HomeMy WebLinkAbout20202956.tiff RESOLUTION
RE: ACTION OF BOARD CONCERNING RESCINDING RESOLUTION #2019-4345, DATED
OCTOBER 9, 2019, FOR A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY
SPECIAL REVIEW PERMIT, USR19-0053, FOR MORE THAN THREE (3)
SEMI TRAILERS USED AS PERSONAL STORAGE UNITS AND A USE PERMITTED
AS A USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE
COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (COMMERCIAL VEHICLE
PARKING), 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 - PATRICIA NASH
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 8th day of
June, 2020, at the hour of 9:00 a.m., in the Chambers of the Board to consider rescinding
Resolution #2019-4345, dated October 9, 2019, for a Site Specific Development Plan and Use by
Special Review Permit, USR19-0053, for more than three (3) semi-trailers used as personal
storage units and a Use permitted as a Use by Right, Accessory Use, or Use by Special Review
in the Commercial or Industrial Zone Districts (commercial vehicle parking), 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, issued
to Patricia Nash, 212 S. McKinley Ave., Ft. Lupton, Colorado 80621, on the following described
real estate, to-wit, and:
W1/2 NW1/4 of Section 26, Township 2 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, 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, deemed it
advisable to continue said matter to September 14, 2020, at 9:00 a.m., to allow Patricia Nash
adequate time to develop a screening plan and submit a road maintenance agreement to the
Department of Public Works to satisfy the outstanding Conditions of Approval, and
WHEREAS, on September 14, 2020, the Board of County Commissioners heard all of the
testimony and statements of those present and, having been fully informed, deemed it advisable
to continue the matter to September 28, 2020, at 9:00 a.m. to allow the applicant to be present,
and
WHEREAS, on September 28, 2020, 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 continue the matter to January 11, 2021, at 9:00 a.m., to allow the applicant additional time to
complete the proposed screening of the non-commercial junkyard to satisfy the condition of
approval and submit the mylar map for recording.
ee.PI_(6S/TP) , APPL 2020-2956
/0/21 /20 2.0 PL2708
CONTINUE RESCINDING RESOLUTION #2019-4345, DATED OCTOBER 9, 2019
(USR19-0053) - PATRICIA NASH
PAGE 2
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the matter to rescind Resolution #2019-4345, dated October 9, 2019, for
a Site Specific Development Plan and Use by Special Review Permit, USR19-0053, for more than
three (3) semi-trailers used as personal storage units and a Use permitted as a Use by Right,
Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts
(commercial vehicle parking), 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, issued to Patricia Nash, on the parcel of land
described above, be, and hereby is, continued to January 11, 2021, at 9:00 a.m., to allow the
applicant additional time to complete the proposed screening of the non-commercial junkyard to
satisfy the condition of approval so that the mylar map may be recorded.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 28th day of September, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: da,f,A) je:‘„;,A
Mike Freeman, Chair
Weld County Clerk to the Board
Y/t,,•-e_712-0-Le
Steve oreno, P o-Tern
BY: U/tti '/ --
eputy Clerk to the Board U;
Sco K. James
AP VED AS
arbara Kirk
O 0---N---31
oirrt A orney
t j r ' \ / Kevin D. Ross
Date of signature: O61/3O/2O`�..+✓
2020-2956
PL2708
DEPARTMENT OF PLANNING SERVICES
1555 N . 17th Avenue, Greeley, CO 80631
Email : asnyder@weldgov. com
Phone : (970) 400-3525
""�� r Fax : (970) 304-6498
MEMORANDUM
USR19-0053
To : Weld County Board of County Commissioners Hearing Date : September 10, 2020
From : Angela Snyder, Department of Planning Services
Subject: Rescind Resolution RE194345 (USR19- 0053 ) for unmet conditions
Case : A Site Specific Development Plan and Use by Special Review for more than three (3 ) semi-
trailers used as personal storage units and any Use Permitted as a Use by Right, an Accessory
Use, or a Use by Special Review in the Commercial or Industrial Zone Districts (commercial
vehicle parking) provided that the property is not a lot in an approved or recorded subdivision
plat or lots part of a map or plan filed prior to adoption of any regulations controlling
subdivisions in the A (Agricultural ) Zone District.
