HomeMy WebLinkAbout20191389.tiffCORRECTED RESOLUTION
(Corrected to delete COA #5.A requiring an Onsite Wastewater Treatment System
prior to the issuance of the Certificate of Occupancy)
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0122, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY
USE OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (COMMERCIAL TRUCK STORAGE, AND PARKING AND STAGING),
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 - RAFAEL IBARRA
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 17th day of
April, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Rafael Ibarra, 26199 CR 52, Kersey, Colorado 80644, for a Site Specific
Development Plan and Use by Special Review Permit, USR18-0122, for a Use permitted as a
Use by Right, Accessory Use or Use by Special Review in the Commercial or Industrial Zone
Districts (commercial truck storage, and parking and staging), provided that the property is not a
lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of
any regulations controlling subdivisions in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
Lot A of Recorded Exemption, RE -1413; being part
of the SW1/4 SW1/4 of Section 28, Township 5
North, Range 64 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Sheri Lockman, Lockman
Land Consulting, LLC, 36509 CR 41, Eaton, Colorado 80615, 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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SPECIAL REVIEW PERMIT (USR18-0122) - RAFAEL IBARRA
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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 (A.Goal 7) states: "County land use regulations
should protect the individual property owner's right to request a land
use change." The applicant acquired the 4.6 -acre residential
property on November 25, 2016, with the intention of operating his
business from the property. The location is near State Highway 49
and U.S. Highway 34, travelling on paved roads to these major
traffic corridors. As the applicant provides construction services to
numerous sites in Weld County and beyond, this base of operations
affords the applicant to live, maintain, and operate his business in
close proximity to the areas he serves.
2) 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 land that Front Range
Hydro -Bandits, LLC, is proposing to convert to an industrial use is
a non -irrigated small Recorded Exemption parcel located in a rural
area south of the Town of Kersey. The Town of Kersey, in their
Notice of Inquiry (NOI) response dated November 30, 3018,
indicated that the property is not eligible for annexation at this time.
3) Section 22-2-20.1.5 (A.Policy 9.5) states: "Applications fora change
of land use in the agricultural areas should be reviewed in
accordance with all potential impacts to surrounding properties and
referral agencies. Encourage applicants to communicate with those
affected by the proposed land use change through the referral
process." The site is located within the three (3) mile referral area
of the Town of Kersey, who did not wish to annex at this time, but
requested the applicant to consider annexation, if eligible. The
property is located within the Town of Kersey secondary urban
growth area and Kersey Influence Area and is encumbered with a
future land use designation of "Undetermined Use," per the 2016
Comprehensive Plan. Local and State referral agencies were
contacted for their comments concerning this proposed facility and,
as appropriate, their comments have been included in the staff
recommendation as a Condition of Approval or a Development
Standard. Planning staff has not received any in opposition of this
application.
4) Section 22-2-100.E (C.Goal 5) states: "Minimize the
incompatibilities that occur between commercial uses and
surrounding properties." The proposed facility borders several
parcels created through the Recorded Exemption process. All
properties are on similar sized tracts of land and have residences.
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As part of the application materials, the applicant provided three (3)
letters of support from adjacent properties requesting little to no
screening of the parking area. Given the intensity of the proposal
and comment received from the Town of Kersey in the NOI
response, staff will require the outdoor storage/staging of vehicles
to be screened; a Parking Plan to address the parking location on
the property to mitigate the impacts of noise and exhaust onto
neighboring properties and as a condition of approval the site
lighting will be directed downward and away from neighboring
properties.
B. Section 23-2-230.6.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.S of the Weld County
Code lists any use permitted as a Use by Right, an Accessory Use, or a
Use by Special Review in the Commercial or Industrial Zone Districts (Front
Range Hydro Bandits, LLC, intends to provide parking, staging and storage
of the company 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 as a Use
by Special Review in the A (Agricultural) Zone District. Agriculture in the
County is considered a valuable resource which must be protected from
adverse impacts resulting from uncontrolled and undirected business,
industrial and residential land uses. 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 A (Agricultural) Zone
District regulations are established to promote the health, safety and
general welfare of the present and future residents of the County. Further,
the proposal is located within an Intergovernmental Agreement urban
growth areas and growth management areas as defined in Town of
Kersey's comprehensive plan. The applicant reached out to the Town to
discuss their land use plans, and while not eligible for annexation at this
time, there are opportunities for future annexation as started in the NOI
response.
