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Home My WebLink About20240581.tiffRESOLUTION RE: ACCEPT REQUEST TO WITHDRAW APPLICATION FOR A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR16-0033, 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 ELECTRICAL EQUIPMENT IN AN EXISTING BUILDING, ALONG WITH AN OFFICE AND PARKING AND STAGING OF COMMERCIAL VEHICLES ASSOCIATED WITH THE ELECTRICAL BUSINESS) 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 #2016-3359, DATED NOVEMBER 9, 2016 - HOLLIS REVARD 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 November 9, 2016, the Board approved the application of Hollis Revard, 31099 County Road 41, Greeley, Colorado 80631, for a Site Specific Development Plan and Use by Special Review Permit, USR16-0033, 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 electrical equipment in an existing building, along with an office and parking and staging of commercial vehicles associated with the electrical business) 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, and: Lot B of Recorded Exemption, RE -1283; being part of the SE1/4 SE1/4 of Section 29, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, on March 6, 2024, the Board was presented with an email, dated January 18, 2024, from the applicant requesting the withdrawal of the application, stating the original applicant no longer owns the property, 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 grant the applicant's request and thereby accept the withdrawal of the application, and rescind Resolution #2016-3359, dated November 9, 2016. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Hollis Revard to withdraw the application for a Site Specific Development Plan and Use by Special Review Permit, USR16-0033, 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 electrical equipment in an existing building, along with an office and parking and staging of commercial vehicles associated with the electrical business) provided that the cc Ft (Tr/ER/MI.1/(Z), ASR(SG), f}PPL. /a5/2N 2024-0581 PL2450 WITHDRAW USR16-0033 AND RESCIND RESOLUTION #2016-3359 - HOLLIS REVARD PAGE 2 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, accepted. BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Resolution #2016-3359, dated November 9, 2016, be, and hereby is, rescinded. 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., 2024. BOARD OF COUNTY COMMISSIONERS WELD COUNTI� LORADO ATTEST: Weld County Clerk to the Board B4-6P:019-nt Deputy Clerk to the Board APPRM: County torney IJfai4Date of signature: Keviip.B--Rpss, Chair Mike Freeman Pro-Tem Scbtt K. James Air% `ori Saineooli 2024-0581 PL2450 To: From: Cc: Subject: Hearing Date: Owner: DEPARTMENT OF PLANNING SERVICES MEMORANDUM Board of County Commissioners " Tom Parko, Department of Planning Services Chris Gathman, Planner Ill USR16-0033 - Consider rescission of conditionally approved permit March 6, 2024 Holly Susan Revard (currently owned by Oscar Puga) Legal Description: Lot B Recorded Exemption RE -1283; being part of the SE4SE4 of Section 29 T6N R65W of the 6th PM, Weld County, CO. Address: 31099 County Road 41, Greeley, CO. 80631 Location: West of and adjacent to County Road 41 and approximately 460 feet north of O Street (County Road 64). Parcel Number: 0803-29-0-00-104 Parcel Size: +/- 5.85 acres Zoning: A (Agricultural) Summary: This purpose of this memorandum and hearing is to seek direction from the Board of County Commissioners regarding the approved, but not perfected USR13-0030. Use by Special Review permit # USR16-0033 (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 (storage of electrical equipment in an existing building along with an office and parking and staging of commercial vehicles associated with the electrical business), was conditionally approved by the Board of County Commissioners and the Final Resolution was signed on November 9, 2016 (Exhibit A). On January 12, 2024, Planning Staff sent an email to the owner requesting status of the permit (Exhibit B). The Planning Department received an email dated January 18, 2024, from Ms. Revard stating that they moved and with it the business (Exhibit C). Additionally, planning staff conducted a site inspection and verified that there doesn't appear to be a business on the property. 