Owner: Patricia Nash
Legal Description : Being a part of the W2N-W4 of Section 26, Township 2 North, Range 66 West of the 6th P.M, Weld
County, Colorado
Location : South of and adjacent to County Road 18 , east of and adjacent to Patrick Street
Parcel Size : + 76 acres Parcel Number: 1309-26-2-00-003
Zone District: A (Agricultural)
Pursuant to Chapter 23 , Article II , Division 4, Section 23 -2-200 . H of the Weld County Code, consideration to
rescind the approval of USR19-0053 , Resolution RE194345 , is requested before the Board of County
Commissioners for unmet conditions .
On October 9, 2020 , the Board of County Commissioners approved USR19-0053 , a Use by Special Review
Permit for several uses, the commercial vehicle parking being only allowed under the previous zoning code that
was replaced in July of 2019 .
Section 23 -2- 200 . H of the Weld County Code states, " . . . If a Use by Special Review (USR) map has not been
recorded within one hundred twenty ( 120) days from the date of the Board of County Commissioners Resolution,
or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear
USR19-0053 Nash
Page 1
before it and present evidence substantiating that the Use by Special Review (USR) has not been abandoned and
that the applicant possesses the willingness and ability to record the Use by Special Review (USR) map . . . "
On June 8 , 2020 , the Board of County Commissioners extended the date for recording the map and continued the
hearing to September 14, 2020 . On Wednesday, September 9, 2020, the draft USR map was approved. The
applicant was informed via email and instructed to have the map printed on mylar, signed, and delivered to the
Planning Department with $ 13 for recording .
Regards,
1/1 Sk
- -41 a
Angela Snyder, Planner II
USR19-0053 Nash
Page 2
DEPARTMENT OF PLANNING SERVICES
-;\1,861,1"; 1555 N. 17th Avenue, Greeley, CO 80631
Email: asnyder@weldgov.com
Phone: (970) 400-3525
�I JlJ Fax: (970) 304-6498
MEMORANDUM
USR19-0053
To: Weld County Board of County Commissioners Hearing Date: June 8, 2020
From: Angela Snyder, Department of Planning Services
Subject: Rescind Resolution 2019-4345 (USR19-0053) for unmet conditions
Case: A Site Specific Development Plan and Use by Special Review for more than three
(3) semi-trailers used as personal storage units and any Use Permitted as a Use
by Right, an Accessory Use, or a Use by Special Review in the Commercial or
Industrial Zone Districts (commercial vehicle parking) provided that the property
is not a lot in an approved or recorded subdivision plat or lots part of a map or
plan filed prior to adoption of any regulations controlling subdivisions in the
A (Agricultural) Zone District.
Owner: Patricia Nash Zone District: A (Agricultural)
Legal Description: Being a part of the W2NW4 of Section 26, Township 2 North, Range 66 West of
the 6th P.M, Weld County, Colorado
Location: South of and adjacent to County Road 18, east of and adjacent to Patrick Street
Parcel Size: ± 76 acres Parcel Number: 1309-26-2-00-003
Pursuant to Chapter 23, Article II, Division 4, Section 23-2-200.H of the Weld County Code,
consideration to rescind the approval of USR19-0053, Resolution 2019-4345, is requested before
the Board of County Commissioners for unmet conditions.
On October 9, 2020, the Board of County Commissioners approved USR19-0053, a Use by Special
Review Permit for several uses, the commercial vehicle parking being only allowed under the
previous zoning code that was replaced on July 27, 2019. A zoning violation (ZCV19-00083) exists
on the property due to the parking of three (3) or more commercial vehicles and more than two (2)
semi-trailers used as storage (three (3) semi-trailers) without first completing the necessary land use
permits. This case has not been forwarded to the County Attorney.
If the approval of the application is revoked, the Department of Planning Services asks that the Board
refer this case to the County Attorney's Office for legal action, but to delay legal action for 30 (thirty)
USR19-0053 Nash
Page 1 2020-2956
oCa foie t O9/19 agZ7
before it and present evidence substantiating that the Use by Special Review(USR)has not been abandoned and
that the applicant possesses the willingness and ability to record the Use by Special Review(USR)map..."
On June 8,2020,the Board of County Commissioners extended the date for recording the map and continued the
hearing to September 14, 2020. On Wednesday, September 9, 2020, the draft USR map was approved. The
applicant was informed via email and instructed to have the map printed on mylar, signed, and delivered to the
Planning Department with$13 for recording.
