HomeMy WebLinkAbout20150078.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR14-0039, FOR ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (HEAVY EQUIPMENT, TRUCKING AND TRUCK
REPAIR SHOP, ALONG WITH OUTSIDE EQUIPMENTNEHICLE STORAGE AND
STAGING) 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- EUDEN AND BIANCA BALDERRAMA
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 29th day
of October, 2014, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Euden and Bianca Balderrama, 15643 Morris Avenue, Ft. Lupton, CO
80621, for a Site Specific Development Plan and Use by Special Review Permit, USR14-0039,
for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (heavy equipment, trucking and truck repair shop, along
with outside equipment/vehicle storage and staging) 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 B of Recorded Exemption, RE-4704; being part
of the SW1/4 of Section 22, Township 2 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing the Board deemed it advisable to continue said matter until
December 17, 2014, to allow adequate time for the applicant to present at the Weld County
Planning Commission scheduled for November 4, 2014, and then again to January 28, 2015, to
allow the applicants' newly hired consultant adequate time to review the case file and prepare a
presentation, and
WHEREAS, on January 28, 2015, the applicant was present and represented by
Deanne Fredrickson of 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
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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 23-2-230.6.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20.G.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 heavy
equipment - trucking and truck repair shop along with outside
equipment/vehicle storage and staging facility is presently in
operation on site and is located in an area that allows good
access to the oil field and construction areas.
2) Section 22-2-100.E (C.Goal 5) states: "Minimize the
incompatibilities that occur between commercial uses and
surrounding properties." The proposed facility is a flagpole
configuration with a thirty foot in width access north of County
Road (CR) 18 with a majority of land located north to the half
section line. Given correspondence received from surrounding
property owners, 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 as Conditions of Approval prior to
recording the USR map. The hours of operation for maintenance
and on-site commercial activity will be restricted per the
Development Standards. This is considered to be a nonurban
commercial-industrial use as the site is proposed to be served by
a commercial well and septic systems.
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
Code lists any Use permitted as a Use by Right, Accessory Use, or Use
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by Special Review in the Commercial or Industrial Zone Districts (heavy
equipment and truck repair shop, along with outside equipment/vehicle
storage and staging) 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 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. The surrounding
properties north of CR 18 were created by Recorded Exemption and are
of varying size, with several encumbered by Special Use Permits,
including numerous kennels, a home business for semi-tractor trailer
parking and an oil and gas office and storage facility. There are several
residences in the immediate area, two residences located to the
northwest of the current parking area are 590 feet and 890 feet
respectively; a residence is also located approximately 510 feet to the
south and a fourth residence is located approximately 600 feet to the
southwest. Distances are substantially closer to residences to the
northwest if the northern part of the property is utilized for the business.
As previously stated, the applicant will be required to provide 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,
exhaust, headlight sweep of residences onto neighboring properties, and
a Lighting Plan to direct lights downward and away from neighboring
properties as Conditions of Approval prior to recording the USR plat.
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 Fort Lupton. The City of Fort Lupton returned a referral dated
August 21, 2014, stating prior to moving forward, the City requests the
applicant meet to discuss annexation. The City also had concerns about
the applicant's uses and impacts to CR 18 and other City streets being
utilized.
E. Section 23-2-230.6.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. The existing site is not located within
the Floodplain, Airport or Geologic hazard areas. 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
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proposed use. The proposed facility is located on approximately 22.23
acres designated "Other," per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map.
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 Euden and Bianca Balderrama, for a Site
Specific Development Plan and Use by Special Review Permit, USR14-0039, for for any Use
permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (heavy equipment, trucking and truck repair shop, along with outside
equipment/vehicle storage and staging) 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. The applicant shall submit a revised Waste Handling Plan, for approval,
to the Environmental Health Services Division of the Weld County
Department of Public Health and Environment (WCDPHE). The plan shall
include disposal/recycling of batteries and other scrap parts generated
from vehicle maintenance, including the names, telephone numbers and
addresses of the waste handlers and disposal/recycling facilities.
B. The applicant shall address the requirements/concerns of Kerr-McGee Oil
and Gas OnShore LP, as stated in the referral response dated August 20,
2014. Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
C. The applicant shall attempt to address the requirements/concerns of the
Fort Lupton Fire Protection District, as stated in the referral response
dated July 24, 2014. Written evidence of such shall be submitted to the
Weld County Department of Planning Services.
D. The applicant shall address the requirements/concerns of the Department
of Public Works — Access Permit Division, as stated in the referral
response dated August 14, 2014. Written evidence of such shall be
submitted to the Weld County Department of Planning Services.
E. The applicant shall address the requirements/concerns of the State of
Colorado, Division of Water Resources, as stated in the referral response
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dated July 28, 2014. Written evidence of such shall be submitted to the
Weld County Department of Planning Services.
F. The applicant shall attempt to address the requirements/concerns of
Public Service Company of Colorado, as stated in the referral responses
dated August 20, and August 21, 2014. Written evidence of such shall be
submitted to the Weld County Department of Planning Services.
G. The applicant shall attempt to address the requirements/concerns of the
City of Fort Lupton, as stated in the referral response dated August 21,
2014. Written evidence of such shall be submitted to the Weld County
Department of Planning Services.
H. The applicant shall submit written evidence of a commercial well/water
tap to the Department of Planning Services and the Department of Public
Health and Environment.
The applicant shall provide evidence to the Department of Planning
Services that all noncommercial junkyard items, including tires, metal
drums, and miscellaneous materials located on the property are screened
from all adjacent properties and public rights-of-way, or have been
removed from the property.
