HomeMy WebLinkAbout20203802.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING RESCINDING RESOLUTION #2019-4359,
DATED DECEMBER 11, 2019, FOR USE BY SPECIAL REVIEW PERMIT, USR19-0052,
FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY
SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(STORAGE OF FIREWOOD AND PARKING AND STAGING OF UP TO FIVE [5]
3/4-TON PICKUP TRUCKS AND TWO [2] TRAILERS) IN THE A (AGRICULTURAL)
ZONE DISTRICT-THE GUEST FAMILY TRUST
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 December 11, 2019, the Board approved the application of The Guest
Family Trust, 9175 CR 47.5, Hudson, Colorado 80642, for a Site Specific Development Plan and
Use by Special Review Permit, USR19-0052, for a Use permitted as a Use by Right, Accessory
Use, or Use by Special Review in the Commercial or Industrial Zone Districts (storage of firewood
and parking and staging of up to five [5] 3/4-ton pickup trucks and two [2] trailers) in the
A (Agricultural) Zone District, on the following described real estate, to-wit, and:
Part of the SW1/4 of Section 13, Township 2 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, Section 23-2-200.H of the Weld County Code states, in part:
"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. The Board of 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)."
WHEREAS, the Department of Planning Services notified the applicant of outstanding
Conditions of Approval and items to be completed prior to recording the map, by certified letter
dated and sent November 4, 2020, and set the matter to be considered by the Board of Weld
County Commissioners on November 16, 2020, and
cc: PLCCC.,ITP), A PPL 2020-3802
I I (°/2.O2.1 PL2716
DISMISS REQUEST TO RESCIND RESOLUTION #2019-4359, DATED DECEMBER 11, 2019
(USR19-0052) -THE GUEST FAMILY TRUST
PAGE 2
WHEREAS, on November 16, 2020, the Board of County Commissioners heard all of the
testimony and statements of those present, studied the request of the Department of Planning
Services staff and all of the exhibits and evidence presented in this matter and, having been fully
informed, deemed it advisable to continue the request to December 21, 2020, to allow the
applicant adequate time to complete the Conditions of Approval, and
WHEREAS, on December 21, 2020, the Board of County Commissioners heard all of the
testimony and statements of those present, studied the request of the Department of Planning
Services staff and all of the exhibits and evidence presented in this matter and, having been fully
informed, deems it advisable to dismiss the request to rescind Resolution #2019-4359, dated
December 11, 2019, concerning Use by Special Review Permit, USR19-0052, for a Use permitted
as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial
Zone Districts (storage of firewood and parking and staging of up to five [5] 3/4-ton pickup trucks
and two [2] trailers) in the A (Agricultural) Zone District.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the request to rescind Resolution #2019-4359, dated December 11, 2019,
concerning approval of Use by Special Review Permit, USR19-0052, for a Use permitted as a
Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone
Districts (storage of firewood and parking and staging of up to five [5] 3/4-ton pickup trucks and
two [2] trailers) in the A (Agricultural) Zone District, be, and hereby is, dismissed.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 21st day of December, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: datatio ;ok
Mike Freeman, Chair
Weld County Clerk to the Board
Steve oreno, Pro-Tem
BY: .�
Deputy Clerk to the Board
Scott K. James
J '
1361 It ' �� )irbara Kirkmeye
County=orney `ri I A
®uNot Kevin D. Ross
Date of signature: j2/30a
2020-3802
PL2716
DEPARTMENT OF PLANNING SERVICES
r MEMORANDUM
�__Lj �j �, , 1 PAGE OF DOCUMENT
11,c o.01 INCLUDED IN PAPER FILE.
REMAINDER RETAINED
To: Board of County Commissioners ELECTRONICALLY IN TYLER.
From: Chris Gathman, Weld County Department of Planning Services
Subject: USR19-0052- Consider rescission of conditionally approved permit or grant extension of
time to complete the conditions of approval and record the USR map[PL2716]
Hearing Date: November 16, 2020
Owner: Guest Family Trust(Constance Guest)
Address: 9175 County Road 271/2, Hudson, CO 80642
Legal Description: Being part of the SW4 of Section 13, T2N, R65W of the 6th P.M., Weld County, CO
Location: West of and adjacent to County Road 47.5 and approximately 2,550 feet south of
County Road 22.
