HomeMy WebLinkAbout20153462.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR15-0046, FOR ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (SOLID WASTE MANAGEMENT FACILITY),
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 AND ONE (1) SINGLE-FAMILY
DWELLING UNIT PER LOT OTHER THAN THOSE PERMITTED UNDER SECTION
23-3-20.A (SECOND SINGLE-FAMILY DWELLING UNIT) IN THE A (AGRICULTURAL)
ZONE DISTRICT- FLOYD AND KALA COLE
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 4th day of
November, 2015, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Floyd and Kala Cole, 2416 52nd Avenue Court, Greeley, CO 80634,
for a Site Specific Development Plan and Use by Special Review Permit, USR15-0046, for any
Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial
or Industrial Zone Districts (Solid Waste Management Facility), 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 and one (1) Single-Family Dwelling Unit per lot other than
those permitted under Section 23-3-20.A (second single-family dwelling unit) in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
S1/2 NW1/4 of Section 17, Township 9 North,
Range 66 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 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.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
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." The Snowy River
Enterprises, LLC, tire recycling base of operations, outside
equipment/vehicle storage and staging facility is located in an area
that allows good access to a paved road and is within 3.5 miles of
County Road (CR) 100.
2) Section 22-2-100.E (C.Goal 5) states: "Minimize the
incompatibilities that occur between commercial uses and
surrounding properties."The facility is located on an 80-acre parcel,
0.5 miles northwest of the Town of Nunn. The parking of vehicles
and outside storage of equipment and tires and similar supplies will
be required to be screened from adjacent property and public
rights-of-way. Planning staff has received three statements of
support from: Guevara, which is located at 13260 CR 106; King,
which is located at 131341 CR 104; and Ford, which is located at
13391 CR 104, all requesting no screening on the property. Given
these requests, the Department of Planning Services is not
requiring screening.
3) Section 22-2-20.F.3 (A. Policy 6.3) states: "Encourage multi-
generational, caretaker, guest and accessory quarters." The
second single-family dwelling will be occupied by an individual who
is related to the property owner; however, the residence may be
used as a rental income property in the future.
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 applicants are requesting a USR
permit for two (2) single-family dwellings on one parcel. The
applicant receives water from a well approved for domestic
purposes inside three single family dwellings, irrigation of up to one
acre lawn and garden and the owner's large non-commercial
domestic animals. The Division of Water Resources indicates that
the approved uses for Well Permit No. 297778 are consistent with
the proposed uses. The Conditions of Approval and Development
Standards ensure that there are adequate services and facilities
available.
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 of the Weld County
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Code lists any Use permitted as a Use by Right, Accessory Use, or Use by
Special Review in the Commercial or Industrial Zone Districts (Solid Waste
Management Facility) 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, and Section 23-3-40.M allows
for one (1) single-family dwelling unit per lot other than those permitted
under Section 23-3-20.A. (second single-family dwelling unit) as a Use by
Special Review 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. Surrounding lands are
predominately rangeland in native grasses. There is a limited amount of
residential development to the north and two houses located one-half mile
to the south. There are five property owners on seven parcels within 500
feet of this proposed facility. The nearest residence (Guavara) from the
property line of the site is north approximately 1,100 feet, with all other
residential properties located north and south approximately 2,300 feet.
There is a transmission corridor adjacent to the western property line:
Western Area Power Administration has a 345 kV Transmission Line,
Public Service of Colorado has a 10-inch or greater high pressure gas line
and KN Wattenburg also has a gas pipeline. As previously stated, the
Guevara residence stated they would be in support of no fence for the
facility.
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 Town of
Nunn, indicated in the referral response dated August 28, 2015, concerns
with the potential for contaminants, if any, to leach into the adjacent Creek
to the east of the property. Planning staff did not identify a named water
source to the east; however, the Department of Public Health and
Environment is requiring that the facility operate in accordance with the
approved Engineering Design and Operations Plan.
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 23-2-230.6.6 --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 80 acres of High
Potential Dry Cropland — "Prime," if they become irrigated, per the 1979
Soil Conservation Service Important Farmlands of Weld County Map.
There is no irrigation water associated with this parcel and currently the
property is in native grasses.
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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 Floyd and Kala Cole, for a Site Specific Development
Plan and Use by Special Review Permit, USR15-0046, for any Use permitted as a Use by Right,
Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (Solid
Waste Management Facility), 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, and one (1) Single-Family Dwelling Unit per lot other than those permitted under
Section 23-3-20.A (second single-family dwelling unit) 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 applicant shall submit a stormwater drainage variance request or, if
the site does not qualify for a variance, then a Final Drainage Report and
Certification of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required.
