HomeMy WebLinkAbout20210096.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR20-0028, FOR OUTDOOR STORAGE OF PUBLIC UTILITY -RELATED
EQUIPMENT AND USES (PUBLIC UTILITY SUPPORT AND SERVICE) SIMILAR TO
THE USES LISTED (OIL AND GAS SUPPORT AND SERVICE) AS PERMITTED AS
LONG AS THE USE COMPLIES WITH THE GENERAL INTENT OF THE ZONE
DISTRICT IN THE A (AGRICULTURAL) ZONE DISTRICT - LONNIE SHOEMAKER
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 6th day of
January, 2020, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Lonnie Shoemaker, 9124 County Road 23, Fort Lupton, Colorado 80621, for a
Site Specific Development Plan and Use by Special Review Permit, USR20-0028, for Outdoor
Storage of public utility -related equipment and uses (public utility support and service) similar to
the uses listed (oil and gas support and service) as permitted as long as the use complies with
the general intent of the Zone District in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
Lot B of Recorded Exemption, RECX17-0007; being
part of the N1/2 SW1/4 of Section 13, Township 2
North, Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing the matter was continued to January 6, 2021, and again to
March 3, 2021, to allow applicant time to obtain necessary reports and permits, and
WHEREAS, on March 3, 2021, 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 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:
A. Section 23-2-230.6.1 — The proposed use is consistent with Chapter 22
and any other applicable Code provisions or ordinances in effect. The
application will be harmonized with surrounding land uses in
accordance with Chapter 22, Section 22-2-30.C. The application supports
compatible economic development opportunities in accordance with
Section 22-2-40.A. The permitted use is substantially similar to multiple oil
and gas support and service facilities that are located nearby, and has been
designed to minimize the impact on the neighbors. The storage component
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of the application is nearly identical to agricultural storage facilities located
in the area and throughout the County.
B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District. The applicant's business provides service
to a wide variety of customers, including agricultural businesses and oil and
gas businesses, and others located in rural areas.
C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The permitted uses onsite are
substantially similar to other uses in the area, including agricultural support
and service, oil and gas support and service, gravel mining, and rural
residential uses. The applicant lives onsite. The adjacent neighbor to the
north provided public comment at the hearing that he was satisfied with the
visual and sound barrier the applicant had constructed between their
properties. The limited hours of operation will limit the noise and impact on
the neighboring properties.
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 vicinity near the permitted site is not expected to
undergo any substantial changes, and currently consists of compatible land
uses.
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, 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 1.7 acres of 'Prime
Soil, if irrigated' and 2.3 acres of 'Irrigated, Not Prime Soil' per the 1979
Soil Conservation Service Important Farmlands of Weld County Map. The
property is not currently irrigated and not affecting prime agricultural land.
G. Section 23-2-230.6.7 — The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards ensure that
there are adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County. The Conditions
of Approval and Development Standards, as well as the applicant's
mitigation efforts prior to the hearing before the Board of County
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Commissioners, all support the health and safety of the neighbors and the
County generally. The applicant built a barrier for sound and visual
mitigation for the neighbor to the north, who is satisfied with it. The City of
Fort Lupton has jurisdiction over the road, and has issued an access permit
to the applicant, demonstrating that they believe the traffic accessing onto
the road can do so safely.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Lonnie Shoemaker, for a Site Specific Development Plan
and Use by Special Review Permit, USR20-0028, for Outdoor Storage of public utility -related
equipment and uses (public utility support and service) similar to the uses listed (oil and gas
support and service) as permitted as long as the use complies with the general intent of the Zone
District 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:
A. The City of Fort Lupton has jurisdiction over all accesses to County
Road 23. The applicant shall contact the City to obtain an Access Permit,
as stated in the referral response received September 30, 2020. Evidence
of such shall be submitted, in writing, to the Weld County Department of
Planning Services.
B. A Final Drainage Report and Certification of Compliance, stamped and
signed by a Professional Engineer registered in the State of Colorado, is
required.
C. A Road Maintenance Agreement is required at this location. Road
maintenance includes, but is not limited to, dust control and damage repair
to specified haul routes.
D. A Change of Use Permit for a commercial building shall be submitted for
the 3,200 -square -foot accessory structure associated with ASN18-0276.
E. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR20-0028.
2) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
3) The attached Development Standards.
4) The applicant shall delineate the trash collection areas on the map.
Section 23-2-240.A.13 of the Weld County Code addresses the
issue of trash collection areas.
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5) Landscaping and screening on the site shall be maintained, in
accordance with the approved Landscape and Screening Plan.
6) On -site lighting shall be maintained, in accordance with
Section 23-2-250.D of the Weld County Code.
7) Parking areas for vendors, customers and/or employees shall be
maintained, in accordance with Chapter 23, Article IV, Division 1
and Appendices 23-A and 23-B.
8) All signs shall be shown on the map in accordance with Chapter 23,
Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code.
