HomeMy WebLinkAbout20194048.tiffRESOLUTION
RE: APPROVE VACATION OF USE BY SPECIAL REVIEW PERMIT, USR-1447 - APRYL
AND MANUEL GALLEGOS-HERRERA
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, by Resolution dated February 25, 2004, the Board approved Use by Special
Review Permit, USR-1447, for an Oil and Gas Support and Service (hauling of water) and Semi -
Trailers and Cargo Containers Situated as Permanent Storage Units in the A (Agricultural) Zone
District for Herschel and Becky Holloway on the following described real estate, to -wit:
Lot B of Recorded Exemption, RE -2820; being part
of the NE1/4 of Section 8, Township 4 North,
Range 64 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the Board has received a request from Apryl and Manuel Gallegos -Herrera,
25868 County Road 48, Kersey, Colorado 80644, to vacate said Use by Special Review Permit,
USR-1447, and
WHEREAS, the Board of County Commissioners heard all the testimony and statements
of those present, studied the request of the applicant and the recommendations of the Department
of Planning Services staff and all of the exhibits and evidence presented in this matter and, having
been fully informed, deems it advisable to approve said vacation.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that Use by Special Review Permit, USR-1447, be, and hereby is, vacated.
4529494 Pages: 1 of 2
10/03/2019 02:53 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
PLfmn/ TP), C,PPL
tO/Oce/
2019-4048
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VACATE USR-1447 - APRYL AND MANUEL GALLEGOS-HERRERA
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 11th day of September, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLLRADO
ATTEST: dith, �'C /►•tom
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
APP' • Y` DA
arbara Kirkmeyer,/Chair
EXCUSED
Mike Freeman, Pro -Tern
tt K. James
County orney r ;_
Date of signature: OBI/2_5/i'
Steve Moreno
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10/03/2019 02:53 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
I dry .Y�!mead M:1a41�'�'i ti Ur��l Lh� �Y4rh 1101
2019-4048
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DEPARTMENT OF PLANNING SERVICES
MEMORANDUM
TO: Weld County Board of County Commissioners
FROM: Maxwell Nader, Planner
SUBJECT: Vacation of USR-1447
HEARING DATE: September 11, 2019
APPLICANT: Apryl L. and Manuel Gallegos -Herrera
LEGAL DESCRIPTION: Lot B of Recorded Exemption RE -2820; being a part of the NE4 of Section 8,
Township 4, Range 64 West of the 6th P.M., Weld County, Colorado
LOCATION: South of and adjacent to County Road 48; approximately 500 feet west of County
Road 53
PARCEL NUMBER: 1053-08-0-00-050
PARCEL SIZE: +1- 4.7 acres
ZONE DISTRICT: A (Agricultural)
NARRATIVE: The applicants have submitted a Use By Special Review Permit, USR19-0039, for a Home
Business and Second Single Family Dwelling. USR19-0039 included the following Condition of
Approval:
1.B. "USR-1447 shall be vacated prior to recording the USR map. (Department of Planning Services)"
Apryl L. and Manuel Gallegos -Herrera proceeded to request a complete vacation of USR-1447 on Lot B of
Recorded Exemption RE-2820.The vacation request letter, dated and submitted on August 7, 2019 is attached
to the memorandum.
The Department of Planning Services staff has reviewed this request and recommends that this
request be approved.
If approved, the BOCC Resolution will satisfy condition 1.B of the USR19-0039.
Vacation of USR-1447 I Herrera.
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To Whom it May Concern:
We Manuel Gallegos -Herrera and Apryl L. Herrera wish to fully vacate the existing USR (USR-1447) on
the property of 25868 County Road 48, Kersey, CO 80644.
Sincerely,
Manuel Gallegos -Herrera and Apryl L. Herrera
RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1447 FOR AN OIL AND GAS SUPPORT AND SERVICE (HAULING OF
WATER) AND SEMI -TRAILERS AND CARGO CONTAINERS SITUATED AS
PERMANENT STORAGE UNITS IN THE A (AGRICULTURAL) ZONE DISTRICT -
HERSCHEL AND BECKY HOLLOWAY
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 25th day of
February, 2004, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Herschel and Becky Holloway, 25868 Weld County Road 48, Kersey, Colorado
80644, for a Site Specific Development Plan and Use by Special Review Permit #1447 for an Oil
and Gas Support and Service (hauling of water) and Semi -Trailers and Cargo Containers Situated
as Permanent Storage Units in the A (Agricultural) Zone District on the following described real
estate, to -wit:
Lot B of Recorded Exemption #2820; being part of the
NE1/4 of Section 8, Township 4 North, Range 64
West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by Thomas Hellerich, Brega and Winters, P.C.,
5754 West 11th Street, Suite 101, Greeley, Colorado 80634-4811, at said hearing, 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 recommendations of the Weld County
Planning Commission and all of the exhibits and evidence presented in this matterand, having been
fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has shown
compliance with Section 23-2-230.B of the Weld County Code as follows:
a. Section 23-2-230.6.1-- The proposed use is consistent with Chapter 22 and
any other applicable Code provisions or ordinances in effect.
