HomeMy WebLinkAbout20080354.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1634 FOR A USE PERMITTED AS A USE BY RIGHT,ACCESSORY USE, OR
USE BY SPECIAL REVIEW IN THE INDUSTRIAL ZONE DISTRICT (TRUCK PARKING,
MAINTENANCE, AND OFFICE) IN THE A (AGRICULTURAL) ZONE DISTRICT -
REYNALDO AND MAYRA BONILLA
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 20th day of
February, 2008, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Reynaldo and Mayra Bonilla, 21505 County Road 22, Hudson, Colorado 80642,
for a Site Specific Development Plan and Use by Special Review Permit#1634 for a Use Permitted
as a Use by Right, Accessory Use, or Use by Special Review in the Industrial Zone District (truck
parking, maintenance, and office) in the A (Agricultural) Zone District on the following described
real estate, being more particularly described as follows:
Part of the NE1/4 of Section 10, Township 2 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was present and represented by Larry Carroll, Jr., The Carroll
Group, Ltd., P.O. Box 886, Brighton, Colorado 80601, at said hearing, 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.
Section 22-2-150.D (A.Goal 4) states, "Conversion of agricultural land to
nonurban residential,commercial,and industrial uses will be accommodated
when the subject site is in an area that can support such development.
Such development shall attempt to be compatible with the region." The
Conditions of Approval and Development Standards will ensure that the
proposed use will be compatible with the region. The surrounding property
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SPECIAL REVIEW PERMIT #1634 - REYNALDO AND MAYRA BONILLA
PAGE 2
is primarily agricultural in nature, with a few homes in close proximity.
Section 23-2-240.A.10 of the Weld County Codes states, "...that buffering
or screening of the proposed use from adjacent properties may be required
in order to make the determination that the proposed use is compatible with
the surrounding uses." As a Condition of Approval, the applicant will be
required to completely screen the use from adjacent properties and
rights-of-way.
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.R of the Weld County Code
provides for a Site Specific Development Plan and Use by Special Review
Permit for a Use Permitted as a Use by Right, Accessory Use, or Use by
Special Review in the Commercial or Industrial Zone Districts (heavy duty
truck and equipment repair) in the A (Agricultural) Zone District.
c. Section 23-2-230.6.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. Currently, there is a single family
home on the site. The surrounding property is primarily agricultural in
nature, with a few homes located in close proximity. The property is
currently being accessed through an easement agreement and crossing
agreement with the Farmers Reservoir and Irrigation Company. As a
Condition of Approval, the applicant is required to obtain a new Access
Agreement for the proposed use, as well as a new Ditch Crossing
Agreement. The applicant has submitted letters from the owners of property
crossed by the access indicating agreement with the proposed use.
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, 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 site is
located within three miles of the Town of Hudson. The Town of Hudson, in
its referral dated November 14, 2007, stated it has reviewed the request and
finds no conflicts with its interests.
e. Section 23-2-230.6.5 -- The site does not lie within any Overlay Districts.
Effective January 1, 2003, 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 August 1, 2005, building permits issued on the
subject site will be required to adhere to the fee structure of the Capital
Expansion Impact Fee and the Stormwater/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.
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g. Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240, Weld
County Code),Operation Standards(Section 23-2-250,Weld County Code),
Conditions of Approval, and Development Standards ensure that 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 Reynaldo and Mayra Bonilla for a Site Specific
Development Plan and Use by Special Review Permit #1634 for a Use Permitted as a Use by
Right, Accessory Use, or Use by Special Review in the Industrial Zone District (truck parking,
maintenance, and office)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 submit a detailed Sign Plan, in compliance with
Chapter 23, Article IV, Division 2, of the Weld County Code, to the Weld
County Department of Planning Services for review and approval.
B. Section 22-5-100.A of the Weld County Code states, "oil and gas
exploration and production should occur in a manner which minimizes the
impact to agricultural uses and the environment and reduces the conflicts
between mineral development and current and future surface uses."
Section 22-5-100.6 of the Weld County Code states, "...encourage
cooperation, coordination, and communication between the surface owner
and the mineral owner/operators of either the surface or the mineral estate."
Section 22-5-100.B.1 of the Weld County Code also states, "New
development should be planned to take into account current and future oil
and gas drilling activity, to the extent oil and gas development can
reasonably be anticipated." The applicant shall submit a copy of an
agreement with the property's mineral owner/operators, stipulating that the
oil and gas activities have been adequately incorporated into the design of
the site, or, show evidence that an adequate attempt has been made to
mitigate the concerns of the mineral owner/operators. Drill envelopes may
be delineated on the plat, in accordance with the State requirements as an
attempt to mitigate concerns. The plat shall be amended to include any
possible future drilling sites.
