HomeMy WebLinkAbout20260628 Resolution
Approve Acceptance of Request to Withdraw Application for Use by Special
Review Permit, USR18-0001, for any Use permitted as a Use by Right, Accessory
Use, or Use by Special Review in the Commercial or Industrial Zone Districts (sale
of construction equipment, miscellaneous equipment and trucks and trailers,
vehicle modification and dismantling of wrecked vehicles and sale and/or recycling
of dismantled vehicle parts) 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, and
Rescind Resolution #2018-1394, Dated March 6, 2019 — City of Aurora
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, on the 6th day of March, 2019, the Board approved the application of
WETCO Farms, Inc., 2055 1st Avenue, Greeley, Colorado 80631 , c/o Brett Bloom,
3202 Barclay Court, Evans, Colorado 80620, for Use by Special Review Permit,
USR18-0001 , for any Use permitted as a Use by Right, Accessory Use, or Use by Special
Review in the Commercial or Industrial Zone Districts (sale of construction equipment,
miscellaneous equipment and trucks and trailers, vehicle modification and dismantling of
wrecked vehicles and sale and/or recycling of dismantled vehicle parts) 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, to-wit:
W1/2 and part of the E1/2 of Section 4, Township 4 North, Range 63 West
of the 6th P.M., Weld County, Colorado
Whereas, on April 14, 2023, the abovementioned property was sold to the City of Aurora,
Utility Enterprise, 15151 East Alameda Parkway, Aurora, Colorado 80012, recorded
under Reception No. 4893174, in the records of the Weld County Clerk and Recorder,
and
Whereas, the Board was presented with a letter dated April 25, 2024, from Marshall
Brown, General Manager of Aurora Water, requesting the withdrawal of the application,
stating they would like the property to remain in agricultural use, and
Whereas, the Board of County Commissioners heard all of the testimony and statements
of those present, studied the request of the applicant and all of the exhibits and evidence
presented in this matter, and having been fully informed, deems it advisable to accept
said request and rescind Resolution #2018-1394, dated March 6, 2019.
2026-0628
PL2548
Withdraw Application for Use by Special Review Permit, USR18-0001 , and
Rescind Resolution #2018-1394, Dated March 6, 2019 — City of Aurora
Page 2
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the request of the City of Aurora to withdraw the application for Use by
Special Review Permit, USR18-0001 , for any Use permitted as a Use by Right, Accessory
Use, or Use by Special Review in the Commercial or Industrial Zone Districts (sale of
construction equipment, miscellaneous equipment and trucks and trailers, vehicle
modification and dismantling of wrecked vehicles and sale and/or recycling of dismantled
vehicle parts) 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
hereby is accepted, and Resolution #2018-1394, dated March 6, 2019, hereby is
rescinded.
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 18th day of March, A.D., 2026:
[Insert Resolution Attestation Block Post Meeting]
2026-0628
PL2548
DEPARTMENT OF PLANNING SERVICES
MEMORANDUM
COUNTY,CO
To: Board of County Commissioners Hearing Date: March 18, 2026
From: Diana Aungst, Principal Planner
Subject: Consider rescission of conditionally approved permit USR18-0001
Case Number: USR18-0001
Original Owner: Wetco Farms Inc. c/o Craig Sparrow
Current Owner: City of Aurora c/o Marshall P. Brown
Request A Site Specific Development Plan and Use by Special Review Permit 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(sale of construction equipment, miscellaneous
equipment and trucks and trailers, vehicle modification and dismantling of wrecked
vehicles and sale and/or recycling of dismantled vehicle parts) 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 in the A
(Agricultural) Zone District.
Legal W2 and part of the E2 of Section 4, T4N, R63W of the 6TH P.M., Weld County,
Description: Colorado
Location: North of and adjacent to State Highway 34, south of and adjacent to County Road
50/County Road 65 intersection.
Size of Parcel: +/- 378 acres Original Parcel No. 1051-04-0-00-001
(USR operational area: +/- 17.5 acres)
Current Parcel Nos. 1051-04-3-00-006
1051-04-2-00-003
1051-04-3-00-004
1051-04-2-00-002
Summary:
The purpose of this memorandum and hearing is to seek direction from the Board of County Commissioners
regarding the conditionally approved but not perfected Use by Special Review permit USR18-0001. This
USR was approved by the Board of County Commissioners on March 6, 2019, for the sale of construction
equipment, miscellaneous equipment and trucks and trailers, vehicle modification and dismantling of
wrecked vehicles and sale and/or recycling of dismantled vehicle parts, in the A(Agricultural) Zone District.