Parcel Number: 1307-13-0-00-015 Parcel Size: +/- 154.55 acres Zoning: A(Agricultural)
Summary:
This purpose of this memorandum and hearing is to seek direction from the Board of County
Commissioners regarding the approved but not perfected USR19-0052. Use by Special Review permit #
USR19-0052 for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (Storage of Firewood and Parking and Staging of up to Five (5) 3/4-
Ton Pickup Trucks and Two (2) Trailers) was approved by the Board of County Commissioners on
December 11, 2019 and the Final Resolution was signed on January 28, 2020 (Exhibit A). Approval of the
USR corrected Zoning Code Violation ZCV19-00081, which was initiated due to the presence of a tree
trimming business without permits and a large pile of trash.
As of November 10, 2020, the conditions of approval (COA) have not been completed and the USR map
has not been finalized or recorded.
A timeline of correspondence on addressing and finalizing the USR map is as follows:
• The applicants met with Planning Staff(and were provided a paper copy of a map template to mark up)
on June 2, 2020.
• A follow up emails were sent regarding status of the USR map were sent on July 8 (Exhibit B) and July
22, 2020 (Exhibit C).
• Staff spoke in person with the applicant's company (My Tree Service) and provided timeline for USR
map submittal to Zoning Compliance on July 23, 2020 (Exhibit D).
• A draft map was provided by the applicant for staff review on August 14, 2020. (Exhibit E).
• Updated map provided by applicant per staff request on August 21, 2020 (Exhibit F).
2020-3802
USR19-0052 Reconsideration
Page 1
t 1/lfo ♦ ta el PLa1Ifo
• Staff review comments of the draft USR map were provided by September 9, 2020 (Exhibit G).
• An e-mail requiring as to the status of the USR map was submitted September 23, 2020 (Exhibit H) and
a response from the applicant was received September 24, 2020 indicating an updated map would be
submitted for review by October 1, 2020(Exhibit I) and staff response e-mail (Exhibit J).
• An e-mail informing the applicant that staff would be proceeding with a hearing before the Board of
County Commissioners was sent October 15, 2020. (Exhibit K)
• The applicant contacted the applicant (his business establishment number) on November 2, 2020 and
informed them of the November 16, 2020 hearing date. Staff indicated they still had time to address
finalizing the map prior to the November 16, 2020 hearing and would be happy to discuss and/or meet if
they wished to go over any questions regarding finalizing the map.
• Notice regarding the consideration of rescission hearing was mailed via Certified mail to the property
owner on Wednesday, November 4, 2020.
• A copy of the notice regarding consideration of rescission hearing was e-mailed to the
applicant/operator on Wednesday, November 4,2020 (Exhibit L).
• Applicant left a voicemail for the property owner regarding the upcoming consideration of rescission
hearing on Friday, November 6, 2020.
Final Resolution item#2 states in part:
"...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 in part:
"... The map shall be recorded 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. 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. The Board of 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).
Planning staff has attempted to be accommodating by allowing enough time to address the conditions.
However, given that more than eight (8) months have passed since the Board of County Commissioners
resolution was signed, no additional extensions may be granted administratively.
Staff Recommendation:
As directed in Section 23-2-200.H of the Weld County Code, staff requests that the Board consider
rescinding the Resolution for USR19-0052. If the applicant demonstrates their ability and commitment to
complete the USR map, staff requests that the Board consider granting the applicant an extension of time to
complete the USR map, being a minimum of thirty (30) days from the date of this hearing.
