HomeMy WebLinkAbout20120758 RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR11-0023, FOR ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS, PROVIDED THAT THE PROPERTY IS NOT A LOT
IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR PART OF A MAP OR
PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING
SUBDIVISIONS (STORAGE OF UP TO 30 TRAILERS AND 25 TRUCKS, ALONG
WITH A FUTURE SHOP ASSOCIATED WITH A TRUCKING BUSINESS) IN THE
A (AGRICULTURAL) ZONE DISTRICT-ADOLPH AND JOHN TREVINO
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 21st day
of March, 2012, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Adolph and John Trevino, 130 West Union Avenue, LaSalle, Colorado
80645, for a Site Specific Development Plan and Use by Special Review Permit, USR11-0023,
for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts, provided that the property is not a lot in an approved or
recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations
controlling subdivisions (storage of up to 30 trailers and 25 trucks, along with a future shop
associated with a trucking business) in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
Lot A of Recorded Exemption #2341; being part of
the NE1/4 of Section 30, Township 4 North, Range
65 West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicants were present, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall be approved for the following
reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
a. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable Code provisions or ordinance in effect.
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SPECIAL REVIEW PERMIT (USR11-0023) -ADOLPH AND JOHN TREVINO
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1) Section 22-2-20.6.2 (A.Policy 2.2) states, "Allow commercial and
industrial uses, which are directly related to, or dependent upon,
agriculture, to locate within agricultural areas when the impact to
surrounding properties is minimal or mitigated, and where
adequate services and infrastructure are currently available or
reasonably obtainable. These commercial and industrial uses
should be encouraged to locate in areas that minimize the
removal of agricultural land from production."
2) Section 22-2-20.G.1 (A.Policy 7.1) states, "County land use
regulations should support commercial and industrial uses that are
directly related to, or dependent upon, agriculture, to locate within
the agricultural areas, when the impact to surrounding properties
is minimal, or can be mitigated, and where adequate services are
currently available or reasonably obtainable." The proposed use
involves the storage of trucks and equipment associated with
hauling of crops and agricultural related products (hay, onions,
silage, and sugar beets). The site is located on an 11-acre parcel
that is partially covered with livestock pens (where vehicle storage
is not occurring). No additional agricultural land will be removed
from production. The Conditions of Approval and Development
standards will ensure compliance with Chapter 22.
b. Section 23-2-230.6.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.S of the Weld County
Code allows for any use permitted as a Use by Right, Accessory Use, or
Use by Special Review in the Commercial or Industrial Zone Districts,
provided that the property is not a Lot in an approved or recorded
subdivision plat or part of a map or plan filed prior to adoption of any
regulations controlling subdivisions (outdoor storage of trucks and trailers
and a future shop associated with a trucking business) as a Use by
Special Review in the A (Agricultural) Zone District.
c. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The site is located in
an agricultural area. The site is adjacent to a single family residence
immediately to the west and a single family residence to the east (across
County Road 39). An existing Use by Special Review Permit (USR-662 —
for a horse boarding and training facility) is located immediately to the
south of the property. Agricultural land and a single family residence are
located to the north and northwest of the site. This application was
submitted to address an active Zoning Violation (ZCV10-00140). This
violation was initiated due to the operation of commercial vehicle traffic
and storage of vehicles without first completing the necessary Weld
County Zoning Permits. The Department of Planning Services has
attached Conditions of Approval and Development Standards to ensure
compatibility with the surrounding area, such as requiring that the truck
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and trailer storage area be completely screened from adjacent properties
and County road right-of-way.
d. Section 23-2-230.B.4 -- The uses which will be permitted will be
compatible with future development of the surrounding area, as permitted
by the existing zoning, and with the future development, as projected by
Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The proposed USR is not located within a three-mile
municipal referral area, or within an Intergovernmental Agreement (IGA)
area.
e. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. Effective April 25, 2011, building
permits issued on the proposed lot will be required to adhere to the fee
structure of the County-Wide Road Impact Fee Program. Effective
April 25, 2011, building permits issued on the proposed lot will be
required to adhere to the fee structure of the County Facility Fee and
Drainage Impact Fee Programs.
