HomeMy WebLinkAbout20182334.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0025, FOR ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (SEMI -TRUCK PARKING FOR A WATER HAULING
BUSINESS AND FUEL STORAGE) 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 - MANUEL G. RUIZ
PRIETO, C/O RUIZ TRUCKING, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 1st day of
August, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Manuel G. Ruiz Prieto, do Ruiz Trucking, LLC, 21065 CR 47, LaSalle CO
80645, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0025,
for any Use permitted as a Use by Right, Accessory Use or Use by Special Review in the
Commercial or Industrial Zone Districts (semi -truck parking for a water hauling business and fuel
storage) 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 -3235; being part
of the SE1/4 of Section 14, Township 4 North, Range
65 West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Kelsey Bruxvoort,
AGPROfessionals, 3050 67th Avenue, Greeley, Colorado 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:
A. Section 23-2-230.6.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
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1) Section 22-2-20.G.2 (A.Policy 7.2) states: "Conversion of
agricultural land to nonurban residential, commercial and industrial
uses should be accommodated when the subject site is in an area
that can support such development, and should attempt to be
compatible with the region." The property contains a residence
which is compatible with surrounding properties. The proposed
commercial business will complement the existing uses of the
property. Productive agricultural activities are not readily supported
on this parcel because of the small lot size. Additionally, the subject
business provides a needed support service to the prolific oil and
gas activity in Weld County by hauling water used in the drilling
process.
2) Section 22-2-20.1-I (A.Goal 8) states: "Ensure that adequate
services and facilities are currently available or reasonably
obtainable to accommodate the requested new land use change for
more intensive development" Central Weld County Water District
provides water service to the property (Tap #1842). There is an
existing septic system, permit #SP -0200181, for the existing home
(21065 County Road 47) and is sized for three bedrooms. No
structures are proposed to be used for the business. The business
will be served by a portable toilet and bottled water will be provided
for employees when they are at the site.
3) Section 22-2-20.H.4 (A.Policy 8.4) states: "The land use applicants
should demonstrate that drainage providing storm water
management for the proposed land use change is adequate for the
type and style of development and meets the requirements of
county, state and federal rules and regulations." The drainage
narrative was submitted to, and reviewed by, the Department of
Public Works. The site meets exception F.1.a.8 for sites where the
development of the site does not increase the imperviousness of
the site.
B. Section 23-2-230.8.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-10 — Intent of the Agricultural Zone District 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"
2) Section 23-3-40.S — Uses by Special Review, of the Weld County
Code allows, "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
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recorded subdivision plat or part of a map or plan filed prior to
adoption of any regulations controlling subdivisions."
C. Section 23-2-230.6.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent lands consist of
farmland, rural residences, oil and gas operations and confined animal
feeding operations. There are six (6) properties immediately adjacent to the
site; four (4) with residences located on them. The applicant does not own
any other contiguous land. There is one (1) USR within one mile of this site.
SUP -202 is for an approximately 14,000 -head feedlot facility and is located
0.11 miles east of the site. There are several USRs beyond the mile radius
including mineral resources development facilities, natural gas pipelines,
dairies, gravel mining pits, and oil and gas support and service facilities.
The Weld County Department of Planning Services sent notice to seven
(7) surrounding property owners within 500 feet of the proposed USR
boundary. Planning staff received one (1) letter in opposition to this USR,
dated April 5, 2018. The letter outlined concerns with noise, dust, diesel
odor, road damage, 24 -hour vehicle activity, parking of employee vehicles,
lowering property values and incompatibility with the area. The applicant
held a neighborhood meeting on February 24, 2018, at 11:00 a.m., at their
residence. No neighbors attended the meeting. The Nuisance
Management Plan, as submitted in the application, Improvements
Agreement, Conditions of Approval and Development Standards should
adequately address these concerns. Additionally, the existing tree
screening around the perimeter of the site visually buffers the business
from surrounding property owners and the roadways.
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. This site is not located within a three (3) mile referral radius
or within an intergovernmental agreement boundary of a municipality.
E. Section 23-2-230.6.5 -- The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The site is located in the A -P
(Airport) Overlay District; however, the Greeley -Weld County Airport
referral response, dated March 22, 2018, indicated no concerns. The
property is not within the Geologic Hazard Overlay District, a Special Flood
Hazard Area or MS4 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 is located on soils designated as "Irrigated Land
(Not Prime)," per the 1979 Soil Conservation Service Important Farmlands
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of Weld County Map. The subject site is not used for agricultural purposes
and will not further remove any active farm ground from production. The
USR is located on a dry corner Recorded Exemption lot which was split
from a parent parcel with a center pivot.
