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Home My WebLink About20194982.tiffCORRECTED RESOLUTION (Corrected to reflect previous Continuance from December 18, 2020) RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR19-0049, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS, (OUTDOOR STORAGE OF RVS, ATVS, BOATS, CAMPERS, TRAILERS, AND VEHICLES) 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 - NATHAN TROWBRIDGE AND GROVES FARM, LLC 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 18th day of December, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of Nathan Trowbridge, and Groves Farm, LLC, 21543 CR 74, Eaton, Colorado 80615, for a Site Specific Development Plan and Use by Special Review Permit, USR19-0049, for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts, (outdoor storage of RVs, ATVs, boats, campers, trailers, and vehicles) provided that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Amended Subdivision Exemption, 1AMSUBX19-08-1128; being part of the S1/2 of Section 34, Township 7 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, on December 18, 2019, the Board heard all of the testimony and statements of those present and reviewed the request of the applicant and, having been fully informed, deemed it advisable to continue the matter to December 23, 2019, at 10:00 a.m., to allow the applicant adequate time to draft a Landscape and Screening Plan to address visual mitigation concerns. WHEREAS, on December 23, 2019, the applicant was present, and WHEREAS, the application for Use by Special Review Permit, USR19-0049, was received and processed prior to the adoption of Ordinance #2019-02, effective July 25, 2019, which amended Chapter 23 Zoning of the Weld County Code. Therefore, the standards for review of said USR Permit will remain subject to Chapter 23, Article III, of the Weld County Code as it existed prior to July 25, 2019, and WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of said Use by Special Review Permit, and c� PLIM c/ry>, Pw(erlDA), ak(u>, C -MC> ► ASP I� 2B/2_O2.O 2019-4982 PL2724 SPECIAL REVIEW PERMIT (USR19-0049) - NATHAN TROWBRIDGE AND GROVES FARM, LLC PAGE 2 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.A.2 (A.Policy 1.2) states: "Support the development of creative policies for landowners to voluntarily conserve agricultural land." The applicants are not going to use all the land for this storage facility and will use some of it for possible Agricultural Use, so this provides them the income to be able to do that. 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."This property has not been farmed and is not currently irrigated, therefore, it is not a conversion of land. Additionally, productive agricultural activities are not readily supported on this parcel because of the small lot size. Furthermore, this property has direct access onto County Road 74, which is a major regional transportation corridor that provides convenient access for customers to bring their items to the site. Having this commercial use on the property will control the weeds on site. This is the highest and best use of this property and is compatible with the area. B. Section 23-2-230.B.2 — The proposal is consistent with the intent of the district in which the use is located. The applicants are not going to use all the land for this storage facility and will use some of it for possible agricultural use, so this provides them the income to be able to do that. 1) Section 23-3-10 — Intent, states, in part: "The A (Agricultural) Zone District is also intended to provide areas for the conduct of Uses by Special Review which have been determined to be more intense or to have a potentially greater impact than Uses Allowed by Right." As of July 17, 2019, the date of complete application submittal, this 2019-4982 PL2724 SPECIAL REVIEW PERMIT (USR19-0049) - NATHAN TROWBRIDGE AND GROVES FARM, LLC PAGE 3 Code section allows the applicant to apply for a Use by Special Review permit for the subject request, which is more intense than Uses Allowed by Right. 2) Section 23-3-40.S — Uses by special review, 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." As of July 17, 2019, the date of complete application submittal, this Code section allows the applicant to apply for a USR for a miscellaneous commercial/industrial operation because the site is not located within a subdivision or historic townsite. C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible with the existing surrounding land uses. This is the highest and best use of this property and is compatible with the area. D. Section 23-2-230.B.4 — The uses which would 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 this Code or Master Plans of affected municipalities. Although this area does not contain numerous commercial uses, the site offers convenient access to County Road 74, which is a direct and important transportation corridor in Weld County. Locating this type of USR next to a major roadway minimizes the need for customer traffic to drive on local roads or extensively through agricultural and residential lands, which supports Sections 22-2-100.E and F of the Weld County Code. This site is located within the three (3) mile referral radius of the Town of