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Home My WebLink About20131943.tiffRESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR13-0021, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (STORAGE OF DRY FEED FOR DELIVERY TO LOCAL CUSTOMERS) 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, SHUPE FARMS, LLC, CIO BUILD -WEST CONSTRUCTION, 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 31st day of July, 2013, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of Shupe Farms, LLC, 3234 Grand View Drive, Greeley, CO 80631, for a Site Specific Development Plan and Use by Special Review Permit, USR13-0021, for any use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (storage of dry feed for delivery to local customers) 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, RECX12-0084; being part the of SW1/4 of Section 17, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, the applicant was represented by Jay Pier, Build -West Construction, LLC, 606 Elder Street, Kersey, Colorado 80644, 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. et Ipt 1<PWi 4L law $130 2013-1943 PL2230 SPECIAL REVIEW PERMIT (USR13-0021) - SHUPE FARMS, LLC, CIO BUILD -WEST CONSTRUCTION, LLC 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 (A.Goal 7) states: "County land use regulations should protect the individual property owner's right to request a land use change." 2) Section 22-2-100.C (C. Goal 3) states: 'All new commercial development should pay its own way." The applicant will be responsible for covering all costs for all on -site and any applicable off -site improvements associated with this use, as required through the Improvements Agreement and Conditions of Approval. 3) 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." 4) Section 22-2-20.G.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 applicant is proposing a 22,000 square -foot pre-engineered metal building for the storage of agricultural commodities, including dry feed to be located on the site. The feed will be brought in during harvest and until the crop year is finished. The feed will be re -distributed throughout the year. Four to five trucks per day are expected to either load, unload or re -load. 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 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 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 currently vacant land. Lucerne Commons borders the site on the west and the 2013-1943 PL2230 SPECIAL REVIEW PERMIT (USR13-0021) - SHUPE FARMS, LLC, C/O BUILD -WEST CONSTRUCTION, LLC PAGE 3 Greeley No. 2 Ditch borders the site on the north. The adjacent land to the east and south is cropland. The nearest residence is located approximately 520 feet southeast of the site. USR-1335 for the storage and sale of seed is located approximately one -quarter mile to the west of this proposed USR. The Weld County Department of Planning Services has received no comments/concerns from the surrounding property owners. The Development Standards along with 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-mile referral area of the City of Greeley and the Town of Eaton. The City of Greeley, in the referral comments dated April 30, 2013, indicated that they have no concerns. The City of Eaton did not respond with 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 Program, 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 4.7 acres of Prime (Irrigated), per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The proposed USR will take approximately 4.7 acres of Prime (Irrigated) Farmland out of production. However, dry feed storage is a use that supports agriculture. 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 Shupe Farms, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR13-0021, for any use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (storage of dry feed for delivery to local customers) 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 2013-1943 PL2230 SPECIAL REVIEW PERMIT (USR13-0021) - SHUPE FARMS, LLC, C/O BUILD -WEST CONSTRUCTION, LLC PAGE 4 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 a Lighting Plan 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." B. The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to the state highways. The applicant shall contact CDOT to verify the access permit or for any additional requirement that may be needed to obtain or upgrade the permit. C. In accordance with Chapter 23, Article IV, Division 2, the applicant shall submit a Signage Plan to the Department of Planning Services for review and approval, if signage is desired. The quantity, size and location of the signs shall comply with Appendix 23-C and Appendix 23-D. The plat shall be amended to delineate the following: 1) All sheets of the plat shall be labeled USR13-0021. 2) The attached Development Standards. 3) The plat shall be prepared per 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 approved Signage Plan. 6) The approved Lighting Plan. 7) The access approved by CDOT shall be delineated on the plat. 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 2013-1943 PL2230 SPECIAL REVIEW PERMIT (USR13-0021) - SHUPE FARMS, LLC, CIO BUILD -WEST CONSTRUCTION, LLC PAGE 5 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. 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. (Department of Planning Services) 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. 2013-1943 PL2230 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS SHUPE FARMS, LLC, CIO BUILD -WEST CONSTRUCTION, LLC USR13-0021 1. The Site Specific Development Plan and Use by Special Review Permit, USR13-0021, is for any Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (Storage of Dry Feed for Delivery to Local Customers) 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 number of on -site employees shall be limited to four (4) part-time employees, as stated in the application materials. 4. All signs shall be in compliance with the Weld County Code. 5. The sign(s) on the site shall be maintained in accordance with the approved Sign Plan. 6. 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. 7. Weld County is not responsible for the maintenance of on -site drainage related features. 8. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 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. 9. 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, 30-20-100.5, C.R.S. 10. 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. 11. 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. 2013-1943 PL2230 DEVELOPMENT STANDARDS (USR13-0021) - SHUPE FARMS, LLC, CIO BUILD -WEST CONSTRUCTION, LLC PAGE 2 13. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone, as delineated in Section 14-9-30 of the Weld County Code. 14. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the facility, at all times. 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. Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers. 15. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 16. 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 on the adjacent properties in accordance with the plan. Neither the direct, nor 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. 17. Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program. 18. Building Permits issued on the lot will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. 19. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240 of the Weld County Code. 20. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250 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. 2013-1943 PL2230 DEVELOPMENT STANDARDS (USR13-0021) - SHUPE FARMS, LLC, CIO BUILD -WEST. CONSTRUCTION, LLC PAGE 3 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. 2013-1943 PL2230 SPECIAL REVIEW PERMIT (USR13-0021) - SHUPE FARMS, LLC, CIO BUILD -WEST CONSTRUCTION, LLC PAGE 6 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 31st day of July, A.D., 2013. BOARD OF-. BOUNTY COMMISSIONERS WELD6OIJ T;Y, COLORADO ATTEST: Weld County Clerk to the Board BY. Deputy AP ua_ k to the Board ounty Attorney rbara Kirkmeyer Date of signatureAU6 2 0 2013 liam F. Garcia, Chair ugla- Rademacrer, Pro-Tem P. Conway Freeman 2013-1943 PL2230 Hello