C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The property and surrounding
areas are primarily rural residential development on tracts of land created
through the recorded exemption land use application process. There are
nine (9) property owners within 500 feet of the proposed facility with the
nearest residence located 233 feet to the east and the second residence
located 390 feet to the west. Planning staff has not received any
correspondence or telephone calls concerning this application. The Weld
County Code requires screening of all outdoor parking, storage and staging
areas associated with a commercial business, per Section 23-2-240.A.10,
for the proposed use to be compatible with the surrounding uses. The
applicant did provide several letters of support in not having screening of
the equipment and vehicles associated with the business. Should any
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lighting associated with the business be placed on the property, the lights
shall be shielded with the luminaire placed at 90 -degree to the ground
plane. The Weld County Department of Public Health and Environment has
placed a Residential Noise Limit for all business related activities on the
property as defined in C.R.S. §25-12-103. The Conditions of Approval
require that the applicant submit a Lighting Plan, as applicable, an
Improvements and Road Maintenance Agreement (for roads and traffic)
and a Screening Plan. The 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.
D. Section 23-2-230.B.4 -- The uses which will be permitted will be compatible
with future 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 a three (3) mile referral area of the Town of Kersey and is
located within the Intergovernmental Agreement Area (IGA) for the Town
of Kersey and Weld County. In the Notice of Inquiry response, dated
November 30, 2018, the Town Planner states "The property is not eligible
for annexation at this time. We would request that they consider
annexation when they are eligible for at some time in the future." As
previously stated, the 2016 Kersey Comprehensive Plan designates this
parcel of land as an undetermined use.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article XI, of the Weld County Code. The existing site is within the
County -Wide Road Impact Fee Area and the Capital Expansion Impact Fee
area. The site is not in a MS4, Special Flood Hazard, Geologic Hazard or
the Airport Overlay area. Building Permits issued on the lot will be required
to adhere to the fee structure of the County -Wide Road Impact Fee, County
Facility Fee, and Drainage Impact Fee Programs.
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 located on 4.66 acres is designated as "Irrigated
Land -- Not Prime," per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. As there is no irrigation water associated
with the proposed facility and currently no irrigation located on site, no
prime agricultural lands will be taken out of 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.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Rafael Ibarra, for a Site Specific Development Plan and
Use by Special Review Permit, USR18-0122, for a Use permitted as a Use by Right, Accessory
Use or Use by Special Review in the Commercial or Industrial Zone Districts (commercial truck
storage, and parking and staging), 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. An Improvements and Road Maintenance Agreement is required for off -site
improvements at this location. Road maintenance includes, but is not
limited to, dust control and damage repair to specified haul routes. The
Agreement shall include provisions addressing engineering requirements,
submission of collateral, and testing and approval of completed
improvements.
B. A Final Drainage Report and Certification of Compliance stamped and
signed by a Professional Engineer registered in the State of Colorado or
an acceptable Drainage Narrative is required.
C. The applicant shall address the requirements (concerns) of Central Weld
County Water District as stated in their referral dated January 4, 2019.
Written evidence of such shall be submitted to the Department of Planning
Services.
D. The traffic memorandum submitted March 26, 2019, shall be stamped by
the Traffic Engineer.
E. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0122.
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.
Section 23- 3-350.H of the Weld County Code addresses the issue
of trash collection areas.
5) County Road 52 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
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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.
6) The applicant shall show and label the approved access locations,
approved access width and the appropriate turning radii (60') on the
site plan. The applicant must obtain an access permit in the
approved location(s) prior to operation.
7) The applicant shall show and label the approved tracking control on
the site plan.
8) The applicant shall show and label the entrance gate, as applicable.
9) 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.
10) The applicant shall show and label the drainage flow arrows.
11) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one
(1) paper copy, or 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 23-2-260.0
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.
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5. 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 17th day of April, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: di:ma, a to • L
Weld County Clerk to the Board
BY:
Deputy Clerk t
APP
ount • ttorney
Date of signature: 5-2y- \c
EXCUSED
Barbara Kirkmeyer, Chair
Mike Freeman, Pro -Tern
P, Conway
Steve Moreno
2019-1389
PL2661
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
RAFAEL IBARRA
USR18-0122
1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0122, for a
Use permitted as a Use by Right, Accessory Use or Use by Special Review in the
Commercial or Industrial Zone Districts (commercial truck storage, and parking and
staging), 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 hours of operation are 5:00 a.m. to 8:00 p.m., as stated by the applicant(s)
4. Number of employees principally employed at the facility is limited to fourteen (14) persons
per day, as stated by the applicant(s).
5. The employees shall be split into two (2) shifts of seven (7) employees with arrival times
being separated by at least one (1) hour.
6. 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.
7. All existing landscaping and proposed commercial vehicle, equipment and business
materials screening shall be maintained.
8. 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.
9. 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.
10. 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.