A final USR map has not been recorded.
The property was conveyed to the City of Aurora in 2023. Staff reached out to the City on January 12, 2024,
and Mr. Marshall P. Brown, an employee of the City, responded with an email and a letter dated April 25,
2024, indicating that they wish to withdraw this USR.
Staff made a site visit and confirmed there is no commercial operation on the stie.
Based on the correspondence received from the owner the Department of Planning Staff recommends that
the Board of County Commissioners rescind Use by Special Review Permit No. USR18-0001.
Request to Rescind USR18-0001 I City of Aurora 2026-0628
Page 1 of 1
3 « Pt-a5`18"
0
Aurora Water LAVA City of Aurora
Water Resources 7 Worth Discovering • auroragov.org
26971E Quincy Avenue R OQ`
Aurora,Colorado 80016
303.739.7370
April 25, 2024
Weld County Board of County Commissioners
1 150 Q Street
P.O. Box 758
Greeley,CO 80631
To Whom It May Concern:
The City of Aurora, Colorado, a Colorado home rule municipal corporation of the counties of Adams,
Arapahoe,and Douglas, acting by and through its Utility Enterprise purchased Weld County Parcel 1051-
04-30-0-005 on April 18th, 2023. The Special Warranty Deed recorded at 4893174 is attached for your
reference. The previous owner applied for a Use by Special Review which was conditionally granted by
the Board of County Commissioners on March 6, 2019 as USR18-0001.
The City of Aurora formally requests a withdrawal from USR18-0001, as it would like the property to
remain in agricultural use.
Thank you for your time and your consideration.
Marshall P. Brown
General Manager,Aurora Water
4893174 04/18/2023 04:17 PM
Total Pages: 6 Rec Fee: $38.00
Carly Koppes - Clerk and Recorder, Weld County , CO
SPECIAL WARRANTY DEED
THIS DEED,dated this Pcik- day of / ( ,2023,between,
WETCO FARMS INC.,a Colorado corporation,with its principal office located at 2055 1"Avenue,
Greeley, of the County of Weld and State of Colorado,hereinafter referred to as"Grantor",and the City
of Aurora,Colorado, a home rule municipal corporation of the Counties of Adams,Arapahoe and
Douglas,Acting by and through its Utility Enterprise,hereinafter referred to as"Grantee",whose legal
address is 15151 E. Alameda Parkway,Aurora, Colorado 80012-1555.
WITNESS, that the Grantor(s),for and in consideration of the sum of One and no/100 Dollars,and
other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has
granted,bargained,sold,and conveyed,and by these presents does grant,bargain,sell,convey,and confirm
unto the Grantee, Grantee's heirs, successors, and assigns forever, all the real property, together with
improvements, if any, situate, lying and being in the County of Weld and State of Colorado,described as
follows (the"Premises"):
See Exhibit A wherein the description is more fully set forth. Said Exhibit A is attached hereto and
incorporated herein by reference, together with all overburden,sand,gravel and other minerals on,under
or appurtenant to such real property from the surface grade of the land to the bedrock("Sand and Gravel"),
but reserving unto Grantor all Oil and Gas Rights(as defined below);
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in
anywise appertaining,and the reversion and reversions,remainder and remainders,rents, issues,and profits
thereof; and all the estate, right, title, interest, claim, and demand whatsoever of Grantor, either in law or
equity, of, in, and to the above bargained Premises,with the hereditaments and appurtenances;
TO HAVE AND TO HOLD the said Premises above bargained and described, with the appurtenances,
unto the Grantee,Grantee's heirs,successors,and assigns forever.The Grantor, for Grantors and Grantors'
heirs, successors, and assigns, do covenant and agree that Grantor shall and will WARRANT AND
FOREVER DEFEND the above bargained Premises in the quiet and peaceable possession of Grantee,
Grantee's heirs,successors,and assigns,against all every person or persons lawfully claiming the whole or
any part thereof,by through or under the Grantors, subject to the Statutory Exceptions.