Regards,
Angela Snyder, Planner II
USR19-0053 Nash
Page 2
DEPARTMENT OF PLANNING SERVICES
1861 1555 N. 17th Avenue, Greeley, CO 80631
Email: asnyder@weldgov.com
Phone: (970) 400-3525
.
z LP
Fax: (970) 304-6498
MEMORANDUM
USR19-0053
To: Weld County Board of County Commissioners Hearing Date: June 8, 2020
From: Angela Snyder, Department of Planning Services
Subject: Rescind Resolution 2019-4345 (USR19-0053) for unmet conditions
Case: A Site Specific Development Plan and Use by Special Review for more than three
(3) semi-trailers used as personal storage units and any Use Permitted as a Use
by Right, an Accessory Use, or a Use by Special Review in the Commercial or
Industrial Zone Districts (commercial vehicle parking) provided that the property
is not a lot in an approved or recorded subdivision plat or lots part of a map or
plan filed prior to adoption of any regulations controlling subdivisions in the
A (Agricultural) Zone District.
Owner: Patricia Nash Zone District: A (Agricultural)
Legal Description: Being a part of the W2NW4 of Section 26, Township 2 North, Range 66 West of
the 6th P.M, Weld County, Colorado
Location: South of and adjacent to County Road 18, east of and adjacent to Patrick Street
Parcel Size: ± 76 acres Parcel Number: 1309-26-2-00-003
Pursuant to Chapter 23, Article II, Division 4, Section 23-2-200.H of the Weld County Code,
consideration to rescind the approval of USR19-0053, Resolution 2019-4345, is requested before
the Board of County Commissioners for unmet conditions.
On October 9, 2020, the Board of County Commissioners approved USR19-0053, a Use by Special
Review Permit for several uses, the commercial vehicle parking being only allowed under the
previous zoning code that was replaced on July 27, 2019. A zoning violation (ZCV19-00083) exists
on the property due to the parking of three (3) or more commercial vehicles and more than two (2)
semi-trailers used as storage (three (3) semi-trailers)without first completing the necessary land use
permits. This case has not been forwarded to the County Attorney.
If the approval of the application is revoked, the Department of Planning Services asks that the Board
refer this case to the County Attorney's Office for legal action, but to delay legal action for 30 (thirty)
USR19-0053 Nash
Page 1
OCo/02' t O9/19 ?L 7o
days to reduce the number of commercial vehicles to one (1), the number of semi-trailers used as
storage is reduced to two (2) and to remove all associated commercial storage and operations from
the property. A noncommercial junkyard exists onsite that also needs to be screened from adjacent
properties and rights-of-way to correct the zoning violation.
Condition of Approval #2 of the Resolution (page 6) states, "...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."
Section 23-2-200.H of the Weld County Code states, "...If a Use by Special Review (USR) map has
not been recorded within one hundred twenty (120) days from the date of the Board of County
Commissioners Resolution, or within a date specified by the Board of County Commissioners, the
Board may require the landowner to appear before it and present evidence substantiating that the
Use by Special Review (USR) has not been abandoned and that the applicant possesses the
willingness and ability to record the Use by Special Review (USR) map...."
One hundred twenty days (120) days from October 9, 2019 was February 6, 2020. To date, none of
the conditions of approval have been addressed. The unmet conditions are outlined in the attached
Resolution and simplified as follows:
1. The noncommercial junkyard needs to be removed or screened.
2. A Landscape and Screening Plan needs to be submitted.
3. The Road Maintenance Agreement needs to be signed and returned.
4. The final USR map needs to be updated to include all of the items required by the BOCC and
submitted to staff for review. Upon approval, the map needs to be submitted on Mylar for
recording.
Timeline
October 9, 2020 BOCC Hearing and Approval of Resolution RE194345
February 6, 2020: 120 Days from Resolution Approval
March 18, 2020: Email sent to applicant stating outstanding conditions and offering a 90-day
extension from February 6, 2020 to May 6, 2020 per Conditions of Approval
#2
April 9, 2020: Reply email received requesting the 90-day extension. Director of Planning
Services agrees to a 90-day extension.
April 10, 2020: Staff returned email reiterating conditions and included the unsigned Road
Maintenance Agreement and Hearing certification for reference.
May 5, 2020: Anita Nash called and requested assistance with the USR map. Staff sent the
original draft and an example USR map to the applicant.
USR19-0053 Nash
Page 2
May 6, 2020: Staff emailed the applicant a USR map template as a courtesy.
May 7, 2020: Staff received a phone call from Ms. Nash, asking if the semi-trailers could be
used as screening if they were road ready.