11. 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.
12. The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone as delineated in C.R.S. §25-12-103.
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DEVELOPMENT STANDARDS (USR18-0122) — RAFAEL IBARRA
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13. Adequate drinking, handwashing and toilet facilities shall be provided for employees, at
all times. Any septic system located on the property must comply with all provisions of the
Weld County Code, pertaining to Onsite Wastewater Treatment Systems.
14. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
15. For employees or contractors on site for less than two (2) consecutive hours a day and
two (2) or less employees, portable toilets and bottled water are acceptable. Records of
maintenance and proper disposal for portable toilets shall be retained on a quarterly basis
and available for review by the Weld County Department of Public Health and
Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County and
shall contain hand sanitizers. Portable toilets must be screened from public view.
16. All potentially hazardous chemicals must be handled in a safe manner in accordance with
product labeling and in a manner, that minimizes the release of hazardous air pollutants
(HAPs) and volatile organic compounds (VOCs). All chemicals must be stored securely,
on an impervious surface, and in accordance with manufacturers' recommendations.
17. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges
in accordance with the Rules and Regulations of the Water Quality Control Commission,
and the Environmental Protection Agency.
18. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code
19. Sources of light shall be shielded so that 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.
20. 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.
21. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
22. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
23. Any work that may occupy and/or encroach upon any County rights -of -way or easement
shall acquire an approved Right -of -Way Use Permit prior to commencement.
24. The property owner shall comply with all requirements provided in the executed
Improvements Agreement.
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DEVELOPMENT STANDARDS (USR18-0122) — RAFAEL IBARRA
PAGE 3
25. The Improvements Agreement for this site may be reviewed on an annual basis, including
a site visit and possible updates.
26. The historical flow patterns and runoff amounts on the site will be maintained.
27. Weld County is not responsible for the maintenance of onsite drainage related features.
28. Building permits will be required, per Section 29-3-10 of the Weld County Code. Currently
the following has been adopted by Weld County: 2018 International Residential Code,
2018 International Building Code, 2018 International Mechanical Code, 2018 International
Plumbing Code, 2018 International Plumbing Code, 2018 International Fuel Gas Code,
2006 International Energy Conservation Code, and 2017 National Electrical Code.
29. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
30. 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.
31. 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.
32. 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.
33. 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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DEVELOPMENT STANDARDS (USR18-0122) — RAFAEL IBARRA
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34. 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.
2019-1389
PL2661
RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0122, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY
USE OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (COMMERCIAL TRUCK STORAGE, AND PARKING AND STAGING),
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 - RAFAEL IBARRA
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 17th day of
April, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Rafael Ibarra, 26199 CR 52, Kersey, Colorado 80644, for a Site Specific
Development Plan and Use by Special Review Permit, USR18-0122, for a Use permitted as a
Use by Right, Accessory Use or Use by Special Review in the Commercial or Industrial Zone
Districts (commercial truck storage, and parking and staging), provided that the property is not a
lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of
any regulations controlling subdivisions in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
Lot A of Recorded Exemption, RE -1413; being part
of the SW1/4 SW1/4 of Section 28, Township 5
North, Range 64 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Sheri Lockman, Lockman
Land Consulting, LLC, 36509 CR 41, Eaton, Colorado 80615, 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.
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PL2661
SPECIAL REVIEW PERMIT (USR18-0122) - RAFAEL IBARRA
PAGE 2
1) Section 22-2-20.G (A.Goal 7) states: "County land use regulations
should protect the individual property owner's right to request a land
use change." The applicant acquired the 4.6 -acre residential
property on November 25, 2016, with the intention of operating his
business from the property. The location is near State Highway 49
and U.S. Highway 34, travelling on paved roads to these major
traffic corridors. As the applicant provides construction services to
numerous sites in Weld County and beyond, this base of operations
affords the applicant to live, maintain, and operate his business in
close proximity to the areas he serves.
2) 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 land that Front Range
Hydro -Bandits, LLC, is proposing to convert to an industrial use is
a non -irrigated small Recorded Exemption parcel located in a rural
area south of the Town of Kersey. The Town of Kersey, in their
Notice of Inquiry (NOI) response dated November 30, 3018,
indicated that the property is not eligible for annexation at this time.