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 Manuel G. Ruiz Prieto, c/o Ruiz Trucking, LLC, for a Site
Specific Development Plan and Use by Special Review Permit, USR18-0025, for any Use
permitted as a Use by Right, Accessory Use or Use by Special Review in the Commercial or
Industrial Zone Districts (semi -truck parking for a water hauling business and fuel storage)
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. The applicant shall address the requirements of the Central Weld County
Water District, as stated in the referral response dated April 19, 2018.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
B. 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.
C. The applicant shall submit a Nuisance Management Plan, for review and
approval by the Department of Planning Services.
D. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0025.
2) The attached Development Standards.
3) The map shall be prepared per Section 23-2-260.D of the Weld
County Code.
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4) The applicant shall show and label the location of the areas for the
parking of trucks and fuel storage.
5) The applicant shall show and label the location of existing buildings.
6) The applicant shall show and label the location of the trash
collection areas. Section 23-3-250.A.6 of the Weld County Code
addresses the issue of trash collection areas.
7) If applicable, signs shall be shown on the map and shall adhere to
Chapter 23, Article IV, Division 2, Section 23-2-240.A.12 and
Appendices 23-C, 23-D and 23-E of the Weld County Code.
8) If applicable, the map shall delineate the lighting. All lighting shall
be shielded so that light rays will not shine directly onto adjacent
properties.
9) If applicable, setback radiuses for existing oil and gas tank batteries
and wellheads shall be indicated on the map per the setback
requirements of Section 23-3-50.E of the Weld County Code.
10) The applicant shall show and label all recorded easements and
rights -of -way on the map by book and page number or reception
number.
11) County Road 47 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 the existing right-of-way on the site plan. All setbacks
shall be measured from the edge of the right-of-way. This road is
maintained by Weld County.
12) County Road 44 is a paved road and is designated on the Weld
County Functional Classification Map as an arterial road, which
requires 140 feet of right-of-way at full buildout. The applicant shall
delineate the future and existing right-of-way on the site plan. All
setbacks shall be measured from the edge of future right-of-way.
This road is maintained by Weld County.
13) The applicant shall show and label the approved access locations,
approved access width and the appropriate turning radii (60 feet)
on the site plan. The applicant must obtain an Access Permit in the
approved location(s) prior to construction.
14) The applicant shall show and label the approved tracking control on
the site plan.
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15) If applicable, show and label the entrance gate. An access
approach that is gated shall be designed so that the longest vehicle
(including trailers) using the access can completely 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.
16) The applicant shall show the drainage flow arrows.
17) 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) 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. The approved access and tracking control shall be constructed prior to
on -site construction. This site requires road base or recycled asphalt on all
driving surfaces for tracking control.
B. 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 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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 1st day of August, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dt1/o;ok
Weld County Clerk to the Board
County Attorney
Date of signature: °Bien
Steve Moreno, Chair
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MANUEL G. RUIZ PRIETO, C/O RUIZ TRUCKING, LLC
USR18-0025
1. The Site Specific Development Plan and Use by Special Review Permit, USR18-0025, is
for any Use permitted as a Use by Right, Accessory Use or Use by Special Review in the
Commercial or Industrial Zone Districts (semi -truck parking for a water hauling business
and fuel storage) 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 of the business are 6:00 a.m. (including start-up idling) to 8:00
p.m., seven (7) days a week. Trucks will be parked on -site 24 hours a day.
4. The number of employees shall be seven (7).
5. The number of commercial trucks shall be seven (7).
6. The parking area on the site shall be maintained.
7. 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.
8. 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.
9. The operator shall maintain compliance with the approved Nuisance Management Plan.
10. The operator shall maintain the existing landscaping/screening on the site.
11. The access on the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
12. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
13. 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.
14. The property owner shall comply with all requirements provided in the executed
Improvements Agreement.
15. The historical flow patterns and runoff amounts on the site will be maintained.
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16. 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.
17. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the Solid
Wastes Disposal Sites and Facilities Act, Section C.R.S. §30-20-100.5.
18. 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.
19. 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.
20. The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone, as delineated in C.R.S. §25-12-103.
21. Adequate drinking, handwashing and toilet facilities shall be provided for employees, at
all times. 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 and shall contain hand sanitizers.
22. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to On -site Wastewater Treatment Systems.
23. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
24. The facility shall comply with all provisions of the State Underground and Above Ground
Storage Tank Regulations.
25. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
26. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan. Neither the direct, nor reflected, light from any light
source may create a traffic hazard to operators of motor vehicles on public or private
streets. No colored lights may be used which may be confused with, or construed as,
traffic control devices.
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
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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.
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 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.
31. 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.
32. 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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