HomeMy WebLinkAbout20151561.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR15-0022, FOR ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (LANDSCAPE TURF INSTALLATION, 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 MAP OR PART OF A MAP OR PLAN
FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING
SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT - RYAN GALLATIN
AND KAY COLLINS
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 17th day
of June, 2015, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Ryan Gallatin and Kay Collins, 19300 CR 29, Eaton, CO 80615, for a
Site Specific Development Plan and Use by Special Review Permit, USR15-0022, for any Use
permitted as a Use by Right, Accessory Use or Use by Special Review in the Commercial or
Industrial Zone Districts (landscape turf installation, 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 map 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-3653; being part
of the S1/2 SE1/4 of Section 8, Township 8 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present and represented by Katherine
Vorlage, Greeley Attorneys, 821 9th Street, Greeley, CO 80631, 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.
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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.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.B.2 (A.Policy 2.2) states: "Allow commercial and
industrial uses, which are directly related to or dependent upon
agriculture, to locate within agricultural areas when the impact to
surrounding properties is minimal or mitigated and where
adequate services and infrastructure are currently available or
reasonably obtainable. These commercial and industrial uses
should be encouraged to locate in areas that minimize the
removal of agricultural land from production."The Landscape Turf
Installation Company base of operations, 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 a paved road and is within two (2)
miles of County Road (CR) 90.
2) Section 22-2-100.E (C.Goal 5) states: "Minimize the
incompatibilities that occur between commercial uses and
surrounding properties."The facility is located on a 74-acre parcel,
two (2) miles south of the Town of Nunn. The parking of vehicles
and outside storage of equipment and pallets and similar supplies
will be required to be screened from adjacent property and public
rights-of-way. Outdoor storage/staging of vehicles to be screened
will be required by the Department of Planning Services.
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.S of the Weld County Code lists 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 as a Use by Special
Review 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. The surrounding
properties north of County Road 94 are large parcel agricultural lots with
limited single family residential development. To the east are large lot
recorded exemption parcels with residences. The Department of Planning
Services is requiring the outdoor storage/staging of vehicles to be
screened.
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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 Towns of Nunn and Pierce. A referral was not received from the
Towns of Nunn or Pierce.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V and Article XI of the Weld County Code. The existing site is not
located within the Floodplain, Airport or Geologic Hazard Areas. The
property is located within the County-Wide Road Impact Fee Area and the
Capital Expansion Impact Fee 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.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 lands designated "High
Potential Dry Cropland — Prime if they become Irrigated," per the 1979
Soil Conservation Service Important Farmlands of the Weld County map.
The property has no irrigation water associated on the parcel.
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 Ryan Gallatin and Kay Collins, for a Site Specific
Development Plan and Use by Special Review Permit, USR15-0022, for any Use permitted as a
Use by Right, Accessory Use or Use by Special Review in the Commercial or Industrial Zone
Districts (landscape turf installation, 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 map 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 USR map:
A. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR15-0022.
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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) All outdoor storage/staging of vehicles shall be screened from
adjacent properties and public rights-of-way.
6) CR 29 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 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 right-of-way. This road is
maintained by Weld County.
7) CR 94 is an unmaintained section line right-of-way. The applicant
shall verify and delineate the existing right-of-way and the
documents creating the right-of-way. All setbacks shall be
measured from the edge of right-of-way. This road is not
maintained by Weld County.
8) Show the approved access(es) and label with the approved
Access Permit Number (AP15-00037).
9) Show and label a minimum of 300 feet of recycled asphalt or road
base.
10) Show and label the access turning radii (60 feet), and parking and
circulation.
11) Show and label the entrance gate set back a minimum of 75 feet
from edge of existing right-of-way (future right-of-way if
classification is other than local).
2. 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.
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3. 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.
4. 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.
5. 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.
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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of June, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COL RADO
ATTEST �,,` d�
J Barbara Kirkmeyer, Chair
Weld County Clerk to the Board Th`
Mike Freeman, Pro-Tem
BY:
Dep t lerk to the Bo•:r•,� �_ \ean
P. Conway
(tfarrg
APPROVED AS TO FOR ; CUSED
♦ lie . Cozad
Count A „rne � � ��, G- - iL, ---t—C-1--,2—
r7 —
r7 Steve Moreno
Date of sig -t •re: ir
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
RYAN GALLATIN AND KAY COLLINS
USR15-0022
1. The Site Specific Development Plan and Use by Special Use Permit, USR15-0022, is for
any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (landscape turf installation company base of
operations, 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, 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 number of employees shall be restricted to fifteen (15), as stated by the applicant.
4. The number of semi-tractor trailers shall be limited to twelve (12).
5. The hours of operation are twenty-four (24) hours a day, seven (7) days a week.
6. 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.
7. 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.
8. 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.
9. 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.
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, 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
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and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County
and shall contain hand sanitizers.
12. 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.
13. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
14. 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.
15. The screening on the site shall be maintained.
16. 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.
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. There shall be no parking or staging of vehicles on public roads. On-site parking shall
be utilized.
19. The historical flow patterns and runoff amounts will be maintained on the site.
20. Weld County is not responsible for the maintenance of on-site drainage related features.
21. 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
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.
22. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
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
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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 map and recognized at all times.
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