USR19-0052 Reconsideration
Page 2
Exhibits:
A: BOCC Resolution
B: July 8, 2020 E-mail
C: July 22, 2020 E-mail
D: July 23, 2020 E-mail
E: August 14, 2020 E-mail
F: August 21, 2020 E-mail
G: September 9, 2020 E-mail
H: September 23, 2020 E-mail
I: September 24, 2020 E-mail
J: September 24, 2020 E-mail (#2)
K: October 15, 2020 E-mail
L: November 4, 2020 E-mail
M: Notice of Reconsideration/Rescission Hearing letter and Certified Mail Receipt
N: Draft USR map with Planning and Public Works comments
USR19-0052 Reconsideration
Page 3
EXHIBIT
h
1
12+
RESOLUTION
RE : APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT , USR19 -0052 , FOR A USE PERMITTED AS A USE BY RIGHT , ACCESSORY
USE , OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS ( STORAGE OF FIREWOOD AND PARKING AND STAGING OF UP TO
FIVE ( 5) 3/4 -TON PICKUP TRUCKS AND TWO ( 2) TRAILERS ) IN THE
A ( AGRICULTURAL) ZONE DISTRICT - THE GUEST FAMILY TRUST
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
November, 2019 , at the hour of 10 : 00 a . m . , in the Chambers of the Board , for the purpose of
hearing the application of The Guest Family Trust, 9175 CR 47 . 5 , Hudson , Colorado 80642 , for
a Site Specific Development Plan and Use by Special Review Permit, USR 19 -0052 , for a Use
permitted as a Use by Right , Accessory Use , or Use by Special Review in the Commercial or
Industrial Zone Districts ( storage of firewood and parking and staging of up to five (5 ) 3/4-ton
pickup trucks and two (2) trailers) in the A (Agricultural) Zone District , on the following described
real estate , being more particularly described as follows :
Part of the SW1 /4 of Section 13 . Township 2 North ,
Range 65 West of the 6th P . M , , Weld County ,
Colorado
WHEREAS , at said hearing the matter was continued based on the applicant ' s decision
to not withdraw the application and the need to allow staff time to finalize staff recommendation ,
conduct a PC hearing on November 5 , 2019 , and finalize the PC Minutes prior to the Board of
County Commissioner hearing , and
WHEREAS , on December 11 , 2019 , the applicant was represented by Justin Dickman ,
and
WHEREAS , the application for Use by Special Review Permit , USR 19-0052 , 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 Codes Therefore , the standards for review of
said USR Permit will remain subject to Chapter 23 , Article ill , 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 al 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. : PLCCC, tTP) . Pc k.w ( then ) , LHCLL) , 2019-4359
Ca C esCs ' GZPPL R €P PL2716
03 ( 05tS0
SPECIAL REVIEW PERMIT (USR19-0052)-THE GUEST FAMILY TRUST
PAGE 2
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.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 surrounding properties are
primarily agricultural in nature, with a few homes in proximity. The
firewood storage area is located on the west side of the property at
a further distance from the existing residences which are located
closer to County Road 47.5. The amount of traffic and number of
employees are limited and will result in minimal impacts to County
roads and adjacent properties. The proposed use is in an area that
can support this development and the Conditions of Approval and
Development Standards, including screening requirements, limits
on the number of on-site employees and limits on the number of
vehicles on-site, 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 23-2-230.6.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-340.S delineates any Use permitted as a Use by Right,
Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (storage of firewood and parking and
staging of up to five (5) 3/4-ton pickup trucks and two (2) trailers)
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 as a Use by Special Review
in the A (Agricultural) Zone District.
2) Section 23-3-10—Intent, states, in part: "The A (Agricultural) Zone
District is also intended to provide areas for the conduct of uses by
Special Review which have been determined to be more intense or
to have a potentially greater impact than uses Allowed by Right."
The application was submitted and determined complete prior to
the changes to the Weld County Code that became effective
July 24, 2019. The attached Conditions of Approval and
Development Standards will adequately mitigate the impacts of the
proposed use on the surrounding area.
2019-4359
PL2716
SPECIAL REVIEW PERMIT (USR19-0052) -THE GUEST FAMILY TRUST
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C. Section 23-2-230.B.3—The uses which will be permitted will be compatible
with the existing surrounding land uses. One (1) letter has been received
from a neighboring property owner. The letter outlined concerns with the
lack of property maintenance and weeds growing and then blowing onto
neighboring properties, the proximity of the wood storage and parking area
to the floodplain, the possibility of snakes and rodents being attracted to
the wood storage area and concerns with the increase of traffic.
Development Standards have been attached limiting the number of
employees and vehicles. Only four (4) employees, five (5) trucks and
two (2) trailers are associated with the business. A Screening Plan and
Maintenance are attached as Conditions of Approval for this case.
Development Standards are also attached which require the applicant to
control noxious weeds and properly store and dispose of materials onsite.
