HomeMy WebLinkAbout20120795 RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR11-0027, 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 (OFFICE/REPAIR SHOP WITH OUTDOOR VEHICLE/EQUIPMENT
STORAGE AND VEHICLE STAGING AREA ASSOCIATED WITH AN EXCAVATION
BUSINESS) IN THE A (AGRICULTURAL) ZONE DISTRICT - M & M EXCAVATION
COMPANY
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 M & M Excavation Company, 1856 Balsam Avenue, Greeley,
Colorado 80631, for a Site Specific Development Plan and Use by Special Review Permit,
USR11-0027, 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 (office/repair shop with outdoor vehicle/equipment storage
and vehicle staging area associated with an excavation business) in the A (Agricultural) Zone
District, on the following described real estate, being more particularly described as follows:
Lot B of Recorded Exemption #4762; being part of
the E1/2 NW1/4 of Section 17, Township 5 North,
Range 64 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Terry Miller, President,
and Patrick Groom, Witwer, Oldenburg, Barry and Johnson, LLP, 822 7th Street, Suite 760,
Greeley, Colorado 80631, 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.
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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 23-2-230.6.1 -- The proposed use is consistent with Chapter 22
and any other applicable Code provisions or ordinance in effect. Section
22-2-20.G.2 (A.Policy 7.2) states, "Conversion of agricultural land to
non urban residential, commercial, and industrial uses should be
accommodated when the subject site is in an area that can support such
development, and should attempt to be compatible with the region."
Section 22-2-20.1.5 (A.Policy 9.5) states, "Applications for a change of
land use in the agricultural areas should be reviewed in accordance with
all potential impacts to surrounding properties and referral agencies."
The proposed Use by Special Review (USR) site is located in an
agricultural area and will be in the proximity of three single-family
residences. The Department of Planning Services is requiring that trucks
and equipment to be parked/stored on the site be screened from these
adjacent properties and public rights-of-way.
b. Section 23-2-230.B.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 Uses by Right, Accessory Uses, and Uses 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 (an office/repair shop with outdoor vehicle/equipment
storage and vehicle staging area associated with an excavation
business), 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 proposed site is
located in an agricultural area one mile north of the Town of Kersey.
There are three (3) single-family residences located approximately 700
feet to the west, 400 feet to the north, and 350 feet to the east of the
proposed USR site. A USR for a gravel mining operation (USR-1687),
approved in 2009, is located approximately one-half mile to the west. No
phone calls, letters, or e-mails have been received from surrounding
property owners regarding this case. The Department of Planning
Services is requiring that the truck/equipment parking area and staging
area be screened from the adjacent residential properties and public
rights-of-way.
d. Section 23-2-230.6.4 -- 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 USR site is located within the three-mile referral
areas of the City of Greeley and the Town of Kersey. The site is located
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immediately outside of the Intergovernmental Agreement Area (IGA) for
the Town of Kersey. Both the City of Greeley and Town of Kersey
returned referrals indicating no conflicts with their interests.
e. Section 23-2-230.6.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. The site is not located within the
floodplain or within the boundaries of any overlay zone. Effective
April 25, 2011, building permits issued on the proposed lots 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.B.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. The proposed USR is located on "Irrigated Prime" soils
according to the Prime and Important Farmlands Map of Weld and
Larimer Counties. The proposed operation will cover approximately six (6)
acres of the existing seventy-six (76) acre parcel.
g. Section 23-2-230.6.7 —The Conditions of Approval and attached
Development Standards will ensure 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 M & M Excavation Company, for a Site Specific
Development Plan and Use by Special Review Permit, USR11-0027, 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
(office/repair shop with outdoor vehicle/equipment storage and vehicle staging area associated
with an excavation 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 plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR11-0027.
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
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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 58 is designated on the Weld County Road
Classification Plan as a collector status road, which requires 80
feet of right-of-way 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, the documents creating the right-of-way,
and the edge of future right-of-way for County Road 58. 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. Alternately,
the screening requirement may be waived upon submittal of
written agreement by the surrounding adjacent property owners.
7) The off-street parking spaces, including the access drive, shall be
surfaced with gravel, asphalt, concrete, or the equivalent and shall
be graded to prevent drainage problems.
8) The access point shall be shown and labeled with the Access
Permit number (AP12-00007).
9) The approved Water Quality Area shall be shown and labeled on
the plat.
2. The applicant shall address the requirements/concerns of the Weld County
Department of Building Inspection, as stated in the referral response dated
January 9, 2012.
3. The applicant shall submit a Dust Abatement Plan, detailing on-site dust control
measures, for review and approval, to the Environmental Health Services
Division of the Weld County Department of Public Health and Environment.
4. In the event washing of vehicles will occur on the site, the applicant shall ensure
that any vehicle washing area(s) shall capture all effluent and prevent discharges
from the washing of vehicles in accordance with the rules and regulations of the
Water Quality Control Commission, and the Environmental Protection Agency.
Vehicle washing areas should be designated on the plat.
5. The applicant shall submit evidence of an Aboveground Storage Tank permit
from the Colorado Department of Labor and Employment (CDL&E), Oil
Inspection Section, for any aboveground storage tanks located on the site.
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Alternately, the applicant may provide evidence from the (CDL&E), Oil Inspection
Section, that they are not subject to these requirements.
6. A signed copy of the Spill Prevention, Control and Countermeasure Plan shall be
provided to the Environmental Health Services Division of the Weld County
Department of Public Health and Environment. The plan shall be in accordance
with Section 3-6-1 of the Colorado Department of Labor and Employment
Division of Oil and Public Safety Storage Tank Regulations (7 C.C.R. 1101-14)
as well as EPA regulations (40 CFR Part 112).
