HomeMy WebLinkAbout20182843.tiffsaid Use by Special Revie
RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN
PERMIT, USR18-0023, FOR ANY USE PER
ACCESSORY USE OR USE BY SPECIAL REVIE
INDUSTRIAL ZONE DISTRICTS (TRUCK A
STORAGE FOR CONSTRUCTION BUSINE ES) P
IS NOT A LOT IN AN APPROVED OR REC RDED
A MAP OR PLAN FILED PRIOR T DOP
CONTROLLING SUBDIVISIONS IN THE (A CU
MATSON CONSTRUCTION, INC., C/O
USE BY CIAL VIEW
TE r A US Y RIGHT,
ERMIT IN COMM CIAL OR
EQUIPMEN ARKING AND
VIDED THAT TPROPERTY
SU = = ISION PLAT OR PART OF
TION ► ANY REGULATIONS
LTURAL) E DISTRICT - LES
AN
WHEREAS, the Board of County Commissioners of Weld Cou y, Colorado, pursuant to
Colorado statute and the Weld County ' ome Rule Charter, is v ted with the authority of
administering the affairs of Weld County, olorado, and
WHEREAS, the Board of County 6 'mmissioners held a p •lic hearing on the 19th day of
September, 2018, at the hour of 10:00 a. in the Chambers o: the Board, for the purpose of
hearing the application of Les Matson Const ction, Inc., P.O. B. 336668, Greeley, CO 80631,
do Brian Hartman, 2413 27th Avenue Ct., Gre- -y, CO 80634, `•r a Site Specific Development
Plan and Use by Special Review Permit, USR18-s - 3, for any se permitted as a Use by Right,
Accessory Use or Use by S. - •. in - ercial or Industrial Zone Districts
(truck and equipment parkin cons • tion businesses) provided that the property
is not a lot in an approved • division plat or part of a map or plan filed prior to
adoption of any regulations g subdivisions the A (Agricultural) Zone District, on the
following described real estat = • = g more particular , described as follows:
n
cal Review P
and stora• or
r recor• -d sub
ontro
Lot B of Recorded Exemption
part of the NW1/4 of Sectio
Range 65 West of the
Colorado
ECX17-0143; being
5, Township 5 North,
P.M., Weld County,
WHE AS, at said heari_, the applicant was present and
WHEREAS, •n 23 -230 oft e Weld County Code provides standards for review of
rmit, and
WHEREAS, the Board of ► my Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld C. Tanning Commission and all of the exhibits and evidence presented in this matter
and, - - ving bee fully informed, fir . s that this request shall be approved for the following reasons:
submitt- materials are in compliance with the application requirements of
ion 2 -260 of the Weld County Code.
opinion of the Board of County Commissioners that the applicant has
compliance with Section 23-2-230.6 of the Weld County Code as follows:
tion 23-2-230.6.1 -- That the proposal is consistent with Chapter 22 of
this Code and any other applicable code provision or ordinance in effect.
ci"()//atifHo'C (T3/sp,-) AWL/FM REP
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BRIAN HARTMAN
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1) Section 22-2-20.F.2 (A.Policy 6.2) states: "Support opportunities,
such as, but not, limited to hobby farming and home businesses, to
supplement family income and reduce living expenses for farm
families and others who prefer a rural lifestyle" The proposed
commercial activities will not impact the current agricultural use of
the land, as they will be limited to the dry area of the property.
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 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.
3) Section 22-2-100.A (C.Goal 1) states: "Promote the location of
commercial uses within municipalities, County Urban Growth
Boundary areas, Intergovernmental Agreement urban growth
areas, growth management areas as defined in municipal
comprehensive plans, the Regional Urbanization Areas, Urban
Development Nodes or where adequate services are currently
available or reasonably obtainable." This site is located within the
Kersey Intergovernmental Agreement (IGA) Area and the Town of
Kersey indicated no conflict in the signed Notice of Inquiry response
submitted with the application.
B. Section 23-2-230.B.2 -- The proposal is consistent with the intent of the
A (Agricultural) Zone District. Section 23-3-10 states, "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 attached
Conditions of Approval and Development Standards will adequately
mitigate the impacts of the use.