RESERVING, HOWEVER, unto Grantor, all subsurface oil, gas, coal, coalbed methane, hydrocarbons,
and minerals of every kind and nature (but specifically excluding Sand and Gravel) (the "Oil and Gas
Rights"),together with the right to prospect for,mine,and extract such Oil and Gas Rights within and under
the Premises; provided however, that nothing herein shall be construed as reserving unto Grantor, and
Grantor hereby specifically and irrevocably disclaims, waives and releases, for itself, its successors and
assigns (1) any right to locate wells, drill sites, mine entrances, pipelines, storage tanks, or other facilities
on the Premises, (2)any casement or right to access on or over the surface of the Premises for the purpose
of prospecting for, mining, extracting,transporting, or storing such Oil and Gas Rights, or(3) any right to
941,g prt title
4893174 04/18/2023 04:17 PM
Page 2 of 6
extract such Oil and Gas Rights by any surface mining methods or to disturb the surface of the Premises or
any improvements thereon in any manner whatsoever.
The singular number shall include the plural, the plural the singular, and the use of any gender shall be
applicable to all genders.
ISIGNATtJRES APPEARING ON FOLLOWING PAGEI
h� -
4893174 04/18/2023 04:17 PM
Page 3 of 6
IN WITNESS WHEREOF,the Grantor(s)has executed this deed on the date set forth above.
WETCO FARMS INC.
A COLORADO CORPO TION
By:
Name: raig rrow
Title: Presi nt 1
State of Colorado )
) §
County of /0p.ij )
The foregoing instrument was acknowledged before me this /y/1' day of
2023, by Craig(Sparrow, President, of the Wetco Farms Inc., a Colorado
corporation.
Witness ; ►. d and official seal.
CHERYL KERN My or '.s n expires:
SEAL NOTARY PUBLIC %
STATE OF COLORADO
NOTARY ID 19954011852 •MY COMMISSION EXPIRES AUGUST25 Ty P.blic
Eric W.Ansart,PLS 38356,for and on behalf of City of Aurora,Colorado. 13636 E.Ellsworth Ave.,Aurora,CO 80012
Name and address of person creating newly created legal description(38-35-106.5,C.R.S.)
REVIEWED BY: APPROVED AS TO FORM:
Michelle GardKtr
Hector Reynoso Michelle Gardner
Real Property Services—Manager Senior Assistant City Attorney
REVIEWED BY:
FAID il: 228631
Dawn Jewell
Water Resou ces Manager
Pursuant to Sec.39-13-104,C.R.S.as amended,consideration paid for this conveyance is SI,00
REV6.12.I7 Page 3 of 6 RSN OR PARCEL#
4893174 04/18/2023 04:17 PM
Page 4 of 6
REV6.12.17 Page 4 of 6 RSN OR PARCEL it
4893174 04/18/2023 04:17 PM
Page 5 of 6
EXHIBIT A
A parcel of land situated in Section 4,Township 4 North,Range 63 West of the 6th Principai Meridian,
County of Weld,State of Colorado,being all of that parcel of land described in that Corrected Quit
Claim Deed recorded at Rec.No.4414580 in the office of the Weld County Clerk and Recorder,more
particularly described as follows:
The West 1/2 of Section 4 in Township 4 North,Range 63 West of the 6th Principal Meridian,
AND
That part of the East 1/2 of said Section 4 described as follows:
Beginning at a point 2,155 feet west of the northeast corner of said Section;
Thence south 5,417 feet to the south line of said Section;
Thence west to the center line of said Section;
Thence north to the north line of said Section;
Thence east to the place of Beginning.
Illustration generally depicting the above description attached and made a part hereof.
