HomeMy WebLinkAbout20160731.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR15-0075, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY
USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (CONSTRUCTION BUSINESS WITH AN OFFICE, MAINTENANCE SHOP,
WAREHOUSE, OUTDOOR WASH BAY, FUELING STATION AND OUTDOOR
STORAGE) IN THE A (AGRICULTURAL) ZONE DISTRICT - WELD LV, LLC, C/O
GERRARD INVESTMENTS, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 17th day of
February, 2016, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Weld LV, LLC, 3821 Debry Trail, Round Rock, TX 78681, c/o Gerrard
Investments, LLC, 27486 CR 13, Loveland, CO 80534, for a Site Specific Development Plan and
Use by Special Review Permit, USR15-0075, for a Use permitted as a Use by Right, Accessory
Use, or Use by Special Review in the Commercial or Industrial Zone Districts (construction
business with an office, maintenance shop, warehouse, outdoor wash bay, fueling station and
outdoor storage) in the A (Agricultural) Zone District, on the following described real estate, being
more particularly described as follows:
Lot B of Recorded Exemption, RE-4033; being part
of the SW1/4 of Section 18, Township 5 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the Board deemed it necessary to continue the matter to
March 9, 2016, at the hour of 10:00 a.m. to allow the applicant time to present to Planning
Commission which had been cancelled due to inclement weather and rescheduled for
February 23, 2016, and
WHEREAS, on March 9, 2016, the applicant was present and represented by Patrick
Groom, 822 7th Street, Suite 760, Greeley, CO 80631, 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:
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A. Section 23-2-230.6.1. -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
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." 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 proposing a construction business with two shop buildings, an
office, and outdoor storage of equipment and trucks. A majority of
the 150 full-time employees report directly to jobsites and will only
visit this site occasionally. A maximum of 50 of these employees
will use this site on a regular basis. Typically, only 15 employees
will be present on-site for the entire work day. Equipment and
materials will be stored in the fenced area (the yard). Storage items
include construction equipment, trench boxes/shoring materials,
various sizes and types of materials storage containers, trailers,
trucks, miscellaneous equipment parts and attachments, pumps
and hoses, specialty aggregate materials, barricades, construction
materials like pipe and appurtenances, lumber, poles, bridge
beams, steel beams and columns, manholes, forms, fencing, and
straw waddles. The yard will be fenced with a six-foot chain-link
black vinyl-clad fence with 3-strands of barbed wire for security.
Staff is requesting that the screening along the north and south of
the yard be opaque. The orientation of the covered parking
structure screens the yard from County Road (CR) 13. The
application materials state that lighting and signage is proposed.
The screening, signage, and the lighting will need to be shown on
the site plan and meet the requirements of the Weld County Code.
The Code requirements for lights and the screening will assist in
mitigating the impacts of the facility on the adjacent properties and
ensure compatibility with surrounding land uses.
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, which allows 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 and Industrial Zone Districts (construction business with
an office, maintenance shop, warehouse, outdoor wash bay, fueling station
and outdoor storage) in the A (Agricultural) Zone District.
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 Union Pacific Railroad is on the
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northeast boundary and the Great Western Railroad is on the southwest
boundary. The closest residence is on the northwest corner of the site and
there is also a residence south of CR 56. The parcel to the north was
recently approved for the Martin Marietta batch plant. There are five (5)
USRs located within one (1) mile of this parcel. USR15-0027 is for an
asphalt batch plant and is located north of the site. USR15-0028 is for a
wedding venue and is located about one-half mile to the east of the site.
USR15-0040 is for a Commercial Truck Parking and Transload Facility and
is located southeast of the site. USR-818 is for a single family residence
and is located about one mile to the south of the site. USR-1041 is for a
12-inch gas line and is located north of the site along U.S. Highway 34. The
Weld County Department of Planning Services has received one letter
objecting to this USR. The letter outlines concerns with the possible
pollution of their organic farm.
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, and the Towns of Windsor and Johnstown. The City of
Greeley, in the referral comments dated December 18, 2015, indicated no
concerns. The Town of Johnstown did not respond with any referral
comments and the Town of Windsor, in the referral comments dated
December 24, 2015, indicated that the proposed development is located
outside of the Town's Growth Management Area (GMA) and Community
Influence Area (CIA). The Weld County Code addresses screening and
lighting and the applicant will need to be compliant with the code
requirements.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. 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
p p 9
1979 Soil Conservation Service Important Farmlands
(Irrigated)," per the p
of Weld County Map. The historic use of the parcel was cropland. The USR
will take approximately ten (10) acres of Prime (Irrigated) Farmland out of
production. However, the site is in an area that is transitioning to
commercial and industrial uses partially due to the location of rail.
