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Home My WebLink About20200603.tiff RESOLUTION RE: ACCEPT REQUEST TO WITHDRAW SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR17-0044, FOR A USE PERMITTED AS A USE BY RIGHT,ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (COMMERCIAL PARKING AND STORAGE OF TRUCKS, TRAILERS AND EQUIPMENT FOR A GAS LINE INSTALLATION BUSINESS) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT AND RESCINDING RESOLUTION #2018-1042, DATED MAY 2, 2018 - KYLE KEMPEMA 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 May 2, 2018, the Board approved the application of Kyle Kempema, 2770 East 18th Street, Greeley, Colorado 80631, for a Site Specific Development Plan and Use by Special Review Permit, USR17-0044, for a Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (commercial parking and storage of trucks, trailers and equipment for a gas line installation business) provided that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, on the following described real estate, to-wit: Part of the SW1/4 of Section 11, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, the Department of Planning Services notified the applicant of outstanding Conditions of Approval and items to be completed prior to recording the plat, by certified letter dated and sent February 5, 2020, and set the matter to be considered by the Board of Weld Count Commissioners on February 19, 2020, and WHEREAS, at said hearing, the applicant was not present, and WHEREAS, 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 accept the request to Withdraw the application for USR17-0044, and rescind Resolution #2018-1042, dated May 2, 2018. cc PLcml-i/TP), pwcoco, QNC LC), 2020-0603 ca c g8/6G), GtRPL. O a/GS/a a PL2528 ACCEPT REQUEST TO WITHDRAW AND RESCIND RESOLUTION#2018-1042 (USR17-0044) - KYLE KEMPEMA PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Kyle Kempema to Withdraw the application for Site Specific Development Plan and Use by Special Review Permit, USR17-0044, for a Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (commercial parking and storage of trucks, trailers and equipment for a gas line installation business) provided that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, accepted. BE IT RESOLVED by the Board that Resolution #2018-1042, dated May 2, 2018, concerning approval of USR17-0044, be, and hereby is, rescinded. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of February, A.D., 2020. BOARD OF COUNTY COMMISSIONERS dgetitet) �,,,,,,,// WELD�CODUNTY, COLORADO ATTEST: G JCd�eo•11 `�'�U d44- vAI-- Mike Freeman, Chair Weld County Clerk to the Board Steve •reno, Pro-Tern 67ABY: Jv • S ,� -_ eputy Clerk to the Board ma qo`� Sco K. James AP • .. O FOR a, ' ►_ -/-!r— �`�% 1 - arbara Kirkme er unty Attorney \ ;4 O orl- '�`►� Kevin D. Ross Date of signature: 03 10'1-/,20 2020-0603 PL2528 .4v1624A. tj _ � DEPARTMENT OF PLANNING SERVICES ` Lr r MEMORANDUM ,COUNTY', To: Board of County Commissioners From: Michael Hall,Weld County Department of Planning Services Subject: USR17-0044 - Consider rescission of approved permit or grant additional time to complete the condition of approval to record the USR map(PL2528) Hearing Date: February 19, 2020 Owner: Kyle D. Kempema Address: 2770 East 18th Street, Greeley, CO 80631 Legal Description: Part of the SW4 of Section 11, T5N, R65W of the 6th P.M., Weld County, CO Location: South of and adjacent to east 18th Street; approximately 0.06 miles east of Fern Avenue Parcel Number: 0961-11-0-00-034 Parcel Size: +1-5.04 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 USR17-0044. Use by Special Review permit # USR17-0044 (commercial parking and storage of trucks, trailers, and equipment for a gas line installation business)was approved by the Board of County Commissioners on May 2, 2018 and the Final Resolution was signed on June 11, 2018 (Exhibit A). The USR corrected Zoning Code Violation ZCV17-00120, which was initiated due to the presence of an unpermitted business located on-site. As of February 3, 2020, the USR map has not been submitted for review or recorded and the commercial activity appears to be abandoned. Previously, Mr. Kempema was contacted by Planning staff via email on May 2, 2019 and October 17, 2019 (Exhibits B, C) regarding the status of the USR map. No response has been received to date. Additionally, planning staff conducted a site inspection on May 6, 2019 and no commercial activity was observed. 