Eaton, which returned a referral response dated July 23, 2019, indicating no concerns. The site is not located in a Coordinated Planning Agreement (CPA) area, Urban Growth Boundary (UGB) or Regional Urbanization Area (RUA). E. Section 23-2-230.B.5 — The application complies with Articles V and XI of this Chapter if the proposal is located within an overlay zoning district or a special flood hazard area identified by maps officially adopted by the county. The property is not located within the A -P (Airport) Overlay District, Geologic Hazard Overlay District, a Special Flood Hazard Area 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 23-2-230.6.6 — The use is proposed to be located in the A (Agricultural) Zone District, and the applicant has demonstrated a diligent effort has been made to conserve prime farmland in the locational decision for the proposed use. The site is designated as "Prime (Irrigated) - 2019-4982 PL2724 SPECIAL REVIEW PERMIT (USR19-0049) - NATHAN TROWBRIDGE AND GROVES FARM, LLC PAGE 4 Farmlands of National Importance," per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The proposed USR will not remove any agricultural land from production. The existing Subdivision Exemption (SUBX) lot is expanding via the pending Amended SUBX to include a portion of the Groves Farm, which is not being farmed. The applicants are not going to use all the land for this storage facility and will use some of it for possible agricultural use, so this provides them the income to be able to do that. This property has not been farmed and is not currently irrigated, therefore, the proposed is the highest and best use of this property and is compatible with the area. 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. The Weld County Environmental Health and Public Works referrals, dated August 9 and August 22, 2019, provide additional background and advisory information regarding designing and operating the site in conformance with the interests of the County, public and other governmental agencies. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Nathan Trowbridge and Groves Farms, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR19-0049, for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts, (outdoor storage of RVs, ATVs, boats, campers, trailers, and vehicles) 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 USR map: A. The applicant shall address the comments of the Colorado Division of Water Resources regarding stormwater detention, as stated in the referral response dated July 25, 2019. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. B. The applicant shall submit a Landscape, Screening and Maintenance Plan to the Department of Planning Services for review and approval. The applicant shall submit a Property Maintenance Plan to the Department of Planning Services for review and approval. D. The applicant shall submit a Lighting Plan, including the Dark Sky Policy, to the Department of Planning Services for review and approval. 2019-4982 PL2724 SPECIAL REVIEW PERMIT (USR19-0049) - NATHAN TROWBRIDGE AND GROVES FARM, LLC PAGE 5 E. An Improvements and Road Maintenance Agreement is required for off -site improvements at this location. Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes. The Agreement shall include provisions addressing engineering requirements, submission of collateral, and testing and approval of completed improvements. F. The USR map shall be amended to delineate the following: 1) All sheets of the map shall be labeled USR19-0049. 2) The attached Development Standards. 3) The map shall be prepared, per Section 23-2-260.D of the Weld County Code. 4) The applicant shall show and label the location of the outdoor storage facility, including the layout of the storage spaces and drive aisles. 5) The applicant shall show and label the location of existing buildings and portable toilet which shall be screened from existing surrounding residences and public right-of-way. 6) The applicant shall show and label the vegetative screening, fencing and security features as detailed in the Landscape, Screening and Maintenance Plan. 7) The applicant shall show and label the location of the trash collection areas, as detailed in the Property Maintenance Plan. 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 the location of the lighting, as detailed in the Lighting Plan. All lighting shall be downcast and shielded so that light rays will not shine directly onto adjacent properties and incorporate the Dark Sky Policy. 9) The applicant shall show and label the location of the signage. Signs shall adhere to Chapter 23, Article IV, Division 2, Section 23-2-240.A.12 and Appendices 23-C, 23-D and 23-E of the Weld County Code. 10) The applicant shall show and label all recorded easements and rights -of -way on the map by book and page number or reception number. 2019-4982 PL2724 SPECIAL REVIEW PERMIT (USR19-0049) - NATHAN TROWBRIDGE AND GROVES FARM, LLC PAGE 6 11) If applicable, setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the map, per the setback requirements of Section 23-3-50.E of the Weld County Code. 12) County Road 74 is a paved road and is designated on the Weld County Functional Classification Map as an arterial road, which requires 140 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. 