HomeMy WebLinkAbout20223131.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR22-0020, FOR A LUMBERYARD AND TRANSLOADING FACILITY
OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE
A (AGRICULTURAL) ZONE DISTRICT - PIERCE HARDY LIMITED PARTNERSHIP,
CIO 84 LUMBER 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 30th day of
November, 2022, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Pierce Hardy Limited Partnership, c/o 84 Lumber Company,
1019 Route 519, Eighty Four, Pennsylvania 15330, for a Site Specific Development Plan and Use
by Special Review Permit, USR22-0020, for a Lumberyard and Transloading facility outside of
subdivisions and historic townsites in the A (Agricultural) Zone District, on the following described
real estate, being more particularly described as follows:
Lots A and B of Recorded Exemption, RE -449;
being part of the NE1/4 NE1/4 of Section 33,
Township 6 North, Range 66 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, the applicant was present and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. The applicant has demonstrated that the request is in conformance 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.
1) Section 22-2-30.6.2 states: "Urban -scale development shall only be
placed where urban services, including public water, are available."
The site currently has services provided by the North Weld County
Water District and eventually could have the ability to be serviced
by the City of Greeley water and sewer. This ability allows the area
to be developed in an urban manner.
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2) Section 22-2-40.A.1 states: "Identify target areas where the County
is able to encourage shovel -ready commercial and industrial
development." The existing site has been developed already with
an existing USR for a solid waste disposal site and facility (recycling
facility/transfer station). The proposed use will utilize the existing
structure onsite and the property is ready for new development.
Additionally, the properties around it are existing industrial sites,
with the City of Greeley's Imagine Greeley Land Use Guide Map
defining this area as a Neighborhood Center, with properties
defined as Employment, Industrial, and Commercial Areas.
3) Section 22-2-40.A.3 states: "Plan and invest in a robust
transportation system that connects markets and population
centers." The subject property is bounded on the north by
County Road 64 ("O" Street), on the west by County Road 31
(N. 59th Avenue), and on the south by railroad tracks.
County Road 64 is designated as an arterial road, per Weld County,
and County Road 31 is annexed into the City of Greeley and is
designated as an arterial road. The site will utilize the rail for
delivery of materials. The roadways and rail currently, and will
continue to, connect the market to the population centers. The site
is located in the North Greeley Rail Corridor Subarea. The North
Greeley Rail Corridor Subarea Plan was incorporated into the Weld
County Code as Appendix 22-A, via Ordinance #2010-4, dated July
12, 2010. This Subarea Plan is designed to create opportunities for
landowners along the rail corridor extending from just west of
County Road 23.75 to about one (1) mile east of County Road 31.
Industries will be attracted to the Subarea because of the availability
of significant transportation modes such as the railroad tracks. The
site is also in an Opportunity Zone and, although this is not a
Change of Zone, it is a commercial use and, therefore, the location
of this business is consistent with the Comprehensive Plan's intent
to place commercial businesses within one -quarter (1/4) mile of
railroads.
B. Section 23-2-230.6.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-10 — Intent, states: "Agriculture in the County is
considered a valuable resource which must be protected from
adverse impacts resulting from uncontrolled and undirected
business, industrial and residential land uses. The A (Agricultural)
Zone District is established to maintain and promote agriculture as
an essential feature of the county. The A (Agricultural) Zone District
is intended to provide areas for the conduct of agricultural activities
and activities related to agriculture and agricultural production, and
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for areas for natural resource extraction and energy development,
without the interference of other, incompatible land uses."
2) Section 23-3-40.P — Uses by Special Review of the Weld County
Code allows for a "Lumberyards/woodworking" in lots outside of
subdivisions and historic townsites in the A (Agricultural) Zone
District. This Code section allows the applicant to apply for the
lumberyard component of the proposal.
3) Section 23-3-40.11 — Uses by Special Review of the Weld County
Code allows for a "Transloading" facility in lots outside of
subdivisions and historic townsites in the A (Agricultural) Zone
District. This Code section allows the applicant to apply for the
transloading facility component of the proposal.
