HomeMy WebLinkAbout20190122.tiffCORRECTED RESOLUTION
(Corrected to reflect the deletion of Development Standards #29 and #30)
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0089, FOR A HOME BUSINESS (PARKING OF VEHICLES
ASSOCIATED WITH A CONCRETE BUSINESS) IN THE A (AGRICULTURAL) ZONE
DISTRICT - BARRON-MELENDEZ REAL ESTATE VENTURES, LLC, CIO B&M
CONCRETE, INC.
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 9th day of
January, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Barron-Melendez Real Estate Ventures, LLC, c/o B&M Concrete, Inc., 14751
E. County Line Road, Longmont, Colorado 80504, for a Site Specific Development Plan and Use
by Special Review Permit, USR18-0089, for a Home Business (parking of vehicles associated
with a concrete business) in the A (Agricultural) Zone District, on the following described real
estate, being more particularly described as follows:
Lot 2 Lupton Meadows Land Company Map of
Division #3 Vacation and Replat Lots 1 thru 8; being
part of the NW 1/4 of Section 19, Township 2 North,
Range 66 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:
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 22-2-10.F states: "Land use policies should support a high -
quality rural character which respects the agricultural heritage and
traditional agricultural land uses of the County, as agricultural lands
are converted to other uses (excluding urban development). Rural
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character in the County includes those uses which provide rural
lifestyles, rural -based economies and opportunities to both live and
work in rural areas. The natural landscape and vegetation
predominate over the built environment. Agricultural land uses, and
development provide the visual landscapes traditionally found in
rural areas and communities." No prime farm ground will be
removed from production. A total of six (6) commercial vehicles will
be parked on the property. Of these commercial vehicles, four (4)
will be parked inside of an existing outbuilding on the site and
two (2) vehicles will be parked outside within a screened area.
2) Section 22-2-10.1.3 (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 Home Business is for parking
of commercial vehicles. Only two (2) vehicles will be parked outside
within a screened area. The remaining vehicles will be parked in an
existing outbuilding. The proposed Use is in an area that can
support this development and the existing screening, the
Conditions of Approval, and the 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 23-2-230.6.2 -- The proposed Use is consistent with the intent of
the A (Agricultural) Zone District. The following proposed uses are allowed
under: Section 23-3-40.P Weld County Code, "Home Business".
1) A home business is a Use by Special Review in the A (Agricultural)
Zone District, which is defined below: Section 23-1-90. HOME
BUSINESS: An incidental USE to the principal permitted USE for
gainful employment of the FAMILY residing on the property, where:
A) Such USE is conducted primarily within a DWELLING UNIT
or ACCESSORY STRUCTURE and principally carried on by
the FAMILY resident therein.
B) Such USE is clearly incidental and secondary to the
principal permitted USE and shall not change the character
thereof.
The employee residing onsite is a family member and has an ownership
stake in the company. Business is conducted at job sites and not on the
subject property. The business storage is screened from any neighbors or
rights -of -way. The proposed screening, limits imposed in the Conditions of
Approval (including limitations on the number of vehicles parked onsite,
limits on the hours of operation, and the Development Standards will assist
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in mitigating the impacts of the facility on the adjacent properties and
ensure compatibility with surrounding land uses and the region.
C. Section 23-2-230.B.3 -- The Uses which will be permitted will be compatible
with the existing surrounding land uses. The proposed Use is located on
an existing residential property located in the Lupton Meadows
Subdivision, which was originally platted in 1909. The boundaries of this
property were adjusted through a Resubdivision (RS -1085) in 2005. The
sizes of lots in Lupton Meadows are larger than most agricultural
subdivisions in Weld County. The outside vehicle parking area is located
approximately 500 feet to the east of County Road 25. Single family
residences are located to the north, west and southwest of the property.
