HomeMy WebLinkAbout20183693.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0064, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY
USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (TRUCK PARKING) 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 - RUSSELL BAKER
AND GEORGIA GILMORE
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 5th 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 Russell Baker and Georgia Gilmore, 20504 CR 54, Greeley, CO 80631,
for a Site Specific Development Plan and Use by Special Review Permit, USR18-0064, for a Use
permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (truck parking) 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, RECX15-0028; being
part of the NE1/4 of Section 28, Township 5 North,
Range 65 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:
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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SPECIAL REVIEW PERMIT (USR18-0064) - RUSSELL BAKER AND GEORGIA GILMORE
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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."
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."This parcel has historically been used
as a residence with about seven (7) acres available for agricultural
activities. Productive agricultural activities are not readily supported
on this parcel due to the small lot size. Additionally, the site is one
quarter mile east of the intersection of 1st Avenue and 37th Street
[Evans]. There are a couple of properties at this intersection zoned
1-3 (Industrial) in unincorporated Weld County. The site has easy
access to major transportation routes such as U.S. Hwy 34, HWY
85, and Weld County Parkway. The site is in the South Platte
floodplain and the floodplain regulations prohibit outdoor storage
below the base flood elevation. The applicant is allowed to park
trucks on the site. The surrounding uses are rural residential with a
similar commercial use (USR-628) for repair and maintenance of
farm equipment located northwest of the site. There are also the
expected mining operations along the South Platte River. The
commercial use is compatible as long it is appropriately screened
from public right-of-way and adjacent residential uses.
3) Section 22-2-20.H (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."The existing residence is served by
the Central Weld County Water District and a residential septic
system permitted for two (2) bedrooms (SP-1500201). Bottled
water and a portable toilet will be provided for employees, which is
acceptable according to the Weld Department of Public Health and
Environment policy.
4) Section 22-2-20.H.8 (A.Policy 8.4) states: "The land use applicants
should demonstrate that drainage providing stormwater
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 and reviewed by the Department of Public
Works. The site meets exception F.1.a.8. for sites where the
development does not increase the imperviousness of the site.
5) Section 22-2-20.1 (A.Goal 9) states: "Reduce potential conflicts
between varying land uses in the conversion of traditional
agricultural lands to other land uses."The trucks will be screened
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and parked on the southern portion of the site and will be screened
by the house, shop, and quonset hut. The Latham Ditch is on the
south property line and there is vacant farm ground on the south
and west of the site. The old Evans landfill is about one-quarter mile
to the west and northeast of the site and across the street is a USR
for repair and maintenance of farm equipment. The proposed use
is in an area that can support this commercial use and the
Conditions of Approval and the Development Standards will assist
in mitigating the impacts of the facility on the adjacent properties
and ensure compatibility with surrounding land uses and the region.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.S allows Site Specific
Development Plan and Use by Special Review Permit for a Use permitted
as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial and Industrial Zone Districts (truck parking) 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.
1) Section 23-3-10 — Intent, states, in part: "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 Improvements Agreement, Conditions of Approval and
Development Standards will adequately mitigate the impacts of the
use. Additionally, the fencing around the parking area visually
buffers the operation from surrounding property owners and the
roadways.
C. Section 23-2-230.B.3 --The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent lands consist of
pastures, crops, and rural residences. The closest residence is about 300
feet north of the site. There are ten (10) Use by Special Review Permits
issued within one mile of the site. USR16-0013 for building of gates and
fences is located on the site and will be replaced by this USR, if approved.
SUP-237, for a gravel mining operation, is located southwest of the site
along the South Platte River. SUP-46, for a landfill, is located west of the
site (although obsolete now). SUP-306, for gravel mining, MUSR12-0012,
for an RV park, storage, and recreation, are all located north of the site.
USR-628, for repair and maintenance of farm equipment, is located
northwest of the site. USR-668 and USR-852, for oil and gas production
facilities, are also located northwest of the site. USR17-0019, for
commercial tree service and firewood business, and USR13-0048, for
outdoor storage and parking, are located east of the site. The Weld County
Department of Planning Services sent notice to nineteen (19) surrounding
property owners within 500 feet of the site and did not receive any
correspondence in return.