C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent unincorporated
lands are zoned A (Agricultural) and I-1 (Light Industrial). The properties
annexed by the City of Greeley are about 400 feet southwest of the site
and are zoned 1-2 (Medium Industrial). The surrounding land uses to the
north, east, and south consist of irrigated, dryland agricultural. Commercial
and industrial uses are concentrated to the southwest of the site. There
are nine (9) USRs within one (1) mile of the site and two (2) Site Plan
Reviews. To the north of the subject property there is one (1) natural gas
facility; USR-598. To the east of the subject property there is one (1) mining
operation; USR-2AMUSR-247, one (1) resource development facility;
USR-1779; and one (1) telecommunication tower, USR-1515. To the south
of the subject property there is one (1) kennel, USR-1587; and one (1)
second single-family dwelling unit; USR18-0014. To the west of the subject
property there is one (1) gravel mining operation, USR-900; one (1) mineral
resource development facility, 2AMUSR-897; and one (1) excavating
company; SPR21-0005 and SPR-4. The Weld County Department of
Planning Services sent notice to 20 surrounding property owners within
500 feet of the subject property. There were no emails or phone calls
received regarding the proposed application. The proposed use is in an
area that can support this development, and the proposed screening,
Conditions of Approval and Development Standards will assist in mitigating
the impacts of the facility on adjacent properties and ensure compatibility
with surrounding land uses and the region.
D. Section 23-2-230.B.4 — The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
existing zoning, and with the future development, as projected by
Chapter 22 of the Weld County Code, and any other applicable Code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is located within the three (3) mile referral area of
the City of Greeley. The City of Greeley had many comments in their
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referral response, dated September 7, 2022. Most comments were
advisory and related to the design of the site, which is captured in the
landscape plan. Other comments were related to the stormwater/drainage
requirements, which will be captured in the required drainage report, per
Development Review.
E. Section 23-2-230.B.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The property is not within the
Geologic Hazard Overlay District, Agricultural Heritage Overlay District,
A -P (Airport) Overlay District, 1-25 Overlay District, MS4 - Municipal
Separate Storm Sewer System area, Special Flood Hazard Area, Historic
Townsites Overlay District, or Municipal Separate Storm Sewer System
(MS4), a Special Flood Hazard Area, or the Historic Townsites Overlay
District. The site is located in the North Greeley Rail Corridor Subarea.
Building Permits issued on the property will be required to adhere to the
fee structure of the County -Wide Road Impact Fee, 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 proposal is located on approximately 10.7 acres. No prime
agricultural land is affected by this proposal. Half of the site is currently
developed and with this proposal the entire property will be developed. Due
to the size of the property and the historic use of the site no agricultural
land will be impacted by this proposal.
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 can 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 Pierce Hardy Limited Partnership, c/o 84 Lumber
Company, for a Site Specific Development Plan and Use by Special Review Permit, USR22-0020,
for a Lumberyard and Transloading facility outside of subdivisions and historic townsites 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 map:
A. The applicant shall acknowledge the requirements of the City of Greeley,
as stated in the referral response, dated September 7, 2022. Written
evidence of such shall be submitted to the Weld County Department of
Planning Services.
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B. The applicant shall acknowledge the requirements of the Greeley Fire
Department, as stated in the referral response, dated August 18, 2022.
Written evidence of such shall be submitted to the Weld County
Department of Planning Services.
C. The applicant shall address the requirements of the Weld County
Department of Building Inspection, as stated in the referral response, dated
August 24, 2022. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
D. The applicant shall record the Lot Line Adjustment plat, LLA22-0010, prior
to recording the USR22-0020 map.
E. There is a Use by Special Review Permit, USR-1670, Reception #3683459,
for a Solid Waste Disposal Site and Facility (recycling facility/transfer
station) in the A (Agricultural) Zone District on Lot A of Recorded
Exemption, RE -449. The applicant shall submit a letter requesting the
vacation of USR-1670. USR-1670 shall be vacated prior to recording the
USR22-0020 map.
F. An updated Landscape and Screening Plan that screens the site from the
surrounding property owners and rights -of -way and includes the proposed
lighting for the site shall be submitted to, and approved by, the Department
of Planning Services.
G. A Final Drainage Report and Certification of Compliance stamped and
signed by a Professional Engineer, registered in the State of Colorado, is
required.
H. A Final Traffic Impact Analysis stamped and signed by a Professional
Engineer, registered in the State of Colorado, is required.
An Improvements and Road Maintenance Agreement is required for off -site
improvements at this location. Road maintenance includes, but is not
limited to, dust control and damage repair to specified haul routes. The
Agreement shall include provisions addressing engineering requirements,
submission of collateral, and testing and approval of completed
improvements.
J. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR22-0020.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
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4) The applicant shall delineate the trash collection areas on the map.
Section 23-2-240.A.13 of the Weld County Code addresses the
issue of trash collection areas.
5) The map shall delineate the landscaping and screening in
accordance with the approved Landscape and Screening Plan.
6) The map shall delineate the on -site lighting in accordance with the
approved Lighting Plan.
7) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2 of the Weld County Code.
8) The map shall delineate the parking area for the vendors,
customers and/or employees.
9) County Road 64 is a paved road and is designated on the Weld
County Functional Classification Map as an arterial road, which
requires 140 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.