= oo REG/Sl`�s
Eric W.Ansart 1 ▪.41• e
Colorado PLS#38356 +i 38356 —rail
For and on behalf o,'
City of Aurora,Colorado t1 F4 `tirc2l.•' �i
13636 E.Ellsworth Ave. `N‘kiaitlL
Aurora,Colorado 80012
Page 1 of 2
REV6.12.I7 Page 5 of 6 RSN OR PARCEL #
4893174 04/18/2023 04:17 PM
Page 6 of 6
ILLUSTRATION FOR
EXHIBIT A
NW COR.SEC.4, NE COR.SEC.4,
T4N,R63W
T4N,R63W /�(47�•
WC.R JO ------ -----� I
1
N '
1
1
j 1 I
r
ma` s\ i
-— — — l
�\ ' REG �`x
.N,`.--. ; • 38356 -- '
'\` tl ••s •• 322/2023•. i
t,,pc�s•
`•
ti ,‘‘‘‘,44L LAMS—
SE COR.SEC.4,
SW COR.SEC 4. T4N,R63W
T4N.R63W
This dcawmg does not represent a mcnumented survey.It Is Intended only to approximately depot a estimate the location of the attached legal description ,
CITY OF AURORA, COLORADO
A PARCEL OF LAND SITUATED IN
DRAWN 9Y: SCALE: p 0,Y FAG HNA3EF SEC.4,T4N,R63W, 6TH P.M.,COUNTY
FJV. r.oYE OF WELD,STATE OF COLORADO
r.NEO.ED BY DATE ..C•ri„'.+eER
CMC 2f2'0'43
PAGE 2012
I EV6 12.17 Page 6 of 6 RSN OR PARCEL#
From: Tom Parko Jr
To: bbwrench aC)aol.com
Subject: USR18-0001
Date: Friday,January 12,2024 9:47:00 AM
Attachments: ResUSR18-0001,pdf
jmage002.onq
jmage003.ong
jmaae004.onq
Good morning,
I've been tasked to clean up old case files with Weld County and our records indicate that you are
listed as a contact for USR18-0001. Please see attached Resolution.This case was conditionally
approved by the Board of County Commissioners in May 2018 for sales of construction equipment.
Our records indicate that this USR was not perfected (recorded). If this USR has not been recorded,
please work with the case Planner, Chris Gathman to finalize any conditions of approval so we can
finalize the USR. Chris' email address is cgathmanftweld.gov. If the business is not operational
please let me know and we can take the case before the BoCC for recission. Please don't hesitate to
contact me with any questions.
Best,
Tom Porko
Community Development Coordinator
Weld County Government
1402 N. 17th Avenue
Greeley, Colorado 80631
tel: 970-400-3572
tparko@weld.gov
1 t j r - >t
From: Whitney.Lyle
To: Chris Gathman.;Tom Parko Jr;Viail.Edward;Tibbs.Ale;Revnoso.Hector;Jewell.Dawn.
Subject: USR18-0001 Withdrawal Request
Date: Monday,April 29,2024 4:11:12 PM
Attachments: jmaae001.DnQ
jmage002.ong
Weld BOCC Withdrawal Letter 2024.odf
( ;mlion:This email originated from outside of Weld County Government.Do not click links or open attachments unless
you recognize the sender and know the content is safe.
Chris,
Here is our letter requesting withdrawal from USR18-0001,signed by Marshall Brown, General
Manager of Aurora Water. Please let us know if you need anything else.
Thanks,
Lyle Whitney
Project Manager I Water Supply & Demand I Aurora Water
� ! � CORE
y ... Integrity•Customer Service
•'QOR Respect•Professionalism
mobile 303.579.29_90 I office 720.859.4372
Facebook I Twitter I Nextdoor AuroraTV.orci
One of Aurora's core values is respect. Sharing personal gender pronouns is one way to
practice respect for the diversity that makes Aurora great.
Please consider the environment before printing this email.
RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0001, FOR ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (SALE OF CONSTRUCTION EQUIPMENT,
MISCELLANEOUS EQUIPMENT AND TRUCKS AND TRAILERS, VEHICLE
MODIFICATION AND DISMANTLING OF WRECKED VEHICLES AND SALE AND/OR
RECYCLING OF DISMANTLED VEHICLE PARTS) 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 —
WETCO FARMS, INC., C/O BRETT BLOOM
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 9th day of
May, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of WETCO Farms, Inc., 2055 1st Avenue, Greeley, CO 80631, c/o Brett Bloom,
3202 Barclay Court, Evans. CO 80620, for a Site Specific Development Plan and Use by Special
Review Permit, USR18-0001, for any Use permitted as a Use by Right. Accessory Use. or Use
by Special Review in the Commercial or Industrial Zone Districts (sale of construction equipment,
miscellaneous equipment and trucks and trailers, vehicle modification and dismantling of wrecked
vehicles and sale and/or recycling of dismantled vehicle parts) 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, on the following described
real estate, being more particularly described as follows:
W1/2 and part of the E1/2 of Section 4, Township 4
North, Range 63 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the Board heard all of the testimony and statements of those present and
deemed it appropriate to continue the matter to August 8, 2018, at 9:00 a.m., to allow the applicant
adequate time to address the following issues: dust abatement, negotiate an agreement with the
ditch company, demonstrate an adequate water supply, provide more evidence from CDOT
regarding the access points. and to work with the neighbors, and
WHEREAS, on August 8, 2018, the Board heard all of the testimony and statements of
those present and reviewed the request of the applicant and, having been fully informed, deemed
it appropriate to grant the request of the applicant's attorney to continue the matter to October 17,
2018, at 10:00 a.m.. to allow the applicant additional time to continue to negotiate a crossing
agreement, and
WHEREAS, on October 17, 2018, the Board heard all of the testimony and statements of
those present and reviewed the request of the applicant and, having been fully informed, deemed
it appropriate to grant the request of the applicant's attorney to continue the matter to January 30,
2019, at 10:00 a.m , to allow the applicant additional time to negotiate a crossing agreement. and
c.c PL (GG(-cP), Pw(£P),Et-t( L.L), 2018-1394
Ga C t3G G,PPt_, G PPL R,g p PL2548
otiiaait9
SPECIAL REVIEW PERMIT (USR18-0001) —WETCO FARMS, INC., C/O BRETT BLOOM
PAGE 2
WHEREAS, on February 11, 2019, the Board heard all of the testimony and statements
of those present and reviewed the request of the applicant and, having been fully informed, finds
that this request be approved and the matter should be continued to March 6, 2019, at 10:00 a.m.,
to allow WETCO Farms, Inc., do Brett Bloom, adequate time to have a full quorum to hear the
case.
WHEREAS,on March 6, 2019, at said hearing, the applicant was present and represented
by Attorney William Hughes, of Winters, Hellerich and Hughes, LLC, 5401 W. 10th St., Suite 201,
Greeley, CO 80634, 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 unfavorable
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.
1) Section 22-2-20.B.2 (A.Policy 2.2) of the Weld County Code states:
"Allow commercial and industrial uses, which are directly related to
or dependent upon agriculture, to locate within agricultural areas
when the impact to surrounding properties is minimal or mitigated
and where adequate services and infrastructure are currently
available or reasonably obtainable. These commercial and
industrial uses should be encouraged to locate in areas that
minimize the removal of agricultural land from production." The
business works on Agricultural related (as well as other)equipment.
The proposed USR will be located on the areas of the existing
property that are located outside of the existing irrigated cropland
areas of the parcel.
2) 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."The proposed business will be
located on areas of an irrigated agricultural parcel that are not in
production. The application indicates there will be no outdoor
2018-1394
PL2548
SPECIAL REVIEW PERMIT (USR18-0001) —WETCO FARMS, INC., C/O BRETT BLOOM
PAGE 3
storage associated with the shop building. The proposed use is in
an area that can support this development and the existing
screening, the Development Standards, and the Conditions of
Approval (including limiting hours of operation, a screening plan,
no outside storage) will assist in mitigating the impacts of the
facility on the adjacent properties and ensure compatibility with
surrounding land uses and the region.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-40.S of the Weld County Code provides for any Use
permitted as a Use by Right, Accessory Use, or Use by Special
Review in the Commercial or Industrial Zone Districts (equipment
and truck and trailer sales, vehicle modification, dismantling of
wrecked vehicles and sale and/or recycling of dismantled vehicle
parts) 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 an regulations controlling subdivisions as a Use by
Special Review in the A(Agricultural) Zone District.
2) Section 23-3-10 — Intent, states, in part: "The A (Agricultural) Zone
District is also intended to provide areas for the conduct of uses by
Special Review which have been determined to be more intense or
to have a potentially greater impact than uses Allowed by Right."
