HomeMy WebLinkAbout20203841.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR20-0018, FOR ACCESSORY BUILDINGS WITH GROSS FLOOR AREA
LARGER THAN FOUR PERCENT (4%) OF THE TOTAL LOT AREA INCLUDING
STRUCTURES FOR THE STORAGE OF AGRICULTURAL EQUIPMENT AND
AGRICULTURAL PRODUCTS (STORAGE AND DISTRIBUTION OF BAGGED SEED
AND GRAIN) LOCATED IN HISTORIC TOWNSITES IN THE A (AGRICULTURAL)
ZONE DISTRICT - LUCERNE, INC.
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 30th day of
December, 2020, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Lucerne, Inc., P.O. Box 14, Lucerne, Colorado 80646, for a Site Specific
Development Plan and Use by Special Review Permit, USR20-0018, for Accessory Buildings with
gross floor area larger than four percent (4%) of the total lot area including structures for the
storage of agricultural equipment and agricultural products (storage and distribution of bagged
seed and grain) located in historic townsites in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
Lots 14, 16, and 18, Block 4, North Greeley; being
part of Section 18, Township 6 North, Range 65
West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was present, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
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 states: "Commit to the economic future of
agriculture."Weld County has an agricultural heritage built upon the
hard work of farmers on traditional family farms and farming
families. The proposal will benefit the agricultural community who
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SPECIAL REVIEW PERMIT (USR20-0018) - LUCERNE, INC.
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both buy and sell products to Lucerne, Inc., and further complement
the consolidated holdings of the company adjacent to an
established rail corridor and state highway road corridors for easy
access to greater markets.
2) Section 22-2-40.A states: "Support compatible economic
development opportunities." Historic townsites provide housing for
those predominantly employed in agricultural and other industries.
The communities also serve as small commercial centers for
surrounding farm areas. This property is vacant without
improvements. Lucerne, Inc., has a long history in Weld County
providing resources that benefit the agricultural community,
including the import and export of products and services, which in
turn brings additional dollars to the County and citizens of the
County. The proposed Use is in an area that can support this
development 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 region.
B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-45.D addresses Uses allowed by Right in subdivisions
and historic townsites including farming and gardening including
structures for storage of agricultural equipment and agricultural
products and confinement or protection of livestock and
Section 23-3-65.A allows Uses by Special Review in historic
townsites specifically for Accessory Buildings with Gross Floor Area
larger than four percent (4%) of the total lot area for Uses Allowed
by Right in historic townsites (North Greeley).
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
residences on platted lots within Lucerne Townsite located to the north,
east and south. Also located to the north is the Cache La Poudre Reservoir
Company and New Cache La Poudre Irrigating Company offices and
warehouse. Land uses to the west are located on Union Pacific Railroad
right-of-way with the structures constructed and are utilized by
Lucerne, Inc. These lands are zoned commercial and are permitted under
SPR-136 (no recording information available) and AmSPR-136 recorded
March 19, 2009, via reception number 3611783. There are several Use by
Special Review Permits within one (1) mile of the site. USR-1355 for an
Agricultural Service Establishment (storage and distribution of bagged
seed and equipment storage) is located north of the site. To the east is
USR13-0021, for any Use permitted as a Use by Right, Accessory Use or
Use by Special Review in the Commercial or Industrial Zone District
(storage of dry feed for delivery to local customers) provided that the
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property is not a lot in an approved or recorded subdivision plat or part of
a map or plan filed prior to the adoption of any regulations controlling
subdivisions. There are no USRs permitted to the south, and to the west is
USR13-0047, for any Use permitted as a Use by Right, Accessory Use or
Use by Special Review in the Commercial or Industrial Zone District
(personal training facility) 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
the adoption of any regulations controlling subdivisions, and
MUSR16-0008 for a Mineral Resource Development Facility, including oil
and gas support and service, the parking, staging, storage and
maintenance of a tank and water service trucking facility, a private truck
fuel depot, and the use of the residence for offices and meeting rooms, all
located in the A (Agricultural) Zone District. The Weld County Department
of Planning Services sent notice to 29 surrounding property owners.
Planning staff received no telephone calls or written correspondence from
surrounding property owners within 500 feet of the parent parcel. The
Conditions of Approval require that the applicant submit a Lighting Plan for
all areas not covered by the structure or associated aprons. The
Development Standards and Conditions of Approval 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 Town of
Eaton and the City of Greeley. The Town of Eaton did not return a referral
response indicating a conflict in interests, and the City of Greeley in the
referral comments, dated October 13, 2020, states: "We have reviewed the
request and find no conflicts with our interests."
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 District, a Special Flood Hazard Area or the
Airport Overlay District. The property is within the MS4 - Municipal
Separate Storm Sewer System that requires permittees to develop and
implement a comprehensive Storm Water Management Program (SWMP)
that must include pollution prevention measures, treatment or removal
techniques, monitoring, use of legal authority, and other appropriate
measures to control the quality of stormwater discharged to the storm
drains and thence to waters of the United States. 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.
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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 located on approximately 0.215 acres of Prime
(Irrigated) Farmlands of National Importance, per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. However,
the property is part of a platted townsite from 1892, and is only 0.215 acres
in size, thus, no "Prime" agricultural 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 Lucerne, Inc., for a Site Specific Development Plan and
Use by Special Review Permit, USR20-0018, for Accessory Buildings with gross floor area larger
than four percent (4%) of the total lot area including structures for the storage of agricultural
equipment and agricultural products (storage and distribution of bagged seed and grain) located
in historic townsites 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. A Lighting Plan shall be submitted to, and accepted by, the Department of
Planning Services.
