HomeMy WebLinkAbout20201335.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR20-0003, FOR USES SIMILAR TO THE USES LISTED AS PERMITTED
AS LONG AS THE USE COMPLIES WITH THE GENERAL INTENT OF THE ZONE
DISTRICT FOR AN AGRICULTURAL SUPPORT AND SERVICE FACILITY AND MORE
THAN ONE (1) CARGO CONTAINER IN THE A (AGRICULTURAL) ZONE DISTRICT -
ROBERT AND DONNA ACKERMAN
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 25th day of
March, 2020, at the hour of 10:00 a.m., in the Chambers of the Board for the purpose of hearing
the application of Robert and Donna Ackerman, 22935 CR 33, LaSalle, Colorado 80645, for a
Site Specific Development Plan and Use by Special Review Permit, USR20-0003, for Uses similar
to the Uses listed as permitted as long as the Use complies with the general intent of the Zone
District for an Agricultural Support and Service Facility and more than one (1) cargo container in
the A (Agricultural) Zone District on the following described real estate, to-wit:
Lot B of Recorded Exemption, RECX14-0114; being
part of the NE1/4 Section 10, Township 4 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing on March 25, 2020, due to the COVID-19 event and to protect
the health, safety, and welfare of the general public, the Board deemed it advisable to continue
the matter to April 29, 2020, and
WHEREAS, at said hearing on April 29, 2020, due to the ongoing COVID-19 event and to
protect the health, safety, and welfare of the general public, the Board deemed it advisable to
continue the matter to May 13, 2020, and
WHEREAS, on May 13, 2020, at said hearing, the applicant was present, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
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:
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A. Section 23-2-230.B.1 — The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20.B.2 (A.Policy 2.2) states: "Allow commercial and
industrial uses, which are directly related to or dependent upon
agriculture, to locate within agricultural areas when the impact to
surrounding properties is minimal or mitigated and where adequate
services and infrastructure are currently available or reasonably
obtainable. These commercial and industrial uses should be
encouraged to locate in areas that minimize the removal of
agricultural land from production."The applicant proposes to utilize
an approximate 13-acre parcel located well off of a publicly
maintained road for the Ackerman business, including activities
associated with an Agricultural Support and Services
establishment, including contracting, farm equipment sales, repair
and installation facilities, grain, seed, feed, and fertilizer retail and
wholesale sales and livestock sale barns.
2) Section 22-2-20.1 (A.Goal 9) states: "Reduce potential conflicts
between varying land uses in the conversion of traditional
agricultural lands to other land uses."Per this recommendation, the
attached Conditions of Approval and Development Standards will
assist in mitigating the impacts of the proposed facility on the
adjacent properties and ensure compatibility with surrounding land
uses and the greater community.
3) 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." Based on referral agency
responses, the proposed Use is in an area that can support this
development. No derelict equipment or vehicles will be allowed and
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 greater
area.
B. Section 23-2-230.8.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-40.KK for uses similar to the uses listed as permitted
as long as the use complies with the general intent of the
A (Agricultural) Zone District (Agricultural Support and Services)
and Section 23-3-40.C for more than the number of cargo
containers allowed as uses by special review outside of
subdivisions and historic townsites. To also include
Section 23-3-35.K for farm equipment sales, repair and installation
facilities and Section 23-3-35.M for grain, seed, feed, and fertilizer
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SPECIAL REVIEW PERMIT (USR20-0003) — ROBERT AND DONNA ACKERMAN
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retail and wholesale sales as uses allowed by permit outside of
subdivisions and historic townsites in the A (Agricultural) Zone
District.
•
C. Section 23-2-230.B.3—The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent lands consist of
irrigated lands via center pivots to the north and west with the DCP
Midstream Wetco Farms' oil and gas processing facility, permitted via
USR11-0005, and to the east are two (2) residences owned by the
applicant and the applicant's daughter. There is a greater than 12-inch high
pressure gas pipeline crossing the property adjacent to the western
property line permitted via USR11-0016. The closest residence is about
200 feet to the east and is owned by the applicant's daughter, followed by
the Ackerman's residence at 1,250 feet with all other residences located at
a distance of 0.5 miles or greater in distance from the property line. The
Weld County Department of Planning Services sent notice to eight (8)
surrounding property owners. Planning staff received no correspondence
from adjacent property owners. The applicant has been in contact with the
surrounding property owners and has conducted a community meeting on
July 5, 2019. Persons in attendance included family members and the
adjacent property owners. The Conditions of Approval require that the
applicant submit an Emergency Action and Safety Plan. 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 of
the Towns of Milliken, Gilcrest and LaSalle, and the City of Evans. The site
is also located within the Intergovernmental Agreement Area (IGA) of the
Town of Milliken and City of Evans. The Towns of Milliken, Gilcrest and
LaSalle in their referral comments, dated January 29, February 5 and
February 11, 2020, respectively, indicated that they have no concerns. The
City of Evans returned a referral dated January 27, 2020, and requested
the County impose, as a Condition of Approval, that the applicant agree to
a pre-annexation agreement with the City indicating that when the property
is eligible for annexation that the property owner will annex voluntarily. The
City does not provide any services to the property, thus a condition was not
included.
E. Section 23-2-230.B.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The property is not within the
Geologic Hazard Overlay, Special Flood Hazard Area, Airport Overlay or
the Municipal Separate Storm Sewer System Overlay Districts. Building
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SPECIAL REVIEW PERMIT (USR20-0003) — ROBERT AND DONNA ACKERMAN
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Permits issued on the lot will be required to adhere to the fee structure of
the County-Wide Road Impact Fee, County Facility Fee, and Drainage
Impact Fee Programs.