7. The applicant shall submit a Waste Handling Plan, for approval, to the
Environmental Health Services Division of the Weld County Department of Public
Health and Environment. The plan shall include, at a minimum, the following:
A. A list of wastes which are expected to be generated on the site (this
should include expected volumes and types of waste generated).
B. A list of the type and volume of chemicals expected to be stored on the
site.
C. The waste handler and facility where the waste will be disposed (including
the facility name, address, and phone number).
8. The applicant shall submit a Screening Plan to the Department of Planning
Services, for review and approval. Truck parking and heavy equipment storage
and staging areas shall be screened from nearby residences and County Road
rights-of-way. Alternately, the screening requirement may be waived upon
submittal of written agreement by the surrounding adjacent property owners.
9. The applicant shall enter into a Private Improvements Agreement According to
Policy Regarding Collateral for Improvements and post adequate collateral for all
transportation (access drive, parking areas, etcetera) and non-transportation
(fencing) improvements. 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. Alternately, the applicant may submit evidence that all
the work has been completed and reviewed by the Departments of Planning
Services and Public Works.
10. Upon completion of Conditions of Approval #1 through #9 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 eighty (180) days from the
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date of the Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee.
11. 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 added for each additional six (6)
month period.
12. 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.
13. One Month Prior to Construction Activities:
A. In the event that one (1) or more acres are disturbed during the
construction and development of this site, the applicant shall obtain a
Stormwater Discharge Permit from the Water Quality Control Division of
the Colorado Department of Public Health and Environment.
14. Prior to Release of Building Permits:
A. A commercial permit application must be completed and the following
documents submitted:
1) Engineered plans for the metal building and foundations.
2) Life safety and code study plan, including occupancy group,
egress components, firewalls, sprinklers, etcetera.
3) Accessibility requirements will need to meet ANSI A117.1-2003.
This will include parking, routes, restrooms etcetera.
4) Mechanical, electrical, and plumbing drawings.
5) Fire Department notification for the building and the fuel tanks.
6) A separate permit will be required for the fuel tanks. Provide fuel
tank manufacture's specifications and listings.
7) Additional documents listed on the permit application.
15. 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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16. Prior to issuance of the Certificate of Occupancy:
A. An individual sewage disposal system is required for the proposed facility
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.
B. The applicant shall submit evidence of an Underground Injection Control
(UIC) Class V Injection Well permit from the Environmental Protection
Agency (EPA) for any large-capacity septic system (a septic system with
the capacity to serve 20 or more persons per day). Alternately, the
applicant may provide evidence from the EPA that they are not subject to
the EPA Class V requirements.
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:�iGk+ CP
Sean P. Conway, Chair
Weld County Clerk to the Board
XCUSED
fI , I /_ �� wi.m F. Garcia, Pro-Te
BY: 1,(91A J-,
Deputy Cle o the Board 1 36(�i .q!'! .. � �.z �-
- •- ` =a 5- a Kirkmeyer
APPS T�. M: '®u �1
� ♦ David E. Long
ttorney �ou 4) carves
ougla,�Rademach r
Date of signature: `j - j
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DRAFT
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
M & M EXCAVATION COMPANY
USR11-0027
1. A Site Specific Development Plan and Use by Special Review Permit, USR11-0027, is
for a 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 (an office/repair shop with outdoor
vehicle/equipment storage and vehicle staging area associated with an excavation
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 employees working on the site at any one time shall be limited to
thirty (30).
4. The hours of operations shall be from 5:00 a.m., until 10:00 p.m., Monday through
Saturday, except in the case of an emergency.
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.
6. 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.
7. 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.
8. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
9. 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.
10. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District, as delineated in Section 14-9-30 of the Weld County Code.
11. The applicant shall comply with all provisions of the State Underground and Above
Ground Storage Tank Regulations.
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12. Any vehicle or equipment washing areas shall capture all effluent and prevent
discharges in accordance with the rules and regulations of the Water Quality Control
Commission, and the Environmental Protection Agency.
13. All potentially hazardous chemicals must be handled in a safe manner, in accordance
with product labeling, and in a manner that minimizes the release of hazardous air
pollutants and volatile organic compounds. All chemicals must be stored secure, on an
impervious surface, and in accordance with manufacturer's recommendations.
14. Adequate drinking, hand washing, and toilet facilities shall be provided for employees
and patrons of the facility, at all times.
15. Bottled water, portable toilets, and hand washing units shall be utilized during
construction of the facility.
16. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
17. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes. The facility shall utilize the existing public water supply (Central Weld County
Water District).
18. Process wastewater (such as floor drain wastes) shall be captured in a watertight vault
and hauled off for proper disposal. Records of installation, maintenance, and proper
disposal shall be retained.
19. The Spill Prevention, Control and Countermeasure Plan shall be available on-site, at all
times.
20. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
21. Effective April 25, 2011, building permits issued on the proposed lots will be required to
adhere to the fee structure of the County-Wide Road Impact Fee Program.
22. 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.
23. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
24. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
25. 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
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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.
26. The screening on the site shall be maintained in accordance with the approved
Screening Plan. Alternately, the screening requirement may be waived upon submittal
of a written agreement by the surrounding adjacent property owners.
27. Weld County is not responsible for the maintenance of on-site drainage related features.
28. 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.
29. A building permit will be required for any new construction, alteration, or addition to any
building on the property.
30. Buildings and structures 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 Energy Code, 2006 International Fuel
Gas Code, 2011 National Electrical Code, 2003 ANSI 117.1 Accessibility Code, and
Chapter 29 of the Weld County Code.
31. Prior to the release of building permits, the applicant shall submit evidence of approval
from the Platte Valley Fire Protection District to the Weld County Department of Building
Inspection.
32. 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.
33. 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.
34. 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
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.
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35. 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.
36. 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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