Section 22-2-60.A.1 (A.Goal 1) promotes the preservation of prime farmland
for agricultural purposes which foster the economic health and continuance
of agriculture. The proposal does not effect the productivity of the site.
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SPECIAL REVIEW PERMIT #1447 - HERSCHEL AND BECKY HOLLOWAY
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b. Section 23 -2 -230.6.2 —The proposed use is consistent with the intent of the
A (Agricultural) Zone District.
c. Section 23-2-230.6.3 --The uses which will be permitted will be compatible
with the existing surrounding land uses.
d. Section 23-2-230.6.4 -- The uses which will be permitted will be compatible
with future development of the surrounding area as permitted by the existing
zoning and with the future development as projected by Chapter 22 of the
Weld County Code and any other applicable code provisions or ordinances
in effect, or the adopted Master Plans of affected municipalities.
e. Section 23-2-230.B.5 -- The site does not lie within any Overlay Districts.
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 site is not prime agricultural land.
9.
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 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 Herschel and Becky Holloway for a Site Specific
Development Plan and Use by Special Review Permit #1447 for an Oil and Gas Support and
Service (hauling of water) and Semi -Trailers and Cargo Containers Situated as Permanent Storage
Units in the A (Agricultural) Zone District on the parcel of land described above be, and hereby is,
granted subject to the following conditions:
1. Prior to recording the plat:
A. The plat shall be labeled USR-1447.
B. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) The approved Landscape/Screening Plan.
3) The location of any approved signage.
4) Weld County Road 48 is designated on the Road Capital
Improvement Plan in the County -Wide Road Impact Fee Program,
Section 20-1-30 of the Weld County Code, as a local gravel road,
which requires 60 feet of right-of-way at full build out. There is
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SPECIAL REVIEW PERMIT #1447 - HERSCHEL AND BECKY HOLLOWAY
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presently 60 feet of right-of-way. A total of 30 feet from the centerline
of Weld County Road 48 shall be delineated right-of-way on the plat.
This road is maintained by Weld County.
5) Lot B of Recorded Exemption #2820 shall use the existing residential
access, as no additional accesses shall be granted.
C. The applicant shall submit a Landscape/Screening Plan for review and
approval, which includes the following information:
1) The applicant shall demonstrate how the proposed and existing plant
material will be irrigated.
2) The applicant shall delineate on -site lighting, including security
lighting, if applicable.
3) The applicant shall delineate the location of any proposed and
existing plant material. Existing shall be delineated as a circle with
a dot in the middle, proposed shall be delineated as a circle with a "+"
in the middle.
4) The Landscape Plan shall indicate a site for trash collection that is
sufficiently screened from adjacent public rights -of -way and adjacent
properties. These areas shall be designed and used in a manner
that will prevent trash from being scattered by wind or animals.
5) All outdoor storage shall be screened.
D. The applicant shall submit written evidence to the Department of Public
Works that one access from Weld County Road 48 has been closed.
Evidence of such shall be submitted to the Department of Planning Services.
E. The applicant shall enter into an Improvements Agreement According to
Policy Regarding Collateral for Improvements and post adequate collateral
for all required materials. The agreement and form of collateral shall be
reviewed by County staff and accepted by the Board of County
Commissioners prior to recording the plat. The improvements agreement
will not be needed if the necessary improvements are done to the
satisfaction of the Departments of Public Works and Planning Services.
F. This facility shall adhere the number of on -site parking spaces in
Appendix 23-B of the Weld County Code. The total number of on -site parking
for this facility shall be fourteen (14) spaces, of which one (1) shall be a van
accessible handicapped parking stall meeting all of the requirements as set
forth in the Americans with Disabilities Act (ADA). Further, the applicant shall
delineate curb stops for the parking spaces shown on the plat.
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SPECIAL REVIEW PERMIT #1447 - HERSCHEL AND BECKY HOLLOWAY
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G. The applicant shall address and adhere to the American with Disabilities Act
and ADA standards for this facility at all times. Non-ambulatory/Ambulatory
parking spaces shall be identified and shown on the plat. At least one space
must be van accessible. The parking spaces must be the closest possible
to the entrance. Signing will be required. Curb cuts, ramps, and other
methods of providing accessibility shall be required to reasonably attempt to
meet the requirements of this Act. Should the applicant elect to not adhere
to the previously discussed federal standards, this office requests that the
applicant outline how the proposed site design mitigates the requirements of
the American's with Disabilities Act.