F. Section 23-2-230.B.6 — The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The proposed facility is located on approximately 6.89 acres of
Irrigated Land (Not Prime) and 6.5 acres of Prime (Irrigated) — Farmlands
of National Importance, per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. The property has no irrigation water
associated with the land; therefore, no prime irrigated land will be taken out
of production.
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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Robert and Donna Ackerman, for a Site Specific
Development Plan and Use by Special Review Permit, USR20-0003, for Uses similar to the Uses
listed as permitted as long as the Use complies with the general intent of the Zone District for an
Agricultural Support and Service Facility and more than one (1) cargo container 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. Unless an exception applies, a Final Drainage Report and Certification of
Compliance, stamped and signed by a Professional Engineer registered in
the State of Colorado, is required.
B. The applicant shall submit a recorded copy of any agreement signed by all
the owners of the property crossed by the access. The access shall be for
ingress, egress, utilities and shall be referenced on the USR map by the
Weld County Clerk and Recorder's Reception number.
C. The applicant shall attempt to address the requirements of the State of
Colorado Division of Water Resources, as stated in the referral response
dated January 22, 2020. Written evidence of such shall be submitted to the
Weld County Department of Planning Services.
D. The City of Evans has jurisdiction over the access to the adjacent public
road, County Road 33. The applicant shall contact the City of Evans to
verify the Access Permit or for any additional requirement that may be
needed to obtain or upgrade the permit.
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E. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR20-0003.
2) The attached Development Standards.
3) The map shall be prepared, in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall delineate the trash collection areas on the map.
Section 23-2-240.A.13 of the Weld County Code addresses the
issue of trash collection areas.
5) 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.
6) The map shall delineate the parking area for the vendors,
customers and/or employees.
7) This portion of County Road 33 is under the jurisdiction of the City
of Evans. Show and label the right-of-way. The applicant shall show
the approved access(es) on the site plan and label with the
approved Access Permit number, if applicable.
8) The applicant shall show and label a minimum 30-foot wide access
and utility easement to provide legal access to the parcel on the site
plan.
9) The applicant shall show and label the accepted drainage features.
Stormwater ponds should be labeled as "Stormwater Detention,
No-Build or Storage Area" and shall include the calculated volume.
10) The applicant shall show and label the drainage flow arrows.
11) 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 map along with all other documentation required as Conditions
of Approval. The Mylar map shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The map shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. The Mylar map and additional requirements shall be submitted
within 120 days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee.
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3. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the map not be recorded within the required 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. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
B. Written evidence of a City of Evans Access Permit, if required, or
alternatively that no permit is required for this facility.
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 13th day of May, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: datitaitij/& (0k,
Mike Freeman, Chair
Weld County Clerk to the Board
Steve oreno, Pro-Tern
BY: ,�/--- I /�i✓
rieputy Clerk to the Board
Sco K. James
' j no C %:arbara Kirkme -
.�f/ice
6 rney �r � � CD TIM
OWS Kevin D. Ross
Date of signature: 5/_'f/2_O
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ROBERT AND DONNA ACKERMAN
USR20-0003
1. The Site Specific Development Plan and Use by Special Review Permit, USR20-0003, is
for Uses similar to the Uses listed as permitted as long as the Use complies with the
general intent of the Zone District for an Agricultural Support and Service Facility and more
than one (1) cargo container 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 number of on-site employees shall be up to ten (10), as stated in the application
materials.
4. The number of commercial vehicles shall be up to nine (9), as stated in the application
materials.
5. The parking area on the site shall be maintained.
6. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and
23-E of the Weld County Code.
7. 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.
8. The historical flow patterns and runoff amounts on the site will be maintained.
9. Weld County is not responsible for the maintenance of on-site drainage related features.
10. 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.
11. 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.
12. 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.
13. 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.
14. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
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DEVELOPMENT STANDARDS (USR20-0003) — ROBERT AND DONNA ACKERMAN
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15. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to On-site Wastewater Treatment Systems (OTWS).
16. Adequate handwashing and toilet facilities shall be provided for employees and patrons
of the facility, at all times. For ten (10) or less customers per day, and two (2) or less full-
time employees on site, portable toilets 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.
17. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
18. 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.
19. Building permits shall be required for any new construction or set up manufactured
structure, per Section 29-3-10 of the Weld County Code. A building permit application
must be completed and submitted. Buildings and structures shall conform to the
requirements of the various codes adopted at the time of permit application. Currently, the
following have been adopted by Weld County: 2018 International Building Codes, 2006
International Energy Code, 2017 National Electrical Code, and Chapter 29 of the Weld
County Code. A plan review shall be approved, and a permit must be issued prior to the
start of construction.
20. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
21. 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.
22. 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.
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23. Construction or use pursuant to approval of a Use by Special Review Permit shall be
commenced within three (3) years from the date of Board of County Commissioners
signed Resolution, unless otherwise specified by the Board of County Commissioners
when issuing the original Permit, or the Permit shall be vacated.
24. This Use by Special Review shall terminate when the use is discontinued for a period of
three (3) consecutive years, the use of the land changes or the time period established by
the Board of County Commissioners through the approval process expires. The landowner
may notify the Department of Planning Services of a termination of the use, or Planning
Services staff may observe that the use has been terminated. When either the Department
of Planning Services is notified by the landowner, or when the Department of Planning
Services observes that the use may have been terminated, the Planner shall send certified
written notice to the landowner asking that the landowner request to vacate the Use by
Special Review Permit.
25. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under Title 34, of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and person moving into these areas must
recognize the various impacts associated with this development. 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.
26. 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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