The proposed use is in an area that can support this development
and the existing screening, the Development Standards, and the
Conditions of Approval (including limiting hours of operation, a
screening plan, no outside storage) will assist in mitigating the
impacts of the facility on the adjacent properties and ensure
compatibility with surrounding land uses and the region.
C. Section 23-2-230.B.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The proposed shop area at the
northeast corner of the site is closest to residences in the area. The nearest
residences are approximately 600 feet to the east, approximately 900 feet
to the north and approximately 3,200 feet to the east of the proposed shop
site. Staff received one (1) letter of concern/objection from a neighboring
property owner to the east who claims sand was brought in Fall
2016/Spring 2017. He claimed sand from this site was blowing onto his
property (photos have been provided as well) and requested a wind break
and fence be installed along the eastern property line. The application
indicated the vehicle circulation area around the shop building and parts
storage building at the northeast end of the site will be concrete. The
vehicle display area at the southeast portion of the site will be gravel. The
existing road connecting the shop area and the vehicle display consists of
pulverized asphalt and gravel. The majority of the property outside of these
areas is cropland. This proposed USR also includes a requested waiver
from the Weld County sign requirements delineated in Chapter 23 of the
2018-1394
PL2548
SPECIAL REVIEW PERMIT (USR18-0001) —WETCO FARMS, INC., CIO BRETT BLOOM
PAGE 4
Weld County Code to allow one (1) ninety (90) square-foot freestanding
sign that is twenty-eight (28) feet in height and one (1) one-hundred (100)
square-foot wall sign in the A (Agricultural) Zone District. The Board finds
the 100-square-foot wall sign to be acceptable and all other signs shall
adhere to the requirements of the code.
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 not located within a three (3) mile referral area of
any municipality, nor is it located within any existing Intergovernmental
Agreement Area (IGA) of a municipality.
E. Section 23-2-230.B.5 -- The site does not lie within any Overlay Districts.
The property is not within the Geologic Hazard Overlay District, a Special
Flood Hazard Area or the Airport Overlay District. 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 approximately 203 acres delineated
as "Prime if Irrigated" and "Other" per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map. The majority of the site is
delineated as "Prime if Irrigated," with the southern portion of the site
delineated as "Other". The proposed shop location is proposed to be
located in an eight (8)-acre location that is currently not irrigated. The
proposed 9.5-acre truck sales lot is located in the southeastern portion of
the site in the area delineated as "Other". The majority of the remainder of
the site is and will remain irrigated cropland.
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 ensure that
there are adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County. 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 WETCO Farms, LLC, do Brett Bloom, for a Site Specific
Development Plan and Use by Special Review Permit, USR18-0001, for any Use permitted as a
Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone
2018-1394
PL2548
SPECIAL REVIEW PERMIT (USR18-0001) —WETCO FARMS, INC., CIO BRETT BLOOM
PAGE 5
Districts (sale of construction equipment, miscellaneous equipment and trucks and trailers,
vehicle modification and dismantling of wrecked vehicles and sale and/or recycling of dismantled
vehicle parts) 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, on the parcel of land described above be, and hereby is, granted subject to
the following conditions:
1. Prior to recording the plat:
A. A Final Drainage Report and Certification of Compliance stamped and
signed by a Professional Engineer registered in the State of Colorado is
required.
B. The applicant shall address the requirements of the Central Weld County
Water District, as stated in the letter referral, dated May 21, 2018. Written
evidence of such shall be provided to the Department of Planning Services.
C. The applicant shall submit a Landscaping and Screening Plan for review
and approval. The vehicle circulation and staging area adjacent to the south
of the proposed shop and storage buildings shall be screened by a solid
wooden, metal or vinyl fence, landscaping and vegetation, or a combination
thereof.
D. The plat shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0001.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall delineate on the map the trash collection areas.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
5) The two (2) signs shall adhere to the criteria, as stated in the
Development Standards, as approved by the Board of County
Commissions on May 9, 2018. All other signs shall adhere to
Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and
23-E of the Weld County Code. All approved signs shall be shown
on the map.
1) Sign 1 (unlit sign wall sign) a total of 100 square feet in size
to be located on the northern building face of the proposed
20,000 square foot shop/office building. The wall sign shall
not project above the height of the building.