1) Section 23-3-40.S of the Weld County Code allows for, "Any use
permitted as a Use by Right, Accessory Use, or Use by Special
Review in the Commercial or Industrial Zone Districts, provided that
the property is not a Lot in an approved or recorded subdivision plat
or part of a map or plan filed prior to adoption of any regulations
controlling subdivisions. PUD development proposals shall not be
permitted to use the Use by Special Review permit process to
develop."
C. Section 23-2-230.B.3 -- The Uses which will be permitted will be compatible
with the existing surrounding land uses. The proposal includes using one
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roughly 7,000 -square -foot barn and approximately 3.5 acres of the ±72.8
acres for commercial purposes. The commercial area of the property is
within a quarter of a mile from the nearest residence. Within one (1) mile of
this proposed facility there are two (2) Use by Special Review Permits:
MUSR14-0006, adjacent to the site, for an oil and gas service yard, and
USR-1274 for vehicle storage and a recreation facility. Two phone calls
were received from surrounding property owners, citing dust, increased
truck traffic and the operation of a commercial business without the
necessary permits. The applicants held a neighborhood meeting on
December 19, 2017. Two (2) neighbors, residing in the home closest to the
site, and a representative from the Lower Latham Ditch Company were
present. Concerns regarding dust and truck traffic were raised by the
neighbors. The Lower Latham Ditch Company representative was
interested in increasing communication, as the Lower Latham Reservoir
access traverses the applicant's property. Lower Latham Ditch Company
did not return a referral response, so it is unclear if their concerns have
been mitigated.
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 this Code or master plans of affected municipalities. This site
is located within the Town of Kersey's Intergovernmental Agreement (IGA)
Area. In the Notice of Inquiry response submitted with the application, the
Town of Kersey stated no concerns. The site is located within the three (3)
mile Urban Growth Boundary (UGB) areas of the Cities of Evans and
Greeley and the Town of LaSalle. The Town of LaSalle, in a referral
response dated June 26, 2018, requested that as much traffic as possible
be diverted away from County Road 52 as it enters the Town of LaSalle,
with County Roads 43, 47 and 49 listed as preferred truck routes.
E. Section 23-2-230.B.5 -- The application complies with of Chapter 23
Articles V and XI of the Weld County Code. The site is located in the
Greeley -Weld Airport Overlay District. The site is not located in a floodplain
or geohazard overlay district. Building Permits issued on the lot will be
required to adhere to the fee structure of the County -Wide Road Impact
Fee, County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-230.B.6 -- The applicant has demonstrated a diligent effort to
conserve prime farmland in the locational decision for the proposed Use.
The proposed facility is located on approximately 3.5 acres of the 83 -acre
site. The soils therein are designated "Prime (Irrigated)," per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map; however,
the pivot sprinkler does not reach that part of the field where commercial
operations take place.
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G. Section 23-2-230.B.7 — The Design Standards (Section 23-2-240 of the
Weld County Code), Operation Standards (Section 23-2-250 of the 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 Les Matson Construction, Inc., c/o Brian Hartman, for a
Site Specific Development Plan and Use by Special Review Permit, USR18-0023, for any Use
permitted as a Use by Right, Accessory Use or Use by Special Review Permit in the Commercial
or Industrial Zone Districts (truck and equipment parking and storage for construction businesses)
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 USR map:
A. The applicant shall attempt to address the requirements of the Town of
LaSalle, as stated in the referral response dated June 26, 2018. Written
evidence of such shall be submitted to the Weld County Department of
Planning Services.
B. A Final Drainage Report and Certification of Compliance stamped and
signed by a Professional Engineer registered in the State of Colorado is
required.
C. The applicant shall attempt to address the requirements of Colorado Parks
and Wildlife, as stated in the referral response dated July 5, 2018. Written
evidence of such shall be submitted to the Weld County Department of
Planning Services.
D. The applicant shall submit a Landscape and Screening Plan to the Weld
County Department of Planning Services in accordance with
Section 23-2-240.A.10.
E. The USR map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0023.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
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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 existing and proposed landscaping and/or
screening from adjacent properties and right-of-way in accordance
with Section 23-2-240.A.10.