D. Section 23-2-230.6.4—The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
existing zoning, and with the future development, as projected by
Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is located within the three (3) mile referral areas of
the Town of Hudson and Town of Keenesburg. It is also located within the
Keenesburg-Weld County Intergovernmental Agreement (Coordinated
Planning Agreement)boundary. The Town of Hudson indicated no conflicts
with their interest in the referral dated September 18, 2019. Prior to setting
up this application the Town of Keenesburg was sent a Notice of Inquiry
and stated that they were not interested in pursuing annexation. No referral
response was received from the Town of Keenesburg.
E. Section 23-2-230.B.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. A portion of the property is
located within the 100-year (Box-Elder Creek) floodplain. However, the
firewood storage and parking area is located outside of the floodplain. The
property is not within the Geologic Hazard Overlay District 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 vehicle parking/staging area and firewood storage area is located
on land delineated as "Irrigated Land (Not Prime)," per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map.
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.
2019-4359
PL2716
SPECIAL REVIEW PERMIT (USR19-0052) -THE GUEST FAMILY TRUST
PAGE 4
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of The Guest Family Trust,for a Site Specific Development
Plan and Use by Special Review Permit, USR19-0052, for a Use permitted as a Use by Right,
Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts(storage
of firewood and parking and staging of up to five (5) 3/4-ton pickup trucks and two (2) trailers) 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 map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR19-0052.
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) County Road 47.5 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road, which
requires 60 feet of right-of-way at full buildout. The applicant shall
delineate 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.
5) County Road 20 is an unmaintained section line right-of-way. The
applicant shall verify and delineate on the map the unmaintained
right-of-way and the documents creating the right-of-way. All
setbacks shall be measured from the edge of the right-of-way. This
road is not maintained by Weld County. Any unmaintained road
needs to be located/identified in relationship to the right-of-way.
Show and label the section line right-of-way as "CR 20 Section Line
Right-of-way, Not County Maintained".
6) The applicant shall show and label the preliminarily approved
access location, access width and the appropriate turning radii (60
feet) on the site plan. The applicant must obtain an Access Permit
in the approved location prior to operation.
7) 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.
2019-4359
PL2716
SPECIAL REVIEW PERMIT (USR19-0052)-THE GUEST FAMILY TRUST
PAGE 5
8) The applicant shall show the floodplain and floodway (if applicable)
boundaries on the map. The applicant shall label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel
Number or appropriate study.
9) The applicant shall show and label all recorded easements on the
map by book and page number or reception number and date on
the site plan.
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 plat, the applicant
shall submit a Mylar plat along with all other documentation required as Conditions
of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk
and Recorder by the Department of Planning Services. The plat shall be prepared
in accordance with the requirements of Section 23-2-260.0 of the Weld County
Code. The Mylar plat and additional requirements shall be submitted within one
hundred twenty (120) days from the date of the Board of County Commissioners
Resolution. The applicant shall be responsible for paying the recording fee.
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the plat not be recorded within the required one hundred twenty(120)
days from the date of the Board of County Commissioners Resolution, a $50.00
recording continuance charge shall be added for each additional three (3) month
period.
4. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable format is a projected ESRI
shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD '1983
UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS
0501 (US Feet)....etc.). This digital file may be sent to maps@co.weld.co.us.
5. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
B. Any construction in the floodplain requires a Floodplain Permit.
6. 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.
2019-4359
PL2716
SPECIAL REVIEW PERMIT (USR19-0052) -THE GUEST FAMILY TRUST
PAGE 6
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 11th day of December, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
4rkyh ' "
COUNTY, CO ORADO
ATTEST: ditetkv jCl,;(1 air
Weld County Clerk to the Board
EXCUSED
• Mike Freeman, Pro-Tern
BY: 2 /V .,,,�
eputy Clerk to the Board �,r+•••,.� e.�s�►.v.
Sean Conway
APP' :w'ED AS * a ti orK l
�'•c• K. James
���..''�...i���u iGi. '•"►` 'fir
County Attorney fir'* -�Jl
/ '� �Ir Steve Moreno
Date of signature: of/a4cfo
2019-4359
PL2716
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
THE GUEST FAMILY TRUST
USR19-0052 •
1. A Site Specific Development Plan and Use by Special Review Permit, USR19-0052, is for
a Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (storage of firewood and parking and staging of
up to five(5)3/4-ton pickup trucks and two (2) trailers) in the A(Agricultural)Zone District,
and is 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 maximum number of business vehicles parked onsite at any one (1) time shall be
limited to five (5) pick-up trucks and two (2)trailers, per the application materials.
4. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 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.
5. 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.
6. 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 facility shall operate in accordance with Chapter 14, Article I, of the Weld
County Code.
7. 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.
8. Adequate drinking, handwashing and toilet facilities shall be provided for employees of the
facility, at all times. Any septic system located on the property must comply with all
provisions of the Weld County Code, pertaining to On-site Wastewater Treatment
Systems.
9. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
The existing well (permit#70900)cannot be used for the business unless it is re-permitted
for business use.
10. For employees or contractors on site 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.
2019-4359
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DEVELOPMENT STANDARDS (USR19-0052)-THE GUEST FAMILY TRUST
PAGE 2
11. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
12. 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.
13. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off-site tracking.
14. There shall be no parking or staging of vehicles on public roads. On-site parking shall be
utilized.
15. 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.
16. The historical flow patterns and run-off amounts on the site will be maintained.
17. 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.
18. A Flood Hazard Development Permit is required for all construction or development
occurring in the floodplain or floodway as delineated on Federal Emergency Management
Agency(FEMA) FIRM Community Panel Map#08123C-1975E effective date January 20,
2016(Box Elder Creek Floodplain).Any development shall comply with all applicable Weld
County requirements, Colorado Water Conservation Board requirements as described in
Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA regulations and
requirements as described in 44 CFR parts 59, 60, and 65. The FEMA definition of
development is any man-made change to improved or unimproved real estate, including
but not limited to buildings or other structures, mining, dredging, filling, grading, paving,
excavation, drilling operations, or storage of equipment and materials.
19. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of
any development activities, the owner should contact Weld County to determine if the
floodplain boundaries have been modified.
20. 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 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.
2019-4359
PL2716
DEVELOPMENT STANDARDS (USR19-0052) -THE GUEST FAMILY TRUST
PAGE 3
21. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
22. 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.
23. 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.
24. 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.
25. 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.
2019-4359
PL2716
Chris Gathman
From: Chris Gathman
Sent: Wednesday, July 08, 2020 10:40 AM
To: justindickmann0422@gmail .com
Subject: Status on Guest USR map
Importance: High
Dear Justin,
I was going to leave you a voicemail — but could not leave a message . Checking on the status of finalizing the map for Guest. You had mentioned your assistant
would be working on it. How close are you to finalizing the map? I need to let our compliance folks know.
Also - If it is easier — I can contact your assistant directly. Do you have a phone # or e-mail for your assistant?
Regards,
Chris Gathman
Planner III
Weld County Department of Planning Services
1555 N . 17' Avenue
tel: 970-400-3537
fax: 970-400-4098
OvM `!
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is
addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error,
please immediately notify sender by return e-mail and destroy the communication . Any disclosure, copying, distribution or the taking of any action concerning
the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited . EXHIBIT
1 ��
Chris Gathman
From: Chris Gathman
Sent: Wednesday, July 22, 2020 3 :47 PM
To: justindickmann0422@gmail.com
Cc: Bethany Pascoe
Subject: FW: Status on Guest USR map
Importance: High
Dear Justin,
Hope you are doing OK. I cannot reach you by phone. I am trying again to contact you regarding the status of your USR map. Please contact me either by phone
or e-mail ASAP and let me know that status on this.
Regards,
Chris Gathman
Planner III
Weld County Department of Planning Services
1555 N . 17'^ Avenue
tel: 970-400-3537
fax: 970-400-4098
4N 'gel is
.j
i •rf
•
Confidentiality Notice : This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is
addressed and may contain information that is privileged, confidential or otherwise protected from disclosure . if you have received this communication in error,
please immediately notify sender by return e-mail and destroy the communication . Any disclosure, copying, distribution or the taking of any action concerning
the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited .
EXHIBIT
1 9
c1
Chris Gathman
From: Chris Gathman
Sent: Thursday, July 23, 2020 11 :51 AM
To: Bethany Pascoe
Subject: USR19-0052 (Guest) Update
Bethany,
I ended up calling the main office (Our Family Tree Service ) and spoke with Casey Bock (may not be correct spelling) . She is the office person . She indicated that
Justin had spoken to her about getting together to finalize the map — but that they had not had a chance to discuss it. I discussed having them get us a USR map
for review by no later than Friday, August 7th. She indicated that would be doable . I am expecting a map for review by Planning and Public Works — no later than
Friday, August 7th.