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D. Section 23-2-230.B.4 --The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
existing zoning, and with the future development as projected by
Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is located within the three (3) mile referral area of
the Town of Kersey, the City of Evans, Town of LaSalle, Town of Garden
City, and the City of Greeley. The Town of Kersey and the City of Evans
did not respond with referral agency comments, and the Town of LaSalle,
Town of Garden City, and City of Greeley referral responses, dated stated
no concerns. The site is also located within the Intergovernmental
Agreement Area (IGA) of the Town of Kersey and the City of Evans. The
Town of Kersey responded to the Notice of Inquiry (NOI) stating that they
do not wish to annex the site. The IGA with the City of Evans was only
recently established so no NOI was sent to the City on this USR.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The site is located in a
floodplain but not in the Geologic Hazard Overlay District, or in the A-P
(Airport) 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 applicants have 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 "High
Potential Dry Cropland-Prime if they become Irrigated" per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. The
proposed USR will not take any Prime (Irrigated) Farmland out of
production.
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 Russell Baker and Georgia Gilmore, for a Site Specific
Development Plan and Use by Special Review Permit, USR18-0064, for a Use permitted as a
Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone
Districts (truck parking) 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:
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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, damage repair and tracking control on County Road 54. The
Agreement shall include provisions addressing engineering requirements,
submission of collateral, and testing and approval of completed
improvements.
B. The applicant shall submit a letter requesting vacation of USR16-0013.
C. The applicant shall submit a floodplain permit (FP) for the uses on the site.
D. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0064.
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 existing screening and the
proposed fence.
5) County Road 54 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 on the site plan the future and existing right-of-way. All
setbacks shall be measured from the edge of future right-of-way.
This road is maintained by Weld County.
6) The applicant shall show and label the approved access location,
approved access width and the appropriate turning radii (60') on the
site plan.
7) The applicant shall show and label the approved tracking control on
the site plan.
8) The applicant shall show the drainage flow arrows.
9) The applicant 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
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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.
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 5th day of December, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD OUNTY, COLORADO
ATTEST: CC�� atio �,��,// - Mrj.).- �'�'^'�%--
fi.,do;(4, Stev Moreno, Chair
Weld County Clerk to the Board '
o _ n' ara Kirkmey r -Tem
BY:1))6� �Seta —.----'
Deputy Clerkto the Board •
�4 can P. C nway
APPROVED AS TO M: Pit,: '2:),r
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A
County ttorney "'N 'NL IN EXCUSED
Mike Freeman
Date of signature: !2/12/IR
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
RUSSELL BAKER AND GEORGIA GILMORE
USR18-0064
1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0064, is for
a Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial and Industrial Zone Districts (truck parking) 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 a day / 7-days a week, as stated by the applicant.
4. The maximum number of employees shall be six (6), as stated by the applicant.
5. The maximum number of trucks shall be five (5) with seven (7) trailers.
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. The existing landscaping and proposed screening on the site shall be maintained.
8. A Flood Hazard Development Permit is required for all construction or development
occurring in the floodplain or floodway as delineated on Federal Emergency Management
Agency (FEMA) FIRM Community Panel Map#08123C-1543E effective date January 20,
2016 (South Platte River Floodplain). Any development shall comply with all applicable
Weld County requirements, Colorado Water Conservation Board requirements as
described in Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA
regulations and requirements as described in 44 CFR parts 59, 60, and 65. The FEMA
definition of development is any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, mining, dredging, filling, grading,
paving, excavation, drilling operations, or storage of equipment and materials.
9. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of
any development activities, the owner should contact Weld County to determine if the
floodplain boundaries have been modified.
10. 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.
11. The access on the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off-site tracking.
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12. The use of the existing access onto County Road 54, located approximately 2,420 feet
west of County Road 43, will be allowed until an access can be legally obtained through
an agreement with the adjacent property owner or a public road is established to the west
of the property, utilizing the access designated as S-124 in the Freedom Parkway Access
Control Plan.
13. There shall be no parking or staging of vehicles on public roads. On-site parking shall be
utilized.
14. 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.
15. The property owner shall comply with all requirements provided in the executed
Improvements Agreement.
16. The Improvements Agreement for this site shall be reviewed on an annual basis, including
possible updates.
17. The historical flow patterns and runoff amounts on the site will be maintained.
18. 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.
19. 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
20. 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.
21. 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.
22. The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone as delineated in C.R.S. §25-12-103.
23. Adequate drinking, hand washing, and toilet facilities shall be provided for employees, at
all times. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
24. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to On-site Wastewater Treatment Systems.
25. 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
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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 shall be screened.
26. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
27. 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.
28. 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
Geotechnical Engineering Report performed by a Colorado registered engineer shall be
required or an Open Hole Inspection.
29. 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.
30. 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.
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
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locations are widespread throughout the County and person moving into these areas must
recognize the various impacts associated with this development. Often times, 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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