HomeMy WebLinkAbout20183097.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0051, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY
USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (COMMERCIAL TRUCK PARKING AND STORAGE OF EQUIPMENT AND
VEHICLES) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR
RECORDED SUBDIVISION PLAT OR PART OF A MAP OR PLAN FILED PRIOR TO
ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE
A (AGRICULTURAL) ZONE DISTRICT - RAFAEL AND MARIA AGUIRRE
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 10th day of
October, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Rafael and Maria Aguirre, 11525 CR 13, Longmont, CO 80504, for a Site
Specific Development Plan and Use by Special Review Permit, USR18-0051, for a Use permitted
as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial
Zone Districts (commercial truck parking and storage of equipment and vehicles) 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 -4107; being part
of the NE1/4 of Section 1, Township 2 North, Range
68 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, the unfavorable
recommendation of Planning Staff and the favorable 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:
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A. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable Code provisions or ordinances in effect.
1) Section 22-2-10.B states: "The intent of the agricultural Goals is to
support all forms of the agricultural industry and, at the same time,
to protect the rights of the private property owners to convert their
agricultural lands to other appropriate land uses. The County
recognizes the importance of maintaining large contiguous parcels
of productive agricultural lands in nonurbanizing areas of the
County to support the economies of scale required for large
agricultural operations." The subject property has, historically,
been in a similar use.
2) Section 22-2-20.B.2 (A.Policy 2.2) states: "Allow commercial and
industrial uses, which are directly related to or dependent upon
agriculture, to locate within agricultural areas when the impact to
surrounding properties is minimal or mitigated and where adequate
services and infrastructure are currently available or reasonably
obtainable. These commercial and industrial uses should be
encouraged to locate in areas that minimize the removal of
agricultural land from production." Trucking is inherent to taking
products to market and directly related to agriculture.
3) 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." And 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 applicant
is requesting a Use by Special Review permit for parking of five (5)
semi -trailers and two (2) dump trucks. Trucking is inherent to taking
products to market and directly related to agriculture. According to
the application, no fuel storage or vehicle washing will occur on the
site. There will be maintenance performed on the trucks as
necessary. There are two businesses, West Coast Transports and
Protective Seal Coating. There is a total of seven (7) full-time
employees; West Coast Transports has three (3) employees; and,
Protective Seal Coating has four (4) employees. The property is
surrounded with a chain link fence. The site has been utilized in a
similar manner, historically, and has been condensed to a smaller
property and supportive development.
4) 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
an individual domestic well (14835) and a residential septic system
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permitted for three (3) bedrooms (SP -0500136). A portable toilet
and bottled water will be provided for employees, which is
acceptable according to the Department of Public Health and
Environment.
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 Use was present prior to
the development of the subdivision. Trucks will leave the site on
Monday and return on Friday and Saturday. The trucks will be
parked on the far western portion of the property. The trucks are
screened from Colorado Boulevard by the house and the out
buildings. The proposed Use is in an area that can support this
development and the Conditions of Approval and Development
Standards will assist in mitigating the impacts of the facility on the
adjacent properties.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.S allows for a 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 or Industrial Zone Districts (commercial truck parking and
storage of equipment and vehicles) 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. The applicant uses the semi -trailers to haul
hay, machinery, lumber, and other products to other states.
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 site has historically been used as agriculture and/or related to
agriculture. The location is not prime farm ground due to the
acreage not being conducive to farming. The attached Conditions
of Approval and Development Standards will mitigate the impacts
of the use.
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 a
Firestone park, medium -density residential, and rural residential. There are
three (3) residences within 50 feet of the site with the closest residence
located approximately twenty (20) feet south of the site. There are ten (10)
USRs within one (1) mile of this site. USR-1151 is for a 6,000 -head dairy,
and SUP -63 is for a turkey farm and both are located south of the site.
USR-1302 is for a roping arena and is located east of the site. USR-1392
is for 115KV electrical lines that circle the site from the north along the east
and to the south. USR-766 is for a sanitation facility and is located northeast
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of the site. USR-642, 616, and 1529 are all for gravel mining and are
located north of the site along the Saint Vrain River. Amended USR-1326
is for gravel mining and a batch plant is also located northeast of the site.
USR-1652 is for parking storage and is located 400 feet from the site. The
Weld County Department of Planning Services sent notice to forty-six (46)
surrounding property owners (SPOs). Planning staff received
correspondence from seven (7) SPOs within 500 feet of the parent parcel.
Two (2) of the letters are in support of this USR and five (5) of the letters
oppose this USR. The letters of opposition outline concerns about odor,
noise, lights, traffic safety, decrease in property values, and environmental
concerns. The applicant submitted a letter dated August 31, 2018, stating
they will install a fence between them and the neighbors that are adjacent
to them. The letters of support state that West Coast Transports is
respectful as to their comings and goings and warming up the trucks.