Regards,
Chris Gathman
Planner III
Weld County Department of Planning Services
1555 N . 17th Avenue
tel: 970-400-3537
fax: 970-400-4098
Confidentiality Notice : This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is
addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error,
please immediately notify sender by return e-mail and destroy the communication . Any disclosure, copying, distribution or the taking of any action concerning
the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited .
EXHIBIT
1 �>
Chris Gathman
From: Justin Dickmann <justindickmann0422@gmail.com >
Sent: Friday, August 14, 2020 1 : 12 PM
To: Chris Gathman
Subject: firewood map.pdf
Attachments: firewood map. pdf
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.
Just wanted to show you we have this done Chris. Please get back with me as to what to do from here .
Casie
Justin Dickmann
Owner of Our Family Tree Services
720-840-6120
OW,
- -J
EXHIBIT
1
Chris Gathman
From: Justin Dickmann <justindickmann0422@gmail .com >
Sent: Friday, August 21 , 2020 5:27 PM
To: Chris Gathman
Subject: Re: firewood map.pdf
Attachments: image001 .jpg; 20200821 _ 172433.jpg; 20200821 _ 172422 jpg; 20200821 _ 172430.jpg
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.
Sorry I was out of the office Chris. Here you go !
Justin Dickmann
Owner of Our Family Tree Services
720-840-6120
owl
On Fri, Aug 14, 2020, 4:03 PM Chris Gathman <cgathman@weldgov.com> wrote .
Casie,
Do you happen to have a screen shot of this drawing on the larger USR map I provided Justin ?
Thanks,
Chris Gathman
EXHIBIT
Planner III
1 ----
From: Chris Gathman
Sent: Wednesday, September 09, 2020 8 :39 AM
To: Justin Dickmann <justindickmann0422@gmail.com>
Subject: USR19-0052 Map w Staff Review Comments
Dear Casie and Justin,
Attached is the map w our staff review comments . Some of my comments refer to the attached BOCC resolution (see pages 7-9 for the map
notes/development standards) . I also attached an unmarked map - as the comments cover part of the map. Once you make the changes — send me — an
updated map. Please send an updated map back to me within a week.
Regards,
Chris Guthman
Planner III
Weld County Department of Planning Services
1555 N. 17th Avenue
tel: 970-400-3537
fax: 970-400-4098
EXHIBIT
3
Chris Gathman
From: Chris Gathman
Sent: Wednesday, September 23, 2020 5:31 PM
To: Justin Dickmann
Subject: RE: USR19-0052 Map w Staff Review Comments - NEED AN UPDATED MAP FOR REVIEW BY 10/ 1 /20 OR I WILL SCHEDULE THIS
TO GO BACK BEFORE THE BOARD OF COUNTY COMMISSIONERS
Importance: High
Dear Justin and Casie,
What is the status on this map ? Please provide me an updated copy for review by the end of the day next Thursday, October 1St. I don't want to do this — but if
not received by this time — I will have no choice but to schedule this case to go before the Board of County Commissioners as this case was approved in
December of 2019 and still has not been recorded (well past the 120-day deadline to record the USR map) .
Please let me know if you have any questions in preparing this map .
Regards,
Chris Gathman
Planner III
Weld County Department of Planning Services
1555 N . 17th Avenue
tel: 970-400-3537
fax: 970-400-4098
�. � ft
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.
EXHIBIT
Confidentiality Notice : This electronic transmission and any attached documents or other writings are intended only for the person or
addressed and may contain information that is privileged , confidential or otherwise protected from disclosure . If you have received th 13)
Chris Gathman
From: Justin Dickmann <justindickmann0422@gmail.com >
Sent: Thursday, September 24, 2020 10:30 AM
To: Chris Gathman
Subject: Re: USR19 -0052 Map w Staff Review Comments - NEED AN UPDATED MAP FOR REVIEW BY 10/1 /20 OR I WILL SCHEDULE THIS
TO GO BACK BEFORE THE BOARD OF COUNTY COMMISSIONERS
Attachments: image001 jpg
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.
We are working on it. And will have it in before the 1st of October. Truley sorry about the delay.
