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Home My WebLink About20212881.tiffRESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR21-0012, FOR SIX (6) SEMI -TRAILERS OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT - CAMILA LOPEZ AND YOEMNI ORTEGA MARRERO 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 October, 2021, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of Camila Lopez and Yoemni Ortega Marrero, 18514 County Road 12, Fort Lupton, Colorado 80621, for a Site Specific Development Plan and Use by Special Review Permit, USR21-0012, for six (6) semi -trailers outside of subdivisions and historic townsites in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Lot A of Recorded Exemption, RE -1841; being part of the NE1/4 of Section 7, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, the applicant, Camila Lopez, 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.B.1 — The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. 1) Section 22-2-10.6 — states: "Respecting Private Property Rights. One 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 ability to permit more than the allowed semi -trailers on one (1) property is permittable through the Use by Special Review process. This permitting CC :PL(TP/MN), EHG-0, cA(Beh tt), APPL. 3 /IS /22 2021-2881 PL2800 SPECIAL REVIEW PERMIT (USR21-0012) - CAMILA LOPEZ AND YOEMNI ORTEGA MARRERO PAGE 2 process takes many factors into consideration such as location, what the Use is and the impact it will have on the surrounding properties. This proposal is only for the purpose of storing personal items. There is not a business onsite. This proposal will not increase the impact to the surrounding properties and is correcting an existing violation. The existing screening will be fixed, and the Conditions of Approval and Development Standards will assist in mitigating the impacts to the surrounding properties. 2) Section 22-2-30.A.1 — states: "Land use changes should not inhibit agricultural production nor operations." The 20 -acre size of the property could potentially be used for grazing land or farmland but is currently not being utilized for this. If the property was to be used for agricultural production the proposed Use would not negatively impact that use. The proposed location of the six (6) semi -trailers is located on already disturbed ground, which could not be utilized for grazing or farming, so the property owner could effectively have both uses on the subject property. B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of the A (Agricultural) Zone District. 1) Section 23-3-10 — Intent, states, in part: "The A (Agricultural) Zone District is also intended to provide areas for the conduct of Uses by Special Review which have been determined to be more intense or to have a potentially greater impact than Uses Allowed by Right." This Code section allows the applicant to apply for a USR (Use by Special Review) Permit. 2) Section 23-3-40.EE — Uses by special review, of the Weld County Code, allows for a "More than the number of semi -trailers as accessory storage allowed by right or by permit" in Lots outside of a subdivision and historic townsite in the A (Agricultural) Zone District. This Code section allows the applicant to apply for the semi -trailers. C. Section 23-2-230.6.3 — The uses which will be permitted will be compatible with the existing surrounding land uses. There are several USRs within one (1) mile of the site. To the west of the subject property there is a Single-family residence, CUP -38; a kennel, USR-722; two (2) Home Businesses, USR-1115 and USR-1715; and two (2) Open Pit Mining operations, SUP-460AM and USR-1367. To the north of the subject property there is a horse training and boarding facility, USR-742; a greyhound training track, USR-670; and a Home Business, USR-942. To the east of the subject property there is an auto repair shop, USR-1065; a livestock confinement operation, MUSR14-0032; and an agricultural services establishment, USR18-0102. The Weld County Department of 2021-2881 PL2800 SPECIAL REVIEW PERMIT (USR21-0012) - CAMILA LOPEZ AND YOEMNI ORTEGA MARRERO PAGE 3 Planning Services sent notice to nine (9) surrounding property owners within 500 feet of the subject property. Staff received one (1) surrounding property owner response, which outlines concerns that there was a business onsite, and it was more than just parking of semi -trailers. 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 a three (3) mile referral area of the City of Fort Lupton and the Towns of Hudson and Lochbuie. The Towns of Hudson and Lochbuie did not return a referral response. The City of Fort Lupton returned a referral on July 13, 2021, that commented on the rights -of -way identification for the final map but did not have any concerns with the proposal. The site is also located within the Intergovernmental Agreement Area (IGA) of the City of Fort Lupton which stated they had no concerns with the request. 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 Special Flood Hazard Area, Geologic Hazard Overlay District, Airport Overlay District or the Municipal Separate Storm Sewer System (MS4) area. Building Permits issued on the lot 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 property is located on approximately 20 acres designated as "Farmland of statewide importance" The proposed use is minor and is not disturbing any new ground, therefore, impact to the soils will not occur. G. Section 23-2-230.B.7 — There is adequate provision for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. 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. 2021-2881 PL2800 SPECIAL REVIEW PERMIT (USR21-0012) - CAMILA LOPEZ AND YOEMNI ORTEGA MARRERO PAGE 4 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Camila Lopez and Yoemni Ortega Marrero, for a Site Specific Development Plan and Use by Special Review Permit, USR21-0012, for six (6) semi -trailers 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 map shall be amended to delineate the following: 1) All sheets of the map shall be labeled USR21-0012. 