Gravel mining operations are located approximately 600 feet to the
southwest (AMUSR-1394) the 600 feet to the northwest of the property
(SUP -426). Several lots in Lupton Meadows are being mined and some
lots are vacant as well. The applicant held a neighborhood meeting on
June 27, 2018, which was attended by one (1) property owner and had no
objections to this request. Staff has received no phone calls or
correspondence from surrounding property owners regarding this
application. The location of the parking area, screening requirements, limits
on the number of vehicles and limits on hours of operation will ensure
compatibility with 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. The site is located within the Fort Lupton/Weld County
Cooperative Planning Agreement boundary and the Platteville/Weld
County Cooperative Planning Agreement boundary. Prior to submittal of
the USR application, the applicant met with the City of Fort Lupton
regarding their application on July 2, 2018, and contacted the Town of
Platteville. A response was received from the Town of Platteville on
June 22, 2018, indicating no interest in annexation and that there were no
permit requirements from the Town of Platteville for this site. The site is
located within the three (3) mile referral areas of the City of Fort Lupton and
Town of Platteville. The City of Fort Lupton, in their referral comments,
dated September 26, 2018, requested that the applicant identify a total of
85 feet of right-of-way for County Road 25 as it is identified as a Collector
Road in the City Transportation Plan. The City of Fort Lupton is requesting
a Pre -Annexation Agreement with the applicant to address future
annexation and future road impacts should changes in size and load of
truck traffic occur. No referral response was received from the Town of
Platteville regarding this request. The City of Fort Lupton requests are
addressed as a Condition of Approval. The number and type of vehicles
associated with this business are limited, per the attached Development
Standards.
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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 property is not within the
Geologic Hazard Overlay District or the Airport Overlay District. The
property is entirely located within the 100 -year floodplain and future
development will require a Floodplain Development Permit. 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 38.96 acres
delineated as "Irrigated (Non -Prime) and "Prime (Irrigated)," per the 1979
Soil Conservation Service Important Farmlands of Weld County Map. The
proposed Home Business is located on areas of the property that are
already developed. This request will not remove additional cropland from
production.
G. Section 23-2-230.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 Barron-Melendez real Estate Ventures, LLC, c/o B&M
Concrete, Inc., for a Site Specific Development Plan and Use by Special Review Permit,
USR18-0089, for a Home Business (parking of vehicles associated with a concrete business) 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. Any construction in the floodplain requires a Floodplain Permit.
B. The applicant shall attempt to address the comments of the City of Fort
Lupton as stated in their referral dated September 26, 2018. Written
evidence of such shall be provided to the Department of Planning Services.
C. The applicant shall submit evidence that the noncommercial junkyard
onsite has been completely screened or removed from the property.
D. The plat shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0089.
2) The attached Development Standards.
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3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall delineate on the map the trash collection areas.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
5) The map shall delineate the screening. The parking area for the two
(2) employee vehicles shall be identified and the proposed
screening fence shall be delineated. The fence shall be either solid
fence, solid metal or vinyl and shall screen the parking area from
adjacent properties and road rights -of -way.
6) The applicant shall show the approved City of Fort Lupton
access(es) on the site plan and label with the approved Access
Permit number, if applicable.
7) The applicant shall show the drainage flow arrows.
8) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
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) The applicants shall show and label the floodplain and floodway (if
applicable) boundaries on the map. Label the floodplain boundaries
with the FEMA Flood Zone and FEMA Map Panel Number or
appropriate study.
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 plat for preliminary approval
to the Weld County Department of Planning Services. Upon approval of the plat
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 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 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
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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 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 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 9th day of January, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WEED COUNTY, CORADO
ATTEST: J„itit,A) X.4.p• tik
Weld County Clerk to the Board
BY: 1�P.inc\
Deputy Clerkqb the B Board
AP' `O . D AS
County Attorney
Date of signature: Z-13 `la
arbara Kirkmey; r, Chair
Mike Freeman, Pro-Tem
. James
! � 7Z Z�
Steve Moreno
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
BARRON-MELENDEZ REAL ESTATE VENTURES, LLC,
C/O B&M CONCRETE, INC.
USR18-0089
1. The Site Specific Development Plan and Use by Special Review Permit, USR18-0089, is
for a Home Business (parking of vehicles associated with a concrete business) 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 hours of operation are 6:00 a.m. — 7:00 p.m., Monday — Friday, and 6:00 a.m.
5:00 p.m., Saturday, as stated in the application materials.