10) This portion of County Road 31 (also known as N. 59th Avenue) is
under the jurisdiction of the City of Greeley. Please contact the
municipality to verify the right-of-way. Show and label the
right-of-way. If applicable, show the approved access(es) on the
site plan and label with the approved Access Permit number.
11) The applicant shall show and label the existing proposed access
locations onto County Road 64 and County Road 31. Show and
label the access width and the appropriate turning radii on the map.
The applicant must obtain an Access Permit in the approved
locations prior to construction.
12) The applicant shall show and label the approved tracking control on
the site plan.
13) The applicant shall show and label the entrance gate, if applicable.
An access approach that is gated shall be designed so that the
longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event shall the
distance from the gate to the edge of the traveled surface be less
than 35 feet.
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14) The applicant shall show and label the accepted drainage features.
Stormwater ponds should be labeled as "Stormwater Retention,
No -Build or Storage Area" and shall include the calculated volume.
15) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the map the applicant
shall submit a Mylar map along with all other documentation required as Conditions
of Approval. The Mylar map shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The map shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. The Mylar map and additional requirements shall be submitted
within 120 days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee.
3. In accordance with Appendix 5-J of the Weld County Code, should the map not be
recorded within the specified timeline from the date of the Board of County
Commissioners Resolution, a $50.00 recording continuance fee shall be added for
each additional three (3) month period.
4. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to
on -site construction.
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
5. The Use by Special Review Permit 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 Use by Special
Review plat 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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 30th day of November, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WEED COUNTY, COLORADO
ATTEST: djaiv "L;(1
Weld County Clerk to the Board
ounty orney
Date of signature: oi/o3/23
S7✓ott K. James, Chair
M' - Fr= -man, Pro-Te
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
PIERCE HARDY LIMITED PARTNERSHIP,
C/O 84 LUMBER COMPANY
USR22-0020
1. Site Specific Development Plan and Use by Special Review Permit, USR22-0020, is for a
Lumberyard and Transloading facility outside of subdivisions and historic townsites in the
A (Agricultural) Zone District, 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. The hours of operation are 7:00 a.m. to 6:00 p.m., Monday through Friday, and 8:00 a.m.
to 12:00 p.m., on Saturday.
4. The number of on -site employees shall be up to fifteen (15) full-time employees and
ten (10) part-time employees.
5. The parking area on the site shall be maintained.
6. The storage area 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 existing and proposed landscaping and screening on the site shall be maintained in
accordance with the accepted Landscape and Screening Plan.
9. 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.
10. 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.
11. 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.
12. 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 and the
accepted Dust Abatement Plan.
13. This facility shall adhere to the maximum permissible noise levels allowed in in the Light
Industrial Zone, as delineated in C.R.S. §25-12-10.
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14. Any On -site Wastewater Treatment System (OWTS) located on the property must comply
with all provisions of the Weld County Code, pertaining to OWTS.
15. Any additional hydraulic load to the existing OWTS (SP -0900146) will require an
evaluation from a Colorado Registered Professional Engineer. The engineer's evaluation
shall be submitted to the Weld County Department of Public Health and Environment. In
the event the system is found to be inadequate, the system must be brought into
compliance with current OWTS Regulations.
16. Adequate drinking, hand washing, and toilet facilities shall be provided for employees and
patrons of the facility, at all times. A permanent, adequate water supply shall be provided
for drinking and sanitary purposes.
17. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
18. 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.
19. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
20. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
21. 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.
22. The property owner shall comply with all requirements provided in the executed
Improvements Agreement.
23. The Improvements Agreement for this site may be reviewed on an annual basis, including
a site visit and possible updates.
24. Weld County is not responsible for the maintenance of on -site drainage related features.
25. The historical flow patterns and runoff amounts on the site will be maintained.
26. Lighting shall be maintained in accordance with the accepted Lighting Plan.
27. 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.
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28. Building Permits shall 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,
2020 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.
29. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
30. 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.
31. 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.
32. 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.
33. Construction or use pursuant to approval of a Use by Special Review Permit shall be
commenced within three (3) years from the date of approval, unless otherwise specified
by the Board of County Commissioners when issuing the original Permit, or the Permit
shall be vacated. The Director of the Department of Planning Services may grant an
extension of time, for good cause shown, upon a written request by the landowner.
34. A Use by Special Review shall terminate when the use is discontinued for a period of
three (3) consecutive years, the use of the land changes or the time period established by
the Board of County Commissioners through the approval process expires. The landowner
may notify the Department of Planning Services of a termination of the use or Planning
Services staff may observe that the use has been terminated. When either the Department
of Planning Services is notified by the landowner, or when the Department of Planning
Services observes that the use may have been terminated, the Planner shall send certified
written notice to the landowner asking that the landowner request to vacate the Use by
Special Review Permit.
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35. 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.
36. 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.
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