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
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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 Weld LV, LLC, c/o Gerrard Investments, LLC, for a Site
Specific Development Plan and Use by Special Review Permit, USR15-0075, for a Use permitted
p p p
as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial
business with an office, maintenance shop, warehouse, outdoor wash
Zone Districts(construction
bay, fueling station and outdoor storage) 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. An Improvements and Road Maintenance Agreement is required for off-site
improvements at this location. Road maintenance including dust control,
damage repair, specified haul routes and future traffic triggers for
improvements will be included.
B. A Final Drainage Report and Certification of Compliance stamped and
signed by a Professional Engineer registered in the State of Colorado is
required.
C. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR15-0075.
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 landscaping and/or screening.
6) The map shall delineate the lighting.
7) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code.
8) The map shall delineate the parking for customers and/or
employees.
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9) Show and label the approved Access Permit (AP#15-00271), and
the appropriate turning radii on the site plan.
10) Show and label the approved tracking control on the site plan.
11) Show and label the accepted drainage features and drainage flow
arrows on the site plan. Water quality features or stormwater ponds
should be labeled as"Water Quality Feature/Stormwater Detention,
No-Build or Storage Area," to include final calculated volume.
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 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 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 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.
5. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
6. Prior to Operation:
A. The approved access and tracking control shall be constructed. Temporary
tracking control shall be used during construction.
7. 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
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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 9th day of March, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: doh& �• �C�lo�� ���"�`� 'eQ�
Mike Freeman, Chair
Weld County Clerk to the Board "-�
' Sean P. Conway, Pro-Tem BY: d „ot,
De Clerk Clerk to th- Board h+. . ` l�1
,�� fL��`• .ee A A. Cozad
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AP" *" D AS • USED
AM ;,,7 u bara Kirkmeyer
ount rttorney V
3/ .��! teve Moreno
Date of signature:
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
WELD LV, LLC, CIO GERRARD INVESTMENTS, LLC
USR15-0075
1. The Site Specific Development Plan and Use by Special Review Permit, USR15-0075, is
for a Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial and Industrial Zone Districts (construction business with an office,
maintenance shop, warehouse, outdoor wash bay, fueling station and outdoor storage) 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 on-site employees shall be 150 full-time employees.
4. The hours of operation are 6:00 a.m. to 7:00 p.m., Monday through Saturday.
5. The required parking area on the site shall be maintained.
6. The landscaping/screening on the site shall be maintained.
7. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and
23-E of the Weld County Code.
8. The property owner shall control noxious weeds on the site.
9. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off-site tracking.
10. There shall be no parking or staging of vehicles on public roads. On-site parking shall be
utilized.
11. The historical flow patterns and runoff amounts on the site will be maintained.
12. Weld County is not responsible for the maintenance of on-site drainage related features.
13. 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.
14. 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.
15. 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.
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16. 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.
17. The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone, as delineated in Section 25-12-103 C.R.S.
18. Adequate drinking, handwashing and toilet facilities shall be provided for employees, at
all times. For employees on-site for less than two (2) consecutive hours a day, 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.
19. Sewage disposal for the facility shall be by septic system. Any septic system located on
the property must comply with all provisions of the Weld County Code, pertaining to
On-site Wastewater Treatment Systems. A permanent, adequate water supply shall be
provided for drinking and sanitary purposes.
20. Processed wastewater, such as floor drain wastes, shall be captured in a watertight vault
and hauled off for proper disposal. Records of installation, maintenance, and proper
disposal shall be retained.
21. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges
in accordance with the Rules and Regulations of the Water Quality Control Commission,
and the Environmental Protection Agency.
22. All potentially hazardous chemicals must be handled in a safe manner in accordance with
product labeling. All chemicals must be stored secure, on an impervious surface, and in
accordance with manufacturer's recommendations.
23. The facility shall comply with all provisions of the State Underground and Above Ground
Storage Tank Regulations.
9
24. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
25. 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.
26. 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
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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.
27. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
28. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment shall be granted access onto the property at
any reasonable time in order to ensure the activities carried out on the property comply
with the Conditions of Approval and Development Standards stated herein and all
Pp p
applicable Weld County regulations.
29. The Use by Special Review area shall be limited to the plans shown hereon and governed
by the foregoing standards and all applicable Weld County regulations. Substantial
changes from the plans or Development Standards, as shown or stated, shall require the
approval of an amendment of the Permit by the Weld County Board of County
Commissioners before such changes from the plans or Development Standards are
permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
30. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development
Standards may be reason for revocation of the Permit by the Board of County
Commissioners.
31. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some
of the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital
resources because (a)the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and 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.
32. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
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