Justin Dickmann
Owner of Our Family Tree Services
720-840-6120
On Wed, Sep 23, 2020, 5: 30 PM Chris Gathman <cgathman@weldgov.com> wrote :
Dear Justin and Casie,
What is the status on this map ? Please provide me an updated copy for review by the end of the day next Thursday, October 1St. I don't want to do this — but if
not received by this time — I will have no choice but to schedule this case to go before the Board of County Commissioners as this case was approved in
December of 2019 and still has not been recorded (well past the 120-day deadline to record the USR map ) .
Please let me know if you have any questions in preparing this map.
EXHIBIT
1
Chris Gathman
From: Chris Gathman
Sent: Thursday, September 24, 2020 12:05 PM
To: Justin Dickmann
Subject: RE: USR19 -0052 Map w Staff Review Comments - NEED AN UPDATED MAP FOR REVIEW BY 10/ 1 /20 OR I WILL SCHEDULE THIS
TO GO BACK BEFORE THE BOARD OF COUNTY COMMISSIONERS
No problem . I understand . But this being a USR based on a compliant/violation case — I need to make sure this gets done .
Thanks,
Chris Gathman
Planner III
Weld County Department of Planning Services
1555 N . 17th Avenue
tel: 970-400-3537
fax: 970-400-4098
.I, f
Li r
2 1
cove.
Confidentiality Notice : This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is
addressed and may contain information that is privileged, confidential or otherwise protected from disclosure . If you have received this communication in error,
please immediately notify sender by return e- mail and destroy the communication . Any disclosure, copying, distribution or the taking of any action concerning
the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited .
From : Justin Dickmann <justindickmann0422@gmail . com>
Sent: Thursday, September 24, 2020 10: 30 AM EXHIBIT
To: Chris Gathman <cgathman@weldgov.com >
1
Chris Gathman
From: Chris Gathman
Sent: Thursday, October 15, 2020 7:31 AM
To: Justin Dickmann
Subject: RE: USR19-0052 Map w Staff Review Comments -WILL PROCEED WITH SCHEDULING THIS TO GO BACK BEFORE THE BOARD OF
COUNTY COMMISSIONERS
Importance: High
Justin,
I am checking my records and have not heard anything back . I have not seen an updated plat . I have no choice but to schedule you before the Board of County
Commissioners. I will be setting up a hearing date and sending you a notice as to when to attend the hearing.
Regards,
Chris Gathman
Planner III
Weld County Department of Planning Services
1555 N . 17" Avenue
tel: 970-400-3537
fox: 970-400-4098
r
i
fia
Confidentiality Notice : This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is
addressed and may contain information that is privileged, confidential or otherwise protected from disclosure . If you have received this communication in error,
please immediately notify sender by return e-mail and destroy the communication . Any disclosure, copying, distribution or the taking of any action concerning
the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited .
EXHIBIT
1 �
Chris Gathman
From: Chris Gathman
Sent: Wednesday, November 04, 2020 11 : 30 AM
To: Justin Dickmann
Cc: Bethany Pascoe
Subject: Notice regarding reconsideration of USR19-0052
Attachments: USR19 -0052 Reconsideration Letter a.doc; BOCC resolution.pdf
Importance: High
Dear Justin and Casie,
Attached is the notice for the upcoming Board of County Commissioners hearing to reconsider this USR . I am sending a notice in the mail to the property owner
as well .
Regards,
Chris Gathman
Planner III
Weld County Department of Planning Services
1555 N . 17th Avenue
tel: 970-400-3537
fox: 970-400-4098
r - I,
` PI tovs p .
. v
Confidentiality Notice : This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is
addressed and may contain information that is privileged, confidential or otherwise protected from disclosure . If you have received this communication in error,
please immediately notify sender by return e-mail and destroy the communication . Any disclosure, copying, distribution or the taking of an action concern . , :
the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited . EXHIBIT
I
DEPARTMENT OF PLANNING SERVICES
Ivy 1555 N . 17th Avenue" H C it>
Greeley , O 80631
4 Email : cgathman@co . weld . co . us
Phone : ( 970 ) 400-3537
Fax : ( 970 ) 304 -6498
November 4 , 2020
GUEST FAMILY TRUST
9175 COUNTY ROAD 47 1 /2
HUDSON CO 80642 -9501
Case Number: USR19-0052
Property Address : 9175 County Road 47 1 /2 , Fort Lupton
Legal Description : Part of SW4 Section 13 , Township 2 North , Range 65 West of the 6th P . M . , County of Weld , CO
Subject: Conditions of Approval/U SR map not completed
Dear Ms . Guest,
You are receiving this letter/notice because USR19-0052 ( Use by Special Review Permit for storage of firewood
and parking and staging of up to five ( 5 ) %-ton pickup trucks and two (2 ) trailers) has not been finalized . USR 19-
0052 was approved by the Board of County Commissioners on December 11 , 2019 and the final resolution was
signed on January 28 , 2020 . Approval of this USR corrected Zoning Code Violation ZCV19-00081 . As of
November 4 , 2020 , the modifications to the USR map have not been completed per the Board of County
Commissioners Resolution item # 1 and the USR map has not been finalized and submitted for recording .