13) County Road 45 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. 14) The applicant shall show and label the approved access locations, approved access width and the appropriate turning radii (60 feet) on the site plan. The applicant must obtain an Access Permit in the approved location(s) prior to construction. 15) The applicant shall show and label the approved tracking control on the site plan. 16) 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. 17) The applicant shall show and label the drainage flow arrows. 18) 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 2019-4982 PL2724 SPECIAL REVIEW PERMIT (USR19-0049) - NATHAN TROWBRIDGE AND GROVES FARM, LLC PAGE 7 Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar map and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the 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. Prior to Construction: A. The approved access and tracking control shall be constructed prior to on -site construction. B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. 5. The Use by Special Review is not perfected until the Conditions of Approval are completed and the map is recorded. Activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review map is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. 2019-4982 PL2724 SPECIAL REVIEW PERMIT (USR19-0049) - NATHAN TROWBRIDGE AND GROVES FARM, LLC PAGE 8 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of December, A.D., 2019. BOARD OF COUNTY COMMISSIONERS WELOUNTY. ' LORADO ATTEST: dam); Weld County Clerk to the Board rbara Kirkme er, Chair Steve Moreno Mike Freeman, Pro -Tern orney Date of signature: 47/21 /2O 2019-4982 PL2724 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS NATHAN TROWBRIDGE AND GROVES FARMS, LLC USR19-0049 1. The Site Specific Development Plan and Use by Special Review Permit, USR19-0049, is for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts, (outdoor storage of RVs, ATVs, boats, campers, trailers, and vehicles) 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 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 hours of operation of the storage facility are 24 hours per day, seven (7) days per week. 4. The maximum number of outdoor storage spaces shall be limited to two hundred (200), as stated in the application materials. 5. The existing and proposed landscape and screening shall be maintained, in accordance with the approved Landscape, Screening and Maintenance Plan. 6. The outdoor storage area shall be maintained in accordance with the approved Property Maintenance Plan. 7 All vehicles located within the storage area must be operational with current license plates and tags. No derelict vehicles, as defined in Section 23-1-90 of the Weld County Code, shall be stored on the site. 8. There shall be no storage of commercial and/or industrial vehicles, equipment, materials or hazardous wastes. 9. 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. 10. 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. 11. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. 12. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. 13. 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. 2019-4982 PL2724 DEVELOPMENT STANDARDS (USR19-0049) - NATHAN TROWBRIDGE AND GROVES FARM, LLC PAGE 2 14. The property owner shall comply with all requirements provided in the executed Improvements Agreement. 15. The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit and possible updates. 16. The historical flow patterns and runoff amounts on the site will be maintained. 17. 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. 18. 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. 19. 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. 20. 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. 21. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to On -site Waste Water Treatment Systems. 22. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. 23. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times. For ten (10) or less customers or visitors 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. 24. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 25. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the approved Lighting Plan and Dark Sky Policy. 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. 2019-4982 PL2724 DEVELOPMENT STANDARDS (USR19-0049) - NATHAN TROWBRIDGE AND GROVES FARM, LLC PAGE 3 26. Building Permits may be required for any new construction or set up manufactured structure, per Section 29-3-10 of the Weld County Code. A Building Permit application must be completed and submitted. Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently, the following have been adopted by Weld County: 2018 International 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. 27. 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. 28. 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. 29. 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. 30. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under Title 34, of the Colorado Revised Statutes, minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and persons moving into these areas must recognize the various impacts associated with this development. Oftentimes, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 31. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the Weld County Code, shall be placed on the map and recognized at all times. 2019-4982 PL2724 RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR19-0049, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS, (OUTDOOR STORAGE OF RVS, ATVS, BOATS, CAMPERS, TRAILERS, AND VEHICLES) 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 - NATHAN TROWBRIDGE AND GROVES FARM, LLC 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 18th day of December, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of Nathan Trowbridge, and Groves Farm, LLC, 21543 CR 74, Eaton, Colorado 80615, for a Site Specific Development Plan and Use by Special Review Permit, USR19-0049, for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts, (outdoor storage of RVs, ATVs, boats, campers, trailers, and vehicles) provided that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Amended Subdivision Exemption, 1AMSUBX19-08-1128; being part of the S1/2 of Section 34, Township 7 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, the applicant was present, and WHEREAS, the application for Use by Special Review Permit, USR19-0049, was received and processed prior to the adoption of Ordinance #2019-02, effective July 25, 2019, which amended Chapter 23 Zoning of the Weld County Code. Therefore, the standards for review of said USR Permit will remain subject to Chapter 23, Article III, of the Weld County Code as it existed prior to July 25, 2019, and WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of said Use by Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendation of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. CG PLC HI T'P).PG0 SR/TS), e.1-1CLL), C0.Ce.c), aert.. oa/to / ao 2019-4982 PL2724 SPECIAL REVIEW PERMIT (USR19-0049) - NATHAN TROWBRIDGE AND GROVES FARM, LLC PAGE 2 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 23-2-230.6 of the Weld County Code as follows: A. Section 23-2-230.6.1 — The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. 1) Section 22-2-20.A.2 (A.Policy 1.2) states: "Support the development of creative policies for landowners to voluntarily conserve agricultural land." The applicants are not going to use all the land for this storage facility and will use some of it for possible Agricultural Use, so this provides them the income to be able to do that. 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."This property has not been farmed and is not currently irrigated, therefore, it is not a conversion of land. Additionally, productive agricultural activities are not readily supported on this parcel because of the small lot size. Furthermore, this property has direct access onto County Road 74, which is a major regional transportation corridor that provides convenient access for customers to bring their items to the site. Having this commercial use on the property will control the weeds on site. This is the highest and best use of this property and is compatible with the area. B. Section 23-2-230.B.2 — The proposal is consistent with the intent of the district in which the use is located. The applicants are not going to use all the land for this storage facility and will use some of it for possible agricultural use, so this provides them the income to be able to do that. 1) Section 23-3-10 — Intent, states, in part: "The A (Agricultural) Zone District is also intended to provide areas for the conduct of Uses by Special Review which have been determined to be more intense or to have a potentially greater impact than Uses Allowed by Right." As of July 17, 2019, the date of complete application submittal, this Code section allows the applicant to apply for a Use by Special Review permit for the subject request, which is more intense than Uses Allowed by Right. 2) Section 23-3-40.S — Uses by special review, 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 2019-4982 PL2724 SPECIAL REVIEW PERMIT (USR19-0049) - NATHAN TROWBRIDGE AND GROVES FARM, LLC PAGE 3 or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions."As of July 17, 2019, the date of complete application submittal, this Code section allows the applicant to apply for a USR for a miscellaneous commercial/industrial operation because the site is not located within a subdivision or historic townsite. C. Section 23-2-230.6.3 — The uses which will be permitted will be compatible with the existing surrounding land uses. This is the highest and best use of this property and is compatible with the area. D. Section 23-2-230.6.4 — The uses which would 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 this Code or Master Plans of affected municipalities. Although this area does not contain numerous commercial uses, the site offers convenient access to County Road 74, which is a direct and important transportation corridor in Weld County. Locating this type of USR next to a major roadway minimizes the need for customer traffic to drive on local roads or extensively through agricultural and residential lands, which supports Sections 22-2-100.E and F of the Weld County Code. This site is located within the three (3) mile referral radius of the Town