HomeMy WebLinkAbout20193799.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR19-0034, FOR ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (SEMI -TRUCK PARKING FOR A WATER HAULING
BUSINESS AND FUEL STORAGE) 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 - RUIZ TRUCKING,
LLC, AND GLORIA KARINA RUIZ
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 28th 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 Ruiz Trucking, LLC, and Gloria Karina Ruiz, 5404 CR 23, Ft. Lupton, Colorado,
80621, for a Site Specific Development Plan and Use by Special Review Permit, USR19-0034,
for any Use permitted as a Use by Right, Accessory Use or Use by Special Review in the
Commercial or Industrial Zone Districts (semi -truck parking for a water hauling business and fuel
storage) 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:
Part of the SW1/4 of Section 1, Township 1 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Kelsey Bruxvoort,
AGPROfessionals, 3050 67th Avenue, Greeley, Colorado 80634, 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 23-2-230.6 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.
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SPECIAL REVIEW PERMIT (USR19-0034) - RUIZ TRUCKING, LLC, AND GLORIA KARINA
RUIZ
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1) Section 22-2-20.G.2 (A.Policy 7.2) states: "Conversion of
agricultural land to nonurban residential, commercial and industrial
uses should be accommodated when the subject site is in an area
that can support such development and should attempt to be
compatible with the region. "The proposed business is located in an
area that contains several other commercial businesses and the
proposed business is compatible with the existing businesses.
Productive agricultural activities are not readily supported on this
parcel because of the small lot size. Additionally, the subject
business provides a needed support service to the prolific oil and
gas activity in Weld County, by hauling water used in the drilling
process. Furthermore, this property is located directly south of State
Highway 52, which is a major corridor that supports commercial and
industrial transportation.
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, 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."
As of April 17, 2019, the date of complete application submittal, this
code section allows the applicant to apply for a Use by Special
Review permit for the subject business which is more intense than
Uses Allowed by Right.
2) Section 23-3-40.S states: "Any use permitted as a Use by Right, an
Accessory Use, or a Use by Special Review in the Commercial or
Industrial zone districts, provided that the property is not a lot in an
approved or recorded subdivision plat or lots parts of a map or plan
filed prior to adoption of any regulations controlling subdivisions."
As of April 17, 2019, the date of complete application submittal, this
code section allows the applicant to apply for a USR for a
commercial/industrial operation because the site is not located
within a subdivision or historic townsite.
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
farmland, rural residences, oil and gas operations and
commercial/industrial operations. There are four (4) parcels immediately
adjacent to the site; two (2) with residences located on them. The applicant
does not own any other contiguous land. The parcel directly west of and
adjacent to the subject USR parcel is zoned C-3 (Business Commercial)
and contains a commercial trucking and oilfield services business,
permitted by SPR12-0005. The parcel directly south of and adjacent to the
subject USR parcel contains a sawmill and retail sales of lumber and a
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SPECIAL REVIEW PERMIT (USR19-0034) — RUIZ TRUCKING, LLC, AND GLORIA KARINA
RUIZ
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furniture business, permitted by USR11-0001. There are several other
USRs within one (1) mile of this site, including an agricultural service
establishment, kennel, construction business, gravel mining and mineral
resource development facilities. The Weld County Department of Planning
Services sent notice to six (6) surrounding property owners within 500 feet
of the proposed USR boundary. Planning staff received one (1) letter in
opposition to this USR, dated May 5, 2019, from the property owner directly
to the south, which contains the sawmill business (USR11-0001). The letter
outlined concerns with drainage, improper waste disposal, gunfire, parties,
irregular hours of operation, heavy truck traffic, road damage, landscape
damage, and real property damage. It was unclear from the letter whether
these nuisances were related to the previous or current owner and whether
they were occurring on the subject USR parcel or the adjacent parcel to the
west, which is not a part of this USR. The Nuisance Management Plan, as
submitted in the application, Improvements Agreement, Conditions of
Approval and Development Standards, should adequately address any
concerns. Additionally, the existing manufactured home (proposed office)
and proposed garage are located in between the truck storage yard and
State Highway 52. While these structures do not completely screen the
operation from the traveling public, the visual breakup provided by the
structures should adequately screen the site. Additionally, the existing tree
screening on the north side of the manufactured home provides vegetative
screening.
