HomeMy WebLinkAbout20042065.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1478 FOR A USE PERMITTED AS A USE BY RIGHT,AN ACCESSORY USE,
OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS(CONCRETE BUSINESS) IN THE A(AGRICULTURAL)ZONE DISTRICT-
JOSE AND JOSEFINA AGUIRRE
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 11th day of
August,2004,at the hour of 10:00 a.m.in the Chambers of the Board for the purpose of hearing the
application of Jose and Josefina Aguirre,22670 Weld County Road 54,Greeley, Colorado 80631,
for a Site Specific Development Plan and Use by Special Review Permit#1478 for a Use Permitted
as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial
Zone Districts (concrete business) in the A(Agricultural)Zone District on the following described
real estate, to-wit:
Lot A of Recorded Exemption#3128;being part of the
NE1/4 of Section 26, Township 5 North, Range 65
West of the 6th P.M., Weld County, Colorado
WHEREAS,said applicant was represented by Thomas Hellerich of Winters, Hellerich,and
Hughes, P.C., 5754 West 11th Street, Suite 101, Greeley, Colorado 80634-4811,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 recommendations 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 23-2-230.6.1 --The proposed use is consistent with Chapter22 and
any other applicable Code provisions or ordinance in effect.
Section 22-2-60.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." Conditions of
Approval have been included to ensure the site does not have an adverse
impact on the surrounding properties.
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SPECIAL REVIEW PERMIT#1478 - JOSE AND JOSEFINA AGUIRRE
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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.R of the Weld County Code
provides for a Use Permitted as a Use by Right,an Accessory Use,or a Use
by Special Review in the Commercial or Industrial Zone District 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 surrounding properties are
agricultural in nature with few homes in close proximity. The Conditions of
Approval and Development Standards will help ensure that the use will have
little impact on the surrounding properties.
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 site lies
within the three-mile referral area for the Towns of Kersey and LaSalle and
the Cities of Evans and Greeley. The Towns of Kersey and LaSalle, as well
as the City of Evans, indicated in referral responses that the use does not
conflict with their interests. In a referral response dated May 21, 2004, the
City of Greeley expressed concerns regarding setbacks, screening, dust,
architectural features, waste materials, and outdoor storage. Most of the
concerns have been addressed through the Development Standards and
Conditions of Approval.
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 lot will be required
to adhere to the fee structure of the County-Wide Road Impact Program.
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 small size of the lot limits its agricultural value.
g. Section 23-2-230.6.7 -- 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 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 Jose and Josefina Aguirre for a Site Specific Development
Plan and Use by Special Review Permit#1478 for a Use Permitted as a Use by Right,an Accessory
Use,or a Use by Special Review in the Commercial or Industrial Zone Districts(concrete business)
in the A(Agricultural)Zone District on the parcel of land described above be,and hereby is,granted
subject to the following conditions:
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1. The applicant has not delineated any on-site sign(s). If applicable, and an on-site
sign(s) is desired, the applicant shall submit a Sign Plan to the Department of
Planning Services. If no sign plan is submitted, the site shall adhere to Section
23-4-90.A and .B of the Weld County Code,which states one identification sign per
principal use shall be allowed, provided that the sign does not exceed sixteen (16)
square feet in area per face.
2. Prior to recording the plat:
A. All pages of the plat shall be labeled USR-1478.
B. The applicant shall contact Dave Tuttle, Weld County Sheriffs Office, to
discuss the Crime Prevention Through Environmental Design Program and
any available options for the site. Evidence of such shall be submitted to the
Department of Planning Services.
C. The applicant shall submit a Non-conforming Use application for any
structure not meeting offset requirements as delineated in Section 23-3-50
of the Weld County code. No fee is required.
D. The applicant shall submit written evidence from the Weld County
Department of Building Inspection indicating that the existing buildings meet
all their requirements or that the appropriate Building Permits have been
submitted for the proposed change in use.
E. The applicant shall submit a Dust Abatement Plan for the dirt pile and parking
and driveway areas to the Environmental Health Services Division of the
Weld County Department of Public Health and Environment for review and
approval. Evidence of approval shall be submitted to the Department of
Planning Services.
