HomeMy WebLinkAbout20152111.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR14-0073, FOR ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (RECYCLING OF AGGREGATE INCLUDING
CONCRETE, ASPHALT AND FILL DIRT) 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 - BUCKLEN
EQUIPMENT COMPANY
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 8th day of
July, 2015, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Bucklen Equipment Company, 804 N. 25th Avenue, Greeley, CO 80631, for a
Site Specific Development Plan and Use by Special Review Permit, USR14-0073, for any Use
permitted as a Use By Right, Accessory Use, or Use By Special Review in the Commercial or
Industrial Zone Districts (recycling of aggregate including concrete, asphalt and fill dirt) 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 1 of Subdivision Exemption, SUBX14-0016;
being part of the NW1/4 of Section 31, Township 6
North, Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the Board deemed it advisable to continue the matter to
July 29, 2015, to allow time for the Board of County Commissioners to examine the final
documents from the Planning Commission hearing, which took place on July 7, 2015, and
WHEREAS, on July 29, 2015, the applicant was present and represented by Tim Naylor,
AGPROfessionals, LLC, 3050 67th Avenue, Suite 200, Greeley, CO 80634, 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.
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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 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."
2) 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." This site is surrounded on all sides by
mining operations and appears to be compatible with the region.
3) Section 22-5-80.B (CM.Goal 2) states: "Promote the reasonable
and orderly development of mineral resources." The applicant is
requesting a Use by Special Review Permit for recycling of
aggregate materials including concrete, asphalt and fill dirt. The
stockpiles that have been on the site since the 1970s were
associated with the mining operation that was approved by the
Colorado Division of Reclamation, Mining and Safety. There is no
USR associated with the original mining operation so a USR is
required to approve this new recycling business. The new
stockpiles on the site are the recycling materials—concrete, asphalt
and fill dirt - and will be placed within the fenced yard; the fence is
a minimum of 100 feet from the south edge of the Cache la Poudre
River. The application materials state that there are two (2)full-time
employees and fifteen (15) semi-trucks for product delivery and
removal. The hours of operation are proposed to be 7:00 a.m.
through 5:00 p.m., Monday through Friday. This site is not adjacent
to public right-of-way, therefore, staff is not recommending
screening. No lighting or signage is proposed and the trucks will be
parked on the adjacent property to the west and southwest. No
customers will be coming to the site. Offices, restrooms, and
employee parking will be available at the Bucklen Equipment site to
the west. If necessary, a water tanker truck or portable sprinkling
system will be used at the site for dust abatement. Bottled water
and portable toilets will be available at this site.
B. Section 23-2-230.B.2. -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District, per Section 23-3-40.S, which allows for a
Site Specific Development Plan and Use by Special Review Permit for any
Use permitted as a Use By Right, Accessory Use, or Use By Special
Review in the Commercial or Industrial Zone Districts (recycling of
aggregate including concrete, asphalt and fill dirt) provided that the
property is not a lot in an approved or recorded subdivision plat or part of
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a map or plan filed prior to adoption of any regulations controlling
subdivisions 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 properties are mainly
utilized mining operations and industrial trucking operations. The closest
residence is about one-quarter mile south of the site. There are
approximately five (5) USRs located within one mile of this parcel that were
issued for gravel mining and associated activities. The Weld County
Department of Planning Services has not received any correspondence
from surrounding property owners related to this USR. The Conditions of
Approval and Development Standards for this proposal will assist in
mitigating the impacts of the facility on the adjacent properties and ensure
compatibility with surrounding land uses.
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 which stated in the referral comments, dated December
18, 2014, the property is located within the City of Greeley Long Range
Expected Growth Area. If, in the future, additional water service is
requested or sanitary sewer service is required, then it will be a requirement
to annex into the City of Greeley prior to the City of Greeley providing utility
service.
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. The site is
in a special flood hazard area.
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 USR is on approximately 13.81 acres of "Prime
(Irrigated)," per the 1979 Soil Conservation Service Important Farmlands
of Weld County Map. This USR will take about 13.81 acres of Prime
(Irrigated) Farmland out of production.
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.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Bucklen Equipment Company, for a Site Specific
Development Plan and Use by Special Review Permit, USR14-0073, for any Use Permitted as a
Use By Right, Accessory Use, or Use By Special Review in the Commercial or Industrial Zone
Districts (recycling of aggregate including concrete, asphalt and fill dirt) 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
parcel of land described above be, and hereby is, granted subject to the following conditions:
1. Prior to recording the plat:
A. A Colorado Department of Public Health and Environment (CDPHE)
Compliance Advisory issued on April 2, 2014, and a Violation Notification
issued by Weld County Department of Public Health and Environment on
March 26, 2014, notified the applicant that waste materials have been
illegally disposed of at the facility. The applicant shall either remove the
materials at issue or shall demonstrate that it does not pose a risk to human
health and the environment.
