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Home My WebLink About20211341.tiffRESOLUTION RE: DETERMINATION THAT CONDITION OF APPROVAL #1.A OF SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR18-0071, IS UNNECESSARY AND ITS SATSIFACTION BY THE APPLICANTS, JASON AND WHITNEE PATTEN, IS NOT REQUIRED 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 January 16, 2019, the Board of County Commissioners approved a Site Specific Development Plan and Use by Special Review Permit, USR18-0071, for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (construction business storage yard for trucks, trailers, pipe, materials and equipment) 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, RECX15-0156; being part of the SW1/4 of Section 16, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, on April 21, 2021, the Board was presented with a request to rescind the permit for failure to meet the Conditions of Approval, at which time the Board deemed it advisable to continue the matter for one year due to unresolved issues concerning Condition of Approval (COA) #1.A, requirements of the Colorado Division of Water Resources regarding re -permitting the existing water well (Permit #267999), and WHEREAS, the current property owners, Jason and Whitnee Patten, 3002 69th Avenue Place, Greeley, Colorado 80634, submitted a request, dated April 21, 2021, for review of COA #1.A, which states: 1. Prior to recording the map: A. The applicant shall address the requirement of the Colorado Division of Water Resources regarding re -permitting the existing water well (Permit No. #267999), as stated in the referral response dated, July 25, 2018. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services, and WHEREAS, the following factors support a determination by the Board that it is unnecessary for the Applicants to comply with said COA #1.A: 1. The existing water well referred to in COA #1.A is permitted for residential use, only. The Applicants intend to use said well for a future residence on the subject property and not for the business. c.c. PLOY")H /re), APPL OCo(O9 l 2021-1341 PL2620 DETERMINATION THAT CONDITION OF APPROVAL #1.A OF SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR18-0071, IS UNNECESSARY AND ITS SATSIFACTION BY THE APPLICANTS, JASON AND WHITNEE PATTEN, IS NOT REQUIRED PAGE 2 2. The existing water well referred to in COA #1.A is not physically located on the subject property. As such, the Colorado Division of Water Resources holds that the Applicants do not have the legal ability to re -permit the well, as required by COA #1.A. 3. Site Specific Development Plan and Use by Special Review Permit, USR18-0071, does not have any on -site employees and no water source is needed for this storage yard. Bottled water and portable toilets satisfy the requirements of Development Standard #18 of USR18-0071. WHEREAS, after reviewing the Planning staff's recommendations and hearing the testimony presented, the Board determines that COA #1.A of USR18-0071 is unnecessary, and therefore, it is no longer a requirement for the Applicants to satisfy, and WHEREAS, Mr. Patten submitted the draft USR map on May 19, 2021, for standard redline review by the Department of Planning Services. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Condition of Approval #1.A of USR18-0071, be, and hereby is, determined to be unnecessary. BE IT FURTHER RESOLVED by the Board that the Applicants, Jason and Whitnee Patten, be, and hereby are, no longer required to satisfy said COA #1.A. BE IT FURTHER RESOLVED by the Board that the Applicants submitted a draft USR map to the Department of Planning Services on May 19, 2021, thus satisfying all Conditions of Approval, therefore, the hearing to consider Rescinding USR18-0071, which was continued to April 22, 2022, be, and hereby is, dismissed. 2021-1341 PL2620 DETERMINATION THAT CONDITION OF APPROVAL #1.A OF SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR18-0071, IS UNNECESSARY AND ITS SATSIFACTION BY THE APPLICANTS, JASON AND WHITNEE PATTEN, IS NOT REQUIRED PAGE 3 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of May, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: C/) 4frloo;e1 Weld County Clerk to the Board torney Date of signature: OS/2Si' LI oreno, Chair Steve Sc mes, mes, Pro-Te rry L. Bk 2021-1341 PL2620 DEPARTMENT OF PLANNING SERVICES MEMORANDUM To: Board of County Commissioners From: Michael Hall, Weld County Department of Planning Services Subject: USR18-0071 - Reconsideration of USR18-0071 