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HomeMy WebLinkAbout20230115.tiffRESOLUTION RE: GRANT ZONING PERMIT, ZPAG22-0009, FOR CERTAIN USES (CONTRACTOR'S SHOP) IN THE A (AGRICULTURAL) ZONE DISTRICT - DPR GREELEY, LLC 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 of Weld County, Colorado, on the 11th day of January, 2023, considered the request of DPR Greeley, LLC, 2030 35th Avenue, Suite A-1, Greeley, Colorado 80634, for a Zoning Permit, ZPAG22-0009, for Certain Uses (contractor's shop) in the A (Agricultural) Zone District, and WHEREAS, said Zoning Permit is for the above described uses on a parcel of land being more particularly described as follows: Lot 4; being part of the NW1/4 NW1/4 of Section 15, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado, according to the subdivision of lands by the Union Colony of Colorado WHEREAS, the Board of County Commissioners heard all the testimony and statements of those present, studied the request of the applicant and the recommendation of the Weld County Department of Planning Services 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 23-4-1220 of the Weld County Code. 2. It is the opinion of the Board that the applicant has shown compliance with Section 23-4-1200 of the Weld County Code as follows: A. Section 23-4-1200.A.1 — The subject property is a Legal Lot. The subject Zoning Permit will be located on a legal lot known as Lot 4 of the Subdivision of Lands by the Union Colony of Colorado. B. Section 23-4-1200.A.2 — The application complies, or will comply, with the design standards in Section 23-4-1205 and the conditions in Section 23-4-1240. 1) Section 23-4-1205.A — Adequate water service in terms of quality, quantity, and dependability is available to the site to serve the uses permitted. The property has an existing City of Greeley water tap for 2120 Cherry Avenue. The City of Greeley has indicated the existing tap can be used for commercial purposes. Also, there is a commercial well, approved by the Division of Water Resources, under Permit #3-24292-F. The Division of Water Resources, in their CC:PLC-Tm/KNIc4), CA(KM), APPL., APPL. REP. 02. /14 /23 2023-0115 PL0312 ZONING PERMIT FOR CERTAIN USES IN THE A (AGRICULTURAL) ZONE DISTRICT (ZPAG22-0009) — DPR GREELEY, LLC PAGE 2 referral response, dated August 1, 2022, stated this well would be required to be included in a plan for augmentation, prior to being operated for their decreed and permitted uses, and the well must be in compliance with South Platte Measurement Rules before it can be operated. 2) Section 23-4-1205.B — Adequate sewer service is available to the site to serve the uses permitted. There are two (2) existing septic systems on the property: G-19760269, is used for the house, and G-19800170 is for up to four (4) employees and associated with the previously permitted retail business. 3) Section 23-4-1205.C — If soil conditions on the site are such that they present moderate or severe limitations to the construction of structures or facilities proposed for the site, the applicant has demonstrated how such limitations can and will be mitigated. The property is not within the boundaries of a Soil Conservation District. No new structures or buildings are proposed under this Zoning Permit. 4) Section 23-4-1205.D — Adequate fire protection measures are available on the site for the structures and facilities permitted. The City of Greeley Fire Department stated they had no conflicts with their interests, in their referral dated July 12, 2022. 5) Section 23-4-1205.E — Uses shall comply with the stormwater drainage criteria requirements set forth in this Code. The applicant has submitted a preliminary Drainage Narrative and according to the Development Review referral agency comments, dated July 21, 2022, a final Drainage Narrative, which addresses MS4 requirements, shall be submitted. 6) Section 23-4-1205.F — All parking and vehicle storage shall be provided on the site. Parking and loading areas shall be designed and constructed in accordance with Chapter 23, Division I, Article IV. There is adequate parking for the uses proposed on this site. 7) Section 23-4-1205.G — Uses shall comply with all the bulk requirements of Section 23-3-70. Existing buildings and uses meet the bulk requirements of Section 23-3-70. 8) Section 23-4-1205.H — The access shall be located and designed to be safe. Ingress and egress shall not present a safety hazard to the traveling public or to the vehicle accessing the property. For Uses generating high traffic volumes and large number of large, slow -accelerating vehicles, acceleration and deceleration lanes 2023-0115 PL0312 ZONING PERMIT FOR CERTAIN USES IN THE A (AGRICULTURAL) ZONE DISTRICT (ZPAG22-0009) — DPR GREELEY, LLC PAGE 3 may be required to mitigate a potential traffic hazard. Development Review, in their referral dated July 21, 2022, stated the following: "The parcel has an existing permitted access onto Cherty Avenue (AP22-00209 Residential). No other access is requested. The applicant shall revise the access application to include the new usage type (i.e. Commercial)." The traffic information submitted with the application materials indicates there will be five (5) passenger vehicle roundtrips per day and four (4) pick-up truck with trailer roundtrips per week. 90% of the traffic will be traveling to the south on Cherry Avenue and 10% will be traveling to the north on Cherry Avenue. 