311e 2024-0581 T L245D Based on the correspondence received from the -owner, Planning Staff recommends that the Board of County Commissioners rescind Use by Special Review Permit No. USR16- 0033. Exhibits: A: Signed BOCC Resolution B: Email to owner dated January 12, 2024 C: Email from owner to staff dated January 18,2024 D: Vicinity Map G: Draft USR Map • . • • . From: To: Cc: Subject: Date: Thursday, January 18, 2024 12:16:35 PM Attachments: jmaae002.onq jmage003.onq jmaoe004.nnq }lolly Revard Tom Parko Jr Caution: 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. Tom, We have sold this property at 31099 County Road 41, Greeley, CO, and are no longer involved with this resolution or this address. Thank you, Holly Shuster On Fri, Jan 12, 2024 at 10:01 AM Tom Parko Jr <tparko@weld.gov> wrote: 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 USR16-0033. Please see attached Resolution. This case was conditionally approved by the Board of County Commissioners on November 9, 2016 for commercial storage. 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 cgathman@weld.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 Parko Community Development Coordinator Weld County Government 1402 N. 170h Avenue dgis• WI -1.D COUNTY Enter Map Ttle 2859 0 142.96 285 9 Fee t WGS_1984_Web Mercator Auxiliary_Sphe•e C Weld County Colorado map 's a user generated scatc oti.Tut tot - et r'-appn; site and as to- 'eferer ce only rata ssy?rs rt a" appear o- t -is mao Tay a nay rot be accurat current or otherw'se tellable THIS MAP IS NOT TO BE USED:OR NAVIGATION FrY4 ;. :r•, • It Legend _1 • • • O Parcels Floodplain - 1 abels Floodplain - 500 Year Floodplain - 100 Year Zone A Floodplain - 100 Year Floodwa Floodplain - 100 Year Zone AE Floodplain - 100 Year Zone Al- Floodplain - 100 Year Zone AC Highway County Boundary Notes Enter Map Descriatior - r/ n -1 "'tarn Cr y J. R*. fir. _ -�4! k _____.034 t _1_ Imagery. 14 ji, El [dill Till hi Pill .ILI- Floodplain - 100 Floodplain - 100 Floodplain - 100 Floodplain 100 Floodplain - 100 s fry is c u*' ge efa:r'.i vatic cum: an Interne: mapping ste a^c s -efeence 314 !avers tla: appea• -.N:s snap ney 3( may ^ce to acc..rat ..Jrent o• orecw'se ce+ab'e -HIS MAP IS NOT TO 3E USED FOa NAVIGATION Year Zone A Year Floodwa Year Zone AE Year Zone At - Year Zone AC OIL / 1,41§-Rittsosagst. RAILR ING_, SrL��AE I USR SITE BEET STORAGE AG SERVICE --ttSRi4- _ NON -1041 b1A >:AC 1tP1FEICfil- frite-552AM4 dEiDEjQFAC MINE KIN A..?RES. DEV.J AC. `- - USR 1J-4032 - - I1;KV.TRA' SSIQI INE I, 847 1% e 41:` It Ot 1 it' .J , P ef 14 CO If CO /1 T �! ')' 1! RESE C PC H LABC`AT'Rl, GENERAL f•. A 4bit, �.z �• ELECT4FA SLINES 11 ri USR 14.0021 100 LS1 COY�Cr'- Q_ ci e �oncf ei e, ,4 C S. O9"C)1' 43" E. 435.45' 16' 011'01" W. 64. 46' 3©O N.15. 06' 15" W. 543.47' N. 15.06'15" 23.50' N. 06.49' 33"- W. 407.59' -"-QUARTER CORNER Secliont' 29/32-6-65 30 �5ECTIUIJ CORNER Sections, 28/29/52, G w.C.1r. # 41 (Ist AVE.) 5. 27"511'2I" E. 77.32' N. 94. 34' 56" E. 30.00' x- 3O' Za4/117 4)J5. . 05' 25' 04" E. 480.31' See Oeloll n' 5e1 10" of II''1 Rellor with yellow plastic cop stomped' (ryp.) 3- SURVEY to MASKO S. 05'25'04"E. 479.39' W. C.R. If 64 OASIS OF BEARINGS Freese Engineerinq Surrey 1977-124 (May 26, I977) 4,551. WELL) COUNTY Enter Map Title 1,144.0 WGS_1984._Web_Mercator Auxiliary_Sohere © Weld County Colorado 572 C2 11440 Feet Th s map is a user gererateJ static output from an Internet mapping site and is fcr reerence cny. rata layer; that as gear or :his -nap may or may no: be accurate. currentor ot"erwise reliaole THIS MAP IS NOT TO BE USED FOR NAVIGATION Enter Map Description Parcels Floodplain - Labels Floodplain - 500 Year Floodplain - 100 Year Zone A Floodplain - 100 Year Floodwa Floodplain - 100 Year Zone AF Floodplain - 100 Year Zone Al- Floodplain - 100 Year Zone AC Highway County Boundary Notes WELL) COON Y Enter Map Title MWMAre I 285.9 WGS_1984_Web_Mercator_Auxiliary_Sphere © Weld County Colorado 142.96 285.9 Feet Tn,s rap is a user generated statc output f•om an Internet mapping site and is for reference only Data sayers teat appear on rrs map 'nay or may not be accurate. csrtent, or otherwise reiiatie THIS MAP IS NOT TO BE USED FOR NAVIGATION Legend n • • • O Parcels Floodplain - Labels Floodplain - 500 Year Floodplain - 100 Year Zone A Floodplain - 100 Year Floodwa Floodplain - 100 Year Zone AE Floodplain - 100 Year Zone Al- Floodplain - 100 Year Zone AC Highway County Boundary Notes Enter Map Description Go. gle Maps Imagery O2016 Google, Map data ©2016 Google 100 ft .