HomeMy WebLinkAbout20191293RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0111, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY
USE OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (SEMI -TRUCK PARKING), 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 - REYNALDO
RODRIGUEZ
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 10th 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 Reynaldo Rodriguez, 725 Copper Avenue, Fort Lupton, Colorado 80621, for a
Site Specific Development Plan and Use by Special Review Permit, USR18-0111, for a Use
permitted as a Use by Right, Accessory Use or Use by Special Review in the Commercial or
Industrial Zone Districts (semi -truck parking), 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 Corrected Recorded Exemption, RE -1515;
being part of the NE1/4 of Section 4, Township 1
North, Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Jessica Stonberg, Baseline
Engineering, 112 N. Rubey Drive, Golden, Colorado 80228, 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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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 property contains a residence
which is compatible with surrounding properties. The proposed
commercial business does not impact the existing uses on the
subject site or surrounding properties. Any potential nuisances to
surrounding properties will be mitigated by the Conditions of
Approval and Development Standards. 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 oil and gas industry in Weld County by
hauling sand and gravel. Furthermore, the site has direct access
onto State Highway 52 which provides adequate transportation
linkages to the greater area.
2) Section 22-2-20.H (A.Goal 8) states: "Ensure that adequate
services and facilities are currently available or reasonably
obtainable to accommodate the requested new land use change for
more intensive development." Water and septic service are
provided to the property. A full -use well provides water service to
the property (Permit # 43282-F). There is an existing septic system,
permit #SP -0000595, for the existing home (20649 Highway 52)
and is sized for three bedrooms. The trucking company employees
will be served by bottled water and portable toilet when they are at
the site. Trash will be collected onsite in a covered dumpster and
will be removed each week by a trash removal company.
3) Section 22-6-20.A (ECON.Goal 1) states: "Encourage the
expansion of existing businesses and the location of new industries
that will provide employment opportunities in the County." The
existing commercial trucking business will be relocated to this site
in order to expand operations and be located along a State
Highway, close to the area of business. Truck driving is a common
occupation in the County and this business will provide employment
opportunities in Weld County.
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. "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.
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2) Section 23-3-40.S — Uses by Special Review, of the Weld County
Code allows, "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." This Code
section allows the applicant to apply for a USR for a
commercial/industrial operation as the site is not located within a
subdivision.
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 and oil and gas operations. There are three (3)
properties immediately adjacent to the site; all with residences located on
them. The closest residence is 900 feet to the southeast, across State
Highway 52. The applicant does not own any other contiguous land. The
Weld County Department of Planning Services sent notice to five (5)
surrounding property owners within 500 feet of the proposed USR
boundary. No responses were received back. No neighborhood meeting
was held. There are three (3) USRs within one (1) mile of this site, including
USR-1477 for a second single-family dwelling; USR17-0068 for a greater
than 12 -inch high pressure natural gas pipeline; and USR-1065 for an auto
repair shop.
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. This site is located within the three (3) mile referral radius of
the Town of Hudson and the municipal boundaries are approximately 0.5
miles to the east of the site. Hudson submitted a referral response, dated
December 11, 2018, which stated no concerns with the USR request;
however, the referral does request that the property not be allowed in the
future to become a commercial junk or salvage yard. The site is located
within the Hudson Intergovernmental Agreement (IGA) boundary. As part
of the pre -application process, Hudson submitted a signed Notice of Inquiry
form stating they did not have annexation interest. The site is not located
in a Regional Urbanization Area (RUA) or Urban Growth Boundary (UGB)
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 site is not located in 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, County Facility Fee and Drainage Impact Fee Programs.
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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 located on soils designated as "Prime
(Irrigated) - Farmlands of National Importance" per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. The
subject site is not used for agricultural purposes and will not further remove
any active farm ground from production. The USR is located on a small
Recorded Exemption lot that is not suitable for farming and is utilized for a
residence.
G. Section 23-2-220.B.7 -- The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards can ensure
that there are adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Reynaldo Rodriguez, for a Site Specific Development
Plan and Use by Special Review Permit, USR18-0111, for a Use permitted as a Use by Right,
Accessory Use or Use by Special Review in the Commercial or Industrial Zone Districts
(semi -truck parking), 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. Prior to recording the map:
A. The applicant shall address the requirements of the Colorado Division of
Water Resources, regarding stormwater detention facility requirements, as
stated in the referral response dated October 19, 2018. Evidence of such
shall be submitted, in writing, to the Weld County Department of Planning
Services.
B. A Final Drainage Report and Certification of Compliance, stamped and
signed by a Professional Engineer registered in the State of Colorado, is
required.
C. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0111.
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 and employee vehicles.
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5) The applicant shall show and label the location of existing buildings.
6) The applicant shall show and label the existing landscaping and
screening.
7) The applicant shall show and label the location of the portable
toilets.
8) 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.
9) 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.
10) If applicable, the map shall delineate the lighting. All lighting shall
be shielded so that light rays will not shine directly onto adjacent
properties. 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.
11) If applicable, setback radiuses for existing oil and gas tank batteries
and wellheads shall be indicated on the map, per the setback
requirements of 23-3-50.E of the Weld County Code.
12) The applicant shall show and label the existing and future
right-of-way width for State Highway 52 with reception number and
recording date and show the approved Colorado Department of
Transportation (CDOT) access on the site plan and label with the
approved access permit number.
13) The applicant shall show and label the accepted drainage features
and drainage flow arrows. Stormwater ponds should be labeled as
"Stormwater Detention, No -Build or Storage Area" and shall include
the calculated volume.
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 map along with all other documentation required as
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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. 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. 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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 10th day of April, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COILORADO
ATTEST: . &) UGC ;ok
Weld County Clerk to the Board
BY
Deputy Clerk to the Board
APP
ttorney
Date of signature: O5ID'119
arbara Kirkmeyer,
Mike Freeman, Pro-
s
K, James
c >_c r f!:
Steve Moreno
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
REYNALDO RODRIGUEZ
USR18-0111
1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0111, 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 (semi -truck parking) 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. . Trucks will be parked onsite 24 hours a day when not in use.
4. The number of commercial trucks shall be up to ten (10).
5. The parking area on the site shall be maintained.
6. The existing landscaping and proposed screening on the site shall be maintained.
7. 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.
8. 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.
9. The historical flow patterns and runoff amounts on the site will be maintained.
10. Weld County is not responsible for the maintenance of on -site drainage related features.
11. 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.
12. 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, Section C.R.S. §30-20-100.5.
13. 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.
14. 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.
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15. Adequate drinking, hand washing, and toilet facilities shall be provided for employees, at
all times. For employees or contractors onsite 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. 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 and shall contain hand sanitizers. Portable toilets shall be screened from
existing, adjacent residential properties.
16. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to On -site Wastewater Treatment Systems.
17. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
18. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
19. 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.
20. A building permit 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, 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 registered State of Colorado engineer
shall be required or an Open Hole Inspection.
21. 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.
22. 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.
23. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development
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Standards may be reason for revocation of the Permit by the Board of County
Commissioners.
24. 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 persons 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.
25. 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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