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR20-0018.
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) The map shall delineate the on-site lighting, in accordance with the
accepted Lighting Plan.
6) 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.
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7) The map shall delineate the parking area and the loading area for
the vendors, customers and/or employees.
8) Railroad Avenue is a paved road and is designated on the Weld
County Functional Classification Map (Code Ordinance #2017-01)
as a local road, which requires 60 feet of right-of-way. According to
the original "North Greeley, Weld County, Colorado" plat, dated
March 16, 1892, there is an existing 200-foot Union Pacific Railroad
right-of-way, measured from the center of the railroad tracks
extending eastward to the western property boundary of the subject
parcel. Railroad Avenue falls within the 200-foot right-of-way. It is
possible that the County has/had a long-term lease with the railroad
company granting the County permission to locate Railroad Avenue
within their right-of-way; however, no lease has been discovered.
The applicant shall delineate and label on the site map the existing
right-of-way (along with the creating documents) and the physical
location of the road. All setbacks shall be measured from the edge
of the right-of-way. This road is maintained by Weld County.
9) Elm Street is a gravel road and is designated on the Weld County
Functional Classification Map (Code Ordinance #2017-01) as a
local road, which requires 60 feet of right-of-way. According to the
North Greeley plat, Elm Street has a 75-foot right-of-way. The
applicant shall delineate and label the existing right-of-way (along
with the creating documents) and the physical location of the road
on the site map. Be aware that physical roadways may not be
centered in the right-of-way. All setbacks shall be measured from
the edge of the right-of-way. This road is maintained by Weld
County.
10) The applicant shall show and label the approved access location,
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 prior to construction.
11) The applicant shall show and label the drainage flow arrows.
12) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
13) The applicant shall show and label the paved aprons and areas
adjacent to the dry storage building.
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
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Clerk and Recorder by the Department of Planning Services. The map shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. The Mylar map and additional requirements shall be submitted
within 120 days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee.
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the map not be recorded within the required 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. The approved access shall be constructed prior to on-site construction.
5. The Use by Special Review Permit is not perfected until the Conditions of Approval
are completed and the map is recorded. Activity shall not occur, nor shall any
building or electrical permits be issued on the property, until the Use by Special
Review map is ready to be recorded in the office of the Weld County Clerk and
Recorder or the applicant has been approved for an early release agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 30th day of December, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
� WELD COUNTY, COLORADO
ddia4/O
ATTEST: � JC�4D;o4 0 �t•cet
Mike Freeman, Chair
Weld County Clerk to the Board
/ Steve Moreno, Pro-Tern
BY: -
eputy Clerk to the Board �,.,V EXCUSED
� S � t K. Jame
J
APP:. . ED Ai.��• �. v;� /'�+I'
1161 Il�s . �:arbara Kirk eyer
ounty Attorney
Kevin D. Ross
Date of signature: 02./03/2
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LUCERNE, INC.
USR20-001 8
1. The Site Specific Development Plan and Use by Special Review Permit, USR20-0018, is
for Accessory Buildings with gross floor area larger than four percent (4%) of the total lot
area including structures for the storage of agricultural equipment and agricultural
products (storage and distribution of bagged seed and grain) located in historic townsites,
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 parking area on the site shall be maintained.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. Any On-site Wastewater Treatment Systems located on the property must comply with all
provisions of the Weld County Code, pertaining to On-site Wastewater Treatment
Systems.
10. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
11. Adequate drinking, handwashing, and toilet facilities shall be provided for employees and
patrons, at all times. The parcel addressed as 33041 Railroad Avenue, which is also
owned by Lucerne, Inc., can be utilized for sanitary accommodations providing the
property is owned or rented by the applicant. Otherwise, a portable toilet is required for
this facility.
12. 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
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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.
13. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
14. 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.
15. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off-site tracking.
16. There shall be no parking or staging of vehicles on public roads. On-site parking shall be
utilized.
17. 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.
18. The historical flow patterns and runoff amounts on the site will be maintained.
19. Weld County is not responsible for the maintenance of on-site drainage related features.
20. Lighting shall be maintained in accordance with the approved Lighting Plan.
21. 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.
22. 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.
23. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
24. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment shall be granted access onto the property at
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any reasonable time in order to ensure the activities carried out on the property comply
with the Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
25. The Use by Special Review area shall be limited to the plans shown hereon and governed
by the foregoing standards and all applicable Weld County regulations. Substantial
changes from the plans or Development Standards, as shown or stated, shall require the
approval of an amendment of the Permit by the Weld County Board of County
Commissioners before such changes from the plans or Development Standards are
permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
26. The property owner or operator shall be responsible for complying with all the foregoing
Development Standards. Noncompliance with any of the foregoing Development
Standards may be reason for revocation of the Permit by the Board of County
Commissioners.
27. Construction or use pursuant to approval of a Use by Special Review Permit shall be
commenced within three (3) years from the date of approval, unless otherwise specified
by the Board of County Commissioners when issuing the original Permit, or the Permit
shall be vacated. The Director of Planning Services may grant an extension of time, for
good cause shown, upon a written request by the landowner.
28. A Use by Special Review Permit 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.
29. The Weld County Right to Farm Statement, as it appears in Section 22-2-30.A.4.a of the
Weld County Code, shall be placed on the map and recognized at all times.
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