HomeMy WebLinkAbout20150246.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR14-0064, FOR ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (A SHOP, EMPLOYEE AND COMMERCIAL TRUCK
PARKING) 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 - CENTENNIAL TOOLS AND SERVICE, LLC,
C/O JOSE GONZALEZ AND AURELIO GONZALEZ
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 28th day
of January, 2015, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Centennial Tools and Service, LLC, c/o Jose Gonzalez, P.O. Box 286,
Kersey, CO 80644, and Aurelio Gonzalez, P.O. Box 203, Kersey, CO 80644, for a Site Specific
Development Plan and Use by Special Review Permit, USR14-0064, for any Use permitted as a
Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone
Districts (a shop, employee and commercial truck parking) 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-4314; being part
of N1/2 SE1/4 of Section 10, Township 4 North,
Range 64 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present, as was their representative,
Kurtis Williams, JR Engineering, LLC., 7200 South Alton Way, Suite C400, Centennial, CO
80112, 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:
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SPECIAL REVIEW PERMIT (USR14-0064) - CENTENNIAL TOOLS AND SERVICE, LLC, C/O
JOSE GONZALEZ AND AURELIO GONZALEZ
PAGE 2
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.
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"
and 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."The
applicant is requesting a Use by Special Review Permit for a shop and
employee and commercial truck parking. The application materials state
that there are six (6) full-time employees and there will be five (5) pickup
trucks leaving the site twice per day and two (2) semis leaving once per
day. There is no outdoor storage of materials on the site.
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 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 (a shop, employee
and commercial truck parking) 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 23-2-230.6.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The adjacent lands
consist of pastures, crops, and rural residences. The closest residence is
approximately 160 feet south of the south property line. There are no Use
by Special Review Permits within one (1) mile of this site. The Weld
County Department of Planning Services has not received any
correspondence from the surrounding property owners that object to this
Use by Special Review (USR). The attached Conditions of Approval and
Development Standards for this proposal will assist in mitigating the
impacts of the facility on the adjacent properties.
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 not located within a three (3) mile referral area
of any municipality, nor is it located within any existing Intergovernmental
Agreement Area (IGA) of a municipality.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. The existing site is within the
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SPECIAL REVIEW PERMIT (USR14-0064) - CENTENNIAL TOOLS AND SERVICE, LLC, C/O
JOSE GONZALEZ AND AURELIO GONZALEZ
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County-Wide Road Impact Fee Area and the Capital Expansion Impact
Fee area. The site is in a Special Flood Hazard Area. 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 soils designated as
"Prime (Irrigated)" per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. The proposed Use by Special Review
(USR) will take approximately eight (8) acres of Prime (Irrigated)
Farmland out of production.
G. Section 23-2-230.6.7 -- There is adequate provisions for the protection of
the health, safety, and welfare of the inhabitants of the neighborhood and
County. 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 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 Centennial Tools and Service, LLC, c/o Jose
Gonzalez and Aurelio Gonzalez, for a Site Specific Development Plan and Use by Special
Review Permit, USR14-0064, for any Use permitted as a Use by Right, Accessory Use, or Use
by Special Review in the Commercial or Industrial Zone Districts (a shop, employee and
commercial truck parking) 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 map:
A. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR14-0064.
2) The attached Development Standards.
3) The map shall be prepared per 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.
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SPECIAL REVIEW PERMIT (USR14-0064) - CENTENNIAL TOOLS AND SERVICE, LLC, C/O
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PAGE 4
5) County Road (CR) 57 is designated on the Weld County Road
Classification Plan as a local gravel road, which requires 60 feet of
right-of-way at full buildout. The applicant shall verify the existing
right-of-way and the documents creating the right-of-way and this
information shall be noted on the map. All setbacks shall be
measured from the edge of future right-of-way. This road is
maintained by Weld County.
6) The applicant shall show the approved access(es) on the map and
label with the approved Access Permit Number(AP14-00374).
7) The applicant shall show and label tracking control onto publically
maintained roadways on the map.
8) The applicant shall show the accepted water quality feature on the
map and label as "Water Quality Feature, No-Build or Storage
Area."
9) The applicant shall show and label the floodplain/floodway limits
on the 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.
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SPECIAL REVIEW PERMIT (USR14-0064) - CENTENNIAL TOOLS AND SERVICE, LLC, C/O
JOSE GONZALEZ AND AURELIO GONZALEZ
PAGE 5
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. The applicant may
contact the 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
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
WELD COUNTY, COL RADO
ATTEST: da t (1 , l ; I, 4aVakia— �c�,
U,�I�NJ $ �Cl� tc Barbara Kirkmeyer, hair
Weld County Clerk to the Board
( ktom-aili0. `--
• Mike Freeman, Pro-Tem
BY:
De,'ut►, Clerk to the oard,I� 1'. / A --- -
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APPROVED AS TO FORM: ( 1161 �•� ,11.A.;
�� 1 �Rie%.. Cozad Co
County Attorney ��l' '\ � /7-1`T✓ --LIZ +�-ice
Steve Moreno
Date of signature: a/17
2015-0246
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CENTENNIAL TOOLS AND SERVICE, LLC,
C/O JOSE GONZALEZ AND AURELIO GONZALEZ
USR14-0064
1. A Site Specific Development Plan and Use by Special Review Permit, USR14-0064, is
for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in
the Commercial or Industrial Zone Districts (a shop, employee and commercial truck
parking) 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, 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. All construction or improvements occurring in the floodplain or floodway, as delineated
on Federal Emergency Management Agency (FEMA) FIRM Community Panel
Map#080266-0775C, dated September 28, 1982, 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.
4. 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.
5. The historical flow patterns and runoff amounts will be maintained on the site.
6. Weld County is not responsible for the maintenance of on-site drainage related features.
7. There shall be no parking or staging of vehicles on County roads. On-site parking shall
be utilized.
8. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, 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.
9. 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
10. 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.
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DEVELOPMENT STANDARDS (USR14-0064) -CENTENNIAL TOOLS AND SERVICE, LLC,
C/O JOSE AND AURELIO GONZALEZ
PAGE 2
11. 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.
12. 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.
13. 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.
14. Sewage disposal shall be by septic system when the number of full-time on-site
employees exceeds two (2). Any septic system located on the property must comply
with all provisions of the Weld County Code pertaining to On-site Wastewater Treatment
Systems.
15. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes when the number of full-time on-site employees exceeds two (2).
16. 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 full-time employees on-site, 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. All chemicals must be stored secure, on an impervious surface,
and in accordance with manufacturer's recommendations.
18. Processed 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.
19. The applicant shall obtain a Colorado Discharge Permit System (CDPS) from the
Colorado Department of Public Health and Environment (CDPHE), Water Quality Control
Division, as applicable.
20. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
21. 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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DEVELOPMENT STANDARDS (USR14-0064) -CENTENNIAL TOOLS AND SERVICE, LLC,
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22. 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.
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 plat and recognized at all times.
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