HomeMy WebLinkAbout20191474.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR19-0001, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY
USE OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (LAND REMEDIATION BUSINESS INCLUDING A SHOP, OFFICE
TRAILER, TRUCK AND EQUIPMENT 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 -
QUOKKA INVESTMENTS COLORADO, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 24th day of
April, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Quokka Investments Colorado, LLC, 9202 Minsmere Circle, Spring, Texas
77379, for a Site Specific Development Plan and Use by Special Review Permit, USR19-0001,
for a Use permitted as a Use by Right, Accessory Use or Use by Special Review in the
Commercial or Industrial Zone Districts (land remediation business including a shop, office trailer,
truck and equipment 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:
Lot B of Recorded Exemption, RECX17-0154; being
part of the S1/2 of Section 22, Township 6 North,
Range 64 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. 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:
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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.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 use is limited to 1.5 acres of the property, with
agricultural uses expected to continue on the remaining forty-six (46)
acres.
2) Section 22-2-20.1.3 (A.Policy 9.3) states: "Consider mitigation
techniques to address incompatibility issues. Encourage techniques
and incentives, such as but not limited to clustered development and
building envelopes, to minimize impacts on surrounding agricultural
land." The access is onto a local, dirt road, but a Road Maintenance
Agreement and limits on daily traffic can mitigate damage to
infrastructure. Gravel for dust suppression, adequate screening, and
limiting noise levels will also help to limit impacts to neighbors. These
and other 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. Section 23-3-10, Intent of the
A (Agricultural) Zone District 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 allows the
applicant to apply for a Use by Special Review permit."
1) 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. PUD
development proposals shall not be permitted to use the special review
permit process to develop." This allows the applicant to apply for a
commercial use. The request is for a use that is permitted as a Use by
Right in the C-3 (Business Commercial) Zone District under
Section 23-3-230.B.13 COMMERCIAL or private PARKING LOTS.
C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The surrounding area includes
rural residential homes, agriculture, cattle grazing, oil and gas production,
and hog farms. Current USRs in the immediate area include tractor trailer
parking and maintenance (USR12-0067), hog farm (SUP -391), dairy
(USR-1340 and AMUSR-820), mineral reserve development
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(MUSR12-0016), and auto/farm equipment repair (USR-1491). Six (6)
letters in opposition of this project were received from surrounding property
owners. Neighbors cited disruption of a quiet, rural lifestyle, decrease in
property values, increase in traffic and noise, disruption of local wildlife,
incompatibility with the residential character of the neighborhood,
commercial use of prime agricultural land, not wide enough access to turn
in a semi -truck without swinging wide, dust bothering cattle, and loss of
mountain views replaced by commercial parking. These concerns have
been taken into consideration in the creation of appropriate mitigation.
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.B.5 -- The application complies with Chapter 23, Articles
V and XI, of the Weld County Code. The site is not located in a floodplain,
geohazard area, MS4 district, or 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 located on approximately one (1) acre of Prime
(Irrigated) soil, per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. The applicant intends to continue farming
the remaining forty-six (46) acres of the property.
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. An adequate Landscape and Screening Plan, limits on number of
trucks, limited commercial development envelope, 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. This recommendation is based, in part, upon a
review of the application materials submitted by the applicant, other
relevant information regarding the request, and responses from referral
entities.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Quokka Investments Colorado, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR19-0001, for a Use permitted as a
Use by Right, Accessory Use or Use by Special Review in the Commercial or Industrial Zone
Districts (land remediation business including a shop, office trailer, truck and equipment 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:
1. The Planning Commission recommendation for approval is conditional upon the
following:
A. An Improvements Agreement for road maintenance and future
improvement triggers 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.
B. Submit a Landscape and Screening Plan, including a plan for irrigation of
landscape materials.
C. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR19-0001.
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) Delineate the trash collection areas. Section 23-3-350.H of the
Weld County Code addresses the issue of trash collection areas.
5) Delineate the existing and proposed landscaping and screening
from existing residential properties and right-of-way in accordance
with Section 23-2-240.A.10.