Condition of Approval No. 1.A [PL2620] Hearing Date: May 19, 2021 Owner: Jason and Whitnee Patten, 3002 69th Avenue PI, Greeley, CO 80634 Site Address: 21468 County Road 29, Platteville, CO 80651 Legal Description: Lot B of Recorded Exemption RECX15-0156; being part of the SW4 of Section 16, T4N, R66W of the 6th P.M., Weld County, Colorado Location: East of and adjacent to CR 29; approximately 0.32 miles north of CR 44 Parcel Number: 1057-16-3-00-049 Parcel Size: +/- 9.27 acres Zoning: A (Agricultural) Summary: This purpose of this memorandum and hearing is for the Board of County Commissioners to reconsider Use by Special Review permit number USR18-0071 Condition of Approval (COA) 1.A, being an item that must be addressed prior to recording the USR map. COA 1.A states: "The applicant shall address the requirements of the Colorado Division of Water Resources regarding re -permitting the existing water well (permit #267999), as stated in the referral response dated July 25, 2018. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services." For reference, on July 23, 2018, John Kuersten applied for a Use by Special Review application, case no. USR18-0071. This USR was approved by the Weld County Board of County Commissioners on January 16, 2019 with specific Conditions of Approval as detailed in the USR Final Resolution, signed January 22, 2019 (Exhibit A). Approval of the USR corrected Zoning Code Violation ZCV18-00085, which was initiated due to an unpermitted commercial business and storage yard. On January 24, 2019, the property was sold from John and Alice Kuersten to Jason and Whitnee Patten, per Warranty Deed, reception no. 4462320. Once the property ownership was thereby transferred, the current property owners assumed the responsibility to complete the conditions of approval of the USR. At the hearing before the Board of County Commissioners on April 21, 2021, which was scheduled for the purpose for the Board of County Commissioners to consider extension or rescission of USR18-0071, it was identified that one of the outstanding conditions of approval, being COA 1.A, has proved problematic for the applicants to complete and that this condition of approval is not germane to the USR request. Specifically, COA 1.A requires the applicants to re -permit the water well permit to serve the proposed commercial business, permitted by USR18-0071, being a construction storage yard. The applicants submitted a request to remove COA 1.A on April 21, 2021 (Exhibit B). After coordination with the applicants and the Clerk to the Board, a hearing date was set for Wednesday, May 19 21, 2021 at 9:00 a.m. at the Weld County Administration Building, located at 1150 O Street, Greeley, CO 80631. The applicants were encouraged to attend this hearing. USR18-0071 Reconsideration Page 1 of 2 2021-1341 05k �LZL,W There are several factors that support removing this condition of approval as detailed below: 1) This condition is from the Colorado Division of Water Resources (CO DWR) and requires that the applicants re -permit the water well for commercial use. However, the proposed USR does not have any on - site employees and no water source is needed for this storage yard. Bottled water and portable toilets are acceptable per Weld County Department of Public Health and Environment, as reflected in the USR18-0071 Development Standards and as described in the approval findings for the USR, all per the Final Resolution. 2) The existing water well is permitted for residential use only, as such, the applicants only intend to use the water well for a future residence on the subject property, not for the business. Additionally, the existing on - site shop is will not be used for the business. 3) The water well is not physically located on the subject property. As such, the applicants do not have the legal ability to re -permit the well as required by the CO DWR as they are not the owner of the well. The applicants have limited use of the water from this well for residential purposes per the well permit restrictions and access to and use of this well is detailed per an existing shared well use agreement, dated April 13, 2017, reception no. 4293554. This agreement allows for shared use of the well, which is physically located on Lot C of RECX15-0165, between Lots A, B (subject property) and C of RECX15-0156. Therefore, because it does not appear that commercial well is needed for the use permitted by USR18- 0071, being an construction storage yard and because the applicants