HomeMy WebLinkAbout20184125.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0059, FOR ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (PARKING, STAGING AND STORAGE OF
COMMERCIAL VEHICLES AND EQUIPMENT AND AN OFFICE), 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- DIAN AND TRAVIS SHOCKLEY, C/O SHOCKER TRUCKING, INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 26th day of
December, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Dian and Travis Shockley, c/o Shocker Trucking, Inc., 18757 CR 55,
Kersey, Colorado 80644, for a Site Specific Development Plan and Use by Special Review Permit,
USR18-0059, for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review
in the Commercial or Industrial Zone Districts (parking, staging and storage of commercial
vehicles and equipment and an office), 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, RECX18-0129; being
part of the E1/2 NE1/4 of Section 33, Township 4
North, Range 64 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
cc: PLC tco/i P), Pc..JCHB), T;H(KS),co = H/Bc), 2018-4125
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SPECIAL REVIEW PERMIT (USR18-0059) - DIAN AND TRAVIS SHOCKLEY, CIO SHOCKER
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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 is located outside of the
Intergovernmental Agreement and Urban Growth Boundary Areas
and is not within the three (3) mile referral area of a municipality and
is located in rural Weld County on a parcel of land less than one (1)
mile from a paved road. The property is the residence and base of
operations for Shocker Trucking, Inc., and provides for parking,
staging and storage of the company vehicles and equipment.
2) 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." Ten (10) referral agencies reviewed this land use
application and three (3) offered comments that are addressed
through the Conditions of Approval and Development Standards.
3) Section 22-6-20.A (ECON.Goal 1) states: "Encourage the
expansion of existing businesses and the location of new industries
that will provide employment opportunities in the County." The
current operator utilizes a small area of the ranch to operate a small
specialized over-the-road trucking business that specializes in
oversized freight for delivery across the Country. While the
company trucks are on the road, employees, including drivers, may
park their personal vehicles on site for the duration of the trucking
job.
4) Section 22-2-100.E (C.Goal 5) states: "Minimize the
incompatibilities that occur between commercial uses and
surrounding properties."The facility is adjacent to County Road 55
and utilizes the same access to the property for the Shockley
residence and business. There are adjacent residences in the
general area, predominately to the south and west. To the north is
the DCP Marla Compressor Station, lands permitted for a dairy and
a high-pressure gas line; to the east are vacant lands and the Box
Elder Creek floodplain, all surrounding lands have oil and gas
encumbrances, including well heads and tank batteries. The
property owners sent a letter by US Mail dated May 10, 2018, to all
surrounding property owners inviting them to an open house on
May 20, 2018. There were no neighbors who responded or
attended the open house.
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B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-10 — Intent, states, in part: "The A (Agricultural) Zone
District is established to maintain and promote agriculture as an
essential feature of the County. 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." Section 23-3-30 addresses Accessory
Uses in the A (Agricultural) Zone District, Subsection 23-3-40.M
addresses Commercial Vehicles; "No additional Commercial
Vehicles are allowed, unless part of a commercial or industrial use
otherwise permitted by Subsection 23-3-40.S."
2) Section 23-3-40.S states: "Any use permitted as a Use by Right, an
Accessory Use, or a Use by Special Review in the Commercial or
Industrial zone districts(parking, staging and storage of commercial
vehicles and equipment and an office), provided that the property is
not a Lot in an approved or recorded subdivision plat or lots parts
of a map or plan filed prior to adoption of any regulations controlling
subdivisions."The property owner and applicant operate, albeit in
violation of operating without a land use permit, a small family
trucking business from the property.
C. Section 23-2-230.6.3--The Uses which will be permitted will be compatible
with the existing surrounding land uses. The facility is located adjacent to
County Road 55 and above the adjacent elevations of all surrounding land
and utilizes the same access to the property for the Shockley residence
and business. There are adjacent residences in the general area,
predominately to the south and west. To the north is the DCP Marla
Compressor Station, lands permitted for a dairy that appears to not be in
existence, and a high-pressure gas line; to the east are vacant lands and
the Box Elder Creek floodplain, all surrounding lands have oil and gas
encumbrances including well heads and tank batteries. The Weld County
Code requires 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. The site lighting
will be directed downward and away from neighboring properties. Planning
staff has not received any correspondence from surrounding property
owners or interested persons about this case.
D. Section 23-2-230.B.4--The Uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
existing zoning, and with the future development as projected by
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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 not located within three (3) miles of a municipality
or County.
E. Section 23-2-230.6.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. The existing site is not located within
the 100-year Floodplain, Airport, Geologic Hazard or MS4 areas. Building
Permits issued on the proposed lot will be required to adhere to the fee
structure of the County Facility Fee, Drainage Impact Fee, and Capital
Expansion Impact Fee Programs.
