HomeMy WebLinkAbout20153997.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR15-0052, FOR ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (CONCRETE CONSTRUCTION COMPANY),
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 ADDITIONAL
GREATER THAN 16-SQUARE-FOOT WALL MOUNTED SIGN IN THE
A (AGRICULTURAL) ZONE DISTRICT- L.E.C. CONSTRUCTION, LLC
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 30th day of
December, 2015, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of L.E.C. Construction, LLC, 226 53rd Avenue, Greeley, CO 80634, for a
Site Specific Development Plan and Use by Special Review Permit, USR15-0052, for any Use
permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (concrete construction company), 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 additional greater than 16-square-foot wall mounted
sign in the A (Agricultural) Zone District, on the following described real estate, being more
particularly described as follows:
Lot B of Recorded Exemption, RE-2977; being part
of the SW1/4 SE1/4 of Section 19, Township 5
North, Range 64 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
for the following reasons:
n having been fully informed, finds that this request shall be approved
and, q
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 22-2-100.A (C.Goal 1) states: "Promote the location of
commercial uses within municipalities, County Urban Growth
Boundary areas, Intergovernmental Agreement urban growth
areas, growth management areas as defined in municipal
comprehensive plans, the Regional Urbanization Areas, Urban
Development Nodes or where adequate services are currently
available or reasonably obtainable."The property is located outside
of the current Intergovernmental Agreement Area (IGA) for the
Town of Kersey. The Town, in the referral dated August 28, 2015,
stated "This property is within the Kersey Planning Area. The Town
of Kersey has discussed annexation of the property with the
applicant. Please note in the file, that Kersey requests the applicant
revisit annexation of the property when the property is eligible for
annexation."
2) Section 22-2-20.G.2 (A.Policy 7.2) states: "Conversion of
agricultural/and 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 land that L.E.C. Construction,
LLC, is proposing to convert to a commercial and industrial use is
located on non-irrigated agricultural land within a mile of the Town
of Kersey. The proposed construction business is centrally located
near the County Road (CR) 49 and U.S. Highway 34 corridors.
There are three residences immediately adjacent to the east, a
single residence adjacent to the west and two residences located
to the southeast of the property. The Department of Planning
Services staff will be requiring screening for the outdoor storage
component associated with this use. Conditions of Approval and the
Development Standards associated with this facility will ensure that
the proposed use is compatible with the vicinity and region.
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.S provides for any Use
permitted as a Use by Right, Accessory Use, or Use by Special Review in
the Commercial or Industrial Zone Districts, 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.
C. Section 23-2-230.B.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. Surrounding land uses are
predominately large tract agricultural properties to the south of CR 54. M&J
Dairy currently occupies these lands. Smaller agricultural zoned lands with
residences are located to the east and west and the Latham Ditch borders
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the property to the north. The Department of Planning Services has not
received any inquiries from surrounding property owners concerning this
land use application. The Conditions of Approval require screening of the
outdoor storage and the Development Standards will address the on-site
lighting.
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 Kersey. As previously stated, the Town is interested in the
annexation of the property when the property is eligible for annexation. The
Platte Valley Fire Protection District is requesting that the applicant install
a hydrant on the left side of the property facility driveway.
E. Section 23-2-230.6.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. The property is not within the Geologic
Hazard Overlay District, the Flood Hazard Overlay District or the Airport
Overlay District. Building permits issued on the property 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 12 acres of"Other"
Service Important lands, per the 1979 Soil Conservationortant Farmlands of p
Weld County Map. The property historically has been in pasture, however,
at the time of this land use application, there is no irrigation water
associated with the property
G. Section 23-2-230.B.7 — There is adequate provisions for the protection of
the health, safety, and welfare of the inhabitants of the neighborhood and
Standards (Section 23-2-240, Weld County Code),
County. The Design )
n Code), Co
nditions of
r (Section 23-2-250,Weld County
Operation StandardsY
p
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 L.E.C. Construction, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR15-0052, for any Use permitted as a
Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone
Districts (concrete construction company), 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 additional greater than 16-square-foot wall mounted sign in the
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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 Map:
A. The map shall be amended to delineate the following:
1) All sheets of the Map shall be labeled USR15-0052.