cannot re -permit the well as the well is not located on the applicants' property, the Department of Planning Services recommends that Condition of Approval 1.A be removed. Should the Board of County Commissioners vote to remove COA 1.A, the only remaining condition of approval is submitting the revised draft USR map (Exhibit C) to Planning staff for review. Upon staff approval of the USR map, it shall be submitted for recording. Note, the associated rescission hearing, held on April 21, 2021 has been continued for one year, to April 20, 2022. If the applicants record the USR map within this time frame, the continued rescission hearing will be dismissed. If the applicants have not recorded the USR map within this time frame, the Board of County Commissioners shall proceed forward with the continued rescission hearing. Exhibits: A: Signed BOCC Resolution, dated January 22, 2019 B: Applicant Reconsideration Request (email), dated April 21, 2021 C: Draft USR Map D: Sign Posting Affidavit & photographs USR18-0071 Reconsideration Page 2 of 2 RESOLUTION EXHIBIT N d a A RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR18-0071, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (CONSTRUCTION BUSINESS STORAGE YARD FOR TRUCKS, TRAILERS, PIPE, MATERIALS AND EQUIPMENT) 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 - JOHN AND ALICE KUERSTEN WHEREAS, the Board of County Commissioners of Weld County. Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 16th day of January, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of John and Alice Kuersten, 3954 Heatherwood Circle. Johnstown, Colorado 80534, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0071, for any Use permitted as a Use by Right. Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (construction business storage yard for trucks, trailers, pipe; materials and equipment) 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, RECX15-0156; being part of the SW1/4 Section 16, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, the applicant was present, and WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of said Use by Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendation of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 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 ordinance in effect. CC:. PL cm H1TP),taw(E.P), LHCLL),Cacct-t(C3c), °LPPL tC.PPL RAP ct1031(9 2019-0163 PL2620 SPECIAL REVIEW PERMIT (USR18-0071) - JOHN AND ALICE KUERSTEN PAGE 2 1) Section 22-2-20 G2 (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 "Productive agricultural activities are not readily supported on this parcel because of the small lot size and lack of irrigation water Additionally, the site is in a rural area but has easy access to transportation networks with State Highway 60, approximately one (1) -mile to the west and U S Highway 85, approximately two (2) miles to the east There is a large feedlot, one-half (0 5) miles to the north, that makes the area unlikely for higher density residential development The commercial Use is appropriate if the use is screened from adjacent residential and agricultural uses Additionally, the subject operation provides a needed support service to the growing construction and infrastructure needs of Weld County 2) Section 22-2-20 H (A Goal 8) states "Ensure that adequate services and facilities are currently available or reasonably obtainable to accommodate the requested new land use change for more intensive development" Water and septic service are provided to the property A water well (permit No 267999) provides water service to the property for future residential purposes A septic system is proposed for future residential purposes No structures are proposed to be used for the business The business will be served by a portable toilet and bottled water will be provided for employees when they are on the site 3) Section 22-2-20 H 4 (A Policy 8 4) states "The land use applicants should demonstrate that drainage providing stormwater management for the proposed land use change is adequate for the type and style of development and meets the requirements of county, state and federal rules and regulations " The drainage narrative was submitted and reviewed by the Department of Public Works The site meets exception F 1 a 8 for sites where the development of the site does not increase the imperviousness of the site B Section 23-2-230 B 2 -- The proposed Use is consistent with the intent of the A (Agricultural) Zone District 1) Section 23-3-10 - Intent, states, in part "The A (Agncultural) Zone Distnct 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 " 2019-0163 PL2620 SPECIAL REVIEW PERMIT (USR18-0071) -JOHN AND ALICE KUERSTEN PAGE 3 2) Section 23-3-40 S — states "Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or industrial zone distncts, 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 " C Section 23-2-230 B 3 -- The Uses which will be permitted will be compatible with the existing surrounding land uses The adjacent lands consist of farmland, rural residences, confined animal feeding operations and miscellaneous 'commercial and industrial operations' There are five (5) properties immediately adjacent to the site, two (2) with residences located on them The applicant does not own any other contiguous land There are several USRs within one (1) mile of this site SUP -21, for a feedlot, is located to the north SUP -252, for a water recycling plant, is located to the northeast MUSR15-0016, for fairgrounds and brewery, is located to the southeast USR-1185, for a machine repair shop, is located to the south USR-1354, for a gravel mining, is located to the northwest There are several USRs beyond the one (1) mile radius, including recreational facilities, mineral resource development facilities, oil and gas support and services operations, salvage and sales yards, and industrial office parks The Weld County Department of Planning Services sent notice to seven (7) surrounding property owners within 500 feet of the proposed USR boundary Planning staff received five (5) letters in opposition to this USR referenced as Planning Commission Exhibits No 1 through 5 Two (2) letters were received from properties within the 500 -foot notice area and three (3) letters were received from properties outside the notice area The letters outlined concerns with noise, traffic safety, lowering property values, changing the neighborhood dynamic and incompatibility with the area The Improvements Agreement, Conditions of Approval and Development Standards should adequately address these concerns Additionally, the existing berming and fencing around the perimeter of the site and storage yard visually buffers the operation from surrounding property owners and the roadways One hundred percent (100%) of the commercial traffic will come from the north, from County Road 46, where only one (1) residence is located No traffic will come from the south, from County Road 44, where five (5) residences are located (including the properties in opposition) This is an effort to reduce impacts to surrounding property owners 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 This site is located within the three (3) mile referral area of the City of Evan and Towns of Gilcrest, Milliken, and Platteville The Gilcrest and Platteville, referral responses, dated August 14, 2018, and August 28, 2018, stated no concerns No responses were received from 2019-0163 PL2620 SPECIAL REVIEW PERMIT (USR18-0071) - JOHN AND ALICE KUERSTEN PAGE 4 Evans or Milliken. The site is located within the Milliken and Platteville Coordinated Planning Agreement (CPA) boundaries. As part of the pre -application process, Milliken and Platteville submitted signed Notice of Inquiry forms stating that they did not have annexation interest. The site is not located in a Regional Urbanization Area (RUA) or Urban Growth Boundary (UGB) of a municipality. E Section 23-2-230.B.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld County Code. The property is not within the A -P (Airport) Overlay District, Geologic Hazard Overlay District, a Special Flood Hazard Area or MS4 area. 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.B.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The site contains soils designated as "Prime (Irrigated) - Farmlands of National Importance." The subject property is not currently used for agricultural purposes and will not further remove any active farm ground from production. Due to the small size of the property and being located in an area that has been thoroughly split by Recorded Exemptions, it is not suitable for agricultural production. 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 John and Alice Kuersten, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0071, for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (construction business storage yard for trucks, trailers, pipe, materials and equipmert) 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: 1. Prior to recording the map: The applicant shall address the requirements of the Colorado Division of Water Resources regarding re -permitting the existing water well (permit No. #267999), as stated in the referral response dated July 25, 2018. Evidence of such shall be submitted, in writing. to the Weld County Department of Planning Services. 