HomeMy WebLinkAbout20161943.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR16-0012, FOR USES SIMILAR TO THE USES LISTED AS USES BY
SPECIAL REVIEW IN THE A (AGRICULTURAL) ZONE DISTRICT (PARKING,
STAGING AND STORAGE OF COMMERCIAL VEHICLES AND EQUIPMENT), AS
LONG AS THE USE COMPLIES WITH THE GENERAL INTENT OF THE
A (AGRICULTURAL) ZONE DISTRICT - ROSA MELINDA CHICAS-ARRIAZA, C/O
BULLDOG TRUCKING, 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 6th day of
July. 2016. at the hour of 10:00 a.m.. in the Chambers of the Board, for the purpose of hearing
the application of Rosa Melinda Chicas-Arriaza. c/o Bulldog Trucking, LLC, 4699 West F Street.
Greeley. CO 80631. for a Site Specific Development Plan and Use by Special Review Permit,
USR16-0012, for Uses similar to the Uses listed as Uses by Special Review in the A (Agricultural)
Zone District (parking, staging and storage of commercial vehicles and equipment), as long as
the Use complies with the general intent of the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
Part of the N1/2 SW1/4 of Section 35. Township 6
North. Range 66 West of the 6th P.M.. Weld County.
Colorado
WHEREAS, at said hearing, the applicant was represented by David Skarka, of Winters,
Hellerich and Hughes, 5401 West 10th Street. Greeley, Colorado, 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:
The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2 It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 23-2-220.A.1 (A. Policy 7.1) states: "County land use
regulations should support commercial and industrial uses that are
directly related to, or dependent upon. agriculture, to locate within
1 -mil -lip
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SPECIAL REVIEW PERMIT (USR16-0012) - ROSA MELINDA CHICAS-ARRIAZA. CIO
BULLDOG TRUCKING. LLC
PAGE 2
the agricultural areas, when the impact to surrounding properties is
minimal, or can be mitigated, and where adequate services are
currently available or reasonably obtainable." Bulldog Trucking,
LLC. intends to provide parking. staging and storage of their
company vehicles and equipment to the north of their single-family
residence. The site is located in an area that allows good access
on paved roads to the construction areas.
2) Section 22-2-100.E (C.Goal 5) states: "Minimize the
incompatibilities that occur between commercial uses and
surrounding properties." The proposed facility borders a former
gravel mine and farther to the north is the Martin Marietta gravel
mine. Adjacent to the west are lands owned and annexed by the
City of Greeley. Lands to the south of F Street are in Weld County
and consist of single-family residential development with pasture
lands. Given the intensity of the proposal, staff will require: the
outdoor storage/staging of vehicles to be screened; a Parking Plan
to address the parking location on the property to mitigate the
impacts of noise and exhaust onto neighboring properties: and as
a Condition of Approval. the site lighting will be directed downward
and away from neighboring properties.
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 of the Weld County
Code lists any Use permitted as a Use by Right. Accessory Use, or Use by
Special Review in the Commercial or Industrial Zone Districts (Bulldog
Trucking Company intends to provide parking, staging and storage of the
company vehicles and equipment) 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 as a Use by Special
Review in the A (Agricultural) Zone District.
Section 23-2-230.B.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The surrounding properties located
adjacent to the west are lands owned and annexed by the City of Greeley.
Part of the property is utilized for the Rover Run Dog Park. To the north is
a former mineral resource development facility for gravel mining and farther
to the north is the Great Western Railroad and Martin Marietta
(AmUSR-247) gravel mine. All lands north of F Street have been annexed
in the City of Greeley. The land use to the south of F Street are for single
family residences and a large pasture. As previously stated, staff is
requiring the outdoor storage/staging of vehicles to be screened; a Parking
Plan to address the parking location on the property to mitigate the impacts
of noise and exhaust onto neighboring properties and, as a Condition of
Approval, the site lighting will be directed downward and away from
neighboring properties.
