HomeMy WebLinkAbout20140054.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR13-0050, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY
USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (DROP/STAGING YARD FOR TANKS, PUMPS, HOSE/PIPE AND
TRUCKS, MAINTENANCE OF EQUIPMENT AND HYDRO-TESTING PUMPS/TANKS),
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-XAIROS, LLC, AND MONFORT OF COLORADO, INC.
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 18th day
of January, 2014, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Xairos, LLC, 2 North Cascade, Suite 720, Colorado Springs, CO
80903, and Monfort of Colorado, Inc., 1770 Promontory Circle, Greeley, CO 80634, for a Site
Specific Development Plan and Use by Special Review Permit, USR13-0050, for a use
permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (drop/staging yard for tanks, pumps, hose/pipe and trucks, maintenance
of equipment and hydro-testing pumps/tanks), 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:
Subdivision Exemption, SE-1027; being part of the
NW1/4 of Section 30, Township 6 North, Range 65
West; Lots A, B and D of Corrected Recorded
Exemption, RE-3860; being part of N1/2 of Section
30, Township 6 North, Range 65 West of the 6th
P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Tim McKenna, Property
Manager for Xairos, LLC, a subsidiary of Greeley Land Fund, LLC, 2 North Cascade Suite 720,
Colorado Springs, Colorado 80903, 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.
PL ()toi !4-u , � 2014-0054
�' P L2251
SPECIAL REVIEW PERMIT (USR13-0050) - XAIROS, LLC AND MONFORT OF COLORADO,
INC.
PAGE 2
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.
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 22-2-20.1.3 (A.Policy 9.3) states: "Consider mitigation
techniques to address incompatibility issues. Encourage
techniques and incentives, such as but not limited to clustered
development and building envelopes, to minimize impacts on
surrounding agricultural land."
4) Section 22-2-80.F (I.Policy 6.1) states: "Consider the compatibility
with surrounding land uses and natural site features."
5) Section 22-2-80.F (I.Policy 6.2) states: "Support the use of visual
and sound barrier landscaping to screen open storage areas from
residential uses or public roads." A number of Conditions of
Approval and Development Standards have been attached to
address compatibility with the surrounding area. The applicant is
required to maintain the existing screening and landscaping to
address compatibility with the adjacent school facility to the west
and residences to the north, along with noise limits that are
attached as a Development Standard.
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 of the Weld County
Code allows for uses permitted as a Use by Right, Accessory Use, or Use
by Special Review in the Commercial or Industrial Zone Districts
(drop/staging yard for tanks, pumps, hose/pipe and trucks, maintenance
of equipment and hydro-testing pumps/tanks), 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 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 site is located
2014-0054
PL2251
SPECIAL REVIEW PERMIT (USR13-0050) - XAIROS, LLC AND MONFORT OF COLORADO,
INC.
PAGE 3
approximately 500 feet west of an existing church/school facility
(approved under USR-1492 in 2005) and located approximately 750 feet
and 1,700 feet from the nearest residences to the north and east of the
site. Agricultural land is located to the south and east of the site. Two
letters of concern/opposition were received from surrounding property
owners in regards to this application. Both letters expressed traffic, safety,
noise and compatibility concerns with the proposed use. A number of
Conditions of Approval and Development Standards have been attached
to address compatibility with the surrounding area. Section 23-3-50.F
states "Landscape criteria may be based upon compatibility with existing
adjacent lots and land uses." If additional lighting is proposed, Lighting
Plans are required to address compatibility with the adjacent school
facility to the west and residences to the north, along with noise limits
(proposed by the Weld County Department of Environmental Health) are
attached as a Development Standard.
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. This site is located within the three-mile referral area for
the City of Greeley. The City of Greeley provided a referral response
dated November 4, 2013, outlining landscaping recommendations, an
advisory regarding the potential of future road improvements and
right-of-way requirements in regards to a pending (conceptual)
development to the south of the site (the Grainery) and requesting
additional information on water use on the site. Sewer service to the site
is provided by the City of Greeley and water is provided by the North
Weld County Water District through an executed water service agreement
between the City of Greeley and North Weld County Water District.
E. Section 23-2-223.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 23-2-230.6.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. The site is identified as "Prime" according to the Important
Farmlands Map of Weld and Larimer Counties. Existing buildings and
structures are located on Lot A. The proposed USR site is covered by
existing buildings and access/parking improvements.
2014-0054
PL2251
SPECIAL REVIEW PERMIT (USR13-0050) - XAIROS, LLC AND MONFORT OF COLORADO,
INC.
PAGE 4
G. Section 23-2-230.6.7 — The proposed Conditions of Approval and
Development Standards will provide 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 Xairos, LLC, and Monfort of Colorado, Inc., for a
Site Specific Development Plan and Use by Special Review Permit, USR13-0050, for a use
permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (drop/staging yard for tanks, pumps, hose/pipe and trucks, maintenance
of equipment and hydro-testing pumps/tanks), 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 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 attempt to address the requirements of the City of
Greeley, as stated in the referral response received November 4, 2013.