C. The applicant shall address the requirements and concerns of The Farmers
Reservoir and Irrigation Company, as stated in the referral response dated
October 18, 2007. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
D. The applicant shall address the requirements and concerns of the Colorado
Division of Water Resources, as stated in the referral response dated
October 15, 2007. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
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E. The applicant shall attempt to address the requirements and concerns of the
Weld County Sheriff's Office, as stated in the referral response dated
November 8, 2007. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
F. The applicant shall address the requirements and concerns of the Weld
County Department of Public Works, as stated in the referral response
dated November 5, 2007. Evidence of such shall be submitted, in writing,
to the Weld County Department of Planning Services.
G. The applicant shall address the requirements and concerns of the Weld
County Department of Public Health and Environment, as stated in the
referral response dated November 8, 2007. Evidence of such shall be
submitted, in writing, to the Weld County Department of Planning Services.
H. The applicant shall address the requirements and concerns of the Weld
County Department of Planning Services Landscape referral, dated
October 15, 2007. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
The applicant shall provide the Department of Planning Services with a
recorded crossing agreement with The Farmers Reservoir and Irrigation
Company and the property owners of the land crossed by the access for the
proposed use.
J. The applicant shall provide the Department of Planning Services with a copy
of a commercial well permit from the Colorado Division of Water Resources.
K. The applicant shall provide the Department of Planning Services with a
property Maintenance Plan,for review and approval. The Maintenance Plan
shall be in compliance with Section 23-2-250.B.7 of the Weld County Code.
L. The septic system serving the existing residence shall be reviewed by a
Colorado registered professional engineer for the interim residence and
business uses before the shop is built. The review shall consist of
observation of the system and a technical review describing the system's
ability to handle the proposed hydraulic load. The review shall be submitted
to the Environmental Health Services Division of the Weld County
Department of Public Health and Environment. In the event the system is
found to be inadequately sized or constructed, the system shall be brought
into compliance with current regulations. Evidence of approval from the
Department of Public Health and Environment shall be submitted to the
Department of Planning Services.
M. 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. Evidence of approval from the Department
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of Public Health and Environment shall be submitted to the Department of
Planning Services. The plan shall include, at a minimum, the following:
1) A list of wastes which are expected to be generated on the site(this
should include expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on
the site.
3) The waste handler and facility where the waste will be disposed
(including the facility name, address, and phone number).
N. The applicant shall either complete all proposed improvements, including
those regarding access improvements and parking lot requirements, or,
enter into an Improvements Agreement According to Policy Regarding
Collateral for Improvements and post adequate collateral for all required
materials. The agreement and form of collateral shall be reviewed by
County staff and accepted by the Board of County Commissioners prior to
recording the plat.
O. The plat shall be amended to delineate the following:
1) All sheets shall be labeled USR-1634.
2) The attached Development Standards.
3) County Road 22 is designated on the County Road Classification
Plan as a strategic road, which requires 140 feet of right-of-way at
full buildout. There is presently 60 feet of right-of-way. A total
of 70 feet from the centerline of County Road 22 shall be delineated
on the plat. The future and existing right-of-way, including the
documentation creating them, shall be delineated on the plat. This
road is maintained by Weld County.
4) The existing access shall be utilized. No new accesses are allowed.
The applicant shall specifically indicate on the plat the type of
right-of-way/easement, and whether it is dedicated, private, or
deeded, to provide adequate access to the parcel.
5) The plat shall identify any types of rights-of-way and/or easements
which exist on the site.
6) The applicant shall provide a Lighting Plan. Should exterior lighting
be a part of this facility, all light standards shall be delineated on the
plat and be in accordance with Section 23-3-250.6.6 of the Weld
County Code.
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7) The location of the dumpster shall be delineated on the plat.
8) The applicant shall provide a Parking Plan that designates parking
spots for employees, customers, and business/delivery trucks. The
parking locations shall be dimensioned and shown according to
Section 23-2-260 of the Weld County Code.
9) Based on the application materials, the Department of Planning
Services has determined that eight (8) parking spaces and one (1)
Americans with Disabilities Act(ADA)parking space will be required
on the site. Each parking space shall be equipped with wheel
guards, where needed, to prevent vehicles from extending beyond
the boundaries of the space and from coming into contact with other
vehicles, walls, fences, sidewalks, or plantings.
10) 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. The location and type of
surfacing material shall be delineated on the plat.
Q. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
2. Upon completion of Condition of Approval #1 above, 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 thirty(30)days
from the date of the Board of County Commissioners Resolution. The applicant
shall be responsible for paying the recording fee.
3. The Department of Planning Services respectfully requests the surveyor provide a
digital copy of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo
Coverages and Arclnfo Export files format type is .e00. 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.
4. Prior to operation:
A. The applicant shall provide a written sign-off from the Hudson Fire
Protection District to the Weld County Department of Building Inspection.
