HomeMy WebLinkAbout20150976.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR14-0063, FOR ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (TRUCK PARKING, INCLUDING TWO
TRACTOR-TRAILERS, ALONG WITH OUTSIDE EQUIPMENT/VEHICLE STORAGE
(THREE BOBTAILS) 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 - MARIANO
GONZALEZ, C/O IGNACIO GALLEGOS
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 1st day of
April, 2015, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Mariano Gonzalez, 24146 CR 59, Kersey, CO 80644, do Ignacio Gallegos,
431 5th Street, P.O. Box 402, Kersey, CO 80644, for a Site Specific Development Plan and Use
by Special Review Permit, USR14-0063, for any Use permitted as a Use by Right, Accessory
Use, or Use by Special Review in the Commercial or Industrial Zone Districts (truck parking,
including two tractor-trailers, along with outside equipment/vehicle storage (three bobtails) 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 A of Recorded Exemption, RE-1117; being part
of the SW1/4 of Section 36, Township 5 North,
Range 64 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the Board deemed it advisable to continue the matter to
April 15, 2015, to allow Planning Services adequate time for the required sign posting and allow
for a Planning Commission hearing, which was continued to April 7, 2015, and
WHEREAS, on April 15, 2015, 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:
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SPECIAL REVIEW PERMIT (USR14-0063) - MARIANO GONZALES, CIO IGNACIO
GALLEGOS
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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 22-6-20.A (ECON.Goal1) states: "Encourage the
expansion of existing businesses and the location of new
industries that will provide employment opportunities in the
County."The application materials state that there will be four (4)
employees working for this business.
2) 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." 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 proposing a parking and storage area for employee
and commercial vehicles, two tractor-trailers, and three bobtails.
The employees will park their personal vehicles at the site during
the hours of operation. Not all of the commercial vehicles and
equipment stored on the site will be used daily. The site will need
to be screened from the public road right-of-way and the adjacent
property owner to the north and no lights are proposed. The
Development Standards and the Conditions of Approval for this
proposal will assist in mitigating the impacts of the facility on the
adjacent properties and ensure compatibility with surrounding land
uses.
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 (truck parking,
including two tractor-trailers, along with outside equipment/vehicle
storage (three bobtails), 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.
C. Section 23-2-230.6.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The adjacent
properties are mainly utilized for pastures, crops, and rural residences.
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GALLEGOS
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County Road (CR) 59 borders the site on the west. The properties to the
east, south and west are cropland. The closest residence is
approximately one hundred and forty (140) feet north of the north property
line. There is one (1) Use by Special Review Permit, USR13-0064,
located within one (1) mile of this parcel is for a Non-1041, for a sixteen
(16) inch natural gas pipeline. The Weld County Department of Planning
Services has not received any correspondence from surrounding property
owners stating support or objection to this Use by Special Review Permit
application. The site shall be screened from the public road right-of-way
and surrounding property owner to the north and no lights are proposed.
The Development Standards and the Conditions of Approval for this
proposal will assist in mitigating the impacts of the facility on the adjacent
properties and ensure compatibility with surrounding land uses.
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 which did not respond with any referral comments.
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 1.21
acres Prime (Irrigated) land, per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map. This Use by Special Review
Permit application will not take any acres of Prime (Irrigated) Farmland
out of production because the site is too small to farm.
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 Mariano Gonzalez, do Ignacio Gallegos, for a
Site Specific Development Plan and Use by Special Review Permit, USR14-0063, for any Use
permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (truck parking, including two tractor-trailers, along with outside
equipment/vehicle storage (three bobtails) 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
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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 applicant shall maintain the current screening and add screening on
the north only where the trucks are parked. All truck parking areas shall
be screened from the adjacent property to the north and public
rights-of-way.
B. The plat shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR14-0063.
2) The attached Development Standards.
3) The map shall be prepared per Section 23-2-260.D of the Weld
County Code.
4) The map 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 truck/bobcat parking area and outdoor storage area shall be
delineated on the map.
6) Signage shall be indicated on the plat, if signage is desired. The
quantity, size and location of the signs shall comply with
Chapter 23, Division 2, Appendix 23-C and Appendix 23-D.
7) County Road (CR) 59 is designated on the Weld County Road
Classification Plan as a paved collector road, which requires 80
feet of right-of-way at full buildout. There is presently 60 feet of
right-of-way. An additional 10 feet shall be delineated on the plat
as future CR 43 right-of-way. All setbacks shall be measured from
the edge of future right-of-way. 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 plat. If the right-of-way
cannot be verified, it shall be dedicated. This road is maintained
by Weld County.
8) The applicant shall show the approved access on the map and
label it with the approved Access Permit #AP14-00409.
9) The applicant shall show and label standard tracking control onto
publically maintained roadways on the map, as well as a 60-foot
radii at the access.
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10) The applicant shall label the approved water quality feature on the
plat as "Water Quality Feature, No Build/Storage Area."
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.
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.
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 plat
is ready to be recorded in the office of the Weld County Clerk and Recorder.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 15th day of April, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
W LD COUNTY, COLORADO
ATTEST:dathiti �( r,..J cc2�(-Z
/+�'� arbara Kirkmeyer„Chair
Weld County Clerk to the Board /1
• Mike Freeman, Pro-Tern
BY, Q_. , t •�•ns
Dep t, Clerk to th= Bo.,(� `` % % EXCUSED
:: .� Sean P. Con
40;APPROV AS TO FO'� :1 ( ;'' :=; ( la:O�
75 ° Julie A. Cozad
County Attorney � l` `� � ��°w R f ret.. '- .r
Steve Moreno
Date of signature: la-.4
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MARIANO GONZALEZ CIO IGNACIO GALLEGOS
USR14-0063
1. The Site Specific Development Plan and Use By Special Review Permit, USR14-0063,
is for any Use permitted as a Use by Right, Accessory Use, or Use By Special Review in
the Commercial or Industrial Zone Districts (truck parking, including two tractor-trailers,
along with outside equipment/vehicle storage (three bobtails) 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 signage on the site shall adhere to the Weld County Code.
4. The number of vehicles utilizing this site shall be two (2) tractor trailers and three (3)
bobtails as stated by the applicant.
5. 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 Section 15-1-180 of the Weld County Code.
6. The historical flow patterns and runoff amounts will be maintained on the site.
7. Weld County is not responsible for the maintenance of on-site drainage related features.
8. There shall be no parking or staging of vehicles on County roads and applicant and
employees must utilize on-site parking.
9. 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.
10. 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.
11. 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.
12. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
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.
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14. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to On-site Wastewater Treatment Systems (OWTS)
regulations.
15. In the event the existing septic system is utilized for business use, the septic system
shall be reviewed by a Colorado registered Professional Engineer if the usage
surpasses Septic Permit G-19889095 sizing limitations. The review shall consist of
observation of the system and a technical review describing the system's ability to
handle the proposed hydraulic load. The review shall be submitted to the Environmental
Health Services Division of the Weld County Department of Public Health and
Environment (WCDPHE). In the event the system is found to be inadequately sized or
constructed, the system shall be brought into compliance with current regulations.
16. 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 are acceptable. Records of
maintenance and proper disposal for portable toilets shall be retained on a quarterly
basis and available for review by the WCDPHE. Portable toilets shall be serviced by a
cleaner licensed in Weld County and shall contain hand sanitizers.
17. 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.
18. The operation shall comply with all applicable rules and regulations of the state and
federal agencies and the Weld County Code.
19. 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 of the adjacent
properties in accordance with the plan. Neither the direct, not 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.
20. 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.
21. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
22. 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
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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.
23. 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.
24. 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.
25. 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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