HomeMy WebLinkAbout20193716.tiffCORRECTED RESOLUTION
(To insert fifth Whereas paragraph, and delete former Development Standard #21 Noise Limit)
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR19-0027, FOR ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (COMMERCIAL TRUCKING BUSINESS WITH THREE
(3) TRUCKS) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED
OR RECORDED SUBDIVISION PLAT OR PART OF A MAP OR PLAN FILED PRIOR
TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE
A (AGRICULTURAL) ZONE DISTRICT - SERGIO AND EMMA VARGAS
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 21st day of
August, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Sergio and Emma Vargas, 800 S. 1st Street, Kersey, Colorado 80644, for a Site
Specific Development Plan and Use by Special Review Permit, USR19-0027, for any Use
permitted as a Use by Right, Accessory Use or Use by Special Review in the Commercial or
Industrial Zone Districts (commercial trucking business with three (3) trucks) provided that the
property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior
to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, on the
following described real estate, being more particularly described as follows:
Lot A of Recorded Exemption, RECX16-0160; being
part of the E1/2 NE1/4 of Section 20, Township 4
North, Range 64 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Mark Taylor, Alles, Taylor
and Duke, LLC, 3610 35th Avenue, Unit #6, Evans, Colorado 80620, 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 application for Use by Special Review Permit, USR19-0027 was received
and processed prior to the adoption of Ordinance #2019-02, effective July 25, 2019, which
amended Chapter 23 Zoning of the Weld County Code. Therefore, the standards for review of
said USR Permit will remain subject to Chapter 23, Article III, of the Weld County Code as it
existed prior to July 25, 2019, 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.
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SPECIAL REVIEW PERMIT (USR19-0027) - SERGIO AND EMMA VARGAS
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2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20.G (A.Goal 7) states: "County land use regulations
should protect the individual property owner's right to request a land
use change." The trucking company works with several oil and gas
companies removing water and bringing fresh water to sites located
within the agricultural area. The small number of trucks will limit the
impacts to adjacent properties.
2) Section 22-2-80.F.2 (I.Policy 6.2) states: "Support the use of visual
and sound barrier landscaping to screen open storage areas from
residential uses or public roads."A Screening Plan is required as a
Condition of Approval to separate the business from adjacent
properties and rights -of -way. The proposed use is in an area that
can support this development, as the required screening, the
Development Standards, and the Conditions of Approval will assist
in mitigating the impacts of the facility on the adjacent properties
and ensure compatibility with surrounding land uses and the region.
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 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. The A
(Agricultural) Zone District regulations are established to promote
the health, safety and general welfare of the present and future
residents of the COUNTY." The parking of more than two (2) trucks
requires a Use by Special Review so that potential impacts can be
mitigated.
2) Section 23-3-40.A states: "Mineral resource development facilities
including: #2. Oil and Gas Support and Service." The trucking
business supports the oil and gas industry in Weld County, which
requires a Use by Special Review as an Oil and Gas Support and
Service facility.
C. Section 23-2-230.6.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent lands consist of
pastures, crops, and rural residences. The closest residence is about 220
feet west of the site. There are at least ten (10) residences within a half
mile of the property. The Department of Planning Services sent notice to
six (6) surrounding property owners, received correspondence from
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three (3) surrounding property owners within 500 feet of the parent parcel
and one (1) more from a property outside of the notification area. The letters
outline concerns about traffic, poor visibility on County Road 44, industrial
use of the site, the access easement through the property to another
property, waste, noise, environmental impacts, and hours of operation.
There are four (4) USRs within one mile of the site: USR15-0004 for semi
parking and a shop, USR-1140AM for a 4,000 -head dairy, CUP -31 for a
single-family residence, and USR12-0052 fora non -1041 major facility. The
Conditions of Approval require that the applicant submit a Screening Plan,
which will assist in mitigating the impacts of the facility on the adjacent
properties and ensure compatibility with surrounding land uses and the
region.
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 is not located within a three (3) mile referral area of
any municipality, nor is it located within any existing Intergovernmental
Agreement Area (IGA) of a municipality.
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, a Special Flood Hazard Area or the Airport Overlay
District. 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 23-2-230.6.6 -- The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The proposed facility is entirely located on 3.4 acres of Irrigated Land
(Not Prime), per the 1979 Soil Conservation Service Important Farmlands
of Weld County Map and no "Prime" soils are affected by this proposal.