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 a0220_ b(a03 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). Based on the sections listed in the Final Resolution and the Weld County Code, Mr. Kempema was notified in a letter sent by Certified Mail on February 5, 2020 (Exhibits D, E) that USR17-0044 will be heard before the Board of County Commissioners on February 19, 2020 at 9:00 a.m. at the Weld County Administration Building, located at 1150 O Street, Greeley, CO 80631. Mr. Kempema was encouraged to attend this hearing. Additionally, Mr. Kempema was invited to withdraw the USR application, as the use no longer appears to be on-site, and to email this intention to me by February 18, 2020. As directed in Section 23-2-200.H of the Weld County Code, staff requests that the Board consider rescinding the Resolution for USR17-0044 or consider granting the applicant additional time to complete the USR map. Exhibits: A: Signed BOCC Resolution B: Rescind Notice 1 (email), dated May 2, 2019 C: Rescind Notice 2(email), dated October 17, 2019 D: Rescind Notice Final (letter), dated February 5,2020 E: Rescind Notice Final (letter)-Certified Mail receipt F: Withdrawal Request Letter, dated February 18, 2020 G:Vicinity Map H: Draft USR Map EXHIBIT A RESOLUTION RE : APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR17-0044, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVILE_W IN THE COMMERCIAL •' R INDUSTRIAL ZONE DISTRICTS (COMMERCIAL PARKING AND STORAGE OF TRUCKS, TRAILERS AND EQUIPMENT FOR A GAS LINE INSTALLATION BUSINESS) PR!%VIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDE * SUBDIVISION PLAT OR PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTR * LLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT — KYLE KEMPEMA 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 7th day of March , 2018 , at the hour of 10 : 00 a . m . , in the Chambers of the Board for the purpose of hearing the application of Kyle Kempema, 2770 East 18th St. , Greeley, CO 80631 , for a Site Specific Development Plan and Use by Special Review Permit, USR17-0044 , for a Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (commercial parking and storage of trucks, trailers and equipment for a gas line installation business) provided that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District on the following described real estate , to-wit: Part of the SW1 /4 of Section 11 , Township 5 North , Range 65 West of the 6th P . M. , Weld County, Colorado WHEREAS, the Board heard all of the testimony and statements of those present and reviewed the request of the applicant, and continued the matter to April 18 , 2018, at 10 : 00 a . m . , to allow the applicant adequate time to present to Planning Commission , which was rescheduled to April 3, 2018, due to a lack of Planning Commission quorum on February 20, 2018, and WHEREAS, on April 18, 2018 , the Board heard all of the testimony and statements of those present and due to scheduling conflicts, again continued the matter to Monday, April 23, 2018 , at 9 : 00 a . m . , at which time the Board deemed it appropriate to continue the matter to Wednesday, May 2 , 2018 , at 10: 00 a . m . , to allow fora full quorum of the Board , and WHEF EAS , on May 2 , 2018 , 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 : el: PL ( M/ 614) , 4U3 CEP ! 14?a , 4 (Lt__.) 2018- 1042 CA( hC1FR) en trs) , 'PL PL2528 SPECIAL REVIEW PERMIT (USR17-0044) -- KYLE KEMPEMA PAGE 2 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 . 8. 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 subject site is an area which is already developed and the proposed use is compatible with the surrounding properties . The property contains a residence which is congruent with surrounding properties. Screening should include an opaque fence on the north , east and west to reduce the commercial impact to the area . Productive agricultural activities are not readily supported in this area because of the small lot size and mix of residential and commercial uses . 2) Section 22-2-20 . H (A. Goal 8) states: "Ensure that adequate services and facilities are currently available or reasonably obtainable to accommodate the requested new land use change for more intensive development " There is currently water and septic service provided to the property . The City of Greeley provides water service to the property (Account #063-770388-01 ) . There is an existing septic system , Permit #G19919006 , for the existing home (2770 East 18th Street) and is sized for three (3) bedrooms. No structures are proposed to be used for the business. The business will be served by a portable toilet and bottled water will be provided for employees when they are at the site. 