HomeMy WebLinkAbout20163206.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR16-0025, FOR ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (PARKING AND STORAGE OF COMMERCIAL
TRUCKS) 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 - JOSE BARRON
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 19th day of
October, 2016, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Jose Barron, 13005 CR 28. Platteville, CO 80651, for a Site Specific
Development Plan and Use by Special Review Permit, USR16-0025, for any Use permitted as a
Use by Right. Accessory Use. or Use by Special Review in the Commercial or Industrial Zone
Districts (parking and storage of commercial trucks) 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 B of Recorded Exemption. RE -2268; being part
of the SW1/4 of Section 29. Township 3 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Chris Campos. 13005
County Road 28, Platteville. CO 80651, 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:
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.
Section 22-2-20.G.2 (A.Policy 7.2) states: -Conversion of agricultural land
epG , &4-'t -
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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. The
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.
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 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 and staging of
commercial trucks), 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.
Section 23-2-230.B.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The site is surrounded by cropland
to the north. south, east and west. A tank battery is located immediately to
the north. The nearest residences are located approximately 1,400 feet and
1,700 feet to the east and west of the site. No phone calls or
correspondence have been received from surrounding property owners in
regards to this case. Development Standard (noise limits. limits on the
number of trucks to be parked, as well as proposed screening) will mitigate
the impacts of the use and ensure compatibility with the surrounding area.
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
Town of Platteville and within the Platteville/Weld County Cooperative
Planning Agreement (CPA) boundary. No referral comments have been
received from the Town of Platteville.
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 not in 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.
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 4.77 acres
delineated as "Irrigated (Not Prime)" per the 1979 Soil Conservation
Service Important Farmlands of Weld County Map.
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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 Jose Barron, for a Site Specific Development Plan and
Use by Special Review Permit. USR16-0025, for any Use permitted as a Use by Right. Accessory
Use, or Use by Special Review in the Commercial or Industrial Zone Districts (parking and storage
of commercial trucks) provided that the property is not a lot in an approved or recorded subdivision
plat or pad 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 plat:
A. The plat shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR16-0025.
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) County Road 28 (CR) is a gravel road and is designated on the
Weld County Road Classification Plan 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.
5) Show and label the approved access point(s) (AP16-00329) and
the appropriate turning radii on the site plan.
6) Show and label the approved tracking control on the site plan.
7) Show and label the entrance gate set back a minimum of 100 feet
from edge of shoulder.
8) The applicant shall show the drainage flow arrows.
9) Show and label the parking and traffic circulation flow arrows
showing how the traffic moves around the property.
10) Show and label all recorded easements on the map by book and
page number or reception number and date on the site plan.
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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 plat for preliminary approval to
the Weld County Department of Planning Services. Upon approval of the plat, the
applicant shall submit a Mylar plat along with all other documentation required as
Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld
County Clerk and Recorder by the Department of Planning Services. The plat shall
be prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. The Mylar plat 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 mapsco.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.
B. The approved access and tracking control shall be constructed prior to
on -site construction.
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 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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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of October, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
tau.,,
Weld County Clerk to the Board
BY:
Dep6ty Clerk to the Board
ounty Attorney
Date of signature:
Mike Freeman, Chair
Steve Moreno
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JOSE BARRON
USR16-0025
1 A Site Specific Development Plan and Use by Special Review Permit, USR16-0025, is for
Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (parking and storage of commercial trucks)
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 commercial vehicles parked on site shall be limited to ten (10).
4. Hours of operation shall be 24 hours per day, 7 days per week.
5. The parking area on the site shall be maintained.
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 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.
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12. Adequate drinking, hand washing 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.
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.
14. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
The domestic well (Permit #285756) shall be re -permitted to commercial if used in
conjunction with the business.
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 property owner shall control noxious weeds on the site.
18. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
19. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
20. The historical flow patterns and runoff amounts on the site will be maintained.
21. 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.
22. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
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23. 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.
24. 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.
25. 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.
26. 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.
27. 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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