-..--. This map is a ..ser generated static output from an Internet mapping site and s or reference only Data layers that appear on this map may or may not be accurate, current, or otherwise relpaole This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION O73 111111 IIIIIIIIII MI IIII IIIIIII 1111111111 200073 06!27/iSfB f0.37A Moid Couniy CO Se11R0,0007.90A01/tt Trrk tr. Warranty Deed THIS DiJED Is a ronreyana of the real prapeny described below, lnchl�d'In(�cary� �lowD GRANTOR t�the Indi�da■K 1 'property") from tM IadlrWMl(a), corytmtidn(e), Dar=n tship(a), or ether ter enti.(fW) tl9tn06 bdrrw as GRANTfiE The GRANTOR hereby [ell■ and wmey■ the p=opery to Iha GRANrBH ...GRANTOR GRANTOR validate.. deli to the property, axitepr for (]) rAe Ildn of N■ 6eneN PnVf l ny rue. far the year of thi■ deed, wfileh the ORANT1iB will pry (1) any n"'"o7 and 11(.rr w+■y abown of record (3] any' Patent reaervaelona and exeeptione (C) any wuurdinp mMen interera ■bo.m ter «coed (J) nay praaetire eevenann and Annie rewdcdeWa n elroeord (b) any addRrowl maswa ebown... under 'Additional Warranty =cap on', dad (Z) aubkct to buIWM6 and Doon repuldont. The Bp l Tema er TOY Dreg Me: Gtaadrr: (Gl+e wme(rl arM Pte} of atlOeaG if the ream of me swaervprfWr h )wdod m a16 Dad to rcte■e Mmeaead nau, ideniJy' arnmn ti ruuWrd and wHa ) JEANNP, A. ARMSTRONG AND ROY P_ ARMSTRONG Grraar: (O. nu.G0 ••d Mdru[(n); ruremm[ of adernr. Indudins avallablr mad ter nmr[ nullbrr.l JOHN E. RENARD AND HOLLIS SUSAN REVARD 2733 22ND STREET. GREELEY, CO. 80631 Fetes d Cs-0ereanWpe Of .bet arc rue, a trot enrmn =mad, Ihq wdl: comrdsed to tike ar bored in aannavr Dalai nR w*". uavmy' ter «nrrh of Ih r■re Iranna ve rdded in dm rrrca eokwJ JOINT TENANTS l ul B Of Recorded f zeTptlon No 0803-24 4-RE1263 Baofding t0 the p)Bt txc0eddd Aogg[ st 22 Z.1 in Hook 1273 es Ric um. No. 'L22daA1, beta a .onion Dithe S 112SE1/4 of Section 29, Tot��nahm 6 Nr,Rh 0.a'tga 65 West of Ru 6th P.M.. W:1(t C:ontny, Ccloradc Peeper. Adds=: VACANT GREELEY CO 60631 CaonNanllm tTM rutww■ of ■ ddnv vnwrm v apor, NenareemnaNerubafar mn deed will be prww■ri uewa dIh awryrnre if iewake n ■ em U ear dr rib <■avayrlw b IbroW14 read lea urowYebarl ) SEVENTY TWO THOUSAND AND 00/L00 Renerrdi0a1-Reflriesona: 0= nRA GRAnTL'E' ;77.k 9lrWerry.1ntle pPpmprWr nd'[t. Wm }bl lllr b owrrd, rn if ri. GRANTOR O AddhteeW war»rs,'menden: (I.... ter o,ler rang wumrd end Oder no... ewer. abo. Fsecu[ad by ale tlrrlmron hUGI:ST 2J, 1998 ltplMore rot Or+9rrallnl 14ruerilp ter Aaalaaoa: tr... of Gown Corpora. , ri[alrridp orAroalatlon Ile Amu: s(A1tor-r ""D° [, couNTv CF WELD Hy 18ANNrl A. A IRM5TRwm ANO tig B�ARMSI ve N. day of AUUUST, 1994 Slpiatara far WORN.. M. TRt1N(i � (Ira■ee RMSTRGNO WITNES6 eery hrd wId olflol■I u■I MY com=in==g e■Dlrr: 1961 UPDATE LEGAL FORMS 2001 oratWr Patmrfahipor Nntl■Utm. ltrrn Ideally al[nen v prcaiden.er via .=olden! end dietary :rgof Dartnerehiv. or u r,rkwhed memhle(e) [If rro.la;on 1 SELO, Inc. 9.14073 WE 2636073-1998,001 Notary Public WCfC No 10L -L rcy] RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR16-0033, 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 ELECTRICAL EQUIPMENT IN AN EXISTING BUILDING, ALONG WITH AN OFFICE AND PARKING AND STAGING OF COMMERCIAL VEHICLES ASSOCIATED WITH THE ELECTRICAL BUSINESS) 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 - HOLLIS REVARD 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 November. 