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- 10 - Intent, of the Weld County Code states : "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 " 2) Section 23-3-40. S -- Uses by Special Review, of the Weld County Code allows : "Any Use permitted as a Use by Right, an accessory use, or a Use by Special Review in the Commercial or industrial zone districts, provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions. " 2018- 1042 PL2528 SPECIAL REVIEW PERMIT(USR17-0044)-KYLE KEMPEMA PAGE 3 C. Section 23-2-230.B.3--The uses which will be permitted will be compatible with the existing surrounding land uses. The use and size of the other lots around the subject site are primarily residential and parcels range between 0.5 and 40 acres in size. There is a large mix of property types east of Greeley including Union Colony Subdivision lots, recorded exemption lots and metes and bounds parcels. There are five residences within 200 feet of the subject lot. The closest residence is approximately 10 feet from the subject property.The adjacent lots are zoned Agricultural; however,further to the west, there are a diverse mix of zone districts including Agricultural, Residential, Commercial and Industrial, specifically, A, R-1, R-3, C-1, C-2, C-3, I-1, and 1-2. The proposed use will create an additional commercial impact to the neighborhood; however, proper screening, operation and drainage management will mitigate these potential impacts. The business will complement the surrounding land uses and is not out of character with this of the area of Weld County. There are numerous Use by Special Review Permits issued within one mile of the site. USR14-0023 is for a mineral resource development facility and is located approximately 0.3 miles to the northwest. USR-832, USR-665 and USR16-0009 are all for oil and gas production facilities and are located approximately 0.3, 0.6 and 0.7 miles to the southwest. SUP-476 is for trailer sales and is located approximately 0.35 miles to the east. USR-938 is for a roping arena located 0.4 miles to the northeast. AMSUP-345 is for gravel mining and is located approximately 0.7 miles to the northwest. USR-926 is for recreational vehicle storage located approximately 0.95 miles to the northwest. The Weld County Department of Planning Services did not receive any responses from surrounding property owners regarding the proposed application. 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 City of Evans, City of Greeley, Town of Garden City and Town of Kersey. The Town of Garden City referral response, dated September 5, 2017, indicated no concerns. No responses were received from the City of Evans, City of Greeley or the Town of Kersey.The site is located within the Kersey Coordinated Planning Agreement(CPA)area.The Town of Kersey, responded via email that they did not have concerns with the proposal.The site is not located in a Regional Urbanization Area (RUA)or Urban Growth Boundary(UGB) of a municipality. E. Section 23-2-230.8.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld County Code. The site is located in the A-P (Airport) Overlay District and Airport Critical Flight Zone and the Greeley-Weld County Airport referral response, dated August 31, 2017, indicated no concerns. The site is not located in a FEMA regulatory 2018-1042 PL2528 SPECIAL REVIEW PERMIT (USR17-0044) -- KYLE KEMPEMA PAGE 4 floodplain , but is in the 500-year floodplain . The site is not located in the Geologic Hazard Overlay or MS4 area . 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 soil designation for the site is "Other, " per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. Due to the classification given , the proposed USR will not take " Prime ( Irrigated)" Farmland 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 Kyle Kempema , for a Site Specific Development Plan and Use by Special Review Permit , USR17-0044 , for a Use permitted as a Use by Right, Accessory Use , or Use by Special Review in the Commercial or Industrial Zone Districts (commercial parking and storage of trucks , trailers and equipment for a gas line installation business) provided that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby is , granted subject to the following conditions : 1 . Prior to recording the map: A. The Map shall be amended to delineate the following : 1 ) All sheets of the map shall be labeled USR17-0044 . 