2018-1394
PL2548
SPECIAL REVIEW PERMIT (USR18-0001) —WETCO FARMS, INC., C/O BRETT BLOOM
PAGE 6
2) All other signs shall adhere to Chapter 23, Article IV,
Division 2 and Appendices 23-C, 23 D and 23-E of the Weld
County Code.
6) The map shall delineate the landscaping and/or screening.
7) The map shall delineate the lighting.
8) The map shall delineate the parking area for the vendors,
customers and/or employees.
9) County Road 50 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road which requires
60 feet of right-of-way at full buildout. The applicant shall delineate
on the site plan the existing right-of-way. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
10) County Road 65 Section Line is shown to have 30 feet of
unmaintained section line right-of-way per the Weld County GIS
right-of-way map. The applicant shall delineate the existing
right-of-way on the site plan. All setbacks shall be measured from
the edge of the right-of-way.
11) The applicant shall show and label the approved access locations,
and the appropriate turning radii (60') on the site plan. The applicant
must obtain an Access Permit in the approved location(s) prior to
construction.
12) The applicant shall show the approved Colorado Department of
Transportation (CDOT) access(es) on the site plan and label with
the approved Access Permit number.
13) The applicant shall show and label the approved tracking control on
the site plan.
14) The applicant shall show and label the entrance gate, if applicable.
An access approach that is gated shall be designed so that the
longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event shall the
distance from the gate to the edge of the traveled surface be less
than 35 feet.
15) The applicant shall show and label the section line right-of-way as
"CR 65 Section Line Right-of-Way, not County maintained."
16) The applicant shall show and label the accepted drainage features
and drainage flow arrows. Stormwater ponds should be labeled as
2018-1394
PL2548
SPECIAL REVIEW PERMIT (USR18-0001) —WETCO FARMS, INC., C/O BRETT BLOOM
PAGE 7
"Stormwater Detention, No-Build or Storage Area" and shall include
the calculated volume.
17) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
18) The applicant shall show and label all recorded easements on the
map, by book and page number or reception number and date.
2. Upon completion of Condition of Approval#1 above, the applicant shall submit one
(1) paper copy or one (1) electronic copy (.pdf) of the plat for preliminary approval
to the Weld County Department of Planning Services. 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 shall be recorded in the office of the
Weld County Clerk and Recorder by the Department of Planning Services. The
plat shall be prepared in accordance with the requirements of Section 23-2-260.D
of the Weld County Code. 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 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 be 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 format is a projected ESRI
shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983
UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS
0501 (US Feet)....etc.). 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.
6. Prior to the issuance of the Certificate of Occupancy:
A. An On-Site Wastewater Treatment System (OWTS) is required for the
proposed facility and shall be installed according to the Weld County
On-Site Wastewater Treatment System Regulations. The OWTS is
required to be designed by a Colorado Registered Professional Engineer
according to the Onsite Wastewater Treatment System Regulations.
7. 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
2018-1394
PL2548
SPECIAL REVIEW PERMIT (USR18-0001) —WETCO FARMS, INC.. C/O BRETT BLOOM
PAGE 8
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 6th day of March, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WE D COUNTY, COLO ADO
ATTEST: d.itifet) Barbara Kirkmeyer, hair
Weld County Clerk to the Board
EXCUSED
Mike Freeman, Pro-T
BY: a' Jt_I l. . .i4L.4/.._ na"mr`•_
Deputy Clerk t" the Board ,���, 1-. LL,a _
-• 01:an P. Conway
1111
A ED AS T 1101 'Ws� CUSED
�42"V ` •tt K. James
ounty A orney %(4 #fX �"
Steve Moreno
Date of signature: 9/8/V9
2018-1394
PL2548
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
WETCO FARMS, INC., C/O BRETT BLOOM
USR18-0001
1. The Site Specific Development Plan and Use by Special Review Permit, USR18-0001, is
for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (sale of construction equipment, miscellaneous
equipment and trucks and trailers, vehicle modification and dismantling of wrecked
vehicles and sale and/or recycling of dismantled vehicle parts) 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. This
proposed USR also includes a requested waiver from the Weld County sign requirements
delineated in Chapter 23 of the Weld County Code to allow one-hundred (100) square-foot
wall sign, 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 hours of operation are 8:00 a.m. — 5:00 p.m., Monday — Friday; and,
8:00 a.m. — 12:00 p.m., Saturday. These hours do not include occasional customer pick
up and drop off of equipment and vehicles which can occur outside of these hours.