2016, at the hour of 10:00 a.m.. in the Chambers of the Board. for the purpose of hearing the application of Hollis Revard, 31099 County Road 41. Greeley, CO 80631, for a Site Specific Development Plan and Use by Special Review Permit. USR16-0033, 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 electrical equipment in an existing building, along with an office and parking and staging of commercial vehicles associated with the electrical business) 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 B of Recorded Exemption. RE -1283; being part of the SE1/4 SE1/4 of Section 29, Township 6 North, Range 65 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. 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: CC • r'U t'EkiA AftL 2016-3359 PL2450 SPECIAL REVIEW PERMIT (USR16-0033) - HOLLIS REVARD PAGE 2 A. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. 1) Section 22-2-20.B.2 (A.Policy 2.2) 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 Conditions of Approval and Development Standards (such as noise limits), 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. Section 23-3-40.S allows 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 electrical equipment in an existing building, along with an office and parking and staging of commercial vehicles associated with the electrical business, 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. Single-family residences are located to the north, south and southwest of the property and an existing ditch is located to the west of the site. The impacts on adjacent properties will be limited, as traffic to the site will be minimal, and the majority of storage will be located in the building and a total of three (3) work trailers would be occasionally parked/stored on the site to the west of the storage building. Development Standards will limit noise on the site and prohibit parking and staging of vehicles on county roads to mitigate impacts and ensure compatibility with the surrounding area. No phone calls or correspondence from surrounding property owners has been received regarding this case. D. Section 23-2-230.6.4 -- The uses which will be permitted will be compatible with future development of the surrounding area, as permitted by the existing zoning, and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site is located within the three (3) mile referral area of the City of Greeley. The City of Greeley in the referral comments, dated August 30, 2016, provided comments/recommendations regarding landscaping, screening, lighting and setbacks. 2016-3359 PL2450 SPECIAL REVIEW PERMIT (USR16-0033) - HOLLIS REVARD PAGE 3 E. Section 23-2-230.6.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld County Code. A portion of the site (outside of the developed area of the property) is located in a floodplain. 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 5.85 acres delineated as "Other" on the northern two-thirds of the site and "Prime" on the southern one-third of the site, per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The property is covered with existing buildings and no additional land will be improved/developed under this USR. G. Section 23-2-230.6.7 — The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Hollis Revard, for a Site Specific Development Plan and Use by Special Review Permit, USR16-0033, 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 electrical equipment in an existing building, along with an office and parking and staging of commercial vehicles associated with the electrical business) 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: Prior to recording the plat: A. The plat shall be amended to delineate the following: 1) All sheets of the map shall be labeled USR16-0033. 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) County Road 41 is a paved road and is designated on the Weld County Road Classification Plan as a local road which requires 60 2016-3359 PL2450 SPECIAL REVIEW PERMIT (USR16-0033) - HOLLIS REVARD PAGE 4 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 right-of-way. This road is maintained by Weld County. 6) Show and label the approved access (AP16-00453), and the appropriate turning radii on the site plan. 7) The applicant shall show the drainage flow arrows. 8) Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. 