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. Although this area is not expressly designated for industrial
uses, the site offers convenient access to State Highway 52, which is a
direct and important transportation connection in Northern Colorado.
Locating this type of USR next to a major transportation corridor minimizes
the need for trucks to drive on local roads or extensively through
agricultural lands, which supports Section 22-2-80.C and F of the Weld
County Code. This site is located within the three (3) mile referral radius of
the City of Fort Lupton. The Fort Lupton referral dated May 15, 2019,
expressed the City's interest in annexation; however, the subject parcel is
not adjacent to any annexed parcels. The site is only contiguous to Fort
Lupton municipal limits via State Highway 52, annexed by the Highway 52
Annexation No. 4, recorded December 29, 2014, reception #4071547. The
site is located within the City of Fort Lupton Coordinated Planning
Agreement boundary. During the pre -application process, the applicant
submitted a Notice of Inquiry form to the City via email dated November 27,
2018. No response was received from the City within the 21 -day
development proposal notice period, per Section 19-12-50.B of the Weld
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County Code. The site is not located in a Regional Urbanization Area
(RUA) or Urban Growth Boundary (UGB) 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 located
within the A -P (Airport) Overlay District Geologic Hazard Overlay District, a
Special Flood Hazard Area or MS4 area. Building Permits issued on the lot
will be required to adhere to the fee structure of the County -Wide Road
Impact Fee Program, 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. A small portion (northwest) of the site is designated as "Prime
(Irrigated) - Farmlands of National Importance." The majority of the site is
designated as "Other," per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. The proposed USR will not remove any
agricultural land from production. The subject site is not used for
agricultural purposes, as the 2.37 -acre parcel has existed in its current
configuration since 1965, and due to the small lot size, is not suitable for
agricultural production. Additionally, the surrounding commercial,
residential and highway land uses do not support agricultural production.
G. Section 23-2-230.8.7 — The applicant submitted a Nuisance Management
Plan in the application materials, which details how common nuisance
conditions associated with a trucking company will be addressed.
Additionally, 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. The Weld County
Environmental Health and Weld County Public Works referrals, both dated
May 16, 2019, provide additional background and advisory information
regarding designing and operating the site in conformance with the
interests of the County, public and other governmental agencies.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Ruiz Trucking, LLC, and Gloria Karina Ruiz, for a Site
Specific Development Plan and Use by Special Review, USR19-0034, for any Use permitted as
a Use by Right, Accessory Use or Use by Special Review in the Commercial or Industrial Zone
Districts (semi -truck parking for a water hauling business and fuel storage) 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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RUIZ
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1. Prior to recording the map:
A. The applicant shall attempt to address the requirements of the Colorado
Department of Transportation (CDOT) regarding access, potential highway
improvements and drainage design, as stated in the referral response
dated May 28, 2019. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
B. The applicant shall attempt to address the requirements of the Fort Lupton
Fire Protection District regarding emergency identification, access
requirements and other advisory comments, as stated in the referral
response dated June 5, 2019. Evidence of such shall be submitted, in
writing, to the Weld County Department of Planning Services.
C. As the existing On -site Wastewater Treatment System (OWTS) for the
residence (SP -0701131) will be utilized for business use, the OWTS shall
be reviewed by a Colorado registered professional engineer to determine
sizing limitations. The review shall consist of observation of the system and
a technical review describing the system's ability to handle the proposed
use. The review shall be submitted to the Environmental Health Services
Division of the Weld County Department of Public Health and Environment.
