HomeMy WebLinkAbout20192389.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR19-0025, FOR ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (OFFICE, LIGHT MANUFACTURING, AND
OUTDOOR STORAGE OF VEHICLES AND EQUIPMENT) 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 -
MEADOW RIDGE HOLDINGS, 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 3rd day of
July, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Meadow Ridge Holdings, LLC, 23670 CR 22, Hudson, Colorado 80642, for a
Site Specific Development Plan and Use by Special Review Permit, USR19-0025, for any Use
permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (office, light manufacturing, and outdoor storage of vehicles and
equipment) 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, RECX17-0216; being
part of the SW1/4 of Section 10, Township 1 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Attorney Patrick Groom,
822 7th Street, Suite 760, Greeley, Colorado 80631 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:
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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 in an area that
can support this development, and landscaping and screening,
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.
B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District. 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 agriculturally -related equipment
and processing is permitted under Section 23-3-40.B, mineral
resource -related equipment and storage is permitted by
Section 23-3-40.A.2, and the office, light manufacturing, construction
equipment and storage are permitted by Section 23-3-40.S.
C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The Comprehensive Plan for the
Town of Hudson calls out the land for agriculture uses. The site is
surrounded by agricultural land on three (3) sides and the site is adjacent
to Interstate 1-76 on the east side. This provides easy access to the
interstate transportation corridors and provides justification for the
Industrial use. There are three (3) USRs within one (1) mile of the property:
SUP -354 for a gravel pit, USR17-0068 for a high-pressure natural gas line,
and AMUSR1313 for a telecommunication tower. No surrounding property
owners objected to this USR.
D. Section 23-2-230.B.4 — The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
existing zoning, and with the future development, as projected by
Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is located within the three (3) mile referral area of
the towns of Hudson and Lochbuie, and the Intergovernmental
Agreement (IGA) Area for the Town of Hudson. The IGA requires that an
applicant either have a pre -annexation agreement with the Town in place
prior to the County accepting an application for development in this area,
or that the property had been denied annexation by the Town. Meadow
Ridge Holdings, LLC, originally approached the Town with a development
proposal and annexation petition. The annexation petition was denied prior
to submittal of this application, January 16, 2019.
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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 in a Special
Flood Hazard Area, Geohazard Area, or other 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 located on approximately thirty-three (33)
acres designated as "Prime (Irrigated)," per the 1979 Soil Conservation
Service Important Farmlands of Weld County Map. The applicant intends
to farm all remaining land on the property.
G. Section 23-2-230.6.7 — 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 Meadow Ridge Holdings, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR19-0025, for any Use permitted as a
Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone
Districts (office, light manufacturing, and outdoor storage of vehicles and equipment) 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. A Final Drainage Report and Certification of Compliance, stamped and
signed by a Professional Engineer registered in the state of Colorado, is
required.
B. The applicant shall address the requirements of the Colorado Department
of Transportation, as stated in the referral response dated April 2, 2019.
Written evidence of such shall be submitted to the Weld County
Department of Planning Services.
C. The applicant shall address the requirements of the Colorado Division of
Water Resources, as stated in the referral response dated April 5, 2019.
Written evidence of such shall be submitted to the Weld County
Department of Planning Services.
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D. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR19-0025.
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 the trash collection areas on the map.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
5) The map shall delineate the lighting.
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) The map shall delineate the parking area for the vendors,
customers, and/or employees.
8) County Road 43 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 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.
9) The applicant shall show and label the approved access locations,
along with access type(s) (i.e., Agriculture, Residential,
Commercial/Industrial, and/or Oil and Gas), approved access width
and the appropriate turning radii (60 feet) on the site plan. The
applicant must obtain a new Access Permit in the approved location
prior to construction unless waived by Public Works.
10) The applicant shall show the approved Colorado Department of
Transportation (CDOT) access on the site plan and label with the
approved Access Permit number.
11) The applicant shall show and label the approved tracking control on
the site plan.
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
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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 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 and label the drainage flow arrows.
15) The applicant shall show and label the 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 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. 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. Prior to the issuance of the Certificate of Occupancy:
A. The septic system shall be reviewed by a Colorado registered professional
engineer since the proposed usage surpasses septic sizing limitations,
currently for six (6) employees. The review shalt consist of observation of
the system and a technical review describing the system's ability to handle
the proposed hydraulic load. 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
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inadequately sized or constructed, the system shall be brought into
compliance with current regulations.
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 3rd day of July, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WEED COUNTY, COLORADO
ATTEST: dalf1410 aid14);4'k'
bara Kirkmeyer,
Weld County Clerk to the Board
Mi a Freeman, ro-Tem
APP
Scotty K. James
ounty A orney
Steve Moreno
Date of signature: 07//7//
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MEADOW RIDGE HOLDINGS, LLC
USR19-0025
1. The Site Specific Development Plan and Use by Special Review Permit, USR19-0025, is
for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (office, light manufacturing, and outdoor storage
of vehicles and equipment) 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 on -site employees shall be up to twenty (20).
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. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, C.R.S. §30-20-100.5) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
7. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the Solid
Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5.
8. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions. The applicant shall operate in accordance with Chapter 14, Article I, of the
Weld County Code.
9. Fugitive dust should attempt to be confined on the property. Uses on the property should
comply with the Colorado Air Quality Commission's Air Quality Regulations.
10. Adequate drinking, handwashing, and toilet facilities shall be provided for employees and
patrons, at all times. A permanent, adequate water and sewer supply shall be provided for
drinking and sanitary purposes
11. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to On -site Wastewater Treatment Systems.
12. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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13. 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.
14. 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.
15. The vehicular access to the site shall be maintained to mitigate any impacts to the public
road, including damages and/or off -site tracking.
16. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
17. Any work that may occupy and/or encroach upon any County rights -of -way or easement
shall require an approved Right -of -Way Use Permit prior to commencement.
18. The historical flow patterns and runoff amounts on the site will be maintained.
19. Weld County is not responsible for the maintenance of on -site drainage related features.
20. Building permits may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2018 International Codes,
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.
21. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
22. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment shall be granted access onto the property at
any reasonable time in order to ensure the activities carried out on the property comply
with the Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
23. The Use by Special Review area shall be limited to the plans shown hereon and governed
by the foregoing standards and all applicable Weld County regulations. Substantial
changes from the plans or Development Standards, as shown or stated, shall require the
approval of an amendment of the Permit by the Weld County Board of County
Commissioners before such changes from the plans or Development Standards are
permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
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24. 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.
25. 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.
26. 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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