HomeMy WebLinkAbout20142045.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR14-0007, FOR A USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (OFFICE AND EQUIPMENT STORAGE FOR A
CONCRETE CONSTRUCTION COMPANY) 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 -
INEZ GUTIERREZ
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 16th day
of July, 2014, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Inez Gutierrez, 401 N. 21st Avenue, Greeley, CO 80631, for a Site
Specific Development Plan and Use by Special Review Permit, USR14-0007, for a Use
permitted as a Use by Right, Accessory Use or Use by Special Review in the Commercial or
Industrial Zone Districts (office and equipment storage for a concrete construction company)
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 2 of Subdivision Exemption, SE-1150; being
part of the SE1/4 SE1/4 of Section 36, 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:
Ca C,lC13‘OPL.(b1)ew(rpe,)
I IL(LL> Applicant:
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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 (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 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." The
applicant is requesting a USR permit to continue utilizing a four (4)
acre parcel for a concrete business. The applicant will use the
existing building for an office and the south portion of the lot for
outdoor storage. The application materials state that there are
ten (10) employees, two (2) full-time office workers and eight (8)
employees who work on job sites. The hours of operation are 7:00
a.m. to 4:00 p.m., Monday through Friday. The parcel is in the
100-year floodplain and the outdoor storage is required to be in
compliance with the Weld County Code Floodplain Regulations.
The screening appears to be adequate and the applicant is not
adding any lighting to the site. The Conditions of Approval and the
Development Standards 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 a Use
permitted as a Use by Right, Accessory Use or Use by Special Review in
the Commercial or Industrial Zone Districts (office and equipment storage
for a concrete construction company) 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.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The site is less than
200 feet from the City limits of Greeley and is completely in the Greeley
Urban Growth Boundary. The adjacent properties are mainly utilized for
rural residences. Northwest "C" Street borders the site on the north. The
properties to the south and east are rural residential, one of the properties
to the west is the applicant's residence, and one is a landscaping
company. The closest residence not owned by the applicant is
approximately 100 feet west of the site. There are eleven (11) USRs
located within one mile of this parcel. USR-1073 is for a concrete
business office and is located approximately one-half mile west of the
site. USR-1075 is for a concrete batch plant and recreational facility and
is located north of the site. USR-15 is for a feedlot and is also located
north of the site. USR-981 is for an electrical transmission line and is
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SPECIAL REVIEW PERMIT (USR14-0007) — INEZ GUTIERREZ
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located south of the site. Additionally, there are seven (7) USRs for
mining operations located along the river north of the site. The Weld
County Department of Planning Services has not received any
correspondence from the surrounding property owners that object to this
USR. The screening appears to be adequate and the applicant is not
adding any lighting to the site. The Conditions of Approval and
Development Standards 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 City of Greeley. The City of Greeley 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 23-2-230.6.6 -- 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 2.63
acres designated as "Prime if they become Irrigated" and approximately
1.5 acres with soils designated as "Other," per the 1979 Soil Conservation
Service Important Farmlands of Weld County Map. This USR will not
take any Prime (Irrigated) Farmland out of production.
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 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 Inez Gutierrez, for a Site Specific Development
Plan and Use by Special Review Permit, USR14-0007, for a Use permitted as a Use by Right,
Accessory Use or Use by Special Review in the Commercial or Industrial Zone Districts (office
and equipment storage for a concrete construction company) 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:
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SPECIAL REVIEW PERMIT (USR14-0007) — INEZ GUTIERREZ
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1. Prior to recording the plat:
A. The applicant shall receive approval of Floodplain Development Permit
#FHDP14-0006.
B. The applicant shall demolish the two sheds that were built over the
property line.
C. In the event the applicant intends to utilize the existing septic system at
the home for business use, the septic system shall be reviewed by a
Colorado registered professional engineer. 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. In the event the
system is found to be inadequately sized or constructed, the system shall
be brought into compliance with current regulations. Alternately, a new
septic system may be installed for business use, in accordance with
current Weld County Individual Sewage Disposal Regulations (I.S.D.S.).
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
D. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR14-0007.
2) The attached Development Standards.
3) The plat shall be prepared per Section 23-2-260.D of the Weld
County Code.
4) The plat 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 existing on-site landscaping and screening.
6) The existing on-site parking and lighting.
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7) Northwest "C" Street is designated on the Weld County Road
Classification Plan as a local paved road, which requires 60 feet of
right-of-way at full buildout. The applicant shall verify and
delineate on the plat the existing right-of-way and the documents
creating the right-of-way. All setbacks shall be measured from the
edge of future right-of-way. This road is maintained by Weld
County.
8) Tracking control is required before entering on to NW "C" Street
(road base, recycled asphalt or equivalent.).
9) The applicant shall show the approved access on the plat and
label it with the approved access permit number (AP14-00051).
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 (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:
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SPECIAL REVIEW PERMIT (USR14-0007) — INEZ GUTIERREZ
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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 16th day of July, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO (J- -
ATTEST: d,� Sgc -� { \.)hr1 (q %O Sr
�DoouuglastRademacher C air
Weld County Clerk to the Board
• � �� ELa arbara Kirkmeyer, P o-Tem
BY. �� �. 11r.a . •,1 ��
De Clerk to the B•-
="�•:f an P. Conway
C17-
APP TO •RM: ® -��
u �� Mike F e n
•u Yy Attorney
William F. Garcia
Date of signature: ill
2014-2045
PL2247
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
INEZ GUTIERREZ
USR14-0007
1. The Site Specific Development Plan and Use by Special Review Permit, USR14-0007,
is for a Use permitted as a Use by Right, Accessory Use or Use by Special Review in
the Commercial or Industrial Zone Districts (office and equipment storage for a concrete
construction company) 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 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 On-site Waste Water Treatment Systems (O.W.T.S.)
Regulations.
4. The hours of operation are 7:00 a.m. to 5:00 p.m., Monday through Friday, as stated by
the applicant.
5. The existing screening and landscaping on the site shall be maintained in accordance
with the approved Screening\Landscaping Plan.
6. The parking on the site shall be maintained in accordance with the approved Parking
Plan.
7. WARNING: LOTS MAY NOT BE BUILDABLE DUE TO FLOODPLAIN OR FLOODWAY
DESIGNATION. Please be advised that owners of this lot may not be able to obtain
building permits to construct structures. All construction or improvements occurring in
the floodplain, as delineated on Federal Emergency Management Agency FIRM
Community Panel Map #080266-0628C, dated September 28, 1982, shall comply with
all applicable Weld County Floodplain Regulations, Colorado Water Conservation Board
requirements as described in Rules and Regulations for Regulatory Floodplains in
Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59, 60,
and 65.
8. The historical flow patterns and runoff amounts will be maintained on-site.
9. 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.
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10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems (I.S.D.S.).
16. 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.
17. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
18. 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.
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.
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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.
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. WELD COUNTY'S RIGHT TO FARM: 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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