F. Section 23-2-230.6.6 --The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The proposed facility is located on approximately ten (10) acres
designated "Other Land,"per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. The site does not have irrigation water
rights, therefore, no prime farm ground will be removed from the County.
G. Section 23-2-230.6.7 — The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards 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 Dian and Travis Shockley, Shockley, c/o Shocker
Trucking, Inc., for a Site Specific Development Plan and Use by Special Review Permit,
USR18-0059, for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review
in the Commercial or Industrial Zone Districts (parking, staging and storage of commercial
vehicles and equipment and an office), 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 submit the approved and signed RECX18-0129
Recorded Exemption Plat.
B. A Road Maintenance Agreement is required. Road maintenance includes,
but is not limited to, dust control, damage repair, and future triggers.
C. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0059.
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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 show and label the location of the proposed
buildings, as applicable.
5) The applicant shall show and label the location of the truck parking,
employee parking, and equipment storage and staging areas.
6) The applicant shall delineate the trash collection areas.
7) The lighting shall be shown on the map in accordance with Section
23-3-250.B.6 of the Weld County Code.
8) The parking shall be shown on the map in accordance with Section
23-3-250.A.2 of the Weld County Code.
9) County Road 40 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.
10) County Road 55 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.
11) 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.
12) The applicant shall show and label the approved tracking control on
the site plan.
13) 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
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.
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14) The applicant shall show the drainage flow arrows.
15) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
16) The applicant shall show and label all easements with the recorded
document reception number and date on the site plan.
17) Setback radiuses for existing oil and gas tank batteries and
wellheads shall be indicated on the plat per the setback
requirements of 23-3-50.E of the Weld County Code.
2. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
B. The approved Access and Tracking Control shall be constructed prior to
on-site construction. This site requires a Tracking Control device and 100
feet of asphalt or 300 feet of asphalt for tracking control.
3. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) paper copy, or one (1) electronic copy (.pdf) of the USR 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.
4. 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.
5. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or ArcGIS
Personal GeoDataBase (MDB). The preferred format for Images is .tif (Group 4).
(Group 6 is not acceptable). This digital file may be sent to maps@co.weld.co.us.
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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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 26th day of December, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: �����` iidato;eA
Ste e Moreno, Chair
Weld County Clerk to the Board
iBrbara Kirkmeyer, ro-Tem
BY:
Deputy Cler to the Board EXCUSED
La can P. Conway
A�-PRO S_ M: �f0'
,,,t4; eraoct
J ie A. Cozad
County Attorney N1/4„,(2 ,,
` �� Mike Freeman
Date of signature: 1/2Z/l9
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DIAN AND TRAVIS SHOCKLEY,
CIO SHOCKER TRUCKING, INC.
USR18-0059
1. The Site Specific Development Plan and Use by Special Use Permit, USR18-0059, is for
any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (parking, staging and storage of commercial
vehicles and equipment and an office), 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 for the Company Office are 8:00 a.m. to 5:00 p.m., Monday through
Friday; for the over-the-road truck drivers the hours are 24 hours per day, Monday through
Friday, as stated by the applicants.
4. The number of persons employed on site shall be restricted to up to twelve (12) persons,
as stated by the applicants.
5. 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.
6. 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.
7. The access on the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off-site tracking.
8. There shall be no parking or staging of vehicles on public roads. On-site parking shall be
utilized.
9. 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.
10. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement.
11. The Road Maintenance Agreement for this site may be reviewed on an annual basis,
including possible updates.
12. If the site exceeds 4,500 square feet of gravel for the parking area, a Drainage Report and
detention pond design may be required.
13. The historical flow patterns and runoff amounts on the site will be maintained.
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14. Weld County is not responsible for the maintenance of on-site drainage related features.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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.
22. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
23. 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 Weld County Code. 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.
24. Building permits may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2018 International Codes,
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2006 International Energy Code, and 2017 National Electrical Code. A Building Permit
Application must be completed and two (2) complete sets of engineered plans bearing the
wet stamp of a Colorado registered architect or engineer must be submitted for review. A
Geotechnical Engineering Report performed by a Colorado registered engineer shall be
required or an Open Hole Inspection.
25. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
26. 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.
27. The Use by Special Review area shall be limited to the plans shown hereon and governed
by the foregoing standards and all applicable Weld County regulations. Substantial
changes from the plans or Development Standards, as shown or stated, shall require the
approval of an amendment of the Permit by the Weld County Board of County
Commissioners before such changes from the plans or Development Standards are
permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
29. The property owner or operator shall be responsible for complying with all 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.
30. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some
of the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under Title 34, of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and persons moving into these areas
must recognize the various impacts associated with this development. Oftentimes, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
31. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
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