HomeMy WebLinkAbout20140941.tiff RESOLUTION
RE: SITE APPROVESPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
O
PERMIT, USR13-0056, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY
USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL
DISTRICTS (DURAN EXCAVATING COMPANY HEADQUARTERS, EQUIPMENT
STORAGE YARD AND COMMERCIAL MINI STORAGE) 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- DURAN ENTERPRISES, LLC
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 26th day
of March, 2014, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Duran Enterprises, LLC, 418 N. 9th Street, Greeley, CO 80631, for a
Site Specific Development Plan and Use by Special Review Permit, USR13-0056, for a use
permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Districts (Duran Excavating Company Headquarters, equipment storage yard and
commercial mini storage) 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:
NE1/4 NW1/4 of Section 33, Township 6 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, 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:
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 23-2-230.6.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
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1) Section 23-2-220.A.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 excavating
service facility, vehicle parking, mini storage and office buildings
proposed on the site are of a similar use to the Loveland
Industries Company, Zateca Foods, Inc., and Colorado Bean Inc.
For example, commercial and industrial land uses adjacent to the
east are also similar to the Aggregate Industries Mine to the
southwest of this proposed use.
2) Section 22-2-100.E (C.Goal 5) states: "Minimize the
incompatibilities that occur between commercial uses and
surrounding properties."The commercial vehicle parking area, the
asphalt and concrete stockpile areas and the crushing operations
are located south of County Road (CR) 64 and down the hill from
CR 64. The Department of Planning Services is requesting a
Screening Plan for the facility addressing the outside storage
component from public right-of-ways and adjacent properties and
also a Lighting Plan for the site. Lands surrounding this facility are
industrial to the east, residential and agricultural to the north and
south, and irrigated farmland to the west, with oil and gas
encumbrances visible in each direction
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 states:"Any use permitted as a Use by Right,
an accessory use, or a 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 lots parts of a map
or plan filed prior to adoption of any regulations controlling
subdivisions. . . ." The proposed use is for the offices of Duran
Excavating Company, company vehicles and equipment parking
and storage, and a commercial mini storage facility with screened
outdoor Recreational Vehicle parking.
C. Section 23-2-230.6.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The City of Greeley
has annexed lands adjacent to the west with existing commercial and
industrial companies manufacturing and processing raw materials into a
final product. The Great Western Railroad mainline and rail sidings are
adjacent to several of the properties and is utilized for transport of
material in and finished product out. To the north is the nearest residence
approximately 400 feet from the Duran Excavating Office building and
approximately 630 feet to the mini storage units. To the west of the site is
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a 40-acre tract of agricultural ground, and to the south are lands within
the Cache La Poudre Floodplain, including pasturelands and riparian
corridor. To the southwest, the land is being mined by Aggregate
Industries.
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 area of
the City of Greeley. The City of Greeley, in the referral comments dated
December 31, 2013, indicated that they have several topics of concern.
The City requests the applicant consider screening the trash receptacle
and new rooftop mechanical equipment, shield the exterior lighting, and
pave the internal access point, drives, aisles and parking areas. Further,
materials stored outside should not be allowed to deteriorate, thereby
creating a nuisance condition. Further, it is strongly suggested that a
Screening Plan, consisting of substantial landscape plant materials,
including evergreen, deciduous, ornamental trees, bushes and shrubs, be
utilized, including the placement of earth berms and fencing treatments
be provided along the north, west, east and south property line to mitigate
the additional comments centered on water and sewer, including
recorded easements for utilities. Streets were discussed, including future
right-of-way for both CR 29 and CR 64, vehicle access, intersection
spacing and traffic movements. Concerns were also raised about the site
drainage, emergency spillway located on the south property line, and
detention pond for the proposed facility and site.
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 40 acres
with the upper terrace being Prime (Irrigated) and the slope to the south
property line being Irrigated Land, (Not Prime), per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map.
Historically, the property was the Lowell Paul Dairy having improvements
on the upper terrace and pens and pasture on the land sloping to the
south.
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.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Duran Enterprises, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR13-0056, for a use permitted as a
Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial
Districts (Duran Excavating Company Headquarters, equipment storage yard and commercial
mini storage) provided that the property is not a lot in an approved or recorded subdivision plan
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 evidence of an Air Pollution Emission Notice
(A.P.E.N.) and Emissions Permit Application from the Air Pollution Control
Divisions (APCD), Colorado Department of Public Health and Environment, if
applicable. Alternately, the applicant may provide evidence from the APCD that
they are not subject to these requirements. Evidence of acceptance shall be
submitted, in writing, to the Weld County Department of Planning Services.
B. The existing septic system (Permit No.G19940564) must be abandoned in
accordance with Section 30-7-70 of the Weld County Code pertaining to
Individual Sewage Disposal Systems (I.S.D.S.).
C. 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.
D. An Improvements Agreement and Road Maintenance Agreement is required for
this site. Road maintenance, including dust control, damage repair, and triggers
for improvements will be included. This document is required for this site. Road
maintenance including damage repair, and triggers for improvement will be
included. (Business plus future 300 mini-storage unit access onto CR 64-0
Street)
E. An accepted Final Drainage Report, stamped and signed by a Colorado
registered professional engineer, is required.
F. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR13-0056.
2) The attached Development Standards.
3. The plat shall be prepared in accordance with Section 23-2-260.D of the
Weld County Code.
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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 Signage Plan.
6) The approved Parking Plan.
7) CR 64 is designated as an arterial road, which requires 140 feet of
right-of-way at full buildout. There is presently 60 feet of right-of-way. An
additional 40 feet shall be delineated on the plat as future CR 64
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) CR 29 is designated on the Weld County Road Classification Plan as an
arterial road, which requires 140 feet of right-of-way at full buildout. There
is presently 60 feet of right-of-way. An additional 40 feet shall be
delineated on the plat as future CR 29 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.
9) The applicant shall show the approved accesses for CR 64 (O Street) and
CR 29 (71st Avenue) on the plat and label them with the approved access
permit number (AP13-00422). An access permit number will be looked at
for the proposed future mini storage units at time of Building Permits.
10) The applicant shall show and label the floodplain and floodway (if
applicable) boundaries on the plat. Label the floodplain boundaries with
the FEMA Flood Zone and FEMA Map Panel Number.
2. Prior to Release of Building Permits:
A. A Weld County Septic Permit is required for the proposed facility septic
system(s). The septic system is required to be designed by a Colorado registered
professional engineer and the Septic Permit must be approved by the Weld
County Board of Health, according to the Weld County I.S.D.S. Regulations
3. 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
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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.
4. 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.
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. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will
be required.
B. A Right-of-way Permit is required for any work within the public right-of-way.
C. A Special Transport Permit is required for any over size or over weight vehicles.
7. Prior to Operation:
A. Accepted construction drawings and construction of the offsite roadway
improvements are required prior to operation.
8. Prior to the issuance of the Certificate of Occupancy:
A. An I.S.D.S. is required for the proposed facility and shall be installed according to
the Weld County I.S.D.S. Regulations. The septic system is required to be
designed by a Colorado registered professional engineer, according to the Weld
County I.S.D.S. Regulations.
9. 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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 26th day of March, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dat CSC ,,,,./ :4, Ia1,o Rad e niacher Cfiaitr
Weld County Clerk to the Board
/ • ,00rnarim,,,/ Barbara Kirkmeyer; Pro-Tem
BY: 1 i / I I!�!►C\� 'zL v �`
Depu Clerk to the Boar." i
186, R`�.;�`:Clan"an P. Conway
AP D A ORM: INIA' '`YYu to
.%O Y Mike Freem
County Attorney
1 am . Garcia
Date of signature: `f.)1_0'/4
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DURAN ENTERPRISES, LLC
USR13-0056
1. A Site Specific Development Plan and Use by Special Review Permit, USR13-0056, is
for a use permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Districts (Duran Excavating Company Headquarters,
equipment storage yard and commercial mini storage) 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 (Agriculture) 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 on-site employees shall be commensurate with the number of persons
which the septic system may accommodate in accordance with the requirements of the
Weld County Code, pertaining to Individual Sewage Disposal Systems (I.S.D.S.)
Regulations.
4. The parking on the site shall be maintained in accordance with the approved Parking
Plan.
5. The signage on the site shall be maintained in accordance with the approved Signage
Plan.
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 the approved Waste Handling
Plan, at all times.
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.
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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.
11. 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
12. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District, as delineated in Section 14-9-30 of the Weld County Code.
13. Adequate drinking, hand washing and toilet facilities shall be provided for employees
and patrons of the facility, at all times.
14. Sewage disposal for the facility shall be by septic system. Any septic system located on
the property must comply with all provisions of the Weld County Code, pertaining to
I.S.D.S.
15. The facility shall utilize the existing public water supply (North Weld County Water
District).
16. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from
the facility area in a manner that will prevent nuisance conditions.
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. The operation shall comply with all applicable rules and regulations of 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. The historical flow patterns and runoff amounts will be maintained on the site.
21. There shall be no parking or staging of vehicles on County roads. On-site parking shall
be utilized.
22. Flood hazard development permits are required for development activities located within
the FEMA mapped South Platte Floodplain per the Corps of Engineers Study. The
FEMA definition of development is any man-made change to improved or unimproved
real estate, including, but not limited to, buildings or other structures, mining, dredging,
filling, grading, paving, excavation, drilling operations, or storage of equipment and
materials.
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23. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start
of any development activities, the owner shall contact Weld County to determine if the
floodplain boundaries have been modified.
24. Building permits may be required, per Section 29-3-10 of the Weld County Code, for any
new construction, alteration, or addition to any buildings, structures and utilities on the
property. If required, a code analysis will be done by a design professional. A Building
Permit Application must be completed and two (2) complete sets of engineered plans,
including Engineered Foundation 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.
25. The structures proposed to have changed uses will be required, per Section 29-3-10 of
the Weld County Code, Commercial Building Permit for change of use. A code analysis,
floor plan and complete set of plans for any alteration and a structural analysis by a
professional engineer will be required.
26. 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
27. Plans shall be submitted to the Western Hills Fire District, for review and comments. A
final approval is needed from Fire District prior to issue of Certificate of Occupancy.
28. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
29. 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.
30. 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.
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31. 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.
32. 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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