3) Section 22-2-20.1.5 (A. Policy 9.5) states: "Applications fora change
of land use in the agricultural areas should be reviewed in
accordance with all potential impacts to surrounding properties and
referral agencies. Encourage applicants to communicate with those
affected by the proposed land use change through the referral
process." The site is located within the three (3) mile referral area
of the Town of Kersey, who did not wish to annex at this time, but
requested the applicant to consider annexation, if eligible. The
property is located within the Town of Kersey secondary urban
growth area and Kersey Influence Area and is encumbered with a
future land use designation of "Undetermined Use," per the 2016
Comprehensive Plan. Local and State referral agencies were
contacted for their comments concerning this proposed facility and,
as appropriate, their comments have been included in the staff
recommendation as a Condition of Approval or a Development
Standard. Planning staff has not received any in opposition of this
application.
4) Section 22-2-100.E (C.Goal 5) states: "Minimize the
incompatibilities that occur between commercial uses and
surrounding properties." The proposed facility borders several
parcels created through the Recorded Exemption process. All
properties are on similar sized tracts of land and have residences.
As part of the application materials, the applicant provided three (3)
letters of support from adjacent properties requesting little to no
screening of the parking area. Given the intensity of the proposal
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and comment received from the Town of Kersey in the NOI
response, staff will require the outdoor storage/staging of vehicles
to be screened; a Parking Plan to address the parking location on
the property to mitigate the impacts of noise and exhaust onto
neighboring properties and as a condition of approval the site
lighting will be directed downward and away from neighboring
properties.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.S of the Weld County
Code lists any use permitted as a Use by Right, an Accessory Use, or a
Use by Special Review in the Commercial or Industrial Zone Districts (Front
Range Hydro Bandits, LLC, intends to provide parking, staging and storage
of the company 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 as a Use
by Special Review in the A (Agricultural) Zone District. Agriculture in the
County is considered a valuable resource which must be protected from
adverse impacts resulting from uncontrolled and undirected business,
industrial and residential land uses. 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 A (Agricultural) Zone
District regulations are established to promote the health, safety and
general welfare of the present and future residents of the County. Further,
the proposal is located within an Intergovernmental Agreement urban
growth areas and growth management areas as defined in Town of
Kersey's comprehensive plan. The applicant reached out to the Town to
discuss their land use plans, and while not eligible for annexation at this
time, there are opportunities for future annexation as started in the NOI
response.
C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The property and surrounding
areas are primarily rural residential development on tracts of land created
through the recorded exemption land use application process. There are
nine (9) property owners within 500 feet of the proposed facility with the
nearest residence located 233 feet to the east and the second residence
located 390 feet to the west. Planning staff has not received any
correspondence or telephone calls concerning this application. The Weld
County Code requires screening of all outdoor parking, storage and staging
areas associated with a commercial business, per Section 23-2-240.A.10,
for the proposed use to be compatible with the surrounding uses. The
applicant did provide several letters of support in not having screening of
the equipment and vehicles associated with the business. Should any
lighting associated with the business be placed on the property, the lights
shall be shielded with the luminaire placed at 90 -degree to the ground
plane. The Weld County Department of Public Health and Environment has
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placed a Residential Noise Limit for all business related activities on the
property as defined in C.R.S. §25-12-103. The Conditions of Approval
require that the applicant submit a Lighting Plan, as applicable, an
Improvements and Road Maintenance Agreement (for roads and traffic)
and a Screening Plan. The 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.
D. Section 23-2-230.6.4 -- The uses which will be permitted will be compatible
with future 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 a three (3) mile referral area of the Town of Kersey and is
located within the Intergovernmental Agreement Area (IGA) for the Town
of Kersey and Weld County. In the Notice of Inquiry response, dated
November 30, 2018, the Town Planner states "The property is not eligible
for annexation at this time. We would request that they consider
annexation when they are eligible for at some time in the future." As
previously stated, the 2016 Kersey Comprehensive Plan designates this
parcel of land as an undetermined use.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article XI, of the Weld County Code. The existing site is within the
County -Wide Road Impact Fee Area and the Capital Expansion Impact Fee
area. The site is not in a MS4, Special Flood Hazard, Geologic Hazard or
the Airport Overlay area. Building Permits issued on the lot will be required
to adhere to the fee structure of the County -Wide Road Impact Fee, County
Facility Fee, and Drainage Impact Fee Programs.
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 located on 4.66 acres is designated as "Irrigated
Land -- Not Prime," per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. As there is no irrigation water associated
with the proposed facility and currently no irrigation located on site, no
prime agricultural lands will be taken out of 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 Rafael Ibarra, for a Site Specific Development Plan and
Use by Special Review Permit, USR18-0122, for a Use permitted as a Use by Right, Accessory
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Use or Use by Special Review in the Commercial or Industrial Zone Districts (commercial truck
storage, and parking and staging), 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. An Improvements and Road Maintenance Agreement is required for off -site
improvements at this location. Road maintenance includes, but is not
limited to, dust control and damage repair to specified haul routes. The
Agreement shall include provisions addressing engineering requirements,
submission of collateral, and testing and approval of completed
improvements.
