HomeMy WebLinkAbout20151266.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR15-0009, FOR USES SIMILAR TO THE USES LISTED AS USES BY
SPECIAL REVIEW IN THE A (AGRICULTURAL) ZONE DISTRICT (TRUCKING
COMPANY, ALONG WITH OUTSIDE EQUIPMENT/VEHICLE STORAGE AND
STAGING), AS LONG AS THE USE COMPLIES WITH THE GENERAL INTENT IN
THE A (AGRICULTURAL) ZONE DISTRICT- DANIEL AND REBECCA GUZMAN
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 13th day
of May, 2015, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Daniel and Rebecca Guzman, P.O. Box 1087, Greeley, CO 80632, for
a Site Specific Development Plan and Use by Special Review Permit, USR15-0009, for Uses
similar to the Uses listed as Uses By Special Review in the A (Agricultural) Zone District
(trucking company, along with outside equipment/vehicle storage and staging), as long as the
Use complies with the general intent in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
Lot 1 of Union Colony Subdivision; being part of the
NE1/4 SW1/4 of Section 9, Township 5 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present, and represented by Deanne
Frederickson, 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.
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 23-2-230.6.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
n
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1) Section 23-2-20.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.3 (A.Policy 7.3) states: "Conversion of
agricultural land to urban residential, commercial and industrial
uses should be considered when the subject site is located inside
an Intergovernmental Agreement area, Urban Growth Boundary
area, Regional Urbanization Area or Urban Development Nodes,
or where adequate services are currently available or reasonably
obtainable." A municipality's adopted comprehensive plan should
be considered, but should not determine the appropriateness of
such conversion. The property is located in the City of Greeley's
Long Range Expected Growth Area, a designated area where the
City anticipates development occurring in the next twenty plus
years. In development of the site, the Greeley referral comments
address preferred site improvements, many of which are
addressed as requirements prior to recording the USR map.
3) Section 22-2-100.E (C.Goal 5) states: "Minimize the
incompatibilities that occur between commercial uses and
surrounding properties." The proposed facility is located at the
intersection of East 16th Street and Balsam Avenue. An approved
Access Permit delineates a shared access for the residence and
business from Balsam Avenue. As Conditions of Approval, the
applicant will be required to submit a Screening Plan to screen
outdoor storage/staging of vehicles, a Parking Plan to address
parking location on the property to mitigate the impacts of noise
and exhaust onto neighboring properties, and a Lighting Plan to
direct lights downward and away from neighboring properties.
B. Section 23-2-230.6.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.W lists Uses similar to
the Uses listed as Uses by Special Review in the A (Agricultural) Zone
District (trucking company along with outside equipment/vehicle storage
and staging of vehicles associated with Guzman trucking), as long as the
Use complies with the general intent of 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 surrounding land
uses include two trucking operations to the north (SPR14-0016 and
USR-1726; a concrete batching operation (SPR-217) and vehicle storage
and parking area for oilfield equipment (SPR-350); to the south is for
vehicle storage (SPR-353); and to the east is a trash business and
parking for trucks and containers (USR-1108). There are several
residences in the immediate area, with residences located adjacent to the
property in each direction. As previously stated, a Screening Plan is
required to screen outdoor storage/staging of vehicles, a Parking Plan to
address parking location on the property to mitigate the impacts of noise,
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exhaust, and headlight sweep of residences onto neighboring properties,
and a Lighting Plan to direct lights downward and away from neighboring
properties as a Condition of Approval prior to recording the USR map. As
of April 15, 2015, the Department of Planning Services has not received
any comments from surrounding property owners with concerns or
comments on this land use application.
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 three (3) miles of the Cities of
Greeley, Garden City, Evans and Town of Kersey. The City of Greeley
returned a referral, dated March 10, 2015, stating that the property was
located in the City of Greeley's Long Range Expected Growth Area and
the City anticipates community development occurring in this area in the
next 20 years. Additional comments addressed site development and a
request for future right-of-way on both East 16th Street and Balsam
Avenues. The City of Garden City, in the referral dated February 13,
2015, and the Town of Kersey, in the referral dated February 18, 2015,
indicated no conflict with their interests. The City of Evans did not
respond to the referral request.
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 Floodplain or Geologic Hazard Area. It is located in the Airport
Overlay Area associated with the Greeley-Weld County Airport. 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 four (4)
acres designated as "Other," per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map.