9) Section 23-4-1205.1 — New accesses to public rights -of -way shall be constructed in accordance with this Code. According to the Development Review referral agency comments, dated July 21, 2022, the parcel has an existing residential Access Permit onto Cherry Avenue (AP22-00209). The applicant shall revise the access application to include the new usage type (i.e. Commercial). Based on the limited traffic, tracking control is not required at this time. 10) Section 23-4-1205.J — 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. Buffering or screening may be accomplished through a combination of berming, landscaping, and fencing. The applicant is proposing to install screening on the existing chain -link fence and add evergreen trees along Cherry Avenue. Additionally, the proposed vehicle/equipment parking area is located to the east of the existing metal garage building, to further screen from Cherry Avenue. Mature trees are located on the eastern boundary of the property. An approved Landscape and Screening Plan is required as a Condition of Approval and will need to be submitted for review and approval by the Department of Planning Services, as a Condition of Approval. 11) Section 23-4-1205.K — Uses shall be located on the least prime soils on the lot unless the applicant can demonstrate why such a location would be impractical or infeasible. The site is covered by existing buildings and improvements and no new buildings are proposed. 12) Section 23-4-1205.L — The placement of signs on the site shall comply with the requirements of Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D, and 23-E. All signs are required to comply with the Weld County Code. 2023-0115 PL0312 ZONING PERMIT FOR CERTAIN USES IN THE A (AGRICULTURAL) ZONE DISTRICT (ZPAG22-0009) - DPR GREELEY, LLC PAGE 4 13) Section 23-4-1205.M — Trash collection areas or facilities shall be screened from public rights -of -way and adjacent properties. These areas shall be designed and used in a manner that will prevent wind- or animal -scattered trash. The application states that oil and waste grease from automobiles will be placed in leak -proof drums and will be disposed of by an appropriate waste removal company. A dumpster will be onsite for normal business waste and will be emptied weekly. The location of the dumpster and tanks, if stored outside, shall be screened and delineated on the ZPAG map. This requirement has been added as a Condition of Approval. C. Section 23-4-1200.A.3 — The proposed use is compatible with applicable provisions of Chapter 22 of this Code. 1) Section 22-2-10.B. — Respecting Private Property Rights. One (1) of the basic principles upon which the United States was founded is the right of citizens to own and utilize property, so long as that use complies with local regulations, and does not interfere with or infringe upon the rights of others. The applicant is proposing to utilize the property for parking, staging and maintenance of vehicles associated with a property maintenance company. Vehicle maintenance will be conducted in the building. 2) Section 22-2-30.A.1 — Land use changes should not inhibit agricultural production nor operations. No agricultural production is occurring on the property. The property is 4.5 acres in size and the existing single-family residence was constructed in 1900. There are also some outbuildings and an office trailer on the site. 3) Section 22-2-30.C.4 — Require access easements and privately maintained rights -of -way to have recorded maintenance agreements to ensure adequate access. This property accesses onto an existing, paved, county -maintained local road (Cherry Avenue). D. Section 23-4-1200.A.4 — The proposed use is compatible with the character of the neighborhood. Single-family residences with livestock and limited agricultural are located to the north and west. An oil and gas production facility (USR16-0009) and larger agricultural parcels are located to the south. Bella Romero Academy Grades 4-8 Campus is located to the east and is screened from the site by existing mature trees. Vehicle parking and staging areas and any outside storage shall be screened from adjacent properties. This requirement is included as a Condition of Approval. Traffic associated with the use will be limited. The application states the traffic associated with the use will be five (5) passenger vehicle roundtrips per day and four (4) vehicle round trips per week for pick-up trucks with trailers. Maintenance of vehicles and equipment and flooring associated with the 2023-0115 PL0312 ZONING PERMIT FOR CERTAIN USES