F. In the event the applicant intends to wash vehicles or equipment on site,the
applicant shall provide evidence that any vehicle washing area will be
designed and constructed to capture all effluent and prevent any discharges
from the washing of vehicles or equipment in accordance with the Rules and
Regulations of the Water Quality Control Commission and the Environmental
Protection Agency. Evidence of Department of Public Health and
Environment approval shall be submitted to the Department of Planning
Services.
G. The septic system serving the home and shop shall be reviewed by a
Colorado registered professional engineer. 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
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into compliance with current regulations. Evidence of Department of Public
Health and Environment approval shall be submitted to the Department of
Planning Services.
H. In the event that one(1)or more acres are disturbed during the construction
and development of this site, the applicant shall inquire with the Water
Quality Control Division (WQCD) of the Colorado Department of Public
Health and Environment if they are required to obtain a Stormwater
Discharge Permit. Alternately, the applicant can provide evidence from
WQCD that they are not subject to these requirements. Evidence of
Department of Public Health and Environment approval shall be submitted
to the Department of Planning Services.
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 Health Department approval
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 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
site.
3) The waste handler and facility where the waste will be disposed
(including the facility name, address, and phone number).
J. The applicant shall attempt to address the requirements and concerns of the
City of Greeley, as stated in the referral response dated May 21, 2004.
Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services.
K. The plat shall be amended to comply with the following Commercial District
Performance Standards as indicated in Section 23-3-250 of the Weld County
Code.
1) Section 23-3-250.A.1 -Stormwater Management. All users of land
shall provide and maintain stormwater retention facilities designed to
retain the stormwater runoff in excess of historic flow from the
undeveloped site. The stormwater retention facility on a developed
site shall be designed fora one-hundred-year storm.The stormwater
retention facility shall be designed and operated to release the
retained water at a quantity and rate not to exceed the quantity and
rate of a five-year storm falling on the undeveloped site. The
application materials state that the stormwater will be directed into
the Union Ditch. There was not an agreement with the Ditch
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Company included with the reviewed materials. The applicant shall
submit an agreement stating that the Union Ditch Company has no
objections to this proposed delivery of stormwater into the Ditch, or
the applicant shall submit an alternative plan to the Department of
Planning Services for review and approval by the Weld County
Department of Public Works.
2) Section 23-3-250.A.2 — Parking. Sufficient, screened, off-street
parking areas shall be provided to meet the requirements of
employees, company vehicles, visitors, and customers of the uses
allowed by right and accessory uses. Appendix 23-A describes the
design requirements for parking spaces, and Appendix 23-B
delineates the number of parking spaces required by use for this
property. The plat shall indicate the appropriate parking spaces.The
off-street parking, including the access drive,shall be surfaced with
gravel or the equivalent, and shall be graded to prevent drainage
problems. Each parking space shall be equipped with a wheel guard
or a curb stop, where needed, to prevent vehicles from extending
beyond the boundaries of spaces and coming into contact with other
vehicles, walls, fences, or plantings.
3) Section 23-3-250.A.3-Street Access. Lots shall have safe access
to an approved public or private street. The design designation of any
street or highway as to type shall be in conformance with that shown
on the County Thoroughfare Plan and/or the Master Plan of the
affected municipality. The plat shall be amended to provide an
adequate site distance for entering Weld County Road 54. Evidence
of Public Works approval of the revised plat shall be submitted to the
Department of Planning Services.
4) Section 23-3-250.A.6 — Areas used for trash collection shall be
screened from public rights-of-way and all adjacent properties.
These areas shall be designed and used in a manner that will prevent
trash from being scatted by wind or animals. The application
materials did identify the location of the dumpster on the plat;
however,the location appears to be arbitrary and will not be screened
from Weld County Road 54. The plat shall be amended to address
this issue.
5) Section 23-3-250.A.9 — Outside Storage. Uses involving outdoor
storage of vehicles, equipment, or materials, when permitted, shall
be screened from public rights-of-way and all adjacent properties.
The applicant has indicated that a fence will be used as screening
material. The plat shall be amended to include perimeter screening
adjacent to the Union Ditch. The applicant shall submit a Screening
Plan which indicates the type and height of the fencing for review and
approval by the Department of Planning Services.
