HomeMy WebLinkAbout20172946 RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR17-0029, FOR A HOME BUSINESS (PARKING AND STAGING OF
TRUCKS, TRAILERS AND EQUIPMENT FOR A LANDSCAPE BUSINESS) IN THE
A (AGRICULTURAL) ZONE DISTRICT — LOWEL► HREE, LLC, C/O BERT GARCIA,
PRO LAWN LANDSCAPING, LLC
WHEREAS, the Board of County Commissioners of Weld '- , Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, i -- -• ith the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commis ers he • - •ub - aring on the 6th day of
September, 2017, at the hour of 10:00 a.m., in the ' iamb: •f the Bard, for the purpose of
hearing the application of Lowell Three, LLC, 407 R - - A v: #608 aithersburg, MD 20877,
do Bert Garcia, Pro Lawn Landscaping, LLC, 5212 est ee , reeley, CO 80631, for a Site
Specific Development Plan and Use by Special 'eview ' . • it, USR17-0029, for a Home
Business (parking and staging of trucks, trailers and •uipme t for a landscape business) in the
A (Agricultural) Zone District, on the foil r . -d r:al estate, being more particularly
described as follows:
Part of the SW1/4 1/4 of Section 34, Township 6
North, Range es he 6th P.M., Weld County,
Colorado
WHEREAS, at said he ing, the applic t was present, and
WHEREAS, Sec '•n 23-2- 0 of the eld County Code provides standards for review of
said Use by Special R: iew Peru'
WHEREA :oard of ounty Commissioners heard all of the testimony and
statements of the . •- • esent, stu•' d the request of the applicant and the recommendation of the
Weld County Pla •• Com ' ion and all of the exhibits and evidence presented in this matter
having been forme., finds that this request shall be approved for the following reasons:
1. Th- bmitt=: materials are in compliance with the application requirements of
do - -260 of the Weld County Code.
2. It is th 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.
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 proposed use is in an area that
can support this development and the existing screening and the
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SPECIAL REVIEW PERMIT (USR17-0029) — LOWELL THREE, LLC, C/O BERT GARCIA, PRO
LAWN PANDSCAPING
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Conditions of Approval and 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.
Development Standards are attached limiting hours of operation
and number of employees to address compatibility with the
surrounding land uses and mitigate impacts.
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."Referral agency comments have been addressed through
Conditions of Approval and Development Standards limiting hours
of operation and number of employees to address compatibility with
the surrounding land uses and mitigate impacts.
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.P of the Weld County
Code allows Home Businesses as a Use by Special Review in the
A (Agricultural) Zone District.
1) Section 23-3-10 — Intent 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."
Development Standards are attached limiting hours of operation
and number of employees to address compatibility with the
surrounding land uses and mitigate impacts. The business will be
required to adhere to the definition of Home Business as delineated
in Section 23-1-90 of the Weld County Code:
An incidental use to the principal permitted use for gainful
employment of the family residing on the property, where:
a. Such use is conducted primarily within a dwelling unit or
accessory structure and principally carried on by the family
resident therein.
b. Such use is clearly incidental and secondary to the principal
permitted use and shall not change the character thereof.
C. Section 23-2-230.B.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The property is located to the west
of three (3) single-family residences and north of and adjacent to an
existing residential subdivision located within the boundaries of the City of
Greeley. No phone calls or correspondence has been received from
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SPECIAL REVIEW PERMIT (USR17-0029) — LOWELL THREE, LLC, C/O BERT GARCIA, PRO
LAWN PANDSCAPING
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surrounding property owners in regards to this case. Development
Standards are attached limiting hours of operation and number of
employees to address compatibility with the surrounding land uses and
mitigate impacts.
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 City of Greeley. The City of Greeley referral comments, dated June 2,
2017, recommended the site meet setback and landscaping requirements
per the Weld County Code. Greeley also recommended that a sewer main
easement be shown on the USR map.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The property is not within the
Geologic Hazard Overlay District, a Special Flood Hazard Area or the
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 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 18.12 acres
delineated as "Prime if Irrigated," per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map. No additional structures or
buildings will be located on the site.
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 Lowell Three, LLC, do Bert Garcia, Pro Lawn
Landscaping, for a Site Specific Development Plan and Use by Special Review Permit,
USR17-0029, for a Home Business (parking and staging of trucks, trailers and equipment for a
landscape business) 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. All septic systems located on the property shall have the appropriate
permits from the Weld County Department of Public Health and
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Environment. The Environmental Health Division was unable to locate a
septic permit for the residence addressed as: 5212 West "F" Street. Any
existing septic system, which is not currently permitted through the Weld
County Department of Public Health and Environment, will require a
Statement of Existing and an evaluation prior to the issuance of the
required septic permit. In the event the system is found to be inadequate,
the system must be brought into compliance with current On-site
Wastewater Treatment System (OWTS) regulations.
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR17-0029.
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 delineate on the map the trash collection areas.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
5) The map shall delineate the parking area for the employees.
6) Show and label a 30-foot minimum access and utility easement to
provide legal access to the parcel on the site plan. The reception
number for the easement shall be delineated on the map.
7) The applicant shall show the drainage flow arrows.