Additionally, they state that the property owner was first in the
neighborhood and that they are good neighbors and do not need to make
adjustments on how they conduct their business. This property existed prior
to the subdivision, and the Use has existed in this location since 2004. The
adjacent neighbors in attendance testified in support of the application and
there were no objectors present at either hearing. The applicant lives on
the property and is committed to directing truck traffic after hours to a
nearby truck stop as a show of compassion to neighbors.
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 a three (3) mile referral area of the
Town of Frederick and the City of Longmont. The City of Longmont
submitted referral agency comments dated June 7, 2018, stating no
concerns. And the Town of Frederick submitted referral agency comments
dated June 7, 2018, stating no concerns. The site is also located within a
three (3) mile referral area and the Intergovernmental Agreement Area
(IGA) of the Towns of Mead and Firestone. The Town of Mead submitted
a Notice of Inquiry stating that they have no interest in annexation and no
referral agency comments. The Town of Firestone submitted a Notice of
Inquiry dated May 2, 2018, stating that that the use does not appear to be
compatible with the existing single-family residential subdivision (Mountain
Shadows) right next to it; the Town of Firestone also submitted referral
agency comments dated July 30, 2018, stating that they have no concerns.
An email was sent to the Town asking for clarification and Firestone
submitted revised referral comments dated September 4, 2018, stating that
this use is not compatible with the existing single-family residential
subdivision (Mountain Shadows) right next to it. The existing use was
present prior to the subdivision and it will stay compatible with future
development and as the only concern was it may be a Change of Use and
require an Access Permit and there is a Condition of Approval to address
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this concern as it is not a Change of Use. Furthermore, there is testimony
in documentation submitted stating the Town of Firestone has no problem
issuing an Access Permit.
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 not in an Airport
Overlay District, a Geologic Hazard Overlay District, or a floodplain.
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 primarily located on soils designated as "Prime
(Irrigated)," per the 1979 Soil Conservation Service Important Farmlands
of Weld County Map. The parcel is less than three (3) acres in size and the
historical uses are residential. The location is no longer considered prime
farm ground due to the acreage not being conducive to farming.
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 ensure that
there are adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Rafael and Maria Aguirre, for a Site Specific
Development Plan and Use by Special Review Permit, USR18-0051, for a Use permitted as a
Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone
Districts (commercial truck parking and storage of equipment and vehicles) 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 attempt to address the requirements (concerns) of the
Division of Water Resources, as stated in the referral response dated
June 12, 2018. Evidence of such shall be submitted, in writing, to the Weld
County Department of Planning Services.
B. The applicant shall attempt to obtain an Access Permit from the Town of
Firestone. If a permit cannot be obtained, the existing accesses shall be
maintained, as delineated in the Town of Firestone annexation of Colorado
Boulevard.
C. The map shall be amended to delineate the following:
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1) All sheets of the map shall be labeled USR18-0051.
2) The attached Development Standards.
3) The map shall be prepared per Section 23-2-260.D of the Weld
County Code.
4) The applicant shall delineate the trash collection areas.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
5) The map shall delineate the existing landscaping/screening.
6) The map shall delineate the lighting which shall adhere to the Weld
County Code.
7) The applicant shall show the existing accesses and any future
approved Municipality of Firestone access(es) on the site plan and
label with the approved Access Permit number, if applicable.
8) The applicant shall show the drainage flow arrows.
9) The applicant shall show and label the existing 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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 10th day of October, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD; COUNTY, COLORADO
ATTEST: die/4A) V 4;ti
Weld County Clerk to the Board
BY: Q,
Deputy CIe6t to the Board
APPROVED AS TO FORM:
ASS t- County Attorney
Date of signature: \W// IY,
Stew Moreno, Chair
rbara KirkmeyerPo-Tern
can P. Conway
Mike Freeman
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
RAFAEL AND MARIA AGUIRRE
USR18-0051
1. The Site Specific Development Plan and Use by Special Review Permit, USR18-0051,
is for a Use permitted as a Use by Right, Accessory Use, or Use by Special Review in
the Commercial or Industrial Zone Districts (commercial truck parking and storage of
equipment and vehicles) 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 number of trucks shall be limited to ten (10).
4. The existing parking area on the site shall be maintained.
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 existing landscaping/screening on the site shall be maintained.
7. 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.
8. The historical flow patterns and runoff amounts on the site will be maintained.
9. 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.
10. 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.
11. 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.
12. 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.
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13. 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.
14. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to On -site Wastewater Treatment Systems.
15. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
16. Sources of light shall be shielded so that light rays 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.
17. 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.
18. 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.
19. 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.
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20. 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.
21. 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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