B. A Stormwater Discharge Permit may be required for a development/
redevelopment/construction site where a contiguous or non-contiguous land
disturbance is greater than, or equal to, one acre in area. The applicant
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shall contact the Water Quality Control Division of the Colorado Department
of Public Health and Environment at www.cdphe.state.co.us/wq/PermitsUnit
for more information. Written evidence of approval shall be submitted to the
Department of Planning Services.
5. Prior to the issuance of the Certificate of Occupancy:
A. The septic system is required to be designed by a Colorado registered
professional engineer according to the Weld County Individual Sewage
Disposal System (I.S.D.S.) Regulations.
B. An Individual Sewage Disposal System is required of the proposed three-car
garage and shop, and shall be installed according to the Weld County
I.S.D.S. Regulations.
6. 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 20th day of February, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
�) LD COUNTY, COLORADO
r
ATTEST: �` C�
¢fi *i . Jerke,iCh
Weld County Clerk to the Board ‘1 +
X�� oberti. Ma den, Pro-Tem
BY: }}c2
Deputy Cferk to the Board // ' _ _ _
C� Wi .a . Garcia
/ David E. Long P
ounty Attorney
Doug as Radem.cher
Date of signature:
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
REYNALDO AND MAYRA BONILLA
USR#1634
1. A Site Specific Development Plan and Use by Special Review Permit #1634 is for a Use
Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Industrial
Zone District (truck parking, maintenance, and office) in the A (Agricultural) Zone District
and subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code.
3. 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.
4. 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.
5. 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.
6. The applicant shall operate in accordance with the approved Waste Handling Plan.
7. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
8. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District, as delineated in Section 25-12-103, C.R.S.
9. Adequate hand washing and toilet facilities shall be provided for employees and visitors of
the site.
10. Sewage disposal for the facility shall be by septic system. Any septic system located on
the property must comply with all provisions of the Weld County Code, pertaining to
Individual Sewage Disposal Systems.
11. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
12. All potentially hazardous chemicals must be stored and 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.
13. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
14. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Division of Public Health and Environment, Water Quality Control Division.
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DEVELOPMENT STANDARDS - REYNALDO AND MAYRA BONILLA (USR #1634)
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15. A building permit shall be obtained prior to the construction of any new building, addition,
or remodel of existing buildings. A building permit is required for a change of use of any
existing buildings.
16. A plan review is required for each building for which a building permit is required. Plans
shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets
of plans are required with applying for each permit.
17. 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 Fuel Gas Code, 2005 National Electrical Code, and
Chapter 29 of the Weld County Code.
18. New structures will require an engineered foundation based on a site-specific Geotechnical
Report or an open hole inspection performed by a Colorado registered engineer.
Engineered foundations shall be designed by a Colorado registered engineer.
19. Fire resistance of walls and openings,construction requirements,maximum building height,
and allowable areas will be reviewed at the plan review. Setback and offset distances shall
be determined by the Weld County Code.
20. Building height shall be measured in accordance with the 2006 International Building Code
for the purpose of determining the maximum building size and height for various uses and
types of construction, and to determine compliance with the Bulk Requirements from
Chapter 23 of the Weld County Code. Building height shall be measured in accordance
with Chapter 23 of the Weld County Code in order to determine compliance with offset and
setback requirements. When measuring buildings to determine offset and setback
requirements, buildings are measured to the farthest projection from the building. Property
lines shall be clearly identified, and all property pins shall be staked prior to the first site
inspection.
21. A letter of approval from the Hudson Fire Protection District shall be provided to the
Department of Building Inspection prior to construction of any structure.
22. If exterior lighting is proposed to be a part of this facility, all light standards shall be
delineated in accordance with Section 23-3-250.B.6 of the Weld County Code.
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. 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. The applicant must
take into consideration stormwater capture/quantity and provide accordingly for Best
Management Practices.
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25. The hours of operation are Monday through Sunday, 6:00 a.m., to 7:00 p.m.
26. The site shall not have more than five (5) employees at any given time.
27. The site is limited to five (5)trucks and trailers.
28. The application does not propose any portion of the site to be leased to another party. In
the event that a portion of the building is proposed to be leased to another party in the
future, the applicant shall submit a copy of the lease agreement and information regarding
the proposed use of the leased portion to the Weld County Department of Building
Inspection, Hudson Fire Protection District, and the Department of Planning Services, for
review. Based upon the proposed use and/or impacts of the leased portion, the
Department of Planning Services may require an Amended Use by Special Review Permit
application.
29. Effective January 1, 2003, building permits issued on the lot will be required to adhere to
the fee structure of the County-Wide Road Impact Fee Program.
30. Effective August 1, 2005, building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee Programs.
31. The property owner shall allow any mineral owner the right of ingress or egress for the
purposes of exploration, development, completion, recompletion, re-entry, production, and
maintenance operations associated with existing, or future, operations located on these
lands.
32. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
33. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
34. Weld County Government personnel 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
Development Standards stated herein and all applicable Weld County regulations.
35. 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.
36. 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.
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