9) County Road 23 is a paved road and is designated on the Weld
County Functional Classification Map as a collector road, which
requires 80 feet of right-of-way at full buildout. The applicant shall
delineate and label the future and existing right-of-way (along with
the documents creating the existing right-of-way) and the physical
location of the road on the site map or plat. All setbacks shall be
measured from the edge of right-of-way. This road is maintained by
Weld County.
10) 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.
11) The applicant shall show and label the drainage flow arrows.
12) The City of Fort Lupton has jurisdiction over all accesses to County
Road 23. The applicant shall show the approved accesses on the
map and label with Access Permit number, if applicable.
13) The applicant shall show 110 feet of City of Fort Lupton future
right-of-way for County Road 23, as stated in the referral response
received September 30, 2020.
14) The applicant shall provide adequate sight distant triangles to
ensure safety of the access points.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
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
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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 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 20 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. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
5. The Use by Special Review Permit is not perfected until the Conditions of Approval
are completed and the map is recorded. 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 3rd day of March, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: diailt, ;&k,
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
APP Rd+' D AS T
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Lori S
Date of signature: O
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LONNIE SHOEMAKER
USR20-0028
1. The Site Specific Development Plan and Use by Special Review Permit, USR20-0028, is
for Outdoor Storage of public utility -related equipment and uses (public utility support and
service) similar to the uses listed (oil and gas support and service) as permitted as long
as the use complies with the general intent of the Zone District 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 hours of operation are 6:30 a.m. to 5:00 p.m., Monday through Sunday.
4. The number of on -site employees shall be up to 28, as stated in the application materials.
5. The number of commercial vehicles shall be up to ten (10), as stated in the application
materials.
6. The parking area on the site shall be maintained.
7. 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.
8. The existing and proposed landscaping and screening on the site shall be maintained in
accordance with the approved Landscape and Screening Plan. Required landscaping and
screening shall be installed within one (1) calendar year of issuance of a building permit
or commencement of use, whichever occurs sooner. Dead or diseased plant materials
shall be replaced with materials of similar quantity and quality at the earliest possible time.
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 to 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 property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement.
14. The Road Maintenance Agreement for this site may be reviewed on an annual basis,
including a site visit and possible updates.
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15. The historical flow patterns and runoff amounts on the site will be maintained.
16. Weld County is not responsible for the maintenance of on -site drainage related features.
17. 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.
18. 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.
19. 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.
20. 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.
21. The facility shall adhere to the maximum permissible noise levels allowed in the Light
Industrial Zone as delineated in C.R.S. §25-12-103.
22. Any On -Site Wastewater Treatment System (OWTS) located on the property must comply
with all provisions of the Weld County Code, pertaining to On -site Wastewater Treatment
Systems. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes. The well permitted as #310470 cannot be used for the business unless
re -permitted for commercial use.
23. For employees or contractors onsite for less than two (2) consecutive hours a day, portable
toilets and bottled water are acceptable. Records of maintenance and proper disposal for
portable toilets shall be retained on a quarterly basis and available for review by the Weld
County Department of Public Health and Environment. Portable toilets shall be serviced
by a cleaner licensed in Weld County, contain hand sanitizers and be screened from
existing adjacent residential properties and public rights -of -way.
24. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
25. Sources of light shall be shielded so that light rays 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.
26. Building Permits shall be required for any new construction or set up manufactured
structure, per Section 29-3-10 of the Weld County Code. A Building Permit application
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26. Building Permits shall be required for any new construction or set up manufactured
structure, per Section 29-3-10 of the Weld County Code. A Building Permit application
must be completed and submitted. Buildings and structures shall conform to the
requirements of the various codes adopted at the time of permit application. Currently, the
following have been adopted by Weld County: 2018 International Building Codes, 2006
International Energy Code, 2017 National Electrical Code, and Chapter 29 of the Weld
County Code. A plan review shall be approved, and a permit must be issued prior to the
start of construction.
27. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
28. 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.
29. 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.
30. The property owner or operator shall be responsible for complying with all 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.
31. Construction or Use pursuant to approval of a Use by Special Review Permit shall be
commenced within three (3) years from the date of approval, unless otherwise specified
by the Board of County Commissioners when issuing the original Permit, or the Permit
shall be vacated. The Director of Planning Services may grant an extension of time, for
good cause shown, upon a written request by the landowner.
32. A Use by Special Review shall terminate when the Use is discontinued for a period of
three (3) consecutive years, the Use of the land changes or the time period established
by the Board of County Commissioners through the approval process expires. The
landowner may notify the Department of Planning Services of a termination of the Use, or
Planning Services staff may observe that the Use has been terminated. When either the
Department of Planning Services is notified by the landowner, or when the Department of
Planning Services observes that the Use may have been terminated, the Planner shall
send certified written notice to the landowner asking that the landowner request to vacate
the Use by Special Review Permit.
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33. 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 people 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.
34. The Weld County Right to Farm Statement, as it appears in Section 22-2-30.A.4.a of the
Weld County Code, shall be placed on the map and recognized at all times.
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