H. The applicant shall address the requirements (concerns) of the Sheriff's
Office as stated in the referral response dated September 25, 2003.
Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services.
I. In the event washing of vehicles will occur on site the applicant shall ensure
that any vehicle washing area(s) shall capture all effluent and prevent
discharges from the washing of vehicles in accordance with the Rules and
Regulations of the Water Quality Control Commission, and the
Environmental Protection Agency.
J. In accordance with the Underground and Above Ground Storage Tank
Regulations (7 CCR 1101-14) a spillage retention berm shall be constructed
around the tank battery. The volume retained bythe spillage berm should be
greater than the volume of the largest tank inside the berm. Alternative
protective measures may be allowed provided they comply with the Above
Ground Storage Tank Regulations.
K. The applicant shall applyfor an Underground Injection Control (U IC) Class V
Injection Well Permit through the Environmental Protection Agency (EPA),
or provide evidence that the applicant is not subject to the EPA Class V
requirements.
L. The applicant intends to connect the proposed shop/office to the septic
system currently serving the home. The septic system shall be reviewed by
a Colorado registered professional engineer. The review shall 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 inadequately sized or constructed, the system shall be brought
into compliance with current regulations, or a separate system shall be
installed to serve the shop/office. Evidence of approval by the Weld County
Department of Public Health and Environment shall be submitted to the
Department of Planning Services.
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SPECIAL REVIEW PERMIT #1447 - HERSCHEL AND BECKY HOLLOWAY
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M. The applicant shall submit a Manure and Stormwater Management Plan to
the Weld County Department of Public Health and Environment for review
and approval. The plan should describe how manure generated on site will
be stored, managed, removed, land applied, etcetera. The plan should also
describe the fate of any stormwaterthat may come into contact with manure.
Evidence of the Weld County Department of Public Health and Environment
approval shall be submitted to the Department of Planning Services.
N. The applicant shall submit a Waste Handling Plan to the Environmental
Health Services Division of the Weld County Department of Public Health
and Environment. Evidence of approval by the Weld County Department of
Public Health and Environment shall be submitted to the Department of
Planning Services. The plan shall include at a minimum, the following:
1) A list of wastes which are expected to be generated on site (this
should include expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on
site.
3) The waste handler and facility where the waste will be disposed
(including the facility name, address, and phone number).
O. The internal circulation within the site is unclear. Future drawings shall
delineate the proposed circulation pattern.
P. The applicant shall contact the Department of Public Works to verify a safe
and adequate access for this facility.
Q. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit a
Mylar plat, along with all other documentation required as Conditions of Approval.
The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder
by the Department of Planning Services. The plat shall be prepared in accordance
with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar
plat and additional requirements shall be submitted within thirty (30) days from the
date of the Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee.
3. The Department of Planning Services respectively requests the surveyor provide a
digital copy of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo
Coverages and Arclnfo Export files format type is .e00. The preferred format for
Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to
mapseco.weld.co.us.
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SPECIAL REVIEW PERMIT #1447 - HERSCHEL AND BECKY HOLLOWAY
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4. Prior to issuance of the Certificate of Occupancy:
A. The applicant shall provide dust suppressant chemicals (magnesium
chloride or calcium chloride) on Weld County Road 48 between the
applicant's west property line and Weld County Road 53. The chemical shall
be applied no less than twice a year, or as needed and/or directed by the
Weld County Department of Public Works.
5. The Use by Special Review activity shall not occur, nor shall any Building or
Electrical Permits be issued, on the property until the Use by Special Review plat is
ready to be recorded in the office of the Weld County Clerk and Recorder.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 25th day of February, A.D., 2004.
ATTEST:
Weld County Clerk to t
Deputy Clerk to the BOir
APP
nty'At orney
S TO F
Date of signature: 3/2
BOARD OF COUNTY COMMISSIONERS
LD COUNTY,. COLORADO
Robert D. Masden, Chair
William H. Je,Pro-Tem
M.
'Z) Ce413/
Davi E. Lang
G n
-14.44
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2004-0408
PL1703
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
HERSCHEL AND BECKY HOLLOWAY
USR #1447
1. A Site Specific Development Plan and Use by Special Review Permit #1447 is for an Oil and
Gas Support and Service (hauling of water) and Semi -Trailer and Cargo Containers Situated
as Permanent Storage Units 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 applicant shall remove, handle, and stockpile manure from the livestock area in a
manner that will prevent nuisance conditions. The manure piles shall not be allowed to exist
or deteriorate to a condition that facilitates excessive odors, flies, insect pests, or pollutant
runoff. The manure storage site shall have a water -tight surface which does not permit
seepage or percolation of manure pollutants into the ground.