G. Section 23-2-230.6.7 — There is adequate provisions 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Sergio and Emma Vargas, for a Site Specific
Development Plan and Use by Special Review, USR19-0027, for any Use permitted as a Use by
Right, Accessory Use or Use by Special Review Permit in the Commercial or Industrial Zone
Districts (commercial trucking business with three (3) trucks) provided that the property is not a
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lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of
any regulations controlling subdivisions in the A (Agricultural) Zone District, on the parcel of land
described above be, and hereby is, granted subject to the following conditions:
1. Prior to recording the plat:
A. The applicant shall attempt to address the requirements of the Central
Weld County Water District, as stated in the referral response dated
May 23, 2019. Written evidence of such shall be submitted to the Weld
County Department of Planning Services.
B. The applicant shall submit a Screening Plan that screens the truck parking
area from adjacent properties.
C. A Final Drainage Report and Certification of Compliance, stamped and
signed by a Professional Engineer registered in the State of Colorado, is
required.
D. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR19-0027.
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 applicant shall delineate on the map the trash collection areas.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
5) The map shall delineate the screening in accordance with the
approved Screening Plan.
6) All signs shall be shown on the map and shall adhere to Chapter
23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of
the Weld County Code.
7) County Road 44 is a paved road and is designated on the Weld
County Functional Classification Map as a collector road which
requires 80 feet of right-of-way at full buildout. The applicant shall
delineate and label on the site map or plat the future and existing
right-of-way (along with the documents creating the existing right-
of-way) and the physical location of the road. All setbacks shall be
measured from the edge of right-of-way. This road is maintained by
Weld County.
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8) The applicant shall show and label the approved access locations,
approved access width and the appropriate turning radii (60') on the
site plan. The applicant must obtain an access permit in the
approved location(s) prior to construction.
9) The applicant shall show and label the approved tracking control on
the site plan.
10) 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.
11) The applicant shall show and label the existing 30 -foot shared
access and utility easement to provide legal access to the parcel on
the site plan.
12) The applicant shall show and label the accepted drainage features.
Stormwater ponds should be labeled as "Stormwater Detention,
No -Build or Storage Area" and shall include the calculated volume.
13) The applicant shall show and label the drainage flow arrows.
14) 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) paper copy or (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 plat 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 one hundred twenty (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 one hundred twenty (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:
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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 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
map 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 21st day of August, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dithio ,m%4,
Weld County Clerk to the Board
BY:
eputy Clerk to the Board
APPR
torney
Date of signature: IQ/2-q
arbaraKi yer Chair Ler-A-
Mike Freeman, Pro-Tem
Sea, P. Conw
tt K. James
XCUSED
Steve Moreno
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
SERGIO AND EMMA VARGAS
USR19-0027
1. A Site Specific Development Plan and Use by Special Review Permit, USR19-0027, is for
any Use permitted as a Use by Right, Accessory Use or Use by Special Review Permit in
the Commercial or Industrial Zone Districts (commercial trucking business with three (3)
trucks) provided that the property is not a lot in an approved or recorded subdivision plat
or part of a map or plan filed prior to adoption of any regulations controlling subdivisions
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 twenty-four hours a day, Monday — Sunday.
4. The number of employees shall be up to six (6), as stated in the application materials.
5. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and
23-E of the Weld County Code.
6. The proposed screening on the site shall be maintained in accordance with the approved
Screening Plan.
7. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 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.
8. 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.
9. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Article I and II, of the Weld County Code.
10. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
11. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
12. Any work that may occupy and/or encroach upon any County rights -of -way or easement
shall acquire an approved Right -of -Way Use Permit prior to commencement.
13. The historical flow patterns and runoff amounts on the site will be maintained.
14. Weld County is not responsible for the maintenance of on -site drainage related features.
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15. 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. The accepted Dust and Waste Management Plan shall be adhered
to.
16. 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.
17. All potentially hazardous chemicals must be handled in a safe manner in accordance with
product labeling. All chemicals must be stored secure, on an impervious surface, and in
accordance with manufacturer's recommendations.
18. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to On -site Wastewater Treatment Systems.
19. 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.
20. For employees or contractors on site for less than two (2) consecutive hours a day, and
two (2) or less full-time employees onsite, portable toilets and bottled water are
acceptable, until the construction of the residence is completed. Records of maintenance
and proper disposal for portable toilets shall be retained on a quarterly basis and available
for review by the Weld County Department of Public Health and Environment. Portable
toilets shall be serviced by a cleaner licensed in Weld County, contain hand sanitizers and
be screened from existing, adjacent residential properties and public rights -of -way.
21. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
22. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties. Sources of light should not cause a nuisance or interfere with the use on the
adjacent properties in accordance with the map. 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.