6) Delineate the site lighting in accordance with Section 23-3-50.G and
Section 23-2-160.U.6 of the Weld County Code.
7) 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.
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8) The map shall delineate the parking area for the vendors,
customers, and employees in accordance with Appendix 23-A and
Appendix 23-B of the Weld County Code.
9) The applicant shall show and label all recorded easements on the
map by book and page number or reception number and date on
the site plan.
10) County Road 66 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 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.
11) The applicant shall show and label the approved tracking control on
the site plan (recycled asphalt or road base on all driving/parking
surfaces).
12) 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.
13) The applicant shall show and label a 30 -foot minimum access, a
minimum turning radii of 60 feet, and utility easement to provide
legal access to the parcel on the site plan, if applicable.
14) The applicant shall show and label 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.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) paper copy and one (1) electronic copy (.pdf) of the map for preliminary
approval to the Weld County Department of Planning Services. Upon approval of
the plat 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.
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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. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable format is a projected
ESRI shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD
1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North
FIPS 0501 (US Feet)....etc.). This digital file may be sent to maps@co.weld.co.us.
5. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to
on -site construction. This site requires road base or recycled asphalt on all
driving surfaces for tracking control
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
6. 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 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 24th day of April, A.D., 2019.
ATTEST: dexitis)`�;eA
Weld County Clerk to the Board
BOARD OF COUNTY CO MISSIONERS
W,I D COUNTY, CSLO'ADO
J4 A_ J/)
rbara Kirkmeyer,
air
Mike Freeman, Pro -Tern
Deputy Clerk to a Board 1'. 1 _
p Y � _Ia /��� _— i � � , AYE
(NAY)
(AYE)
Date of signature: Cv/3/IC31
Steve Moreno
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
QUOKKA INVESTMENTS COLORADO, LLC
USR19-0001
1 A Site Specific Development Plan and Use by Special Review Permit, USR19-0001, is for
a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (land remediation business including a shop, office
trailer, truck and equipment 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.
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. — 5:00 p.m., Monday — Friday.
4. The commercial operation shall be limited to 1.5 acres of the property.
5. The number of on -site, full-time employees shall be no more than two (2), as stated by the
applicant.
6. The number of drivers accessing the site shall be no more than ten (10) per day, as stated
by the applicant.
7. The number of commercial trucks parking on the site shall be limited to ten (10), as stated
by the applicant.
8. The parking area on the site shall be maintained.
9. There shall be no outdoor storage of materials or equipment.
10. There shall be no fuel storage on the site related to the USR activity.
11. There shall be no Jake brakes used on the property.
12. 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.
13. The landscaping and screening on the site shall be maintained in accordance with the
approved Landscape and Screening Plan and Section 23-2-240.A.10 of the Weld County
Code.
14. 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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15. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, C.R.S. §30-20-100.5) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
16. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the Solid
Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5.
17. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions. The applicant shall operate in accordance with Chapter 14, Article I, of the
Weld County Code.
18. Fugitive dust should attempt to be confined on the property. Uses on the property should
comply with the Colorado Air Quality Commission's Air Quality Regulations.
19. Soils shall not be stored on the site.
20. Adequate drinking, hand washing, and toilet facilities shall be provided for employees, at
all times. For employees or contractors on site for less than two (2) consecutive hours a
day, and two (2) or less full-time employees on site, portable toilets and bottled water are
acceptable. 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 residential properties
and public rights -of -way.
21. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to On -site Wastewater Treatment Systems. A permanent,
adequate water supply shall be provided for drinking and sanitary purposes.
22. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
23. 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.
24. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
25. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
26. 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.
27. The property owner shall comply with all requirements provided in the executed
Improvements Agreement.
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28. The Improvements Agreement for this site may be reviewed on an annual basis, which
may include a site visit and possible updates.
29. The historical flow patterns and runoff amounts on the site will be maintained.
30. 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,
2006 International Energy Code, and 2017 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.
31. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
32. 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.
33. 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.
34. 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.
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 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.
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36. 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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