2019-0163 PL2620 SPECIAL REVIEW PERMIT (USR18-0071) - JOHN AND ALICE KUERSTEN PAGE 5 B A Road Maintenance Agreement is required for off -site improvements at this location Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes C The map shall be amended to delineate the following 1) All sheets of the map shall be labeled USR18-0071 2) The attached Development Standards 3) The map shall be prepared per Section 23-2-260 D of the Weld County Code 4) The applicant shall show and label the parking areas for commercial vehicles and employee vehicles 5) The applicant shall show and label the outdoor storage yard for equipment and materials 6) The applicant shall show and label the existing and proposed screening and berming of the outdoor storage yard 7) The applicant shall show and label the location of the portable toilets 8) The applicant shall show and label the location of the trash collection areas Section 23-3-250 A 6 of the Weld County Code addresses the issue of trash collection areas 9) If applicable, signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2, Section 23-2-240 A 12 and Appendices 23-C, 23-D and 23-E of the Weld County Code 10) If applicable, the map shall delineate the lighting All lighting shall be shielded so that light rays will not shine directly onto adjacent properties 11) If applicable, setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the map per the setback requirements of Section 23-3-50 E of the Weld County Code 12) The applicant shall show and label all recorded easements and rights -of -way on the map by book and page number or reception number 13) County Road 29 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 2019-0163 PL2620 SPECIAL REVIEW PERMIT (USR18-0071) - JOHN AND ALICE KUERSTEN ,PAGE 6 delineate the existing right-of-way on the site plan All setbacks shall be measured from the edge of the right-of-way This road is maintained by Weld County 14) The applicant shall show and label the approved access locations, approved access width and the appropriate turning radii (60 feet) on the site plan The applicant must obtain an Access Permit in the approved location(s) prior to construction 15) If applicable, the applicant shall show and label the entrance gate 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 16) The applicant shall show the drainage flow arrows 17) The application shall show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property 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 map for preliminary approval to the Weld County Department of Planning Services Upon approval of the map the applicant shall submit a Mylar map along with all other documentation required as Conditions of Approval The Mylar map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services The map shall be prepared in accordance with the requirements of Section 23-2-260 D of the Weld County Code The Mylar map 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 map 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 2019-0163 PL2620 SPECIAL REVIEW PERMIT (USR18-0071) - JOHN AND ALICE KUERSTEN PAGE 7 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 map is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of January, A D , 2019 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, C RADO ATTEST �%;d4 Weld County Clerk to the Board BY Deputy Clerk t APP -ROVE A unty • ttorney Date of signature IfZZ/19 le, ft, 1.1860 rbara Kirkmeyer, hair klAA- Mike Freeman, Pro -Tern EXCUSED P Conway Steve Moreno 2019-0163 PL2620 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS JOHN AND ALICE KUERSTEN USR18-0071 1 The Site Specific Development Plan and Use by Special Review Permit, USR18-0071, is for a Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (construction business storage yard for trucks, trailers, pipe, materials and equipment) 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 hours of operation of the business is 7 00 a m to 7 00 p m , Monday through Saturday, during which time employees may access the site to pick-up and drop-off, commercial vehicles, equipment and materials Commercial vehicles, equipment and materials will be stored onsite 24 hours a day 4 The maximum number of external