f Section 23-2-230.6.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. The parcel is designated as "Irrigated Land (Not Prime)"
according to the Prime and Important Farmlands Map of Weld and
Larimer Counties.
g. Section 23-2-230.B.7 — There are adequate provisions for the protection
of the health, safety, and welfare of the inhabitants of the neighborhood
and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Adolph and John Trevino, for a Site Specific
Development Plan and Use by Special Review Permit, USR11-0023, for any Use permitted as a
Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone
Districts, provided that the property is not a lot in an approved or recorded subdivision plat or
part of a map or plan filed prior to adoption of any regulations controlling subdivisions (storage
of up to 30 trailers and 25 trucks, along with a future shop associated with a trucking business)
in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby is,
granted subject to the following conditions:
1. Prior to Recording the plat:
A. The applicant shall address the requirements/concerns of the Weld
County Department of Building Inspection, as stated in the referral
response dated November 8, 2011.
B. Portable toilets shall be allowed until there are permanent on-site
employees, at which time an individual sewage disposal system will be
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required and shall be installed according to the Weld County Individual
Sewage Disposal System (I.S.D.S.) Regulations. The septic system is
required to be designed by a Colorado registered professional engineer,
according to the Weld County I.S.D.S. Regulations.
C. If any on-site lighting is proposed, the applicant shall submit a Lighting
Plan to the Department of Planning Services, for review and approval.
D. The applicant shall submit a Screening Plan to the Department of
Planning Services, for review and approval (the trucks and trailers shall
be screened from adjacent residences and County road right-of-way).
E. The applicant shall enter into a Private Improvements Agreement
According to Policy Regarding Collateral for Improvements and post
adequate collateral for fencing and screening. The agreement and form
of collateral shall be reviewed by County staff and accepted by the Board
of County Commissioners prior to recording the USR plat. The applicant
may submit evidence that all the work has been completed and reviewed
by the Departments of Planning Services and Public Works.
F. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR11-0023.
2) The attached Development Standards.
3) The plat shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall delineate the trash collection areas. Section
23-3-350.H of the Weld County Code addresses the issue of trash
collection areas. Areas used for storage or trash collection shall
be screened from adjacent properties and public rights-of-way.
These areas shall be designed and used in a manner that will
prevent trash from being scattered by wind or animals.
5) County Road 39 is designated on the Weld County Road
Classification Plan as a collector road, which requires 80 feet of
right-of-way (40 feet from the centerline of County Road 39) at full
buildout. There is presently 60 feet of right-of-way. The applicant
shall verify, and delineate on the plat, the existing right-of-way and
the documents creating the right-of-way. The edge of future
right-of-way for County Road 39 shall be indicated on the plat as
well. All setbacks shall be measured from the edge of future
right-of-way. If the right-of-way cannot be verified, it shall be
dedicated. These roads are maintained by Weld County.
6) The plat shall delineate the approved Screening Plan.
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7) The plat shall delineate the approved Lighting Plan (if applicable).
8) The existing accesses shall be shown on the plat and labeled with
the Access Permit number-AP11-00544.
9) The plat map shall be modified to relocate truck parking from the
southwestern portion of the property to the north end of the
property.
10) The approved Lighting Plan, if applicable.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
three (3) paper copies of the plat for preliminary approval to the Weld County
Department of Planning Services. Upon approval of the paper copies, the
applicant shall submit a Mylar plat, along with all other documentation required
as Conditions of Approval. The Mylar plat shall be recorded in the office of the
Weld County Clerk and Recorder by the Department of Planning Services. The
plat shall be prepared in accordance with the requirements of Section 23-2-260.D
of the Weld County Code. The Mylar plat and additional requirements shall be
submitted within one hundred eight (180) days from the date of the Board of
County Commissioners Resolution. The applicant shall be responsible for paying
the recording fee.
3. In accordance with Weld County Code Ordinance #2005-7, approved June 1,
2005, should the plat not be recorded within the required one hundred eighty
(180) days from the date of the Board of County Commissioners Resolution, a
$50.00 recording continuance charge shall be added for each additional six (6)
month period.
4. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or
ArcGIS Personal GeoDataBase (MDB). The preferred format for Images is .tif
(Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps@co.weld.co.us.
5. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review plat
is ready to be recorded in the office of the Weld County Clerk and Recorder.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 21st day of March, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: :,.w ._ r-----
Sean P. Conway, Chair
Weld County Clerk to the Board v
'- � EXCUSED
/ EL- Willi-m F. Garcia, Pro-Te
BY: ,C».r s��' '! �r a�(► '
Deputy C rk to the Board ,62- �
MI I�
`_r' � •ara Kirkmeyer /APPRED T FORM: fir. A CDC-3 ,9
�`.'i avid E. Long
af"r5ty Attorney 'Yi
ougla adema er
Date of signature: `% -9-5-1
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ADOLPH AND JOHN TREVINO
USR11-0023
1. A Site Specific Development Plan and Use by Special Review Permit, USR11-0023, is
for any use permitted as a Use by Right, Accessory Use, or Use by Special Review in
the Commercial or Industrial Zone Districts, provided that the property is not a Lot in an
approved or recorded subdivision plat, or part of a map or plan filed prior to adoption of
any regulations controlling subdivisions (storage of up to 30 trailers and 25 trucks, along
with a future shop associated with a trucking business) in the A (Agricultural) Zone
District.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The number of on-site employees shall be limited to no more than fifteen (15) at any one
time.
4. The number of vehicles/equipment on the site at any one time shall be limited to
twenty-five (25) trucks and thirty (30) trailers, in accordance with the application
materials.
5. All liquid and solid wastes, as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S., shall be stored and removed for final disposal in a
manner that protects against surface and groundwater contamination.
7. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the
Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.
8. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions.
9. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
10. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The
facility shall be operated in accordance with the approved Dust Abatement Plan, at all
times.
11. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone, as delineated in Section 14-9-30 of the Weld County Code.
12. No washing or maintenance of vehicles or equipment shall occur on the property.
13. Adequate drinking (bottled water), hand washing, and portable toilet facilities shall be
provided for employees of the facility, at all times, until there are permanent on-site
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employees, which will require the installation of a permanent individual sewage disposal
system.
14. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
15. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
16. The operation shall comply with all applicable rules and regulations of state and federal
agencies, and the Weld County Code.
17. Effective April 25, 2011, building permits issued on the proposed lot will be required to
adhere to the fee structure of the County-Wide Road Impact Fee Program.
18. Effective April 25, 2011, building permits issued on the proposed lot will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee
Programs.
19. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
20. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
21. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties, where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan. Neither the direct nor reflected light from any
light source may create a traffic hazard to operators of motor vehicles on public or
private streets. No colored lights may be used which may be confused with, or
construed as, traffic control devices.
22. The screening on the site shall be maintained in accordance with the approved
Screening Plan (the trucks and trailers shall be screened from adjacent residences and
County road right-of-way).
23. Should noxious weeds exist on the property, or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
24. A building permit shall be obtained prior to the construction of any new structures.
25. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application. Currently, the following have been adopted by Weld County: 2006
International Building Code, 2006 International Mechanical Code, 2006 International
Plumbing Code, 2006 International Fuel Gas Code, and 2011 National Electrical Code,
and Chapter 29 of the Weld County Code.
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26. Prior to the release of building permits, the applicant shall submit evidence of approval
from the LaSalle Fire Protection District to the Weld County Department of Building
Inspection.
27. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment shall be granted access onto the property at
any reasonable time in order to ensure the activities carried out on the property comply
with the Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
28. The historical flow patterns and runoff amounts will be maintained on the site in such a
manner that it will reasonably preserve the natural character of the area and prevent
property damage of the type generally attributed to runoff rate and velocity increases,
diversions, concentration, and/or unplanned ponding of storm runoff.
29. The Use by Special Review area shall be limited to the plans shown hereon and
governed by the foregoing standards and all applicable Weld County regulations.
Substantial changes from the plans or Development Standards, as shown or stated,
shall require the approval of an amendment of the Permit by the Weld County Board of
County Commissioners before such changes from the plans or Development Standards
are permitted. Any other changes shall be filed in the office of the Department of
Planning Services.
30. The property owner or operator shall be responsible for complying with all of the
foregoing Development Standards. Noncompliance with any of the foregoing
Development Standards may be reason for revocation of the Permit by the Board of
County Commissioners.
31. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the plat.
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