23. 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, 2006
International Energy Code, 2017 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.
24. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
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25. 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.
26. 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.
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 person moving into these areas must
recognize the various impacts associated with this development. Often times, 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 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
2019-3716
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RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR19-0027, FOR ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (COMMERCIAL TRUCKING BUSINESS WITH THREE
(3) TRUCKS) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED
OR RECORDED SUBDIVISION PLAT OR PART OF A MAP OR PLAN FILED PRIOR
TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE
A (AGRICULTURAL) ZONE DISTRICT - SERGIO AND EMMA VARGAS
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 21st day of
August, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Sergio and Emma Vargas, 800 S. 1st Street, Kersey, Colorado 80644, for a Site
Specific Development Plan and Use by Special Review Permit, USR19-0027, for any Use
permitted as a Use by Right, Accessory Use or Use by Special Review in the Commercial or
Industrial Zone Districts (commercial trucking business with three (3) trucks) provided that the
property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior
to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, on the
following described real estate, being more particularly described as follows:
Lot A of Recorded Exemption, RECX16-0160; being
part of the E1/2 NE1/4 of Section 20, Township 4
North, Range 64 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Mark Taylor, Alles, Taylor
and Duke, LLC, 3610 35th Avenue, Unit #6, Evans, Colorado 80620, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 -- The proposed use is consistent with
Chapter 22 and any other applicable code provisions or ordinance
in effect.
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1
Section 22-2-20.G (A.Goal 7) states: "County land use regulations
should protect the individual property owner's right to request a land
use change." The trucking company works with several oil and gas
companies removing water and bringing fresh water to sites located
within the agricultural area. The small number of trucks will limit the
impacts to adjacent properties.
2) Section 22-2-80.F.2 (I.Policy 6.2) Support the use of visual and
sound barrier landscaping to screen open storage areas from
residential uses or public roads. A Screening Plan is required as a
Condition of Approval to separate the business from adjacent
properties and rights -of -way. The proposed use is in an area that
can support this development, as the required screening, the
Development Standards, and the Conditions of Approval will assist
in mitigating the impacts of the facility on the adjacent properties
and ensure compatibility with surrounding land uses and the region.
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 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. The A
(Agricultural) Zone District regulations are established to promote
the health, safety and general welfare of the present and future
residents of the C0UNTY."The parking of more than two (2) trucks
requires a Use by Special Review so that potential impacts can be
mitigated.
2) Section 23-3-40.A states: "Mineral resource development facilities
including: #2. Oil and Gas Support and Service." The trucking
business supports the oil and gas industry in Weld County, which
requires a Use by Special Review as an Oil and Gas Support and
Service facility.
C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent lands consist of
pastures, crops, and rural residences. The closest residence is about 220
feet west of the site. There are at least ten (10) residences within a half
mile of the property. The Department of Planning Services sent notice to
six (6) surrounding property owners, received correspondence from
three (3) surrounding property owners within 500 feet of the parent parcel
and one (1) more from a property outside of the notification area. The letters
outline concerns about traffic, poor visibility on County Road 44, industrial
use of the site, the access easement through the property to another
property, waste, noise, environmental impacts, and hours of operation.
There are four (4) USRs within one mile of the site: USR15-0004 for semi
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SPECIAL REVIEW PERMIT (USR19-0027) - SERGIO AND EMMA VARGAS
PAGE 3
parking and a shop, USR-1140AM for a 4,000 -head dairy, CUP -31 for a
single-family residence, and USR12-0052 fora non -1041 major facility. The
Conditions of Approval require that the applicant submit an Improvements
and Road Maintenance Agreement and and Screening Plan. The
Conditions of Approval and Development Standards will assist in mitigating
the impacts of the facility on the 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 not located within a three (3) mile referral area of
any municipality, nor is it located within any existing Intergovernmental
Agreement Area (IGA) of a municipality.
E. Section 23-2-230.6.5 -- 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, a Special Flood Hazard Area or the Airport Overlay
District. 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 proposed facility is entirely located on 3.4 acres of Irrigated Land
(Not Prime), per the 1979 Soil Conservation Service Important Farmlands
of Weld County Map and no "Prime" soils are affected by this proposal.
G. Section 23-2-230.B.7 — There is adequate provisions 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 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 Sergio and Emma Vargas, for a Site Specific
Development Plan and Use by Special Review, USR19-0027, for any Use permitted as a Use by
Right, Accessory Use or Use by Special Review Permit in the Commercial or Industrial Zone
Districts (commercial trucking business with three (3) trucks) provided that the property is not a
lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of
any regulations controlling subdivisions 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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SPECIAL REVIEW PERMIT (USR19-0027) - SERGIO AND EMMA VARGAS
PAGE 4
1 Prior to recording the plat:
A. The applicant shall attempt to address the requirements of the Central
Weld County Water District, as stated in the referral response dated May
23, 2019. Written evidence of such shall be submitted to the Weld County
Department of Planning Services.