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) The parking and outdoor storage shall be screened from existing
adjacent residences.
6) The Lighting Plan shall be shown on the map in accordance with
Section 23-3-250.B.6 of the Weld County Code.
7) CR 54 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
map the future and 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 right-of-way. This road is maintained
by Weld County.
8) Show and label the approved access(es) and Access Permit
Number (AP15-00450) on the map.
9) The Platte Valley Fire Protection District hydrant shall be shown on
the map.
10) Show and label the three (3), 500-gallon fuel tanks held within the
concrete containment area on the map.
11) Show and label the 18 employee parking spaces and one
non-ambulatory parking space with wheel stops on the map.
Identify parking areas for the company trucks, trailers, forms and
equipment.
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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 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. The approved access and tracking control shall be constructed prior to
on-site construction.
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
6. Within one month of operation:
A. The applicant shall develop an Emergency Action and Safety Plan with the
Office of Emergency Management and the Fire District. The plan shall be
reviewed on an annual basis by the Facility operator, the Fire District and
the Weld County Office of Emergency Management. Submit evidence of
acceptance to the Department of Planning Services.
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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 30th day of December, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, C LORADO '
ATTEST: s4 ,�,/ ll L
•aC,lloK Barbara Kirkmey r, Chair
Weld County Clerk to the Bo. •!�"''�.�
Mike Freeman, Pro-Tern
Deputy Clef to the B• � t ���� EXCUSED
Sean P. Conway
AP' ' • A •n%'M:�► �,I - -aeot,
` Ju a A. ozad
o( ty Attorney s_7/l 1-e--.�.�
Steve Moreno
Date of signature: 174/11,
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PL2387
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
L.E.C. CONSTRUCTION, LLC
USR15-0052
1. The Site Specific Development Plan and Use by Special Review Permit, USR15-0052, is
for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (concrete construction company), 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 additional
greater than 16-square foot wall mounted sign 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 4:30 a.m. — 8:00 p.m., Monday — Saturday, as stated by the
applicant(s).
4. The parking and screening on the site shall be maintained.
5. The number of employees shall be restricted to eighteen (18), as stated by the applicant.
6. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2
and Appendices 23-C, 23-D and 23-E of the Weld County Code, with the exception of the
additional greater than 16-square-foot wall mounted sign.
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. This facility shall adhere tote pe
rmissible maximum noise levels allowed in the
Non-Specified Zone, as delineated in Section 14-9-30 of the Weld County Code.
12. 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, portable toilets and bottled water are acceptable.
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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. Sewage disposal shall be by septic system. Any septic system located on the property
must comply with all provisions of the Weld County Code, pertaining to On-site
Wastewater Treatment Systems. A permanent, adequate water supply shall be provided
for drinking and sanitary purposes.
14. 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.
15. The facility shall comply with all provisions of the State Underground and Above Ground
Storage Tank Regulations.
16. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
17. 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.
18. 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.
19. The site shall be maintained to mitigate any impacts to the public road including damages
and/or off-site tracking.
20. There shall be no parking or staging of vehicles on public roads. On-site parking shall be
utilized.
21. The historical flow patterns and runoff amounts will be maintained on the site.
ICounty is not responsible for the maintenance of on-site drainage related features.
22. Weld 9
P
23. The property owner or operator shall provide written evidence of an approved Emergency
Action and Safety Plan on or before March 15th of any given year signed by
County Office of Emergency
representatives for the Fire District and the Weld g Y
Management to the Department of Planning Services.
24. 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
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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.
25. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
26. 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.
27. 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.
28. 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.
29. 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
30. 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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