IN THE A (AGRICULTURAL) ZONE DISTRICT (ZPAG22-0009) — DPR GREELEY, LLC PAGE 5 property maintenance business will be located within an existing building. Any parking and staging of vehicles will be required to be screened from adjacent properties. E. Section 23-4-1200.A.5 — The proposed use is compatible with the general health, safety and welfare of the inhabitants of the area and the County. One (1) e-mail of concern from a surrounding property owner (SPO) was received. The concerns outlined in the e-mail include: an increase in traffic, some trucks exceeding the speed limit, which creates a dangerous situation for young children walking along Cherry Avenue because there are no sidewalks, and the installation of opaque fencing that will block views to the east. Staff also received a phone call from another neighbor stating she wanted to make sure that the applicant operated in a way that did not create impacts on the neighbors. She had some concerns that the use, as it is currently operating, is a little invasive. Only areas where vehicles are parked and staged are required to be screened. Traffic associated with this Use is projected to be limited. The application materials indicate that five (5) passenger vehicles roundtrips per day and four (4) pick-up truck with trailer roundtrips per week, with 90% of the traffic projected to be travelling south on Cherry Avenue. Notice of this hearing was sent to 11 SPOs within 500 feet of the proposed ZPAG boundary and a notice sign was posted on the property at least ten (10) days prior to the public hearing. F Section 23-4-1200.A.6 — The application complies with any requirements the Director of the Department of Planning Services deems necessary, in order to mitigate adverse effects of the use on the neighborhood. Conditions of Approval and Development Standards are attached that mitigate the adverse effects of the use on the neighborhood. Additionally, screening for outside parking and staging is required and a Condition of Approval is attached requiring a Landscaping and Screening Plan to be submitted for review and approval by the Department of Planning Services. G. Section 23-4-1200.A.7, states, "The proposed use has adequate access and street/road or highway facilities providing access to the property are adequate in size to meet the requirements of the proposed use." The property accesses onto an existing, paved, local road (Cherry Avenue). H. Section 23-41-200.A.8 — In those instances where the following characteristics are applicable to the request, the applicant has demonstrated compliance with the applicable standards. The property is not located within a floodplain, geological hazard, Agricultural Heritage or I- 25 Overlay District. The site is located within the boundaries of the A -P (Airport) Overlay District; however, no referral comments were received from the Greeley -Weld Airport Authority regarding this application. 2023-0115 PL0312 ZONING PERMIT FOR CERTAIN USES IN THE A (AGRICULTURAL) ZONE DISTRICT (ZPAG22-0009) - DPR GREELEY, LLC PAGE 6 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of DPR Greeley, LLC, for a Zoning Permit, ZPAG22-0009, for Certain Uses (contractor's shop) in the A (Agricultural) Zone District, on the above described parcel of land, which was found to be in compliance with Chapter 23, Article IV, Division 17, of the Weld County Code, be, and hereby is, granted subject to the following conditions: 1. Prior to recording the map: A. The COZ22-0007 map shall be completed and recorded. B. The applicant shall submit a revised Landscape and Screening Plan. 1) The applicant shall submit an Irrigation and Maintenance Plan for proposed landscaping. 2) The applicant is proposing to install slats along the existing fences for screening. The details of the proposed slats shall be submitted, for review and approval, by the Department of Planning Services. The slats shall be interlocking (to not allow gaps between slats). The ZPAG map shall clearly indicate that the fenced area to the north of the proposed employee/equipment parking area shall be screened. C. The applicant shall apply for the appropriate Building Permits for the shop building. Evidence that Building Permits have been applied for shall be submitted to the Department of Planning Services. D. The Zoning Permit Plan shall be amended to delineate the following: 1) All sheets of the plan shall be labeled: ZPAG22-0009. 2) The attached Development Standards. 3) The applicant shall show and label existing structures and approximate distances to the nearest property lines. 4) The applicant shall show and label the location of the screened dumpster and/or trash enclosure. This area shall be designed in a manner that will prevent wind- or animal -scattered trash. 5) The applicant shall show and label existing landscaping, screening and fencing. 