May 7, 2020 Staff emailed Ms. Nash with paraphrased specifics from the hearing audio
recorded:
"Commissioner Kirkmeyer specifically indicated that all storage trailers,
commercial equipment and the noncommercial junkyard needed to be
screened from all the residences and both roads [Patrick Ave and County
Road 18]. She said that you can use dirt berms or fencing, but that the trailers
could not count as storage. She also indicated that six feet tall isn't enough to
screen the trailers, so you would need to consider putting a fence on a berm.
Commissioner James suggested that you use an 8-foot fence. They were
very clear though, that the equipment all needed to be screened.
Commissioner Freeman mentioned that worst case, a semi-truck (hooked up
truck and trailer) would be okay to be seen, but no junk or storage."
Staff also indicated that a date for the USR reconsideration would be
scheduled in June. Correspondence went back and forth regarding screening
options.
May 8, 2020: Ms. Nash replied via email:
"I do have a question as to why they are making us do a 15'fencing basically
when there are several homes in our area that have an 8 foot fence and have
trailers that you can see? There are also several businesses going down 85
from Greeley that have fences that don't cover all of their semis? Just trying
to understand all the rules and why we have to put up such a tall fence."
Staff responded that an eight-foot fence would be acceptable, to which the
applicant replied:
"Okay we will work with the 8 foot fence to cover the trucking and trailer area
and not use the trailers on the back(West) side but use the fencing for that as
well if that is what I am getting that we can't use the trailers as a fencing so to
speak. Thank you for the information."
May 9, 2020: Last day of the extension
May 21, 2020: Staff informed the owner and applicants (Patricia, Mike and Anita Nash) via
email of the June 8, 2020 hearing date and encouraged conditions to be met
as soon as possible, as none have been completed.
Staff recommends that the approval of USR19-0053 through Resolution RE194345 be rescinded
and the Use by Special Review Permit be revoked. According to Section 23-2-200.H, "The Board of
USR19-0053 Nash
Page 3
County Commissioners may extend the date for recording the map. If the Board determines that
conditions supporting the original approval of the Use by Special Review (USR) cannot be met, the
Board may, after a public hearing, revoke the Use by Special Review (USR)."
Regards,
t7
-
Angela Snyder, Planner II
USR19-0053 Nash
Page 4
COPY
RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR19-0053, FOR MORE THAN THREE (3) SEMI-TRAILERS USED AS
PERSONAL STORAGE UNITS AND A USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (COMMERCIAL VEHICLE PARKING) 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- PATRICIA NASH
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
October, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Patricia Nash, 212 S. McKinley Ave., Ft. Lupton, Colorado 80621, for a Site
Specific Development Plan and Use by Special Review Permit, USR19-0053, for more than
three (3) semi-trailers used as personal storage units and a Use permitted as a Use by Right,
Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts
(commercial vehicle parking) 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:
W1/2 NW1/4 of Section 26, Township 2 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present, and
WHEREAS,the application for Use by Special Review Permit, USR19-0053, was received
and processed prior to the adoption of Ordinance #2019-02, effective July 25, 2019, which
amended Chapter 23 Zoning of the Weld County Code. Therefore, the standards for review of
said USR Permit will remain subject to Chapter 23, Article III, of the Weld County Code as it
existed prior to July 25, 2019, 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.
Cc PL(OS1TP), Pwl£PtTJ), Q.v-11 Lt.), 2019-4345
caCSc.). QPPL. G,PPL R£P PL2708
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SPECIAL REVIEW PERMIT (USR19-O053) - PATRICIA NASH
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2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 — The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20.G (A.Goal 7) states: "County land use regulations
should protect the individual property owner's right to request a land
use change." Impacts can be mitigated and the proposal is
compatible with the area.
2) Section 22-2-20.G.2 (A.Policy 7.2) states: "Conversion of
agricultural land to nonurban residential, commercial and industrial
uses should be accommodated when the subject site is in an area
that can support such development and should attempt to be
compatible with the region."The property is large, eighty (80) acres,
and, with adequate screening, can be compatible with the region.
3) Section 22-2-20.1.5 (A.Policy 9.5) states: "Applications fora change
of land use in the agricultural areas should be reviewed in
accordance with all potential impacts to surrounding properties and
referral agencies. Encourage applicants to communicate with those
affected by the proposed land use change through the referral
process." Anadarko Petroleum Corporation, a subsidiary of
Occidental Petroleum Corporation, in an email dated August 22,
2019, expressed concern that their easement had been impeded
upon. The site plan will show that neither traffic flow, nor parking
and storing, is within the easement. Staff will also visually inspect
the easement prior to recording the plat.