4. The facility shall maintain compliance with the Best Management Practices outlined in the
Confined Animal Feeding Operation (CAFO) Regulations (5 CCR 1002-19).
5. Any vehicle washing area(s) shall capture all effluent and prevent discharges from the
washing of vehicles in accordance with the Rules and Regulations of the Water Quality
Control Commission, and the Environmental Protection Agency.
6. The applicant shall comply with all provisions of the Underground and Above Ground Storage
Tank Regulations (7 CCR 1101-14).
7. All potentially hazardous chemicals must be stored and handled in a safe manner in
accordance with product labeling and in a manner that minimizes the release of hazardous
air pollutants and volatile organic compounds.
8. Any petroleum contaminated soils on the property shall be removed and disposed in
accordance with all applicable rules and regulations.
9. The facility shall be constructed and operated to ensure that contamination of soils and
groundwater does not occur.
10. All liquid and solid wastes, as defined in the Solid Wastes Disposal Sites and Facilities Act,
Section 30-20-100.5, C.R.S., shall be stored and removed forfinal disposal in a mannerthat
protects against surface and groundwater contamination.
11. 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 30-20-100.5, C.R.S.
12. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
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DEVELOPMENT STANDARDS - HERSCHEL AND BECKY HOLLOWAY (USR #1447)
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13. Animal and feed wastes, bedding, debris, and other organic wastes shall be disposed of so
that vermin infestation, odors, disease hazards, and nuisances are minimized.
14. Fugitive dust shall be controlled on this site.
15. The facility shall adhere to the maximum permissible noise levels allowed in the Light
Industrial Zone District as delineated in Section 25-12-103, C.R.S.
16. The applicant shall operate in accordance with the approved Waste Handling Plan.
17. The facility shall utilize the existing public water supply (Central Weld CountyWater District).
18. Adequate hand washing and toilet facilities shall be provided for all employees and patrons
of the facility.
19. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
20. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
21. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
22. The facility shall be operated in a manner to control flies.
23. Except for pole type structures, each building will require an engineered foundation based
on a site -specific geotechnical report or an open hole inspection performed by a Colorado
registered engineer. Engineered foundations shall be designed by a Colorado registered
engineer.
24. A Plan Review is required for each building for which a Building Permit is required.
25. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application. Currently the following has been adopted by Weld County: 2003
International Building, Mechanical, Plumbing, and Fuel Gas Codes, 2002 National Electrical
Code, and Chapter 29 of the Weld County Code.
26. Building height shall be measured in accordance with the 2003 International Building Code
for the purpose of determining the maximum building size and height for various uses and
types of construction and to determine compliance with the Bulk Requirements from
Chapter 23 of the Weld County Code. Building height shall be measured in accordance with
Chapter 23 of the Weld County Code in order to determine compliance with offset and
setback requirements. Offset and setback requirements are measured to the farthest
projection from the building.
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DEVELOPMENT STANDARDS - HERSCHEL AND BECKY HOLLOWAY (USR #1447)
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27. The applicant shall provide dust suppressant chemicals (magnesium chloride or calcium
chloride) on Weld County Road 48 between the applicant's west property line and Weld
County Road 53. The chemical shall be applied no less than twice a year, or as needed
and/or directed by the Weld County Department of Public Works.
28. The historical flow patterns and run-off amounts will be maintained on site in such a manner
that will reasonably preserve the natural character of the area and not prevent property
damage of the type generally attributed to run-off rate and velocity increases, diversions,
concentration and/or unplanned ponding of storm run-off.
29. The off-street parking spaces, including the access drive, shall be surfaced with gravel or
the equivalent, and shall be graded to prevent drainage problems.
30. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County -Wide Road Impact Fee Program.
31. The landscaping on site shall be maintained in accordance with the approved
Landscape/Screening Plan.
32. The hours of operation will be limited to 6:00 a.m. to 10:00 p.m. daily, except in the case of
public or private emergency, or to make necessary repairs to equipment. This restriction
shall not apply to operation of administrative and executive offices or repair and maintenance
facilities located on the property.
33. As indicated by the applicant, the number of employees shall be limited to twelve (12).
34. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
35. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
36. Personnel from the Weld County Government 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 Development Standards stated herein and all applicable Weld County regulations.
37. 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.
38. 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.
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