Final Resolution item #2 states :
" 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 [December 11 , 2019] . The applicant
shall be responsible for paying the recording fee. "
Planning staff has had numerous contacts via phone , e- mail and met in person with the operator to discuss
finalizing the USR map over the past several months .
Therefore, a public hearing has been scheduled before the Board of County Commisisoners for November
16 , 2020 at 9 : 00 a . m . at the Weld County Administration Building , located at 1150 O Street, Greeley, CO
80631 . You are encouraged to attend this hearing . The purpose of this hearing will be for the Board of County
Commissioners to review the progress made on the USR map. The Board will consider granting additional time to
complete the conditions of approval and map or will consider rescinding the USR permit.
if you have any questions regarding this letter, please feel free to contact me.
Sincerely ,
(441
Chris Gathman
Planner Ill EXHIBIT
USR19-0052 , Notice of Hearing
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Add a note that says , " USR19-0052" .
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flow arrows . i .. ... I
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Show and label the parking and traffic '
circulation flow arrows showing how
' r the traffic moves around the properly
'WA i p p y
Label this as WCR 47 . 5
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od 1 �r I ' -His
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COMMERCIAL ACCESS"
$ Need to ' f— -t if this is the access for the y
show4r , commercial business c.
1 r.--...4 floodplain oo d p l a i n __ - - - - - - - ' _ ; dn►-ot• 20 .,�,
' ! _ — boundary - - �N ' _ "_-� - - 1
, I I -- _ ~ l i ; Chair Beard of County Commissioners
— i' ( ATTEST.
N I
J 1 Wahl County Clerk to the Board
•1 ' Label as , " BOX , \ BY.
sossisr ‘ rzy(
.<u t Deputy Clerk to the Board Date°
ELDER CREEK" j ,t Add Legal
:, Descri tion ( er PLANNING COMMISSION CERTtt~tGf�TION
mois• p \ p TMs 's the certily that the Weld County Nanning Commissai
In addition these Development attached Board has addled and does hereby re.ornepoadto the Board el loci
Commissioners, Weld County Colorado, for its contirmalJom
standards below, add all of the �r Resolution ) a°rovil sM aaouCf `rUs&t° Svmlif 0rin'° -,en( Pfarrn'
UH by ‘trial Rar.aW it th wn ar4 c scr'bed itr,un Ns
Development Standards per the �rV l day of ,2°--
Board Resolution ) \ � I \
_ t Ch>>, v�'eb3 L',�.unty Ptarm'ng C0mtrlK..r
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Add these notes :
t IV tw(:) dohrtyOPPOnt»
1t .. tiI Use bySpeclalRow
DEVELOPMENT STANDARDS j‘ tit dMyr, ` b@tt4htlt -aa?"
. 20__.
1 1 . The property owner or operator shall be responsible for controlling noxious weeds on the site , 3co��t r..c,sGolt -
pursuant to Chapter 15 , Article I and II , of the Weld County Code .
Scale on Bottom of
2 The access to the site shall be maintained to mitigate any impacts to the public road , map does not seem
including damages and/or off- site tracking . to match 1 ' = 2000 -
does not appear to
3 There shall be no parking or staging of vehicles on public roads . On-site parking shall be match the Scale
utilized legend which shows
up to 500-feet .
4 Any work that may occupy and or encroach upon any County rights - of-way or easement shall Make sure Scale is
acquire an approved Right-of-Way Use Permit prior to commencement accurate .
5 The historical flow patterns and runoff amounts on the site will be maintained
Hello