4. The number of on -site employees shall be up to ten (10).
5. The number of trucks associated with the Home Business shall be limited to six (6) pickup
trucks as stated in the application materials.
6. A maximum of two (2) trucks associated with the Home Business shall be parked outside
at any one time.
7. The parking area on the site shall be maintained.
8. 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.
9. The landscaping/screening on the site shall be maintained.
10. 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.
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, C.R.S. §30-20-100.5.
12. 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 facility shall operate in accordance with Chapter 14, Article I, of the Weld
County Code.
13. 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.
14. The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone as delineated in C.R.S. §25-12-103.
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15. Adequate drinking, handwashing and toilet facilities shall be provided for employees, at
all times. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes. The existing well (permit No.206766) cannot be used for the business unless it
is re -permitted to allow commercial use.
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. 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, shall contain hand sanitizers, and shall be screened from adjacent
residences.
18. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
19. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
20. The historical flow patterns and runoff amounts on the site will be maintained.
21. Weld County is not responsible for the maintenance of on -site drainage related features.
22. Sources of light shall be shielded so that beams or rays of light will not shine directly onto
adjacent properties. Sources of light should not cause a nuisance or interfere with the use
on the adjacent properties in accordance with the map. Neither the direct, nor reflected,
light from any light source may create a traffic hazard to operators of motor vehicles on
public or private streets. No colored lights may be used which may be confused with, or
construed as, traffic control devices.
23. A Flood Hazard Development Permit is required for all construction or development
occurring in the floodplain or floodway as delineated on Federal Emergency Management
Agency (FEMA) FIRM Community Panel Map #08123C -1915E, effective date January 20,
2016 (South Platte River Floodplain). Any development shall comply with all applicable
Weld County requirements, Colorado Water Conservation Board requirements as
described in Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA
regulations and requirements as described in 44 CFR parts 59, 60, and 65. The FEMA
definition of development is any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, mining, dredging, filling, grading,
paving, excavation, drilling operations, or storage of equipment and materials.
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24. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of
any development activities, the owner should contact Weld County to determine if the
floodplain boundaries have been modified.
25. 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.
26. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
27. 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
28. 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.
29. 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.
30. 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.
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31. 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.
2019-0122
PL2615
RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0089, FOR A HOME BUSINESS (PARKING OF VEHICLES
ASSOCIATED WITH A CONCRETE BUSINESS) IN THE A (AGRICULTURAL) ZONE
DISTRICT - BARRON-MELENDEZ REAL ESTATE VENTURES, LLC, C/O B&M
CONCRETE, INC.
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 9th day of
January, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Barron-Melendez Real Estate Ventures, LLC, c/o B&M Concrete, Inc., 14751
E. County Line Road, Longmont, Colorado 80504, for a Site Specific Development Plan and Use
by Special Review Permit, USR18-0089, for a Home Business (parking of vehicles associated
with a concrete business) in the A (Agricultural) Zone District, on the following described real
estate, being more particularly described as follows:
Lot 2 Lupton Meadows Land Company Map of
Division #3 Vacation and Replat Lots 1 thru 8; being
part of the NW 1/4 of Section 19, Township 2 North,
Range 66 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:
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 22-2-10. F states: "Land use policies should support a high -
quality rural character which respects the agricultural heritage and
traditional agricultural land uses of the County, as agricultural lands
are converted to other uses (excluding urban development). Rural
character in the County includes those uses which provide rural
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SPECIAL REVIEW PERMIT (USR18-0089) - BARRON-MELENDEZ REAL ESTATE
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PAGE 2
lifestyles, rural -based economies and opportunities to both live and
work in rural areas. The natural landscape and vegetation
predominate over the built environment. Agricultural land uses, and
development provide the visual landscapes traditionally found in
rural areas and communities." No prime farm ground will be
removed from production. A total of six (6) commercial vehicles will
be parked on the property. Of these commercial vehicles, four (4)
will be parked inside of an existing outbuilding on the site and
two (2) vehicles will be parked outside within a screened area.
2) Section 22-2-10.1.3 (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 Home Business is for parking
of commercial vehicles. Only two (2) vehicles will be parked outside
within a screened area. The remaining vehicles will be parked in an
existing outbuilding. The proposed Use is in an area that can
support this development and the existing screening, the
Conditions of Approval, and the 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 following proposed uses are allowed
under: Section 23-3-40.P Weld County Code, "Home Business".