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SPECIAL REVIEW PERMIT (USR16-0012) - ROSA MELINDA CHICAS-ARRIAZA. C/O
BULLDOG TRUCKING. LLC
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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 three (3) miles of the City of
Greeley. which returned a referral dated April 21, 2016, providing several
advisory comments on the site location within the City of Greeley's Long
Range Expected Growth Area. The referral response cited a conflict with
the City of Greeley's 2060 Comprehensive Plan that identifies this area for
natural uses such as parklands and open space. and suggested landscape
criteria adjacent to roadways and screening of the property from adjacent
City of Greeley open space. The referral also noted that F Street is
identified as a two-lane collector roadway in the City of Greeley's 2035
Transportation Master Plan which requires 90 feet of right-of-way at full
buildout.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V. of the Weld County Code. The existing site is not located within
the 100 -year Floodplain, Airport or Geologic hazard areas. The property is
located within the County -Wide Road Impact Fee Area and the Capital
Expansion Impact Fee area. Building Permits issued on the proposed lot
will be required to adhere to the fee structure of the County Facility Fee and
Drainage Impact Fee Programs.
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 1.34 acres
designated 'Prime" (Irrigated) land per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map. The site does not have irrigation
water rights and there are improvements on -site. therefore, no prime farm
ground will be removed from the County.
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 Rosa Melinda Chicas-Arriaza. c/o Bulldog Trucking, LLC.
for a Site Specific Development Plan and Use by Special Review Permit, USR16-0012, for Uses
similar to the Uses listed as Uses by Special Review in the A (Agricultural) Zone District (parking,
staging and storage of commercial vehicles and equipment). as long as the Use complies with
the general intent of 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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BULLDOG TRUCKING. LLC
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Prior to recording the USR map:
A. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR16-0012.
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 the trash collection areas.
5) The existing screening shall be shown on the map in accordance
with Section 23-3-250.A.5 of the Weld County Code.
6) The lighting shall be shown on the map in accordance with
Section 23-3-250.B 6 of the Weld County Code.
7) The parking shall be shown on the map in accordance with
Section 23-3-250.A.2 of the Weld County Code.
8) Show the location and dimension of the facility sign. 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.
9) F Street is identified as a two-lane collector roadway in the City of
Greeley's 2035 Transportation Master Plan which requires 90 feet
of right-of-way at full buildout. The applicant shall delineate on the
site plan the future right-of-way. All setbacks shall be measured
from the edge of right-of-way. This road is maintained by the City of
Greeley.
10) Show the approved City of Greeley access point(s) and label with
the approved Access Permit number. if applicable.
11) Show and label all easements with the recorded document
reception number and date.
12) 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) paper copy or one (1) electronic copy (.pdf) of the USR map for preliminary
approval to the Weld County Department of Planning Services Upon approval of
the map. the applicant shall submit a Mylar map along with all other documentation
required as Conditions of Approval. The Mylar map shall be recorded in the office
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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. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review map
is ready to be recorded in the office of the Weld County Clerk and Recorder or the
applicant has been approved for an early release agreement.
The above and foregoing Resolution was. on motion duly made and seconded, adopted
by the following vote on the 6th day of July, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST. dittL �. JCS;J,
Weld County Clerk to the Board
BY /S
puty Clerk to the Board
AP DA
oun
Date of signature: -7 / Q'a I a0 l Co
Mike Freeman, Chair
Sean P. Conway. Pro-Tem
EXCUSED
ie A. Cozad
ra Kirkmeyer
teve Moreno
ni-erue--wr
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ROSA MELINDA CHICAS-ARRIAZA, C/O BULLDOG TRUCKING, LLC
USR16-0012
The Site Specific Development Plan and Use by Special Use Permit, USR16-0012. is for
any Use permitted as a Use by Right. Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (parking, staging and storage of commercial
vehicles and equipment). 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 employees shall be restricted to 17 persons.
4. 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.
5. 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.
6. 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.
7 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.
8. 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.
9. 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.
10. 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
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.
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11. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to On -site Wastewater Treatment Systems.
12. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
The Domestic Well (Permit #51654) shall be re -permitted to commercial if used in
conjunction with the business.
13. Process 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.
14. 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.
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 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.
17. The existing screening on the site shall be maintained.
18. The parking area for commercial vehicles and equipment on the site shall be maintained.
19. The property owner or operator shall be responsible for controlling noxious weeds on the
site. pursuant to Chapter 15. Article I and Il. of the Weld County Code.
20. The site shall be maintained to mitigate any impacts to the public road, including damages
and/or off -site tracking.
21. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized
22. The historical flow patterns and run-off amounts on -site will be maintained.
23. 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.
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24. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
25. 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.
26. 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.
27. 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.
28. 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.
29. 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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