HomeMy WebLinkAbout20151456.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR15-0015, FOR A HOME BUSINESS (PARKING FOR UP TO FOUR (4)
COMMERCIAL VEHICLES ALONG WITH OCCASIONAL ON-SITE VEHICLE
MAINTENANCE (OIL CHANGES)) IN THE A (AGRICULTURAL) ZONE DISTRICT -
JESUS AND MARGARITA HERNANDEZ
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 27th 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 Jesus and Margarita Hernandez, 33057 CR 49, Greeley, CO 80631,
for a Site Specific Development Plan and Use by Special Review Permit, USR15-0015, for a
Home Business (parking for up to four (4) commercial vehicles along with occasional on-site
vehicle maintenance (oil changes)) in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
Lot A of Recorded Exemption, RE-3062; being part
of the SE1/4 of Section 13, Township 6 North,
Range 65 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 23-2-230.6 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.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." Hours of Operation, noise limits and
et'CRS PL;+11-)4PP1- 62/11,
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lighting standards are proposed to address/mitigate any potential
impacts with this proposed use.
B. Section 23-2-230.6.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-40.P of the Weld County Code allows for Home
Businesses as a Use by Special Review in the A (Agricultural)
Zone District.
C. Section 23-2-230.6.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. Cropland is located to
the north and west of the site. The nearest single family residence is
located approximately 400 feet to the southeast of the site.
D. Section 23-2-230.6.4 -- 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. No referral response from the City of Greeley has
been received in response to this case.
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.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 3.99
acres delineated as "Prime," per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map. No additional structures are
proposed to be constructed and/or installed of this site per this
application.
G. Section 23-2-230.6.7 -- 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 Jesus and Margarita Hernandez, for a Site
Specific Development Plan and Use by Special Review Permit, USR15-0015, for a Home
Business (parking for up to four (4) commercial vehicles along with occasional on-site vehicle
maintenance (oil changes)) in 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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1. Prior to recording the map:
A. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR15-0015.
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) 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) 49 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. All setbacks shall
be measured from the edge of future right-of-way. This road is
maintained by Weld County.
6) Show and label the access(es) with the approved Access Permit
Number, AP15-00139.
7) Show and label the approved tracking control onto publicly
maintained roadways.
8) Show the accepted water quality feature with volume and label as
WATER QUALITY FEATURE, NO-BUILD OR STORAGE AREA.
9) Show and label the accepted drainage features, drainage flow
arrows, turning radii, and parking circulation.
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 map not be recorded within the required one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution, a
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$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. 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 27th day of May, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, C:JLORADO
ATTEST: C��t Cam( ��
C1.G�W.i ,Barbara Kirkmey r Chair f
Weld County Clerk to the Board 4
" � nn � • Mike Freeman, Pro-Tem
BY. tA4� 6) •I • i •- �?
D y Clerk to the B and ssia /�
• E ft adit ;�nn P. Conway_ �� �/ /)
APPROVED AS TO FORM: I 'a` r, e (��% /?�
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? .% P *A.
is� Cozad
Alf
County torney V W " MUSED
®(��°� +tve Moreno
Date of signature: VC)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JESUS AND MARGARITA HERNANDEZ
USR15-0015
1. A Site Specific Development Plan and Use by Special Review Permit, USR15-0015, is
for a Home Business (parking for up to four (4) commercial vehicles along with
occasional on-site vehicle maintenance (oil changes)) 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 parking on the site shall be maintained.
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 I, of the
Weld County Code.
7. Fugitive dust should 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 District, 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. As 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.
10. 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.
11. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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12. 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.
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. Weld County is not responsible for the maintenance of on-site drainage related features.
16. There shall be no parking or staging of vehicles on County roads. On-site parking shall
be utilized.
17. There shall be no tracking of dirt or debris from the site onto publically maintained roads.
The applicant is responsible for mitigation of any off-site tracking and maintaining on-site
tracking control devices.
18. 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.
19. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
20. 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.
21. 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.
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22. 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.
23. 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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