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR15-0046.
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.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
5) County Road (CR) 27 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 the existing right-of-way. All setbacks shall be measured
from the edge of right-of-way. This road is maintained by Weld
County.
6) Used tire storage areas and product storage areas should be
designated.
7) Show and label the approved access(es) (AP#15-00218), and the
appropriate turning radii.
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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 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 the issuance of the Certificate of Occupancy:
A. An on-site wastewater treatment system is required for the proposed
residence(s) and shall be installed according to the Weld County On-site
Wastewater Treatment System Regulations.
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 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 4th day of November, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CO ORADO
ATTEST: %,,s Gs ;eik
arbara Kirkmeye , Chair
Weld County Clerk to the Board
TRA-CL--
Mike Freeman, Pro-Tem
BY:
Deputy CI k to the Bo .;- �— �
$1 EL Sean P. Conway
AP D AS T R :
3i-ide
Sabi t- '`42 Ju ie_Q. Cozad
oun y ttorney A
// uj Steve Moreno
Date of signature:
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
FLOYD AND KALA COLE
USR15-0046
1. The Site Specific Development Plan and Use by Special Review Permit, USR15-0046, is
for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review, in
the Commercial or Industrial Zone Districts (solid waste management facility), 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 and one (1)
single-family dwelling unit per lot other than those permitted under Section 23-3-20.A
(second single family dwelling unit) 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 hours of operation are 8:00 a.m. to 5:00 p.m., Monday through Friday, except in the
case of an emergency or to make necessary repairs to equipment as stated by the
applicant(s).
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. The number of employees shall be limited to two (2) as stated in the application materials.
6. 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.
7. 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.
8. 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 1 of the
Weld County Code.
9. Fugitive dust and fugitive particulate emissions should attempt to be confined on the
property. Uses on the property should comply with the Colorado Air Quality Commission's
air quality regulations.
10. The facility, at all times, shall operate in accordance with the approved Engineering Design
and Operations Plan. If during the operational activities of this facility information is
revealed that changes the currently held concept of the site, the Hazardous Materials and
Waste Management Division of the Colorado Department of Public Health and
Environment may request modifications to the Engineering Design and Operations Plan.
In addition, regulatory changes that the Colorado Department of Public Health and
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Environment may implement in the future may also become binding and necessitate
modifications to the Engineering Design and Operations Plan. Modifications to the
Engineering Design and Operations Plan will be approved, in writing, by both the Colorado
Department of Public Health and Environment and the Weld County Department of Public
Health and Environment.
11. All required reports and recordkeeping information will be submitted to the WCDPHE upon
request and maintained at the facility. Records will be maintained onsite indicating an
annual report will be submitted to the CDPHE and the WCDPHE by April 1 of each year.
12. The facility shall comply with the waste tires section (Section 10) of the Regulation
Pertaining to Solid Waste Sites and Facilities, 6 CCR 1007-2, Part 1, if applicable.
13. The facility shall have no more than 100 tons of used tires and used tire products at the
facility. If the facility has a written contract or purchase order for sale of used tire products,
the tonnage specified on the written contract or purchase order will not count toward the
100 tons al►owed on-site.
14. The applicant shall submit an Air Pollution Emission Notice (APEN) and Emissions Permit
application to the Air Pollution Control Division (APCD) of the Colorado Department of
Public Health and Environment, as necessary.
15. The used tires and used tire product will not be stored outside of the designated cells.
Lanes between cells shall be free of tires, debris and vegetation at all times. Wastes or
material other than used tires and used tire products will not be placed into designated
cells.
16. This facility shall adhere to the maximum permissible noise levels allowed in the
Non-Specified Zone as delineated in Section 14-9-30 of the Weld County Code.
17. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. If employees or contractors are 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.
18. All potentially hazardous chemicals must be handled in a safe manner, in accordance with
product labeling, and in a manner that minimizes the release of Hazardous Air Pollutants
(HAPs) and Volatile Organic Compounds (VOCs). All chemicals must be stored securely,
on an impervious surface, and in accordance with manufacturer's recommendations.
19. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
20. Following the commencement of operation, the property owner or operator shall provide
written evidence of an approved Emergency Action and Safety Plan on or before
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March 15th of any given year signed by representatives for the Fire District and the Weld
County Office of Emergency Management to the Department of Planning Services.
21. 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.
22. Should noxious weeds exist on the property, or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
23. The historical flow patterns and runoff amounts will be maintained on the site.
24. The site shall be maintained to mitigate any impacts to the public road including damages
and/or off-site tracking.
25. There shall be no parking or staging of vehicles on County roads. On-site parking shall be
utilized.
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
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
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
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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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