4) Section 22-2-80.F.2 (I.Policy 6.2) states: "Support the use of visual
and sound barrier landscaping to screen open storage areas from
residential uses or public roads."A Landscape and Screening Plan
is required as a Condition of Approval to screen the commercial
parking and storage from adjacent properties and rights-of-way.
5) Section 22-2-80.F.4 (I.Policy 6.4) states: "Ensure that industrial
properties are free of derelict vehicles, refuse, litter and other
unsightly materials." Condition of Approval #1.A addresses the
noncommercial junkyard onsite and requires that it be screened
prior to recording the plat.
6) Section 22-2-100.E (C.Goal 5) states: "Minimize the
incompatibilities that occur between commercial uses and
surrounding properties."Conditions of Approval #1.A and #1.B and
Development Standards#8, 24, and 28 will adequately mitigate the
concerns of adjacent property owners and mineral interests. The
proposed use is in an area that can support this development, as
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SPECIAL REVIEW PERMIT (USR19-0053) - PATRICIA NASH
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the required screening, the Conditions of Approval and
Development Standards will assist in mitigating the impacts of the
facility on the adjacent properties and ensure compatibility with
surrounding land uses and the region.
B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-10 — Intent, states, in part: "The A (Agricultural) Zone
District is also intended to provide areas for the conduct of USES
by Special Review which have been determined to be more intense
or to have a potentially greater impact than uses Allowed by Right.
The A (Agricultural) Zone District regulations are established to
promote the health, safety and general welfare of the present and
future residents of the County." The parking of more than two (2)
trucks or using more than two semi-trailers for storage requires a
Use by Special Review so that potential impacts can be mitigated.
2) Section 23-3-40.W (Former Section 23-3-40.A.2) — Oil and Gas
Support and Service. The business supports the oil and gas
industry in Weld County, providing vehicles for the delivery of
products for production well pads and infrastructure.
3) Section 23-3-40.FF (Former Section 23-3-40.V) states: "More than
the number of semi-trailers as accessory storage allowed by right
or by permit" Lots in the A (Agricultural) Zone District outside of
subdivisions and historic townsites are allowed up to two (2) semi-
trailers used as accessory storage per legal lot. The applicant has
three (3) semi-trailers used as accessory storage and, therefore,
requires a Use by Special Review Permit.
4) Former Section 23-3-40.S stated: "Any use permitted as a Use by
Right, an Accessory Use, or a Use by Special Review in the
Commercial or industrial zone districts, provided that the property
is not a Lot in an approved or recorded subdivision plat or lots parts
of a map or plan filed prior to adoption of any regulations controlling
subdivisions. PUD development proposals shall not be permitted to
use the special review permit process to develop."The commercial
vehicles are not specifically oil and gas support and service and,
therefore, Planning Staff determined that this code Section 23-3-
40.S was the most appropriate code section to permit the use.
C. Section 23-2-230.B.3—The uses which will be permitted will be compatible
with the existing surrounding land uses. The property is adjacent to the
second and third filings of Aristocrat Ranchettes subdivision and several
residences. The Department of Planning Services sent notice to
fifty-five (55) surrounding property owners. Staff received correspondence
from two (2) surrounding property owners. One (1) letter objected to the
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SPECIAL REVIEW PERMIT (USR19-0053) - PATRICIA NASH
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presence of a junkyard and the concerns regarding increased scrap and
unused vehicles to be stored onsite and blowing debris. Anadarko
Petroleum Corporation, a subsidiary of Occidental Petroleum Corporation,
owns adjacent property and operates oil and gas facilities on the east side
of the property and expressed concern that an easement had been
impeded upon. Staff will ensure that the site plan traffic flow or parking and
storing is not within the easement. There are thirty-three (33) USRs within
one (1) mile of the site: ten (10) kennels, three (3) oil and gas facilities,
three (3) greater than 12-inch natural gas pipelines, a turkey farm, a
livestock confinement operation, two (2) accessory structures over four
percent(4%), an auction site, two (2) auto repair facilities, commercial truck
parking, a beauty salon, a communication tower, a public utility, a concrete
business, and three (3) transmission lines with a substation. Conditions of
Approval#1.B and#1.C require that the applicant submit a Landscape and
Screening Plan and a Road Maintenance Agreement. The Conditions of
Approval and Development Standards will assist in mitigating the impacts
of the facility on the adjacent properties and ensure compatibility with
surrounding land uses and the region.