of Eaton, which returned a referral response dated July 23, 2019, indicating no concerns. The site is not located in a Coordinated Planning Agreement (CPA) area, Urban Growth Boundary (UGB) or Regional Urbanization Area (RUA). E. Section 23-2-230.6.5 — The application complies with Articles V and XI of this Chapter if the proposal is located within an overlay zoning district or a special flood hazard area identified by maps officially adopted by the county. The property is not located within the A -P (Airport) Overlay District, Geologic Hazard Overlay District, a Special Flood Hazard Area 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 23-2-230.6.6 — The use is proposed to be located in the A (Agricultural) Zone District, and the applicant has demonstrated a diligent effort has been made to conserve prime farmland in the locational decision for the proposed use. The site is designated as "Prime (Irrigated) - Farmlands of National Importance," per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The proposed USR will not remove any agricultural land from production. The existing Subdivision Exemption (SUBX) lot is expanding via the pending Amended SUBX to include a portion of the Groves Farm, which is not being farmed. The applicants are not going to use all the land for this storage facility and will use some of it for possible agricultural use, so this provides them the income to be able to do that. This property has not been farmed and is not 2019-4982 PL2724 SPECIAL REVIEW PERMIT (USR19-0049) - NATHAN TROWBRIDGE AND GROVES FARM, LLC PAGE 4 currently irrigated, therefore, the proposed is the highest and best use of this property and is compatible with the area. G. Section 23-2-230.6.7 — The applicant has met the criteria for Section 23-2- 220.A.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. The Weld County Environmental Health and Public Works referrals, dated August 9 and August 22, 2019, provide additional background and advisory information regarding designing and operating the site in conformance with the interests of the County, public and other governmental agencies. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Nathan Trowbridge and Groves Farms, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR19-0049, for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts, (outdoor storage of RVs, ATVs, boats, campers, trailers, and vehicles) 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 USR map: A. The applicant shall address the comments of the Colorado Division of Water Resources regarding stormwater detention, as stated in the referral response dated July 25, 2019. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. B. The applicant shall submit a Landscape, Screening and Maintenance Plan to the Department of Planning Services for review and approval. C. The applicant shall submit a Property Maintenance Plan to the Department of Planning Services for review and approval. D. The applicant shall submit a Lighting Plan, including the Dark Sky Policy, to the Department of Planning Services for review and approval. E. An Improvements and Road Maintenance Agreement is required for off -site improvements at this location. Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes. The Agreement shall include provisions addressing engineering requirements, submission of collateral, and testing and approval of completed improvements. 2019-4982 PL2724 SPECIAL REVIEW PERMIT (USR19-0049) - NATHAN TROWBRIDGE AND GROVES FARM, LLC PAGE 5 F. The USR map shall be amended to delineate the following: 1) All sheets of the map shall be labeled USR19-0049. 2) The attached Development Standards. 3) The map shall be prepared, per Section 23-2-260.D of the Weld County Code. 4) The applicant shall show and label the location of the outdoor storage facility, including the layout of the storage spaces and drive aisles. 5) The applicant shall show and label the location of existing buildings and portable toilet which shall be screened from existing surrounding residences and public right-of-way. 6) The applicant shall show and label the vegetative screening, fencing and security features as detailed in the Landscape, Screening and Maintenance Plan. 7) The applicant shall show and label the location of the trash collection areas, as detailed in the Property Maintenance Plan. 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 the location of the lighting, as detailed in the Lighting Plan. All lighting shall be downcast and shielded so that light rays will not shine directly onto adjacent properties and incorporate the Dark Sky Policy. 9) The applicant shall show and label the location of the signage. Signs shall adhere to Chapter 23, Article IV, Division 2, Section 23-2-240.A.12 and Appendices 23-C, 23-D and 23-E of the Weld County Code. 10) The applicant shall show and label all recorded easements and rights -of -way on the map by book and page number or reception number. 11) If applicable, setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the map, per the setback requirements of Section 23-3-50.E of the Weld County Code. 12) County Road 74 is a paved road and is designated on the Weld County Functional Classification Map as an arterial road, which requires 140 feet of right-of-way at full buildout. The applicant shall 2019-4982 PL2724 SPECIAL REVIEW PERMIT (USR19-0049) - NATHAN TROWBRIDGE AND GROVES FARM, LLC PAGE 6 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. 