1) A home business is a Use by Special Review in the A (Agricultural)
Zone District, which is defined below: Section 23-1-90. HOME
BUSINESS: An incidental USE to the principal permitted USE for
gainful employment of the FAMILY residing on the property, where:
A) Such USE is conducted primarily within a DWELLING UNIT
or ACCESSORY STRUCTURE and principally carried on by
the FAMILY resident therein.
B) Such USE is clearly incidental and secondary to the
principal permitted USE and shall not change the character
thereof.
The employee residing onsite is a family member and has an ownership
stake in the company. Business is conducted at job sites and not on the
subject property. The business storage is screened from any neighbors or
rights -of -way. The proposed screening, limits imposed in the Conditions of
Approval (including limitations on the number of vehicles parked onsite,
limits on the hours of operation, and the 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.
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C. Section 23-2-230.B.3 -- The Uses which will be permitted will be compatible
with the existing surrounding land uses. The proposed Use is located on
an existing residential property located in the Lupton Meadows
Subdivision, which was originally platted in 1909. The boundaries of this
property were adjusted through a Resubdivision (RS -1085) in 2005. The
sizes of lots in Lupton Meadows are larger than most agricultural
subdivisions in Weld County. The outside vehicle parking area is located
approximately 500 feet to the east of County Road 25. Single family
residences are located to the north, west and southwest of the property.
Gravel mining operations are located approximately 600 feet to the
southwest (AMUSR-1394) the 600 feet to the northwest of the property
(SUP -426). Several lots in Lupton Meadows are being mined and some
lots are vacant as well. The applicant held a neighborhood meeting on
June 27, 2018, which was attended by one (1) property owner and had no
objections to this request. Staff has received no phone calls or
correspondence from surrounding property owners regarding this
application. The location of the parking area, screening requirements, limits
on the number of vehicles and limits on hours of operation will ensure
compatibility with existing surrounding land uses.
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 Fort Lupton/Weld County
Cooperative Planning Agreement boundary and the Platteville/Weld
County Cooperative Planning Agreement boundary. Prior to submittal of
the USR application, the applicant met with the City of Fort Lupton
regarding their application on July 2, 2018, and contacted the Town of
Platteville. A response was received from the Town of Platteville on
June 22, 2018, indicating no interest in annexation and that there were no
permit requirements from the Town of Platteville for this site. The site is
located within the three (3) mile referral areas of the City of Fort Lupton and
Town of Platteville. The City of Fort Lupton, in their referral comments,
dated September 26, 2018, requested that the applicant identify a total of
85 feet of right-of-way for County Road 25 as it is identified as a Collector
Road in the City Transportation Plan. The City of Fort Lupton is requesting
a Pre -Annexation Agreement with the applicant to address future
annexation and future road impacts should changes in size and load of
truck traffic occur. No referral response was received from the Town of
Platteville regarding this request. The City of Fort Lupton requests are
addressed as a Condition of Approval. The number and type of vehicles
associated with this business are limited, per the attached Development
Standards.
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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 property is not within the
Geologic Hazard Overlay District or the Airport Overlay District. The
property is entirely located within the 100 -year floodplain and future
development will require a Floodplain Development Permit. 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 38.96 acres
delineated as "Irrigated (Non -Prime) and "Prime (Irrigated)," per the 1979
Soil Conservation Service Important Farmlands of Weld County Map. The
proposed Home Business is located on areas of the property that are
already developed. This request will not remove additional cropland from
production.
G. Section 23-2-230.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 Barron-Melendez real Estate Ventures, LLC, do B&M
Concrete, Inc., for a Site Specific Development Plan and Use by Special Review Permit,
USR18-0089, for a Home Business (parking of vehicles associated with a concrete business) 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. Any construction in the floodplain requires a Floodplain Permit.
B. The applicant shall attempt to address the comments of the City of Fort
Lupton as stated in their referral dated September 26, 2018. Written
evidence of such shall be provided to the Department of Planning Services.