9) Show and label all recorded easements on the map by book and page number or reception number and date on the site plan. 10) Show and label the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number. 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 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. 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. 2016-3359 PL2450 SPECIAL REVIEW PERMIT (USR16-0033) - HOLLIS REVARD PAGE 5 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of November, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: d 4 Weld County Clerk to the Board BY: y ,G?, G . APP Clerk to the Board ty Attorney Date of signature: Mike Freeman, Chair .- Sean P. Copway, Pro-Tem JUlip A. Cozad arbara KJrkmeyer 1 l vim'„ etc Steve Moreno 2016-3359 PL2450 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS HOLLIS REVARD USR16-0033 1. The Site Specific Development Plan and Use by Special Review Permit, USR16-0033, 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 electrical equipment in an existing building, along with an office and parking and staging of commercial vehicles associated with the electrical business) 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 total number of employees shall be ten (10). 4. A maximum of three (3) work trailers associated with the business shall be parked/stored outside on the site at any one time. 5. The parking area on the site shall be maintained. 6. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. 7. 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. 8. 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. 9. 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. 10. 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. 11. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone District, as delineated in Section 25-12-103, C.R.S. 12. Adequate drinking, handwashing and toilet facilities shall be provided for employees, at all times. For employees or contractors on -site for less than two (2) consecutive hours a day, and two (2) or less full-time employees on site, portable toilets and bottled water are 2016-3359 PL2450 DEVELOPMENT STANDARDS (USR16-0033) - HOLLIS REVARD PAGE 2 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. 13. In the event the existing septic system is found to be inadequately sized or constructed, the system shall be brought into compliance with current regulations. 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. 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 beams or rays of light will not shine directly onto adjacent properties. Sources of fight 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. 17. 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. 18. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. 19. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. 20. The historical flow patterns and runoff amounts on the site will be maintained. 21. A Flood Hazard Development Permit is required for all construction or development occurring in the floodplain or floodway, as delineated on Federal Emergency Management Agency (FEMA) FIRM Community Panel Map #08123C -1533E, effective date January 20, 2016. Any development shall comply with all applicable Weld County requirements, 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. The FEMA definition of development is any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment and materials. 22. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any development activities, the owner should contact Weld County to determine if the floodplain boundaries have been modified. 2016-3359 PL2450 DEVELOPMENT STANDARDS (USR16-0033) - HOLLIS REVARD PAGE 3 23. 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 2014 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. 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. 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. 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 person moving into these areas must recognize the various impacts associated with this development. Often times, 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. 29. 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. 2016-3359 PL2450 Hello