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6) Section 23-2-250.B.6—Light. Any lighting, including light from high
temperature processes such as welding or combustion, shall be
designed, located, and operated in such as manner as to meet the
following standards: sources of light shall be shielded so that beams
or rays of light will not shine directly onto adjacent properties;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;
and no colored lights may be used which may be confused with or
construed as traffic control devices. The application materials did not
include a Lighting Plan. Should exterior lighting be a part of this
facility, all light standards shall be delineated on the Use by Special
Review Plat.
L. The applicant shall complete all proposed improvements, including those
regarding landscaping, screening, access improvements, drainage
requirements, 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 USR plat.
M. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) The approved Screening Plan.
N. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
3. Upon completion of Conditions of Approval #1 and #2 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.
4. 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
mapsa co.weld.co.us.
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5. The Use by Special Review activity shall not occur, nor shall any Building or
Electrical Permits be issued, 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 11th day of August, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
WEffOU7Y, C
� �netail/CL, -k O�ORADO
ATTEST: /, 1 �
Robert D. Masden, Chair
Weld Co unty Clerk to the Board
William H erke, Pro-Tern
• 7 ,Clerk to the Board
� 's M. ile,561 ;Q M
AS lr°11 4\t David E. Long
linty Attorney
Glenn Vaad
Date of signature: `$
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JOSE AND JOSEFINA AGUIRRE
USR #1478
1. The Site Specific Development Plan and Use by Special Review Permit#1478 is for a Use
Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the
Commercial or Industrial Zone Districts (concrete business) in the A (Agricultural) Zone
District, as indicated in the application materials on file 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 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. Any vehicle washing area(s) shall capture all effluent and prevent discharges from the
washing of vehicles and equipment in accordance with the Rules and Regulations of the
Water Quality Control Commission, and the Environmental Protection Agency.
8. 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.
9. 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.
10. Adequate toilet and hand washing facilities shall be provided for employees. The employees
shall be allowed to use the toilet facilities located in the residence.
11. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
12. The facility shall utilize the existing public water supply(Central Weld County Water District).
13. 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.
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14. If applicable,the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
15. If applicable, the applicant shall comply with all provisions of the Underground and Above
Ground Storage Tank Regulations (7 CCR 1101-14).
16. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
17. 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 Program.
18. Property shall be maintained in such a manner that grasses and weeds are not permitted
to grow taller than twelve(12)inches. In no event shall the property owners allow the growth
of noxious weeds.
19. There shall be no parking or staging of trucks within Weld County Road 54 right-of way.
20. Outdoor storage shall not be taller than the proposed fencing.
21. The off-street parking, including the access drive, shall be surfaced with gravel or the
equivalent,and shall be graded to prevent drainage problems. Each parking space shall be
equipped with a wheel guard or a curb stop, where needed, to prevent vehicles from
extending beyond the boundaries of spaces and coming into contact with other vehicles,
walls, fences, or plantings.
22. The historical flow patterns and run-off 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 run-off rate and velocity increases, diversions,
concentration and/or unplanned ponding of storm run-off.
23. Building Permits shall be obtained prior to any new construction.
24. A plan review is required for any new structure. Plans shall bear the wet stamp of a
Colorado registered architect or engineer. Two complete sets of plans are required when
applying for each permit. Building plans from the manufacturer detailing the blocking and
tie down methods are an alternative.
25. Buildings shall conform to the requirements of the codes adopted by Weld County at the
time of permit application. Current adopted codes include the 2003 International Building
Code; 2003 International Mechanical Code; 2003 International Plumbing Code; 2003
International Fuel Gas Code; 2002 National Electrical Code, and Chapter 29 of the Weld
County Code.
26. 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 Section 23 of the Weld County Code.
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27. Building height shall be measured in accordance with the 2003 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. Offset and setback requirements are measured to the farthest
projection from the building.
28. The screening on the site shall be maintained in accordance with the approved Screening
Plan.
29. Hours of operation shall be from 5:00 a.m. to 9:00 p.m., daily.
31. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
32. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
33. 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.
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 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.
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.
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