employees shall be up to ten (10) 5 The maximum number of vehicle trips per day shall be twenty (20) All commercial traffic should be directed to the site from the north on County Road 29 from County Road 46 6 The construction storage yard and commercial vehicle and employee parking areas on the site shall be maintained 7 The site shall be maintained in accordance with the approved Landscape and Screening Plan 8 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 9 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 10 The access on the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking 11 There shall be no parking or staging of vehicles on public roads On -site parking shall be utilized 12 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 13 The historical flow patterns and runoff amounts on the site will be maintained ' 2019-0163 PL2620 DEVELOPMENT STANDARDS (USR18-0071) - JOHN AND ALICE KUERSTEN PAGE 2 14 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 15 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 C R S §30-20-100 5 16 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 17 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 18 Adequate drinking, hand washing, and toilet facilities shall be provided for employees, at all times Any septic system located on the property must comply with all1provisions of the Weld County Code, pertaining to On -site Wastewater Treatment Systems 19 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 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 Portable toilets shall be screened from adjacent properties 20 A permanent, adequate water supply shall be provided for drinking and sanitary purposes The existing well (permit No 2679999) cannot be used for the business unless it is re -permitted to allow commercial use 21 The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code 22 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 23 A building permit may be required, per Section 29-3-10 of the Weld County Code Currently the following has been adopted by Weld County 2018 International Codes, 2006 International Energy Code and, 2017 National Electrical Code A Building Permit application must be completed and two complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review A , 2019-0163 PL2620 DEVELOPMENT STANDARDS (USR18-0071) - JOHN AND ALICE KUERSTEN PAGE 3 Geotechnical Engineering Report performed by a registered State of Colorado Engineer shall be required or an Open Hole Inspection 24 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 25 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, 26 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 27 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 28 The Weld County Right to Farm Statement, as it appears in Section 22-2-20 J 2 of the Weld County Code, shall be placed on the map and recognized at all times 2019-0163 PL2620 Michael Hall From: Jason Patten <jasonpatten@live.com> Sent: Wednesday, April 21, 2021 11:13 AM To: Michael Hall Subject: Re: USR18-0071 Hearing Notice Follow Up Flag: Follow up Flag Status: Flagged d .O 2 EXHIBIT B 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. Hi Michael, Per our conversation and the proposed direction of the Weld County Commissioners, can we please move forward with the removal for the water repermitting requirement stated in our USR. Please let us know if you need any additional information, and thank you for your assistance and expertise with navigating our situation. Kind regards, Jason and Whitnee Patten Sent from my Verizon, Samsung Galaxy smartphone Get Outlook for Android 1 EX/STING CONDITIONS AND TOPOGRAPHIC SURVEY 1 N I r 4tT -16NQ tOnaaRN' 101.110 1-!/A• acs CM _rio '1154 4 h S ! CASS • • orcreENCi elm sa / Mutt 1- 1/4- Nut CAP J WPC '4190 a otS 'Oils' ra0►UI' t la S Ci3TIIICA-IOa to enders.rad r;.T p.-aporrty owner :•: do hereby agree a ••e sate Witt :!.e arwlepsent than Ara J.o iv, A•ec al .e- . M araeloprw: Stasdarda as d&Kr:bed bars r r day or . 20:1 • a I'gna:er. •'A1lI%S COerlASI S Cta'.•1rcCa'10.Y '•:. ten.ty :bat :be sold Caanty ►lant.r4 Cow.o.a- Iaa <• • ' . d sod door hereby -•ea Stara to • •a W rA •' [witty Coee_o:errs Bald Carty Colorado. !et .:a cel.r..:.O. approval and adapt:on :h:. A. t• I•at.t.c 4 nL,.lellnt Plan era _OS ay Spot:al .aY:w a. .boor and 4..c, bad thetealt tau day a' ae I -to - rte Cory Plws.tne Caea..a-or BOARD OF t1ATr CO►•IISSIIAtfS COTtItG't Oa h e a to curt&fy the: the hoard o! County Cssar.arrr. aid Covey. Colorado. don hereby can!:rry and adopt :h.. I.!e apeg.!.e Deeeli.pw.t Plan and Ws* by Spec .al see ,as ar.t ,.nlate.swt (taster{s aa show and de.cr,b.d terser •h.. _der a! . acts Char Mara or County Co n:se:over. aTTUM Mid Clary Clerk :o the hoard at Deputy Chart to the Board LOT B, RECORDED EXEMPTION NO. RECX15-0156 BEING L OCA TED /N A PORT/ON OF THE SOUTHWEST ONE -QUARTER OF SECT/ON 16, TOWNSHIP 4 NORTH, RANGE 66 WEST OF THE 6TH P. 