B. The applicant shall submit a Screening Plan that screens the truck parking
area from adjacent properties.
C. A Final Drainage Report and Certification of Compliance, stamped and
signed by a Professional Engineer registered in the State of Colorado, is
required.
D. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR19-0027.
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 applicant shall delineate on the map the trash collection areas.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
5) The map shall delineate the screening in accordance with the
approved Screening Plan.
6) All signs shall be shown on the map and shall adhere to Chapter
23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of
the Weld County Code.
7) County Road 44 is a paved road and is designated on the Weld
County Functional Classification Map as a collector road which
requires 80 feet of right-of-way at full buildout. The applicant shall
delineate and label on the site map or plat the future and existing
right-of-way (along with the documents creating the existing right-
of-way) and the physical location of the road. All setbacks shall be
measured from the edge of right-of-way. This road is maintained by
Weld County.
8) The applicant shall show and label the approved access locations,
approved access width and the appropriate turning radii (60') on the
site plan. The applicant must obtain an access permit in the
approved location(s) prior to construction.
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9) The applicant shall show and label the approved tracking control on
the site plan.
10) 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.
11) The applicant shall show and label the existing 30 -foot shared
access and utility easement to provide legal access to the parcel on
the site plan.
12) The applicant shall show and label the accepted drainage features.
Stormwater ponds should be labeled as "Stormwater Detention,
No -Build or Storage Area" and shall include the calculated volume.
13) The applicant shall show and label the drainage flow arrows.
14) 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) paper copy or (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 plat 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 one hundred twenty (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 one hundred twenty (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. 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.
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5. The Use by Special Review 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
map 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 21st day of August, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO .
ATTEST: ;
Weld County Clerk to the Board
arbara Kirkmeyer Chair
Mike Freeman, Pro-Tem
eputy Clerk to the Board
County Attorney
Date of signature: Oq/ _o/1
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
SERGIO AND EMMA VARGAS
USR19-0027
1. A Site Specific Development Plan and Use by Special Review Permit, USR19-0027, is for
any Use permitted as a Use by Right, Accessory Use or Use by Special Review Permit in
the Commercial or Industrial Zone Districts (commercial trucking business with three (3)
trucks) provided that the property is not a lot in an approved or recorded subdivision plat
or part of a map or plan filed prior to adoption of any regulations controlling subdivisions
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 twenty-four hours a day, Monday — Sunday.
4. The number of employees shall be up to six (6), as stated in the application materials.
5. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and
23-E of the Weld County Code.
6. The proposed screening on the site shall be maintained in accordance with the approved
Screening Plan.
7. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 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.
8. 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.
9. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Article I and II, of the Weld County Code.
10. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
11. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
12. Any work that may occupy and/or encroach upon any County rights -of -way or easement
shall acquire an approved Right -of -Way Use Permit prior to commencement.
13. The historical flow patterns and runoff amounts on the site will be maintained.
14. Weld County is not responsible for the maintenance of on -site drainage related features.
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15. 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. The accepted Dust and Waste Management Plan shall be adhered
to.
16. 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.
17. All potentially hazardous chemicals must be handled in a safe manner in accordance with
product labeling. All chemicals must be stored secure, on an impervious surface, and in
accordance with manufacturer's recommendations.
18. The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone as delineated in C.R.S. §25-12-103
19. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to On -site Wastewater Treatment Systems.
20. 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.
21. For employees or contractors on site for less than two (2) consecutive hours a day, and
two (2) or less full-time employees onsite, portable toilets and bottled water are
acceptable, until the construction of the residence is completed. Records of maintenance
and proper disposal for portable toilets shall be retained on a quarterly basis and available
for review by the Weld County Department of Public Health and Environment. Portable
toilets shall be serviced by a cleaner licensed in Weld County, contain hand sanitizers and
be screened from existing, adjacent residential properties and public rights -of -way.
22. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
23. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties. Sources of light should not cause a nuisance or interfere with the use on the
adjacent properties in accordance with the map. 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.
24. 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, 2006
International Energy Code, 2017 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.
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25. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
26. 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.
27. 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.
28. 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 person moving into these areas must
recognize the various impacts associated with this development. Often times, 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.
29. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
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