HomeMy WebLinkAbout20142313.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR14-0010, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY
USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (VEHICLE AND EQUIPMENT PARKING AND STAGING FOR A
LANDSCAPE MAINTENANCE AND INSTALLATION BUSINESS), 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-VIVIAN BEST AND ED TERRAZAS
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 13th day
of August, 2014, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Vivian Best and Ed Terrazas, 12437 HWY 392, Greeley, Colorado,
80631, for a Site Specific Development Plan and Use by Special Review Permit, USR14-0010,
for a use permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (vehicle and equipment parking and staging for a
landscape maintenance and installation business), 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:
Being part of the SW1/4 of Section 18, Township 6
North, Range 66 West of the 6th P.M., Weld
County, Colorado
WHEREAS, at said hearing, the applicants were 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:
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:
A. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinances in effect.
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SPECIAL REVIEW PERMIT (USR14-0010) -VIVIAN BEST AND ED TERRAZAS
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1) Section 22-2-20.G.2 (A.Policy 7.2) states: "Conversion of
agricultural land to non urban 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."
2) Section 22-2-20.1 (A.Goal 9) states: "Reduce potential conflicts
between varying land uses in the conversion of traditional
agricultural lands to other land uses."
3) Section 22-2-20.1.5 (A.Policy 9.5) states: "Applications for a
change of land use in the agricultural areas should be reviewed in
accordance with all potential impacts to surrounding properties
and referral agencies. Encourage applicants to communicate with
those affected by the proposed land use change through the
referral process." The property is adjacent to two existing
residences to the north and west. An existing agricultural
vehicle/equipment repair business (approved under USR-1428)
operates on the parcel immediately to the north. The vehicle
storage area is screened by existing vegetation and a fence along
the west property line along with the existing residence and
outbuilding. The Department of Planning Services is requiring a
lighting plan (if any lighting is proposed) and hours of operation
are called out as a Development Standard to address/mitigate
impacts to adjacent properties.
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 of the Weld County
Code allows for any use permitted as a Use by Right, an Accessory Use,
or a Use by Special Review in the Commercial or Industrial Zone
Districts, (storage and staging of construction equipment), 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 property is
adjacent to two existing residences to the north and west. An existing
agricultural vehicle/equipment repair business, approved under
USR-1428, operates on the parcel immediately to the north. The two
existing residences, along with this property, share an existing 30-foot
access easement off of State Highway 392. The application indicates the
six (6) quarter-ton and one-ton trucks would access the site twice daily, in
the morning and in the evening. No phone calls or correspondence has
been received from surrounding property owners in regards to this case.
The vehicle storage area is screened by existing vegetation and a fence
along the west property line, along with the existing residence and
outbuilding. The Department of Planning Services is requiring a Lighting
Plan, if any lighting is proposed, and the hours of operation are called out
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SPECIAL REVIEW PERMIT (USR14-0010) -VIVIAN BEST AND ED TERRAZAS
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as a Development Standard to address/mitigate impacts to 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 located within the three (3) mile referral areas of
the City of Greeley, and the Towns of Severance and Windsor. The Town
of Severance in their referral comments, dated May 13, 2014, indicated
that they have no concerns. No referral responses have been received
from the City of Greeley or the Town of Windsor.
E. Section 23-2-230.6.5 -- 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 23-2-230.6.6 -- 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 approximately 4.32
acres delineated as "Prime" per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map. The parcel has an existing
house and improvements and the operations area for this business is
located within this improved area of the property.
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 Vivian Best and Ed Terrazas, for a Site Specific
Development Plan and Use by Special Review Permit, USR14-0010, for a use permitted as a
Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone
Districts (vehicle and equipment parking and staging for a landscape maintenance and
installation business), 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. In the event washing of vehicles and equipment will occur on-site, the
applicant shall ensure that any vehicle and equipment washing areas
shall capture all effluent and prevent discharges from the washing of
vehicles and equipment in accordance with the Rules and Regulations of
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SPECIAL REVIEW PERMIT (USR14-0010) -VIVIAN BEST AND ED TERRAZAS
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the Water Quality Control Commission, and the Environmental Protection
Agency. Vehicle or equipment washing areas should be designated on
the plat.
B. The applicant shall submit a Lighting Plan, if outside lighting is proposed,
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."
C. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR14-0010.
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 applicant shall show the approved CDOT accesses on the
plat and label with access permit number, if applicable.
6. The applicant shall indicate specifically on the plat the type of
right-of-way/easement and indicate whether it is dedicated,
private, or deeded to provide adequate access to the parcel.
7. The existing Landscaping/Screening.
8. The approved Lighting Plan, if applicable.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
an electronic version (.pdf), or three (3) paper copies, 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
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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 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 13th day of August, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dK J - Ctick;ti . (�14.cL pp��r
HoG•.as tad mac Fai
Weld County Clerk to the Board
IEls
arbara Kirkmeyer, ro-Tem /
BY.
D=. ty Clerk t. the Bo-t(IZ6I I` :• �= ���
an P. Comyy
y"Y r •AP O RM: / ,
Mike Irk_
Wmiam F. Garcia
Date of signature: 9h
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
VIVIAN BEST AND ED TERRAZAS
USR14-0010
1. The Site Specific Development Plan and Use by Special Review Permit, USR14-0010,
for a use permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (vehicle and equipment parking and staging for a
landscape maintenance business), 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 the 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 off-site employees accessing the site shall not exceed 12 employees.
4. Any signs shall adhere to the requirements of Chapter 23, Article II, and Appendices
23-C, 23-D and 23-E of the Weld County Code.
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. 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.
9. This facility shall adhere to the maximum permissible noise levels allowed in the
Non-specified Zone District, as delineated in Section 14-9-30 of the Weld County Code.
10. 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.
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11. All pesticides, fertilizer, and other potentially hazardous chemicals must be handled in a
safe manner, in accordance with product labeling, and in a manner that minimizes the
release of Hazardous Air Pollutants (HAP's) and Volatile Organic Compounds (VOC's).
All chemicals must be stored secure, on an impervious surface, and in accordance with
manufacturer's recommendations.
12. Adequate drinking, hand washing 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 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
and Environment (WCDPHE). Portable toilets shall be serviced by a cleaner licensed in
Weld County and shall contain hand sanitizers.
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 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.
15. 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.
16. The historical flow patterns and runoff amounts will be maintained on the site.
17. Weld County is not responsible for the maintenance of on-site drainage related features.
18. Existing on-site landscaping and fencing shall be maintained.
p 9
19. 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.
20. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
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21. 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.
22. 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.
23. 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.
24. 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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