6) The map shall delineate the site lighting in coordination with
Section 23-2-10.C and Section 23-2-250.D of the Weld County
Code.
7) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code.
8) The map shall delineate the parking area for the vendors,
customers and/or employees in accordance with Appendix 23-A
and Appendix 23-B of the Weld County Code.
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) 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 on the site plan the existing right-of-way. All setbacks
shall be measured from the edge the of right-of-way. This road is
maintained by Weld County.
11) County Road 45 Section Line is shown to have 60 feet of
unmaintained section line right-of-way per the Weld County GIS
right-of-way map. The applicant shall delineate the existing
right-of-way on the site plan. All setbacks shall be measured from
the edge of the right-of-way.
12) The applicant shall show and label the approved access location at
the existing access point. The applicant must obtain an Access
Permit in the approved location(s) prior to construction.
13) The applicant shall show and label the section line right-of-way as
"CR 45 Section Line Right -of -Way, not County maintained."
14) The applicant shall show and label the entrance gate, if applicable.
An access approach that is gated shall be designed so that the
longest vehicle (including trailers) using the access can completely
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clear the traveled way when the gate is closed. In no event shall the
distance from the gate to the edge of the traveled surface be less
than 35 feet.
15) The applicant shall show and label the accepted drainage features
and drainage flow arrows. Stormwater ponds should be labeled as
"Stormwater Detention, No -Build or Storage Area" and shall include
the calculated volume.
16) 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. 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. Prior to the issuance of the Certificate of Occupancy:
A. An On -Site Wastewater Treatment System is required for the proposed
facility and shall be installed according to the Weld County On -site
Wastewater Treatment System (O.W.T.S.) Regulations. The septic system
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is required to be designed by a Colorado Registered Professional Engineer
according to the Weld County O.W.T.S. Regulations.
7. 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 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 19th day of September, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELDOUNTY, COLORADO
ATTEST: datife4) �• •11
Weld County Clerk to the Board
EXCUSED
Barbara Kirkmeyer, Pro -Tern
BY:
Steve Moreno, Chair
Sean P. C, way
APP
ountorney
ike Freeman
Date of signature: I
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LES MATSON CONSTRUCTION, INC., C/O BRIAN HARTMAN
USR18-0023
1. The Site Specific Development Plan and Use by Special Review Permit, USR18-0023, is
for any Use permitted as a Use by Right, Accessory Use or Use by Special Review Permit
in the Commercial or Industrial Zone Districts (truck and equipment parking and storage
for construction businesses) 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 24 hours per day, seven (7) days per week.
4. The number of employees shall be five (5).
5. The number of commercial vehicles shall be limited to three (3).
6. The number of cargo containers used as storage shall be limited to five (5).
7. The parking area on the site shall be maintained.
8. The number of vehicle roundtrips shall be limited to six (6) daily.
9. 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.
10. The existing landscaping/screening on the site shall be maintained in accordance with the
approved Landscape/Screening Plan.
11. 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.
12. 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.
13. 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.
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14. 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 and the accepted Waste Handling Plan.
15. 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.
16. The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone, as delineated in C.R.S. §25-12-103.
17. Adequate drinking, handwashing and toilet facilities shall be provided for employees, at
all times. For employees or contractors onsite for less than two (2) consecutive hours a
day, and two (2) or less full-time employees onsite, portable toilets and bottled water are
acceptable. Records of maintenance and proper disposal for portable toilets shall be
retained on a quarterly basis and available for review by the Weld County Department of
Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in
Weld County and shall contain hand sanitizers.
18. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to On -site Wastewater Treatment Systems.
19. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
20. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
21. 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.
22. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
23. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
24. 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.
25. The historical flow patterns and runoff amounts on the site will be maintained.
26. Weld County is not responsible for the maintenance of on -site drainage related features.
27. Building permits may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2012 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
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Geotechnical Engineering Report performed by a Colorado registered engineer shall be
required or an Open Hole Inspection.
28. 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.
29. 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.
30. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
31. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development
Standards may be reason for revocation of the Permit by the Board of County
Commissioners.
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
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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