In the event the system is found to be inadequately sized for the proposed
use, the system shall be brought into compliance with current OWTS
regulations.
D. A Road Maintenance Agreement is required at this location. Road
maintenance includes, but is not limited to, dust control and damage repair
to specified haul routes.
E. A Final Drainage Report and Certification of Compliance, stamped and
signed by a Professional Engineer registered in the State of Colorado, is
required.
F. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR19-0034.
2) The attached Development Standards.
3) The map shall be prepared per Section 23-2-260.D of the Weld
County Code.
4) The applicant shall show and label the location of the areas for the
parking of trucks, trailers and fuel storage.
5) The applicant shall show and label the location of existing and
proposed buildings.
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6) The applicant shall show and label the location of the trash
collection areas. Section 23-3-250.A.6 of the Weld County Code
addresses the issue of trash collection areas.
7) If applicable, signs shall be shown on the map and shall adhere to
Chapter 23, Article IV, Division 2, Section 23-2-240.A.12 and
Appendices 23-C, 23-D and 23-E of the Weld County Code.
8) If applicable, the map shall delineate the lighting. All lighting shall
be shielded so that light rays will not shine directly onto adjacent
properties.
9) If applicable, setback radiuses for existing oil and gas tank batteries
and wellheads shall be indicated on the map per the setback
requirements of Section 23-3-50.E of the Weld County Code.
10) The applicant shall show and label all recorded easements and
rights -of -way on the map by book and page number or reception
number, including the existing ingress/egress easement, dated
July 20, 2012, and recorded June 1, 2018, reception #4403861.
State Highway 52 requires 200 feet of right-of-way at full buildout
(100 feet either side of centerline) according the CDOT referral,
dated May 28, 2019. The applicant shall delineate the future and
existing right-of-way on the site plan. All setbacks shall be
measured from the edge of the future right-of-way. This road is
maintained by CDOT.
11) County Road 23 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 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.
12) The applicant shall show and label the approved tracking control on
the site plan.
13) 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.
14) The applicant shall show the drainage flow arrows.
15) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
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2. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) paper copy or 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 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 map 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. A Weld County access permit shall be obtained.
B. The approved tracking control shall be constructed.
C. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
shall be obtained.
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.
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SPECIAL REVIEW PERMIT (USR19-0034) — RUIZ TRUCKING, LLC, AND GLORIA KARINA
RUIZ
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 28th day of August, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: datAvs) .4/L;(1
4 L; ,
Weld County Clerk to the Board t�
BY:� / V
eouty Clerk to the Board
Clerk to the Board
APPROVED AS TO FORM
/1ss4-- County Attorney
Date of signature: 09 /1O/1
EXCUSED
Barbara Kirkmeyer, Chair
Mike Freeman, Pro-Tem
EXCUSED
Sean . Conway
ott K. James
Steve Moreno
2019-3799
PL2696
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
RUIZ TRUCKING, LLC, AND GLORIA KARINA RUIZ
USR19-0034
1. The Site Specific Development Plan and Use by Special Review Permit, USR19-0034, is
for any Use permitted as a Use by Right, Accessory Use or Use by Special Review in the
Commercial or Industrial Zone Districts (semi -truck parking for a water hauling business
and fuel storage) 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 number of commercial trucks shall be up to ten (10).
4. The parking area on the site shall be maintained.
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 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.
7. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
8. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
9. 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.
10. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement.
11. The Road Maintenance Agreement for this site may be reviewed on an annual basis,
including a site visit and possible updates.
12. The historical flow patterns and runoff amounts on the site will be maintained.
13. Weld County is not responsible for the maintenance of on -site drainage related features.
14. 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.
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15. 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.
16. 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 Nuisance Management Plan shall be adhered to.
17. 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.
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, handwashing, 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. 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 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.
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. 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.
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25. 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.
26. The property owner or operator shall be responsible for complying with all 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.
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. 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 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
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