2) The attached Development Standards. 3) The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. 4) The map shall delineate the screening used for the semi -trailers. This screening will ensure the semi -trailers are screened from all adjacent properties and public rights -of -way. 5) County Road 12 (westward from a point located approximately 2,765 feet east of County Road 37) is a gravel 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 existing right-of-way (along with the creating documents) and the physical location of the road on the USR map. All setbacks shall be measured from the edge of the right-of-way. This portion of County Road 12 is maintained by Weld County. 6) County Road 12 Section Line (eastward from a point located approximately 2,765 feet east of County Road 37) is shown to have 60 feet of unmaintained section line right-of-way, per the Weld County GIS right-of-way map. The applicant shall delineate the existing right-of-way on the USR map and label the section line right-of-way as "CR 12 Section Line Right -of -Way, not County maintained." All setbacks shall be measured from the edge of the right-of-way. 7) The applicant shall show the two existing access locations on the map and label each access as "Existing Residential Access". 8) The applicant shall show and label the entrance gate(s), 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 2021-2881 PL2800 SPECIAL REVIEW PERMIT (USR21-0012) - CAMILA LOPEZ AND YOEMNI ORTEGA MARRERO PAGE 5 event shall the distance from the gate to the edge of the traveled surface be less than 35 feet. 9) The applicant shall show and label the drainage flow arrows. 10) The applicant shall show and label the parking and traffic circulation. 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 Weld County Code Ordinance #2012-3, approved April 30, 2012, should the plat not be recorded within the required 120 days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall be added for each additional three (3) month period. 4. Prior to Construction: A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required prior to the start of construction. 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. 2021-2881 PL2800 SPECIAL REVIEW PERMIT (USR21-0012) - CAMILA LOPEZ AND YOEMNI ORTEGA MARRERO PAGE 6 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 20th day of October, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: didsA) •X,Gto%ok Weld County Clerk to the Board BY: Deputy Cle APP : v'ED AS County rney Date of signature: I i /°I /2- Steve oreno, Chair ames, Pro- erry L. B 1 ike Freeman 2021-2881 PL2800 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS CAMILA LOPEZ AND YOEMNI ORTEGA MARRERO USR21-0012 1. A Site Specific Development Plan and Use by Special Review Permit, USR21-0012, for six (6) semi -trailers 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. There shall be no more than six (6) semi -trailers onsite. 4. The parking area on the site shall be maintained. 5. The existing screening on the site shall be maintained. 6. 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. 7. 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. 8. 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. 9. 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. 10. Any On -site Wastewater Treatment System (OWTS) located on the property must comply with all provisions of the Weld County Code, pertaining to OWTS. 11. A permanent, adequate water supply shall be provided for drinking and sanitary purposes, if required for business use. The well permitted as 44275 cannot be used for business use unless re -permitted to commercial 12. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 13. 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. 14. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. 2021-2881 PL2800 DEVELOPMENT STANDARDS (USR21-0012) CAMILA LOPEZ AND YOEMNI ORTEGA MARRERO PAGE 2 15. shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. 16. 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. 17. Access will be along unmaintained County right-of-way and maintenance of the right-of-way will not be the responsibility of Weld County. 18. The historical flow patterns and runoff amounts on the site will be maintained. 19. Weld County is not responsible for the maintenance of on -site drainage related features. 20. Building Permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the following have been adopted by Weld County: 2018 International Codes, 2018 International Energy Code, and 2020 National Electrical Code. A Building Permit application must be completed and two (2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A Geotechnical Engineering Report performed by a Colorado registered engineer shall be required or an Open Hole Inspection. 21. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 22. 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. 23. 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. 24. 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. 25. Construction or Use pursuant to approval of a Use by Special Review Permit shall be commenced within three (3) years from the date of Board of County Commissioners signed Resolution, unless otherwise specified by the Board of County Commissioners when issuing the original Permit, or the Permit shall be vacated. 2021-2881 PL2800 DEVELOPMENT STANDARDS (USR21-0012) - CAMILA LOPEZ AND YOEMNI ORTEGA MARRERO PAGE 3 26. This 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. 27. 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. 28. 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. 2021-2881 PL2800 Hello