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EAST a PROPERTY Ural JO Kit AAO sire Uhl (AMhalNI NEC NO .5617771 Ina 6 21 FAA Or PROPERTY In S 11S'i 'r a 260J'.t JO* tNRD rA OR 1 SATAN DOV 0676tC1 MANAGE FASEY(NT •[C NO 1113238 COMER OUNITla Cal a SIC 't tact 446• 'OIAO J- 1/J' *as CAP eS(D '>"t S M44. 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PM SIC taE&AG ICaACNT_D ON TIE .!burntr TK SDlrwAES' COINER O SAC SECTION N 6fsC J 1 !d•ligra Cro wet° IS /NT 19r 140DN T14 AQtTr4 RY rhea A¢ 5r OtgAATrd OOaf• N SAO Mich M WIC ) Woo* van CAP WAfOD 'tSM!I!.Cr $ Ammo -o S'Aq NC•3Ta ran l' AEST / ttEan nie :EJTAD Ol19q rr4 SIUCTFeOPEa Tves•KOCEG 4-a£CEPTVN.D 'SCOW / net° pat • atS COW ONaway ,) MY / n.ANTOLa JAWS Sn0/Ar HERRN ARE r T Dorf MAO I 'f_RTCN AATW 6 W tON Sant rwS GMIFC.4 Tom (WTI AWRY F6FAMC,( A / CFASEO PRUrFSSOau TAO a r fOR N Pt S M r' ac CO 04A00 CM' lK uses or We 0004 F XI KOOV&M TOY • IOSO ETCV /CafSY STAY( r/44 (AS 4 PENA 1.01A MAD *AC MACE CaICRAHOPEC IStariteAOI/ W flout", .MN TO cams STNQAROS Or Cat 0' A wOtSSONAI LAW SI,M I POW AOICICaC4 N,'t 514It Ce °RAIXI /teS /O+tZ*.J* C 4.N.t r .o.i P• • I.O t,Q /COCCio NK' 511111r DOES Cr COA6'/17u/E A OR( S(AVCN/YAatal K 100ftear ONNERS/he a J' MU MACY J(Arr 7+E OTSCRIr,ON snot* ArAITY iC COIN r(•trltar NISO(SCRIIOa WIN T144I OfAAAa47 TRACTS OP ofITRvaft LENTS or wow M4 r 1 •Na tNT e&aiOt RS Gatato00s sonny taw .S:AIStref Li9 'OIL AAOOrs its." OA •011•U AC WA! �••4l1' 04a '/10/,,39{ XII es .110034 a heel WrOOAr..t 'a., 4 Se* MN :'e ;me eY •T Ct LENT NAME JOHN AND Al ICE KU€ STEN err frets Ne Acklam. Inc. ()-r+ti9 s.'. S.re • f0. as' NOT I OF BOARD OF COUNTY COMMISSIONERS SIGN POSTING CERTIFICATE 60 d S EXHIBIT D THE LAST DAY TO POST THE SIGN IS MARCH 9, 2021. THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF- WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A USE BY SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, MICHAEL HALL, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE BOARD OF COUNTY COMMISSIONERS HEARING FOR USR18-0071 IN THE A (AGRICULTURAL) ZONE DISTRICT. Michael Hall Name of Person Posting Sign Signature of Person Posting Sign STATE OF COLORADO ) ss. COUNTY OF WELD ) The foregoing instrument was subscribed and sworn to me this n() , 2021. WITNESS my hand and official seal. Notary Public My Commission Expires: 1DI9 (696;g day of BILLIE J. MOORE NOTARY PUBLIC STATE U} COLLIE<ADO NOTARY ID 20024034431 MY COMMISSION EXPIRES OCT. 22, 2022 4 Public hearings concerning this property will be heard before the County Planning Commission and Board of County Commissioners. Both hearings will be held at: WELD COUNTYADMINISTRATION BUILDING 1150"O"Street • Greeley, CO 80631 Planning Commission Hearing will be held on `^y 20 ; at Board of County Commissioner Hearing will be held on MAY 19 Ty 2021 ; at q:dd Am Applicant F7A r"1 -E N Request: RECONSIDERATION OF USR18-0071 CONDITION OF APPROVAL NO. 1.A U S R 18-0071 Case Number: Acres: 9.2 7 FOR FURTHER INFORMATION PLEASE CONTACT MICHAEL UAtL AT THE WELD COUNTY DEPARTMENT OF PLANNING SERVICES, AT 970-400- *lilt For Additional Information visit www.weldcountypla. g ases.or ATTENTION: Proposed Conditions related to this Slte specific Development Plan and Use by Special `' to ees, hours of operation, screening and number w Permit re u but not limited to, the number of allowable emp Y q est including of all.)�,abl sio vehicles and vehicle trips are subject to change or removal at both the Plonning Commission and Board w Count y C�r»missioners hearings. --; -ea= IwP ....;111 --..7 ' 1 ...- .....n....V.