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 show and label the location and layout of the areas for the storage of trucks and equipment. 5) The applicant shall show and label the location of employee parking . Parking design shall adhere to Chapter 23 , Article IV, Division I and Appendices 230A and 23-B of the Weld County Code. 6) The applicant shall show and label the existing landscaping and screening of the storage area from the existing adjacent home . 2018- 1042 PL2528 SPECIAL REVIEW PERMIT(USR17-0044)—KYLE KEMPEMA PAGE 5 7) The applicant shall delineate on the map the trash collection areas. Section 23-3-250.A.6 of the Weld County Code addresses the issue of trash collection areas. 8) The applicant shall show and label any lighting, including the type and height, if applicable. 9) The applicant shall show and label the location of existing buildings. 10) 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. 11) Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the map, per the setback requirements of 23-3-50.E of the Weld County Code. 12) Show and label all recorded easements and rights-of-way on the map by book and page number or reception number. 13) The applicant shall show the drainage flow arrows. 14) Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. 15) East 18th Street is a paved road and is designated on the Weld County Functional Classification Map as a collector road which requires 80 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the future and existing right-of-way. All setbacks shall be measured from the edge of future right-of-way. This road is maintained by Weld County. 16) Show and label the approved access (AP17-00474), and the appropriate turning radii (60') on the site plan. 17) Show and label the approved tracking control on the site plan. 18) 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. 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 2018-1042 PL2528 SPECIAL REVIEW PERMIT (USR17-0044) — KYLE KEMPEMA PAGE 6 and Recorder by the Department of Planning Services . The map shall be prepared in accordance with the requirements of Section 23-2-260 . D of the Weld County Code . The Mylar map and additional requirements shall be submitted within one hundred twenty ( 120) days from the date of the Board of County Commissioners Resolution . The applicant shall be responsible for paying the recording fee. 3. In accordance with Weld County Code Ordinance #2012-3, approved April 30 , 2012 , should the map 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 . us . 5 . The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review plat 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. 6 . Prior to Construction : A. The approved access and tracking control shall be constructed prior to on-site construction . The above and foregoing Resolution was , on motion duly made and seconded , adopted by the following vote on the 2nd day of May , A. D . , 2018 . BOARD OF COUNTY COMMISSIONERS WELD COUNTY , COLORADO ATTEST: W d la,eAtEXCUSED Steve reno , Ch r Weld County Clerk to the Board ,. tom ; Barbara Kirkmey , Pro- m � B Y: � - /� �.._• • Deputy Clerk to the Bo Sean P. Conway i .APP . y� AS ► 61 - A. Cozad aunt/Att a r n e y ' ' ' _ Mike Freeman Date of signature : 06 4/7/8 2018- 1042 PL2528 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS KYLE KEMPEMA USR17-0044 1. The Site Specific Development Plan and Use by Special Review Permit, USR17-0044, is for a Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts(commercial parking and storage of trucks,trailers and equipment for a gas line installation business) provided that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A(Agricultural)Zone District. 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. 3. The hours of operation are 6:30 a.m. to 6:30 p.m., Monday through Saturday, for the months of November through February, and daylight hours for the months of March through October. 4. The number of employees accessing the site shall be twelve (12). 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 access on the site shall be maintained to mitigate any impacts to the public road, including damages and/or off-site tracking. 9. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized. 10. The historical flow patterns and runoff amounts on the site will be maintained. 11. Weld County is not responsible for the maintenance of on-site drainage related features. 12. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 13. 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, Section 30-20-100.5, C.R.S. 14. 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 2018-1042 PL2528 DEVELOPMENT STANDARDS (USR17-0044) -- KYLE KEMPEMA PAGE 2 conditions . The applicant shall operate in accordance with Chapter 14 , Article I , of the Weld County Code . 15 . 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. 16 . The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone District, as delineated in Section 25- 12-103 , C . R. S . 17 . Adequate drinking , handwashing and toilet facilities shall be provided for employees , at all times . For employees or contractors on the site for less than two (2) consecutive hours a day, and two (2) or less full-time employees on-site , 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 and shall contain hand sanitizers . 18 . Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to On-site Wastewater Treatment Systems . 19 . A permanent, adequate water supply shall be provided for drinking and sanitary purposes . 20 . The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code . 21 . Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the plan . 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 . The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code . 23. 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. 24. 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 . 2018-1042 PL2528 DEVELOPMENT STANDARDS (USR17-0044)—KYLE KEMPEMA PAGE 3 25. The property owner or operator shall be responsible for complying with all of 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. 26. 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. 27. 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. 2018-1042 PL2528 Michael Hall From: Michael Hall Sent: Thursday, May 02, 2019 8: 21 AM EXHIBIT To: kyle kempema Cc: Bethany Pascoe Mb Subject: Kempema - USR17 -0044 status Attachments: Resolution . pdf;df; MAP. pdf 'raCtan izeg Hi Kyle, USR17-0044 was approved on May 2, 2018 . It has now been a full year and you have not completed the final USR map as detailed in the attached Resolution . Please submit a revised USR map to me based on the criteria listed under item # 1 . A in the Resolution . lithe map is not submitted, revised and recorded within 60 days, I will need to reschedule the case back before the Board of County Commissioners to consider revoking the USR . I have attached the draft map for your reference . Please let me know if you have any questions and have a great day. Thank you, Michael Hall Planner II 1555 N 17th Ave Greeley, CO 80631 (970 ) 400-3528 mhall@co . weld . co . us 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 any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited . 1 Michael Hall From : Michael Hall Sent: Thursday, October 17, 2019 1 : 52 PM To: kyle kempema EX HI R T Cc: Bethany Pascoe Subject: RE: Kempema - USR17 -0044 status Hi Kyle, Again, reaching out . Action must be taken on USR17-0044. Please respond back and let me know your intention . If no response is received, we will proceed with revocation . Thank you , Michael Hall Planner II 1555 N 17th Ave Greeley, CO 80631 (970 ) 400-3528 mhall@co . weld . co . us , r !sa; F Lot r . { a out: 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 : Michael Hall Sent: Thursday, May 02, 2019 8 : 21 AM To : kyle kempema < kylebubbaco@gmail . com > Cc : Bethany Pascoe < bpascoe@weldgov . com > Subject : Kernpema - USR17-0044 status Hi Kyle, USR17-0044 was approved on May 2, 2018 . It has now been a full year and you have not completed the final USR map as detailed in the attached Resolution . Please submit a revised USR map to me based on the criteria listed under item # 1 . A in the Resolution . lithe map is not submitted , revised and recorded within 60 days, I will need to reschedule the case back before the Board of County Commissioners to consider revoking the USR . I have attached the draft map for your reference . Please let me know if you have any questions and have a great day. 1 Thank you, Michael Hall Planner II 1555 N 17th Ave Greeley, CO 80631 (970 ) 400-3528 mhall@co . weld . co . us die Arr 5 � At • , .. r SS > 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 . 