8) West F Street is a paved road and is designated on the Weld
County Functional Classification Map as a local road which requires
60 feet of right-of-way at full buildout. The applicant shall delineate
on the site plan the existing right-of-way. All setbacks shall be
measured from the edge of right-of-way. This road is maintained by
Weld County.
9) Show and label the approved access(es) (AP17-00337), and the
appropriate turning radii (60') on the site plan.
10) 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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SPECIAL REVIEW PERMIT (USR17-0029) — LOWELL THREE, LLC, C/O BERT GARCIA, PRO
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11) Show and label all recorded easements on the map by book and
page number or reception number and date on the site plan.
2. Upon completion of Condition of Approval#1 above, the applicant shall submit one
(1) paper copy or one (1) electronic copy (.pdf) of the map for preliminary approval
to the Weld County Department of Planning Services. Upon approval of the map,
the applicant shall submit a Mylar map along with all other documentation required
as Conditions of Approval. The Mylar map shall be recorded in the office of the
Weld County Clerk and Recorder by the Department of Planning Services. The
map shall be prepared in accordance with the requirements of Section 23-2-260.D
of the Weld County Code. The Mylar map and additional requirements shall be
submitted within one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution. The applicant shall be responsible for paying
the recording fee.
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the plat 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 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. 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 plat
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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SPECIAL REVIEW PERMIT (USR17-0029) — LOWELL THREE, LLC, C/O BERT GARCIA, PRO
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 6th day of August, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COTY, COLORAD•
ATTEST: datif44) uld4;eA, )1/4 Qç54L
ie A. Cozad, Chair
Weld County Clerk to the Board
Steve Moreno, Pro-Tern
BY' '
y Clerk to the Board
s.can P. Conway
,N.N�
APPROVED AS TO FOR �•
/ �% $ W'• - Freeman
unty Attorne ,�. irT • i,.' `
� •
f)� =arbara Kirkmeyer
Date of signature: IC)/ t0 I 7 ♦ 11000
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LOWELL THREE, LLC,
CIO BERT GARCIA, PRO LAWN LANDSCAPING
USR17.0029
1. The Site Specific Development Plan and Use by Special Review Permit, USR17-0029, is
for a Home Business(parking and staging of trucks, trailers and equipment for a landscape
business) 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 employees shall be limited to eight (8).
4. Total vehicles associated with the business will be limited to six(6), including dump trucks,
flatbed trucks, dually trucks and 4x4 trucks.
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. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a
manner that protects against surface and groundwater contamination.
8. 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 30-20-100.5, C.R.S.
9. 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.
10. 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.
11. The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District, as delineated in Section 25-12-103, C.R.S.
12. 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
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DEVELOPMENT STANDARDS (USR17-0029) — LOWELL THREE, LLC, C/O BERT GARCIA,
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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.
13. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to On-site Wastewater Treatment Systems (OWTS).
14. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
15. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
16. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off-site tracking.
17. There shall be no parking or staging of vehicles on public roads. On-site parking shall be
utilized.
18. The historical flow patterns and runoff amounts on the site will be maintained.
19. As required by the Colorado Department of Public Health and Environment (CDPHE),
MS4 General Permit (COR090000), stormwater runoff from site development/
redevelopment must be treated for water quality. Treatment may include on-site infiltration
and/or water quality treatment prior to discharge (detention).
20. During construction,Weld County shall be allowed to inspect temporary Best Management
Practices (BMPS) for proper installation and maintenance as detailed in the Stormwater
Management Plan (SWMP). Inspections occur to ensure adequate measures are taken to
protect the landowner, neighboring properties, adjacent roadways and nearby waterways
from potentially adverse effects of stormwater runoff. The contact will be notified prior to
inspection for access to be granted to the inspector. Inspections will be performed at a
frequency required by the CDPHE MS4 General Permit (COR090000).
21. After construction is complete, Weld County shall be allowed to inspect permanent BMPS
(or on-site drainage features)for proper installation as designed in the approved Drainage
Plan. The contact will be notified prior to inspection for access to be granted to the
inspector.
22. Following the approved installation of permanent BMPS, Weld County shall be allowed to
routinely inspect the BMPS for proper maintenance as detailed in the Maintenance Plan.
Inspections ensure adequate drainage is occurring to protect the landowner, neighboring
properties, adjacent roadways and nearby waterways from potentially adverse effects of
stormwater runoff. Please note, Weld County is not responsible for maintenance of
permanent BMPS. The contact will be notified prior to inspection for access to be granted
to the inspector. Inspections will be performed at a frequency required by the CDPHE MS4
General Permit (COR090000).
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DEVELOPMENT STANDARDS (USR17-0029) — LOWELL THREE, LLC, CIO BERT GARCIA,
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23. Sources of light shall be shielded so that beams or rays of light will not shine directly onto
adjacent properties. Sources of light should not cause a nuisance or interfere with the use
on the adjacent properties in accordance with the map. Neither the direct, nor reflected,
light from any light source may create a traffic hazard to operators of motor vehicles on
public or private streets. No colored lights may be used which may be confused with, or
construed as, traffic control devices.
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: 2012 International Codes,
2006 International Energy Code, and 2014 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.
28. 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
Corn m issioners.
29. 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
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DEVELOPMENT STANDARDS (USR17-0029) — LOWELL THREE, LLC, C/O BERT GARCIA,
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resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
30. 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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