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR14-0073.
2) The attached Development Standards.
3) The map shall be prepared per Section 23-2-260.D of the Weld
County Code.
4) North 25th Avenue is a paved 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 verify and
delineate the existing right-of-way and the documents creating the
right-of-way. All setbacks shall be measured from the edge of future
right-of-way. This road is maintained by Weld County.
5) The applicant shall indicate, specifically, any right-of-way and/or
easements and indicate whether they are dedicated, private, or
deeded and label with recorded document, book and page and/or
reception number to provide adequate access to the parcel.
6) Show and label standard tracking control onto publically maintained
roadways.
7) Show the accepted water quality feature with volume and label as
"Water Quality Feature, No-Build or Storage Area".
8) Show and label the approved access, turning radii, and parking and
circulation.
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9) Show and label the floodplain and floodway boundaries
(if applicable). Label the floodplain boundaries with the FEMA
Flood Zone and FEMA Map Panel Number.
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 prior to the start of construction. Contact the Planning
Department of Planning Services for application information.
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 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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 29th day of July, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dick/1J �• 't1 �•�
'Barbara Kirkmeyer, air
Weld County Clerk to the Board
Mike Freeman, Pro-Tern
BY: C�L /
Deer Clerk to the Bo r• ���`�►� EXCUSED
1_a% Sean P. Conway
APP % ED O FOR �.•► ,� �� Oar,
( 1661 �'� �; t=4 ie A. Cozad
•
ounty Attorney
Steve Moreno
Date of signature: 2//5
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
BUCKLEN EQUIPMENT COMPANY
USR14-0073
1. The Site Specific Development Plan and Use by Special Review Permit, USR14-0073, is
for any Use permitted as a Use By Right, Accessory Use, or Use By Special Review in the
Commercial or Industrial Zone Districts (recycling of aggregate including concrete, asphalt
and fill dirt) 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 full-time employees associated with the processing operations is two (2),
as stated by the applicant.
4. The hours of operation are 7:00 a.m. to 8:00 p.m., Monday through Friday, as stated by
the applicant.
5. A Flood Hazard Development Permit (FHDP14-0055) has been approved for this use, and
is required for all construction or development occurring in the floodplain or floodway as
delineated on Federal Emergency Management Agency (FEMA) DFIRM Community
Panel Map #080123C-1528E (no effective date) (Cache la Poudre Floodplain). Any
development shall comply with all applicable Weld County requirements, Colorado Water
Conservation Board requirements as described in Rules and Regulations for Regulatory
Floodplains in Colorado, and FEMA regulations and requirements as described in 44 CFR
parts 59, 60, and 65. The FEMA definition of development is any man-made change to
improved or unimproved real estate, including, but not limited to, buildings or other
structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or
storage of equipment and materials.
6. A long term Maintenance and Improvements Agreement approved by the Board of County
Commissioners (document number 930714, recorded 11/10/93) will apply to this site.
7. 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.
8. The historical flow patterns and runoff amounts will be maintained on the site.
9. Weld County is not responsible for the maintenance of on-site drainage related features.
10. This site is located in a State Designated, Municipal Separate Storm Sewer System (MS4)
Area which may trigger specific water quality requirements or other drainage
improvements if the lot develops further.
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11. 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.
12. 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.
13. 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 facility shall operate in accordance with the accepted Waste Handling
Plan, the accepted Soil Screening Plan, and with Chapter 14, Article 1 of the Weld
County Code, at all times.
14. Fugitive dust shall attempt to be confined on the property. The facility should operate in
accordance with the accepted Dust Abatement Plan. Uses on the property shall comply
with the Colorado Air Quality Commission's Air Quality Regulations.
15. 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.
16. 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.
17. 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 secure, on an impervious surface, and in accordance with manufacturer's
recommendations.
18. The facility shall comply with all provisions of the Colorado Department of Labo
r and
Employment Division of Oil and Public Safety Underground and Above Ground Storage
Tank Regulations, as applicable.
19. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
20. 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.
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21. A building permit 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; 2011 National Electrical Code. A building permit
application must be completed and two 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 registered State of Colorado 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.
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. 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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