* 1 _ NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley, Colorado 80631, at the time specified. If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 400-4225, prior to the day of the hearing. The complete case file may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631. E-mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your e-mail correspondence into the case file, please send a copy to egesick@weldgov.com. DATE: May 19, 2021 TIME: 9:00 a.m. APPLICANT: Jason and Whitnee Patten 3002 69th Avenue Place Greeley, Colorado 80634 REQUEST: Reconsider Condition of Approval #1.A for Use by Special Review Permit, USR18-0071, for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (construction business storage yard for trucks, trailers, pipe, materials and equipment) 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 LEGAL DESCRIPTION: Lot B of Recorded Exemption, RECX15-0156; being part of the SW1/4 of Section 16, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado LOCATION: East of and adjacent to County Road 29; approximately 0.32 miles north of County Road 44 (See Legal Description for precise location) BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: May 7, 2021 ILI U. fU N a O O 0 rR rR SURROUNDING PROPERTY OWNERS USR18-0071 Owner JASON AND WHITNEE PATTEN LARA REYMUNDO AND LARA LA -RUE FIVE RIVERS CATTLE FEEDING LLC MATTHEW WILL AND SUSAN BUCKENDORF JOSEPH AND JESSICA HANSON THOMAS HAREN FRONT RANGE LAND & LIVESTOCK LLC WJD HOLDINGS LLC Mail Address 1 3002 69TH AVENUE PL 21514 COUNTY ROAD 29 4848 THOMPSON PKWY STE 410 21134 COUNTY ROAD 29 21280 COUNTY ROAD 29 14339 COUNTY RD 44 PO BOX 460972 7251 W 20TH ST UNIT L-200 Mail City GREELEY PLATTEVILLE JOHNSTOWN PLATTEVILLE PLATTEVILLE PLATTEVILLE DENVER GREELEY State CO CO CO CO CO CO CO CO Mail Zipcode 80634-8965 80651-8808 80534-6511 80651-8808 80651-8808 80651 80246-0972 80634-4626 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the Notice in accordance with the notification requirements of Weld County for Case Number USR18-0071 in the United States Mail, postage prepaid First Class Mail as addressed on the attached list this 7th day of May, 2021. Dated the 7th day of May, 2021. ct.i.� ,,IA aA `At Janet M. Warwick Deputy Clerk to the Board U.S. Postal Service' CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com - Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) ❑ Certified Mail Restricted Delivery ❑ Adult Signature Required ❑ Adult Signature Restricted Delivery $ $ Postage $ Total Postage and Fees Sri osqadi Here C.- 1 it QAA uskt4netitkn S e_fa�d t. N�e4 h O � Cite9tyerr® 1l Th✓c,id v `d PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions l a a) D) ID 4._ "^_ t O < < O Q >- Z „se -RP 0 ` : O E o kg c -p a) al a) m -C CD m o --C a >N cj s EL co o U a co t o ■ ■ ■ O a) o a) a) > a i) 3 'Fe O O E >, a) C O n o vi we E U Co ctsc a) a) al U as 4 O a a) " -n -s -, 2 :t.-... U U O C to 0 O X a •a "a -n -v cu o c) o).? .2 2 c C CEWtt) DOD ❑ ❑❑ ▪ a a3 • a) cc c c2 a; a) a) > Chi 4 6 U U a) CC 2 CD Q. m © Cr` E-'cC U 05 Co ig ate) 4z: 47- N 5 5 t t �-aaa)a) QQUU ❑❑N❑ 0 5- 4-a: co 0U >> ca cd ac > .� 0 -a U) a) Cx .) .5 O 0 'ro c c 0 U U) G. ) 15 a) O 0 U, C.) C) ❑ ❑En w1Sit �1J FL ciS c-cir 4 fl; k V o° C o a Q a 0(NO c_ _. 2. Article Ln CI O CI O a Ii 0 N Domestic Return Receipt PS Form 3811, July 2015 PSN 7530-02-000-9053 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 4/27/2021 10:43:06 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. afiCL Si nature Date Property Owners Within 500 Feet of Parcel # 105716300049 Account Parcel Owner Mailing Address R0025487 105716000040 LARA OFFEN LA -RUE R0025487 105716000040 LARA REYMUNDO 21514 COUNTY ROAD 29 PLATTEVILLE, CO 806518808 R0025587 105716000041 FIVE RIVERS CATTLE FEEDING LLC 4848 THOMPSON PKWY STE 410 JOHNSTOWN, CO 805346511 R4230706 105716300003 BUCKENDORF SUSAN R4230706 105716300003 WILL MATTHEW 21134 COUNTY ROAD 29 PLATTEVILLE, CO 806518808 R8947144 105716300047 HANSON JOSEPH R8947144 105716300047 HANSON JESSICA 21280 COUNTY ROAD 29 PLATTEVILLE, CO 806518808 R8947146 105716300049 PATTEN WHITNEE L R8947146 105716300049 PATTEN JASON A 3002 69TH AVENUE PL GREELEY, CO 806348965 Parcels: 8 Owner Records: 12 Page 1 of 3 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 4/27/2021 10:43:06 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. ' oigna/ure Property Owners Within 500 Feet of Parcel # 105716300049 Date Account Parcel Owner Mailing Address R8947147 105716300050 HAREN THOMAS M 14339 COUNTY RD 44 PLATTEVILLE, CO 80651 R4403086 105717000022 FRONT RANGE LAND & LIVESTOCK LLC PO BOX 460972 DENVER, CO 802460972 R8969827 105717400007 WJD HOLDINGS LLC 7251 W 20TH ST UNIT L-200 GREELEY, CO 806344626 Parcels: 8 Owner Records: 12 Page 2 of 3 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 4/27/2021 10:43:06 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Osith taak cic ed-zr1--7Or Property Owners Within 500 Feet of Parcel # 105716300049 Parcels: 8 Owner Records: 12 Date Page 3 of 3 Hello