D. Section 23-2-230.B.4—The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
existing zoning, and with the future development as projected by
Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is located within the three (3) mile referral area and
Coordinated Planning Agreement (CPA) area of the City of Fort Lupton,
which returned a response indicating no concerns and no desire to annex
the property.
E. Section 23-2-230.6.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The property is not within the
Geologic Hazard Overlay District, a Special Flood Hazard Area, MS4 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 23-2-230.6.6—The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The proposed facility is entirely located on lands designated as
"Other," per the 1979 Soil Conservation Service Important Farmlands of
Weld County Map, therefore, no prime soils are affected by this proposal.
G. Section 23-2-230.B.7 — The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards can ensure
that there are adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Patricia Nash, for a Site Specific Development Plan and
Use by Special Review Permit, USR19-0053, for more than three (3) semi-trailers used as
personal storage units and a Use permitted as a Use by Right, Accessory Use, or Use by Special
Review in the Commercial or Industrial Zone Districts (commercial vehicle parking) 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:
A. The non-commercial junkyard shall be removed or screened from public
rights-of-way and adjacent properties.
B. The applicant shall submit a Landscape and Screening Plan that screens
the parking and storage area from the surrounding property owners and
rights-of-way.
C. A Road Maintenance Agreement is required at this location, which
includes, but is not limited to, damage repair to specified haul routes.
D. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR19-0053.
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 map shall delineate the screened commercial vehicle parking
area, employee parking area, and location of storage trailers.
5) The map shall delineate the landscaping and/or screening in
accordance with the approved Landscape and Screening Plan.
6) The applicant shall delineate the trash collection areas on the map.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
7) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2, and Appendices 23-C, 23-D and 23-E of the
Weld County Code.
8) County Road 18 is a paved 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
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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 the right-of-way. This road is maintained
by Weld County.
9) 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.
10) The applicant shall show and label the approved tracking control on
the site plan.
11) 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.
12) The applicant shall show and label the drainage flow arrows.
13) The applicant 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) 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 plat 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 plat not be recorded within the required one hundred twenty(120)
days from the date of the Board of County Commissioners Resolution, a $50.00
recording continuance charge shall be added for each additional three (3) month
period.
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4. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to
on-site construction.
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
5. The Use by Special Review 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 9th day of October, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
,��,,// t, WELD COUNTY, CO ORADO
ATTEST: ditiwo adios� 4411, -
arbara Kirkmeyer
Chair
Weld County Clerk to the Board (11\444-.
. / Mike Freeman, Pro-Tern
BY:
eputy Clerk to the Board
Sea/.. Conway CD
j 't
ay
APPR• D AS TO
Mast I ' " �� ' :•:t K. James
1 5��
fZ — zco t orney ' ;7.r �
Ott/ill Steve Moreno
Date of signature: O
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
PATRICIA NASH
USR19-0053
1. The Site Specific Development Plan and Use by Special Review, USR19-00053, is for
more than three (3) semi-trailers used as personal storage units and any Use Permitted
as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or
Industrial Zone Districts (commercial vehicle parking) provided that the property is not a
lot in an approved or recorded subdivision plat or lots 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 hours of operation are 5:30 a.m. to 7:00 p.m., Monday — Sunday, as stated in the
application materials.
4. The number of employees shall be up to ten (10), 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 number of semi-trailers used for accessory storage shall be up to three (3), as stated
in the application materials.
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 proposed landscaping and screening of the parking and storage areas shall be
maintained in accordance with the approved Landscape and Screening Plan.
9. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Article 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.
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14. The Road Maintenance Agreement for this site may be reviewed on an annual basis,
including a site visit and possible updates.
15. The historical flow patterns and runoff amounts on the site will be maintained.
16. 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.
17. 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.
18. 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.
19. 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.
20. The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone as delineated in C.R.S. §25-12-103.
21. Any On-site Wastewater Treatment System located on the property must comply with all
provisions of the Weld County Code, pertaining to On-site Wastewater Treatment
Systems.
22. Adequate drinking, hand washing, and toilet facilities shall be provided for employees and
patrons of the facility, at all times. A permanent, adequate water supply shall be provided
for drinking and sanitary purposes.
23. For employees or contractors on site for less than two (2) consecutive hours a day, and
two (2) or less full-time employees onsite, 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
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DEVELOPMENT STANDARDS (USR19-0053) - PATRICIA NASH
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private streets. No colored lights may be used which may be confused with, or construed
as, traffic control devices.
26. Building permits may 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 Residential Code, 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 with notice to the property owner 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. 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.
31. 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.
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