J. The applicant shall submit a Lighting Plan to the Department of Planning
Services, for review and approval. Any lighting poles and lamps shall
comply with Section 23-3-360.F which states, in part, that: "any lighting
shall be designed, located, and operated in such a manner as to meet the
following standards: sources of light shall be shielded so that beams or
rays of light will not shine directly onto adjacent properties."
K. The applicant shall submit a Landscape/Screening Plan to the
Department of Planning Services for review and approval. All parking
areas shall be screened from adjacent properties and public
rights-of-way.
L. The applicant shall submit a Signage Plan to the Department of Planning
Services, for review and approval, if signage is desired. Signs shall be in
compliance with Chapter 23, Article IV, Division II and Appendices 23-C,
23-D and 23-E of the Weld County Code.
M. The applicant shall submit an updated Parking Plan to the Department of
Planning Services for review and approval. This updated Parking Plan
shall show the dimensions of the drives and the parking stalls, including
the ADA parking stalls. The applicant shall comply with Appendix 23-B of
the Weld County Code and the Section 208 of the 2010 Americans with
Disability Act and provide an adequate number of parking stalls. Further,
the applicant shall delineate curb stops for the parking spaces shown on
the Use by Special Review map.
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N. The applicant shall submit a letter to request the vacation of SUP-103 for
a Kennel and USR-1516 for a 200 animal Greyhound Kennel that
currently encumbers the property, to be approved by the Board of
Commissioners.
O. An Improvements Agreement will be required for this site. Road
maintenance, including damage repairs and triggers for improvement, will
be a part of the Agreement (trucking and haul route).
P. Standard tracking control or approved alternate method is required onto
CR18.
Q. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR14-0039.
2) The attached Development Standards.
3) The plat 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. Areas used for storage or trash collection
shall be screened from adjacent properties and public
rights-of-way. These areas shall be designed and used in a
manner that will prevent trash from being scattered by wind or
animals.
5) The approved Landscape/Screening Plan.
6) The approved Lighting Plan.
7) The approved Signage Plan.
8) The approved Parking Plan.
9) County Road (CR) 18 is designated on the Weld County Road
Classification Plan as a collector road, which requires 80 feet of
right-of-way at full buildout. The applicant shall verify and
delineate on the map 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.
10) The applicant shall show the approved access on the map and
label with the approved Access Permit Number (AP14-00326).
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11) The oil and gas setback radiuses for existing wellheads and tank
batteries on the site shall be indicated in accordance with Section
23-3-50.E of the Weld County Code.
12) The applicant shall show the Public Service Company Easement
adjacent to the north property line.
13) The applicant shall show WQCV, cubic feet volume on plat.
Provide calculations for review with the drainage engineer.
14) The applicant shall show on the plat the approved tracking control.
15) A 60-foot minimum radii and 24-36 foot wide clear access width
meeting the Weld County Criteria for Commercial/Industrial
Accesses is required.
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 USR 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.
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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 28th day of January, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COL RADO
ATTEST: (d Cd d. / l Q Chair d��
C�/j �Cllo K arbara Kirkmeyer Chair
Weld County Clerk to the Board _ --
`'S � �^��-c
/n/ _ Mike Freeman, Pro-Tem
�[,4u.10_ r7 U IA/ �O ��. C-
De u Clerk to the Boardej \4. ainiclaN
fa 40, Van P. Conway
APPROVED S TO FORM. We*IPA __ „ C/_
`r `w tiiee A. Cozad
ei rif
County Attorney `� �-
Steve Moreno
Date of signature: x/18
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
EUDEN AND BIANCA BALDERRAMA
USR14-0039
1. The Site Specific Development Plan and Use by Special Use Permit, USR14-0039, is for
any Use permitted as a Use by Right, Accessory use, or Use by Special Review in the
Commercial or Industrial Zone Districts (heavy equipment - trucking and truck repair
shop along with outside equipment/vehicle storage and staging), provided that the
property is not a lot in an approved or recorded subdivision plat or parts 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 hours of operation are 6:00 a.m. to 10:00 p.m., Monday through Friday, and
8:00 a.m. to 10:00 p.m. Saturday through Sunday.
4. The number of semi-trucks related to the business shall be limited to ten (10).
5. 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.
6. 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.
7. 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 the approved Waste Handling
Plan, at all times.
8. Any vehicle or equipment washing areas shall capture all effluent and prevent
discharges in accordance with the rules and regulations of the Water Quality Control
Commission, and the Environmental Protection Agency.
9. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The
facility shall be operated in accordance with the approved Dust Abatement Plan, at all
times.
10. 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.
11. 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
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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 (WCDPHE). Portable toilets shall be
serviced by a cleaner licensed in Weld County and shall contain hand sanitizers.
12. Sewage disposal shall be by septic system for the residence and shop. Any septic
system located on the property must comply with all provisions of the Weld County
Code, pertaining to Individual Sewage Disposal Systems (I.S.D.S.)
13. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes for the residence and shop. The facility shall utilize the private water supply.
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. Process wastewater, such as floor drain wastes, shall be captured in a watertight vault
and hauled off for proper disposal. Records of installation, maintenance, and proper
disposal shall be retained.
16. The applicant shall obtain a Colorado Discharge Permit System (CDPS) Permit from the
Colorado Department of Public Health and Environment (CDPHE), Water Quality Control
Division, as applicable.
17. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
18. 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.
19. The screening/landscaping/parking/signage/lighting on the site shall be maintained in
accordance with the approved Screening/Landscape/Parking/Signage/Lighting Plans.
20. 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.
21. The historical flow patterns and runoff amounts will be maintained on the site.
22. There shall be no parking or staging of vehicles on County roads. On-site parking shall
be utilized.
23. 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
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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.
24. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
25. 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.
26. 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.
27. 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.
28. 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 plat and recognized at all times.
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