Written evidence of such shall be provided to the Department of Planning
Services.
B. The applicant shall submit a plat partially vacating the boundaries of
3rd AMUSR-764 from the +/-25 acre area designated for USR13-0050.
The partial vacation of 3rd AMUSR-764 shall be approved/accepted by
the Board of County Commissioners prior to submitting the USR13-0050
plat for recording.
C. The applicant shall submit a Lighting Plan (if additional on-site lighting is
proposed) to the Department of Planning Services, for review and
approval.
D. The Recorded Exemption, RECX13-0118, plat shall be submitted for
recording.
E. If signage is proposed, the applicant shall submit a Signage Plan to the
Department of Planning Services, for review and approval.
F. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR13-0050.
2. The attached Development Standards.
3. The plat shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
2014-0054
PL2251
SPECIAL REVIEW PERMIT (USR13-0050) - XAIROS, LLC AND MONFORT OF COLORADO,
INC.
PAGE 5
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 plat shall delineate the approved Screening Plan (if
applicable).
6. The plat shall delineate the approved Lighting Plan (if applicable).
7. The plat shall delineate the approved Signage Plan.
8. County Road (CR) 66, aka AA Street, is a collector road, which
requires a 80-foot right-of-way at full buildout. There is presently a
60-foot right-of-way. This road is maintained by Weld County.
Pursuant to the definition of SETBACK in the Weld County Zoning
(23-1-90), the required setback is measured from the future right-
of-way line. The applicant shall delineate or dedicate an additional
10-foot of right-of-way parallel to the CR 66 right-of-way for full
buildout. This road is maintained by Weld County.
9. The applicant shall submit a complete access permit application
for the proposed eastern access to the site off Country Road 66.
The existing two residential driveway access points shall be
subsequently closed.
10. Reference on the plat the improvements at U.S. Highway 85, as
outlined in the US85 Access Control Plan 1-76 to CR 80,
December 1999.
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
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
2014-0054
PL2251
SPECIAL REVIEW PERMIT (USR13-0050) - XAIROS, LLC AND MONFORT OF COLORADO,
INC.
PAGE 6
(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. (Department of Planning Services)
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. 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 8th day of January, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
�p yy WELD COUNTY, COLORADO
ATTEST: Wuti
Dou as Rademacher, hair
Weld County Clerk to the Board
Lao-rbara Kirkmeyer, ro-Tem
Deputy Cler o the Board is? ��� 2
A 4 �n P. Conway /
1961 �� 'rt'
AP ED
A: O ike Fr an
County Attorney /L
Wiliam F. Garcia
Date of signature: JAN 2 1 2014
2014-0054
PL2251
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
XAIROS, LLC, AND MONFORT OF COLORADO, INC.
USR13-0050
1. A Site Specific Development Plan and Use by Special Review Permit, USR13-0050, is
for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (drop/staging yard for tanks, pumps, hose/pipe
and trucks, maintenance of equipment and hydro-testing pumps/tanks), 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.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The operation shall comply with all applicable rules and regulations of local, state and
federal agencies and the Weld County Code.
4. 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.
5. 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.
6. 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.
7. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
8. 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.
9. 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.
10. 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.
11. Adequate drinking, hand washing and toilet facilities shall be provided for employees
and patrons of the facility, at all times.
2014-0054
PL2251
DEVELOPMENT STANDARDS (USR13-0050) - XAIROS, LLC AND MONFORT OF
COLORADO, INC.
PAGE 2
12. The facility shall utilize the existing municipal sewage treatment system (City of
Greeley).
13. The facility shall utilize the existing public water supply.
14. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
15. 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.
16. Existing screening/landscaping on the site shall be maintained.
17. The signage on the site shall be maintained in accordance with the approved Signage
Plan.
18. The lighting on the site shall be maintained in accordance with the approved Lighting
Plan.
19. 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.
20. The historical flow patterns and runoff amounts will be maintained on the site.
21. Weld County is not responsible for the maintenance of onsite drainage related features.
22. There shall be no parking or staging of vehicles on County roads. On-site parking shall
be utilized.
23. Building and Electrical Permits may be required for any new construction, alteration, or
addition to any building on the property per Section 29-3-10 of the Weld County Code.
Currently, the following codes have been adopted by Weld County: 2012 International
Codes; 2006 International Energy Code; 2011 National Electrical Code.
24. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
25. 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.
2014-0054
PL2251
DEVELOPMENT STANDARDS (USR13-0050) - XAIROS, LLC AND MONFORT OF
COLORADO, INC.
PAGE 3
26. 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.
27. 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.
28. 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.
2014-0054
PL2251
Hello