B. A Final Drainage Report and Certification of Compliance stamped and
signed by a Professional Engineer registered in the State of Colorado or
an acceptable Drainage Narrative is required.
C. The applicant shall address the requirements (concerns) of Central Weld
County Water District as stated in their referral dated January 4, 2019.
Written evidence of such shall be submitted to the Department of Planning
Services.
D. The traffic memorandum submitted March 26, 2019, shall be stamped by
the Traffic Engineer.
E. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0122.
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.
Section 23- 3-350.H of the Weld County Code addresses the issue
of trash collection areas.
5) County Road 52 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.
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6) The applicant shall show and label the approved access locations,
approved access width and the appropriate turning radii (60') on the
site plan. The applicant must obtain an access permit in the
approved location(s) prior to operation.
7) The applicant shall show and label the approved tracking control on
the site plan.
8) The applicant shall show and label the entrance gate, as applicable.
9) 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.
10) The applicant shall show and label the drainage flow arrows.
11) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one
(1) paper copy, or 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.
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5. Prior to the issuance of the Certificate of Occupancy:
A. An Onsite Wastewater Treatment System (OWTS) is required for the
proposed shop and shall be installed according to the Weld County On -Site
Wastewater Treatment System Regulations. The OWTS is required to be
designed by a Colorado Registered Professional Engineer according to the
Weld County Onsite Wastewater Treatment System 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 17th day of April, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: datir44)j o;IAWeld Counttyy Clerk to the Board
BY: Deliket
Deputy Clerk to he Board
APPTO FORM:
ttorney
Date of signature: 5- 8-I
EXCUSED
Barbara Kirkmeyer, Chair
Mike Freeman, Pro-Tem
t K. James
Steve Moreno
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
RAFAEL IBARRA
USR18-0122
1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0122, for a
Use permitted as a Use by Right, Accessory Use or Use by Special Review in the
Commercial or Industrial Zone Districts (commercial truck storage, and parking and
staging), 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 hours of operation are 5:00 a.m. to 8:00 p.m., as stated by the applicant(s).
4. Number of employees principally employed at the facility is limited to fourteen (14) persons
per day, as stated by the applicant(s).
5. The employees shall be split into two (2) shifts of seven (7) employees with arrival times
being separated by at least one (1) hour.
6. 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.
7. All existing landscaping and proposed commercial vehicle, equipment and business
materials screening shall be maintained.
8. 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.
9. 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.
10. 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.
11. 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.
12. The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone as delineated in C.R.S. §25-12-103.
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13. Adequate drinking, handwashing and toilet facilities shall be provided for employees, at
all times. Any septic system located on the property must comply with all provisions of the
Weld County Code, pertaining to Onsite Wastewater Treatment Systems.
14. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
15. For employees or contractors on site for less than two (2) consecutive hours a day and
two (2) or less employees, portable toilets and bottled water are acceptable. Records of
maintenance and proper disposal for portable toilets shall be retained on a quarterly basis
and available for review by the Weld County Department of Public Health and
Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County and
shall contain hand sanitizers. Portable toilets must be screened from public view.
16. All potentially hazardous chemicals must be handled in a safe manner in accordance with
product labeling and in a manner, that minimizes the release of hazardous air pollutants
(HAPs) and volatile organic compounds (VOCs). All chemicals must be stored securely,
on an impervious surface, and in accordance with manufacturers' recommendations.
17. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges
in accordance with the Rules and Regulations of the Water Quality Control Commission,
and the Environmental Protection Agency.
18. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code
19. Sources of light shall be shielded so that 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.
20. 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.
21. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
22. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
23. Any work that may occupy and/or encroach upon any County rights -of -way or easement
shall acquire an approved Right -of -Way Use Permit prior to commencement.
24. The property owner shall comply with all requirements provided in the executed
Improvements Agreement.
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25. The Improvements Agreement for this site may be reviewed on an annual basis, including
a site visit and possible updates.
26. The historical flow patterns and runoff amounts on the site will be maintained.
27. Weld County is not responsible for the maintenance of onsite drainage related features.
28. Building permits will be required, per Section 29-3-10 of the Weld County Code. Currently
the following has been adopted by Weld County: 2018 International Residential Code,
2018 International Building Code, 2018 International Mechanical Code, 2018 International
Plumbing Code, 2018 International Plumbing Code, 2018 International Fuel Gas Code,
2006 International Energy Conservation Code, and 2017 National Electrical Code.
29. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
30. 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.
31. 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.
32. 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.
33. 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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34. 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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