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 Daniel and Rebecca Guzman, for a Site Specific
Development Plan and Use by Special Review Permit, USR15-0009, for Uses similar to the
Uses listed as Uses by Special Review in the A (Agricultural) Zone District (trucking company,
along with outside equipment/vehicle storage and staging), as long as the Use complies with the
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general intent 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 USR map:
A. The applicant shall acknowledge the concerns of the City of Greeley, as
stated in the referral response dated March 10, 2015.
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR15-0009.
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) Balsam 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 on the plat the future and existing right-of-way and
the documents creating the existing right-of-way. If the existing
right-of-way cannot be verified, it shall be dedicated. All setbacks
shall be measured from the edge of the future right-of-way. This
road is maintained by Weld County.
5) East 16th Street 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 on the plat the future and existing right-of-way and
the documents creating the existing right-of-way. If the existing
right-of way-cannot be verified, it shall be dedicated. All setbacks
shall be measured from the edge of the future right-of-way. This
road is maintained by Weld County.
6) East 16th Street and Balsam Avenue are identified on the City of
Greeley's 2035 Transportation Plan as two-lane collector
roadways requiring 80 feet of total right-of-way. Delineate ten feet
of future right-of-way on the south side of East 16th Street and
delineate ten feet of future right-of-way on the west side of Balsam
Avenue. These roads are maintained by Weld County.
7) The applicant shall show the approved access(es) on the plat and
label with the approved Access Permit Number (AP15-00084).
8) The applicant shall show and label standard tracking control onto
publically maintained roadways on the map.
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9) The applicant shall show the accepted water quality feature on the
map with volume and label as "Water Quality Feature, No-Build or
Storage Area."
10) The applicant shall show and label the accepted drainage
features, drainage flow arrows, turning radii, and parking and
circulation on the map.
11) The applicant shall show any proposed gate back a minimum of
75 feet from the right-of-way.
12) The applicant shall show and label the screened trash collection
area. Section 23-3-350.H of the Weld County Code addresses the
issue of trash collection areas.
13) The applicant shall show and label the Screening on the USR
Map.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
an electronic version (.pdf), or one (1) paper copy, of the plat to the Weld County
Department of Planning Services for preliminary approval. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. 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 and additional requirements shall be submitted within one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution. The
Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder
by the Department of Planning Services. 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.
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6. Prior to Operation:
A. Construction of the approved access and/or tracking control
improvements is required.
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
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 13th day of May, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, OLORADO
ATTEST(. f1
a1j G JCS K Barbara Kirk eyer, C air
Weld County Clerk to the Board ,
Mike Freeman, Pro-Tem
•
Dep t'Clerk to the Bo-rd
Sean P. Conw y /,
APPR•P r TO ;ORM: f 1 AA; £1 .a
' " ie A. Cozad
ou rney %r. .
ref , .\ r:teve Moreno
Date of signature:
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DANIEL AND REBECCA GUZMAN
USR75-0009
1. A Site Specific Development Plan and Use by Special Use Permit, USR15-0009, is for
Uses similar to the Uses listed as Uses By Special Review in the A (Agricultural) Zone
District (trucking company, along with outside equipment/vehicle storage and staging),
as long as the Use complies with the general intent of 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 6:00 a.m. — 6:00 p.m., Monday — Sunday, as stated by the
applicant(s).
4. 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.
5. 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.
6. 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.
7. Fugitive dust shall attempt to be confined on the property. Uses on the property should
comply with the Colorado Air Quality Commission's air quality regulations.
8. 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.
9. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. For employees or contractors on-site for less than two
(2) consecutive hours a day and two (2) or less employees, 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.
10. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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11. 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.
12. The screening/parking on the site shall be maintained.
13. 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.
14. The historical flow patterns and runoff amounts will be maintained on the site.
15. There shall be no parking or staging of vehicles on County roads. On-site parking shall
be utilized.
16. There shall be no tracking of dirt or debris from the site onto publically maintained roads.
The applicant is responsible for mitigation of any offsite tracking and maintaining on-site
tracking control devices.
17. 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 2011 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.
18. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
19. 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.
20. 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.
21. The property owner or operator shall be responsible for complying with all of the
foregoing Development Standards. Noncompliance with any of the foregoing
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Development Standards may be reason for revocation of the Permit by the Board of
County Commissioners.
22. 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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