4. There will be no outside storage associated with the vehicle modification and dismantling
operation.
5. The number of on-site employees shall not exceed ten (10).
6. The parking area on the site shall be maintained.
7. The landscaping/screening on the site shall be maintained in accordance with the approval
Landscaping/Screening Plan.
8. The proposed wall sign shall adhere to the below criteria as approved by the Board of
County Commissioners.
1) Sign 1 (unlit sign wall sign) a total of 100 square feet in size to be located on the
northern building face of the proposed 20,000 square foot shop/office building. The
wall sign shall not project above the height of the building.
2) All other signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices
23-C, 23-D and 23-E of the Weld County Code.
9. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, C.R.S. §30-20-100.5) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
2018-1394
PL2548
DEVELOPMENT STANDARDS (USR18-0001) —WETCO FARMS, INC., C/O BRETT BLOOOM
PAGE 2
10. 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, C.R.S. §30-20-100.5.
11. 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 Chapter 14, Article I, of the
Weld County Code.
12. Fugitive dust should attempt to be confined on the property. Uses on the property should
comply with the Colorado Air Quality Commission's Air Quality Regulations.
13. The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District, as delineated in C.R.S. §25-12-103.
14. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to On-Site Wastewater Treatment Systems.
15. Adequate drinking, handwashing and toilet facilities shall be provided for employees, at
all times. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
16. 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 and shall adhere to "Low Risk Discharge
Guidance: Discharges from Surface Cosmetic Power Washing Operations To Land July
2010," as specified by the State.
17. A current copy of the Spill Prevention, Control and Countermeasure Plan, signed and
certified by a Professional Engineer, shall be available on-site, at all times.
18. The facility shall comply with all provisions of the State Underground and Above Ground
Storage Tank Regulations.
19. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions
Permit Application and obtain a permit from the Air Pollution Control Division of the
Colorado Department of Public Health and Environment, as applicable.
20. 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.
21. Secondary containment shall be constructed around tanks to provide containment for the
largest single tank and sufficient freeboard to contain precipitation. Secondary
containment shall be sufficiently impervious to contain any spilled or released material.
Secondary containment devices shall be inspected at regular intervals and maintained in
good condition. All secondary containment will comply with the provisions of the State
Underground and Above Ground Storage Tank Regulations.
2018-1394
PL2548
DEVELOPMENT STANDARDS (USR18-0001) —WETCO FARMS, INC., CIO BRETT BLOOOM
PAGE 3
22. The applicant shall obtain a Colorado Discharge Permit System (CDPS) permit from the
of the Colorado Department of Public Health and Environment (CDPHE), Water Quality
Control Division, as applicable.
23. The facility shall notify the County of any revocation and/or suspension of any State-issued
permit.
24. The applicant shall notify the County upon receipt of any compliance advisory or other
notice of non-compliance of a State-issued permit, and of the outcome or disposition of
any such compliance advisory or other notice of non-compliance.
25. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
26. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
27. The access off of County Road 50 shall be for emergency use only.
28. There shall be no parking or staging of vehicles on public roads. On-site parking shall be
utilized.
29. Any work that may occupy and/or encroach upon any County rights-of-way or easement,
shall acquire an approved Right-of-Way Use Permit prior to commencement.
30. The historical flow patterns and runoff amounts on the site will be maintained.
31. Weld County is not responsible for the maintenance of on-site drainage related features.
32. Sources of light shall be shielded so that beams or rays of light will not shine directly onto
adjacent properties. Sources of light should not cause a nuisance or interfere with the use
on the adjacent properties in accordance with the map. 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.
33. 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 2017 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.
34. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
2018-1394
PL2548
DEVELOPMENT STANDARDS (USR18-0001) —WETCO FARMS, INC., C/O BRETT BLOOOM
PAGE 4
35. 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.
36. 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.
37. 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.
38. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under Title 34 of the Colorado Revised Statutes, minerals are vital
resources because (a)the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and persons moving into these areas
must recognize the various impacts associated with this development. Oftentimes, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
39. 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 map and recognized at all times.
2018-1394
PL2548
Hello