C. The applicant shall submit evidence that the noncommercial junkyard
onsite has been completely screened or removed from the property.
D. The plat shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0089.
2) The attached Development Standards.
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3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall delineate on the map the trash collection areas.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
5) The map shall delineate the screening. The parking area for the two
(2) employee vehicles shall be identified and the proposed
screening fence shall be delineated. The fence shall be either solid
fence, solid metal or vinyl and shall screen the parking area from
adjacent properties and road rights -of -way.
6) The applicant shall show the approved City of Fort Lupton
access(es) on the site plan and label with the approved Access
Permit number, if applicable.
7) The applicant shall show the drainage flow arrows.
8) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
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) The applicants shall show and label the floodplain and floodway (if
applicable) boundaries on the map. Label the floodplain boundaries
with the FEMA Flood Zone and FEMA Map Panel Number or
appropriate study.
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 plat for preliminary approval
to the Weld County Department of Planning Services. Upon approval of the plat
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 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 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.
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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 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 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 9th day of January, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WE,L,D COUNTY, COLORADO
ATTEST:
Weld County Clerk to the Board
Date of signature: 1/itoilcl
County torney
rbara Kirkmeyer Chair
rcuSL3,,_
Mike Freeman, Pro -Tern
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
BARRON-MELENDEZ REAL ESTATE VENTURES, LLC,
C/O B&M CONCRETE, INC.
USR18-0089
1. The Site Specific Development Plan and Use by Special Review Permit, USR18-0089, is
for a Home Business (parking of vehicles associated with a concrete business) 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 hours of operation are 6:00 a.m. — 7:00 p.m., Monday — Friday, and 6:00 a.m. -
5:00 p.m., Saturday, as stated in the application materials.
4. The number of on -site employees shall be up to ten (10).
5. The number of trucks associated with the Home Business shall be limited to six (6) pickup
trucks as stated in the application materials.
6. A maximum of two (2) trucks associated with the Home Business shall be parked outside
at any one time.
7. The parking area on the site shall be maintained.
8. 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.
9. The landscaping/screening on the site shall be maintained.
10. 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.
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, C.R.S. §30-20-100.5.
12. 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 facility shall operate in accordance with Chapter 14, Article I, of the Weld
County Code.
13. 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.
14. The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone as delineated in C.R.S. §25-12-103.
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15. Adequate drinking, handwashing and toilet facilities shall be provided for employees, at
all times. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes. The existing well (permit No.206766) cannot be used for the business unless it
is re -permitted to allow commercial use.
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. 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, shall contain hand sanitizers, and shall be screened from adjacent
residences.
18. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
19. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
20. The historical flow patterns and runoff amounts on the site will be maintained.
21. Weld County is not responsible for the maintenance of on -site drainage related features.
22. Sources of light shall be shielded so that beams or rays of light will not shine directly onto
adjacent properties. Sources of light should not cause a nuisance or interfere with the use
on the adjacent properties in accordance with the map. Neither the direct, nor reflected,
light from any light source may create a traffic hazard to operators of motor vehicles on
public or private streets. No colored lights may be used which may be confused with, or
construed as, traffic control devices.
23. A Flood Hazard Development Permit is required for all construction or development
occurring in the floodplain or floodway as delineated on Federal Emergency Management
Agency (FEMA) FIRM Community Panel Map #08123C -1915E, effective date January 20,
2016 (South Platte River Floodplain). Any development shall comply with all applicable
Weld County requirements, Colorado Water Conservation Board requirements as
described in Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA
regulations and requirements as described in 44 CFR parts 59, 60, and 65. The FEMA
definition of development is any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, mining, dredging, filling, grading,
paving, excavation, drilling operations, or storage of equipment and materials.
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24. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of
any development activities, the owner should contact Weld County to determine if the
floodplain boundaries have been modified.
25. 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.
26. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
27. 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
28. 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.
29. The facility shall notify the County of any revocation and/or suspension of any State -issued
permit.
30. The applicant shall notify the County upon receipt of any compliance advisory or other
notice of non-compliance of a State -issued permit, and of the outcome or disposition of
any such compliance advisory or other notice of non-compliance.
31. 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.
32. 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
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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.
33. 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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