2 DEPARTMENT OF P -_AN MNG SERVOCES EXHIBIT - 1555 N . 17th Avenue , Greeley , CO 80631 Cc' T Y Email : mhall@co . weld . co . us ou. � Phone : (970) 400-3528 Fax: (970) 304-6498 February 5 , 2020 Kyle D . Kempema 2770 East 18th Street Greeley, CO 80631 Certified Mail : 7018 0680 0000 1018 3517 Case Number: USR17-0044 Parcel Number: 0961 - 11 -0-00-034 Legal Description : Part of the SW4 of Section 11 , T5N , R65W of the 6th P . M . , Weld County, CO Subject: Conditions of Approval and USR map not completed Kyle Kempema , You are receiving this letter because you have applied for a Use by Special Review (USR) permit with Weld County but have never followed through the steps to complete the process . USR17-0044 (commercial parking and storage of trucks , trailers , and equipment for a gas line installation business) was approved by the Board of County Commissioners on May 2 , 2018 and the Final Resolution was signed on June 11 , 2018 . The USR corrected Zoning Code Violation ZCV17- 00120 . As of February 3 , 2020 , the USR map has not been finalized or recorded , the conditions of approval have not been completed and the use appears to be abandoned . Previously , you were contacted by Planning staff via email on May 2 , 2019 and October 17 , 2019 regarding the status of the conditions of approval and USR map . No response has been received to date . Additionally , planning staff conducted a site inspection on May 6 , 2019 and no commercial activity was observed . 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) . As a result, USR17-0044 will be heard before the Board of County Commissioners on February 19 , 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 the public hearing will be for the Board of County Commissioners to review the progress made on the conditions of approval and 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 the Use by Special Review permit is rescinded and a new commercial , industrial or other USR- designated activity is operating on-site , a new violation will be initiated by Weld County Zoning Compliance staff and will be forwarded to the Weld County Attorney' s Office for legal action . If you choose to withdraw the USR application , pleaseemailyourintentiontomhall@weldgov . com byFebruary 18 , 2020 . Please contact me with questions . / Michael Hall , Planner II ice-- " `;c '' - '21 .5 •'o;u�4-4-. - - -7,Yrzr..:u ritr,_.'-c... EXHICT .., , E 3 L. I 46,1 a,imr1 . Postal Service Pli CERTIFIED MAlL® RECEIPT ;` Domestic Mail Only For delivery information, visit our website at www, usps. ' 4{: .. a Certified !visit Fee CI s add an pRPEOPd 0) try S�vi�s g� $ ttWU O �@aJ JCoPY) C t € trtie) postmark Here 00004 telt4ResitictedDetivery $ .--------_, AdUdtst*S od $ ['Adult Signoluietteatsictoti pawn $.---..,.. I tiv.r CB P16/ t- Total. Postage and Foes - �}� `�,/� . / ..�.i�... ._....y�{�..___.__--------pip/,( {q�,e�� co son( k�F /w y lbw \ *vtr F ? rr•rr►s�:�.sti....«...�.w 13h�r iv Ciy .1:1 Viii#;Firigiii.APINc-ks . - _ • w .. a w �]R.iq►l��AI►f�M�YyW�r�f� 1 ( w ei 7 0 ta . Istii ifir .:yJra..�f�f�N!A�-�.r r.wrrww�M+rart Asa "1R s Leis CO 8ofl ( 'PS � ►rRta� • r s � , • �rit_��l'i5 � 1 Michael Hall From : Michael Hall Sent: Tuesday, February 18, 2020 12: 57 PM To: kyle kempema EXHIBIT Cc: Bethany Pascoe Subject: RE : USR17 - 0044 Hi Kyle, Thank you for the response . Based on your statement below that the USR is no longer needed or active, I will present this email to the BOCC and most likely, the USR will be withdrawn and rescinded . Please let me know if you have any other questions . Have a great day. Michael Hall Planner II 1555 N 17th Ave Greeley, CO 80631 ( 970 ) 400-3528 mhall@co . weld . co . us ''` . '"r .1 r I. rl . GOuNt 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 : kyle kempema < kylebubbaco@gmail . com > Sent : Tuesday, February 18, 2020 11 :46 AM To : Michael Hall < mhall@weldgov . com > Subject : USR17 -0044 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. I wrote you an email last time you contacted me but looking back it failed to send and I didn ' t notice it to resend . I apologize for that . K . R . Swerdferger who hired the engineer bailed on me and took their engineering with them . At this point I think I would just like to go back to the way things were and drop the USR . Thank you for all you have done . 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