6) The Zoning Permit Plan shall bear the certifications outlined in Section 23-4-1220.C.6 of the Weld County Code. 2023-0115 PL0312 ZONING PERMIT FOR CERTAIN USES IN THE A (AGRICULTURAL) ZONE DISTRICT (ZPAG22-0009) — DPR GREELEY, LLC PAGE 7 7) Cherry Avenue is a paved road and is designated on the Weld County Functional Classification Map as a local road, which requires 60 feet of right-of-way at full buildout. The applicant shall delineate and label the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road on the site map or plat. All setbacks shall be measured from the edge of the right-of-way. This road is maintained by Weld County. 8) The applicant shall show and label the approved access location, approved access width and the appropriate turning radii on the site plan. The applicant must obtain an updated Access Permit in the approved location, prior to operation. 9) The applicant shall show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. 10) The applicant shall submit one (1) electronic copy (.pdf) of the plan for preliminary approval to the Weld County Department of Planning Services. Upon approval of the plan the applicant shall submit a Mylar plan along with all other documentation required as Conditions of Approval. The Mylar plan shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services prior to commencement of the use or construction. The applicant shall pay the recording fee. 2. The Zoning Permit for certain uses in the A (Agricultural) Zone District is not perfected until the Conditions of Approval are completed and the map is recorded. Activity shall not occur, nor shall any Building or Electrical Permits be issued on the property until the Zoning Permit is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. 2023-0115 PL0312 ZONING PERMIT FOR CERTAIN USES IN THE A (AGRICULTURAL) ZONE DISTRICT (ZPAG22-0009) — DPR GREELEY, LLC PAGE 8 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of January, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: � ; Weld County Clerk to the Board County ':rney Date of signature: O1/a4/2.3 Mike Freeman, Chair EXCUSED Perry L. Buck, Pro-Tem Scott K. James evin D. Ross 291/44,0‘. Lori Saine 2023-0115 PL0312 ZONING PERMIT FOR CERTAIN USES IN THE A (AGRICULTURAL) ZONE DISTRICT DEVELOPMENT STANDARDS DPR GREELEY, LLC ZPAG22-0009 1 Zoning Permit, ZPAG22-0009, is for Certain Uses (contractor's shop) in the A (Agricultural) Zone District, subject to the Development Standards stated hereon. 2. This property is located within a Disproportionately Impacted Community Boundary as defined in Section 24-4-190 of the Colorado Revised Statutes. 3. A maximum of five (5) employees will be onsite at any time. 4. The number of commercial vehicles shall be no more than nine (9). 5. The parking area on the site shall be maintained. 6. The existing and proposed landscaping and screening on the site shall be maintained. 7. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code. 8. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Articles I and II, of the Weld County Code. 9. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. 10. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. 11. Any work that may occupy and/or encroach upon any County rights -of -way or easement shall require an approved Right -of -Way Use Permit prior to commencement. 12. Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the existing County right-of-way. 13. This site is located in the MS4 area and is subject to the regulations of the State -issued MS4 Permit. 14. The historical flow patterns and runoff amounts on the site will be maintained 15. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 16. 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, C.R.S. §30-20-100.5. 2023-0115 PL0312 DEVELOPMENT STANDARDS (ZPAG22-0009) — DPR GREELEY, LLC PAGE 2 17. 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. The applicant shall operate in accordance with Chapter 14, Article I of the Weld County Code. 18. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's Air Quality Regulations. 19. Adequate drinking, hand washing, and toilet facilities shall be provided for employees, at all times. A permanent, adequate water supply shall be provided for drinking and sanitary purposes, as required. 20. Existing on -site wells cannot be utilized until approved by the Colorado Division of Water of Resources. 21. Any On -site Wastewater Treatment System (OWTS) located on the property must comply with all provisions of the Weld County Code, pertaining to OWTS. 22. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone, as delineated in C.R.S. §25-12-103. 23. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 24. 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. 25. Building Permits may be required for any new construction or set up manufactured structure, per Section 29-3-10 of the Weld County Code. A Building Permit application must be completed and submitted. 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: 2018 International Building Codes, 2018 International Energy Code, 2020 National Electrical Code, and Chapter 29 of the Weld County Code. A plan review shall be approved, and a permit must be issued, prior to the start of construction. 26. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 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. 2023-0115 PL0312 DEVELOPMENT STANDARDS (ZPAG22-0009) — DPR GREELEY, LLC PAGE 3 28. The Zoning Permit area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Changes from the plans or Development Standards, as shown or stated, require the written 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. A revised map may be required to be submitted, approved, and recorded. 29. 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. 30. The property owner, operator or successor shall be responsible for acknowledging and complying with Section 23-4-1240 of the Weld County Code. 31. Section 23-4-1240.E of the Weld County Code states, "Construction or use pursuant to issuance of a Zoning Permit shall be commenced within three (3) years from the date of approval of the permit. A one-time extension of 120 days may be granted by the Department of Planning Services for good cause shown by written request. Before this extension has expired, the applicant may seek a further extension from the Board of County Commissioners by written request to the Director of the Department of Planning Services. If the Board of County Commissioners denies the extension or if construction has not commenced by the date specified by the Board, the Zoning Permit approval shall be voided, and the application denied." 32. Section 23-4-1240.F of the Weld County Code states, "Any Zoning Permit may be revoked by the Board of County Commissioners for violation of any of the terms of this Division 17 or conditions of approval of the Zoning Permit following a Probable Cause Hearing as outlined in Section 2-4-40 of this Code. If the Zoning Permit is revoked, the property owner shall cease operation of the use immediately. Continued operation of the use after a Zoning Permit has been revoked shall be a violation of this Code." 33. Section 23-4-1240.G of the Weld County Code states, "The Director of the Department of Planning Services may revoke a Zoning Permit if the use is discontinued for a period of three (3) consecutive years. Should the Department of Planning Services observe or receive credible evidence of such a discontinuance, the Department shall notify the property owner by first-class mail. If the property owner objects to the revocation of the Zoning Permit within 30 days, the Director of the Department of Planning Services may schedule a public hearing before the Board of County Commissioners for its review and decision. The applicant shall be notified of the public hearing at least ten (10) days prior to the hearing." 34. Section 23-4-1240.H of the Weld County Code states, "The Department of Planning Services may permit minor amendments to an approved Zoning Permit without a complete application fora new Zoning Permit, notification to surrounding property owners, or referral to agencies. The applicant shall provide a written summary of the proposed amendment(s) and any other documentation required by the Department of Planning Services. An increase of ten (10) percent or more in impervious surface area or an increase of ten (10) 2023-0115 PL0312 DEVELOPMENT STANDARDS (ZPAG22-0009) — DPR GREELEY, LLC PAGE 4 percent or more in traffic shall not be considered a minor amendment. If the Director of the Department of Planning Services determines the proposed amendment does not qualify as a minor amendment, the proposed amendment shall require a new Zoning Permit." 35. Section 23-4-1240.1 of the Weld County Code states, "Any use listed in Article III of this Chapter as requiring issuance of a Zoning Permit under this Division 17, but which was in lawful existence at the time of adoption of this Division 17, may continue without obtaining a Zoning Permit so long as the use is not discontinued fora period of three (3) consecutive years. The Department of Planning Services may permit minor amendments to such use in accordance with the preceding subsection. A minor amendment to an existing approved Use by Special Review for a use that now requires a Zoning Permit under this Division 17 shall be processed in accordance with Section 23-2-285 of this Chapter. If the Director of the Department of Planning Services determines the proposed amendment does not qualify as a minor amendment, the proposed amendment shall require a Zoning Permit. If approved, vacation of the Use by Special Review may be a condition of approval of the Zoning Permit." 36. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under Title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and people moving into these areas must recognize the various impacts associated with this development. Oftentimes, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 37. The Weld County Right to Farm Statement, as it appears in Section 22-2-30.A.4.a of the Weld County Code, shall be placed on the map and recognized at all times. 2023-0115 PL0312 Hello