13) County Road 45 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. 14) The applicant shall show and label the approved access locations, approved access width and the appropriate turning radii (60 feet) on the site plan. The applicant must obtain an Access Permit in the approved location(s) prior to construction. 15) The applicant shall show and label the approved tracking control on the site plan. 16) 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. 17) The applicant shall show and label the drainage flow arrows. 18) 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 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. 2019-4982 PL2724 SPECIAL REVIEW PERMIT (USR19-0049) - NATHAN TROWBRIDGE AND GROVES FARM, LLC PAGE 7 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. Prior to Construction: A. The approved access and tracking control shall be constructed prior to on -site construction. B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. 5. The Use by Special Review is not perfected until the Conditions of Approval are completed and the map is recorded. Activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review map is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of December, A.D., 2019. BOARD OF COUNTY COMMISSIONERS WCOUNTY, COLO'ADO ATTEST: Cj�xie„,;(1 Weld County Clerk to the Board BY: eputy Clerk to the Board APP''.. D AS T y rney Date of signature: of /IS /2Q rbara Kirkmeyer, C- air Mike Freeman, Pro -Tern Steve Moreno 2019-4982 PL2724 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS NATHAN TROWBRIDGE AND GROVES FARMS, LLC USR19-0049 1. The Site Specific Development Plan and Use by Special Review Permit, USR19-0049, is for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts, (outdoor storage of RVs, ATVs, boats, campers, trailers, and vehicles) 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 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 hours of operation of the storage facility are 24 hours per day, seven (7) days per week. 4. The maximum number of outdoor storage spaces shall be limited to two hundred (200), as stated in the application materials. 5. The existing and proposed landscape and screening shall be maintained, in accordance with the approved Landscape, Screening and Maintenance Plan. 6. The outdoor storage area shall be maintained in accordance with the approved Property Maintenance Plan. 7. All vehicles located within the storage area must be operational with current license plates and tags. No derelict vehicles, as defined in Section 23-1-90 of the Weld County Code, shall be stored on the site. 8. There shall be no storage of commercial and/or industrial vehicles, equipment, materials or hazardous wastes. 9. 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. 10. 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. 11. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. 12. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. 13. 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. 2019-4982 PL2724 DEVELOPMENT STANDARDS (USR19-0049) - NATHAN TROWBRIDGE AND GROVES FARM, LLC PAGE 2 14. The property owner shall comply with all requirements provided in the executed Improvements Agreement. 15. The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit and possible updates. 16. The historical flow patterns and runoff amounts on the site will be maintained. 17. 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. 18. 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. 19. 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. 20. 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. 21. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to On -site Waste Water Treatment Systems. 22. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. 23. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times. For ten (10) or less customers or visitors 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. 24. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 25. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the approved Lighting Plan and Dark Sky Policy. 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. 2019-4982 PL2724 DEVELOPMENT STANDARDS (USR19-0049) - NATHAN TROWBRIDGE AND GROVES FARM, LLC PAGE 3 26. Building Permits may be required for any new construction or set up manufactured structure, per Section 29-3-10 of the Weld County Code. A Building Permit application must be completed and submitted. Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently, the following have been adopted by Weld County: 2018 International 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. 27. 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. 28. 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. 29. 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. 30. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under Title 34, of the Colorado Revised Statutes, minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and persons moving into these areas must recognize the various impacts associated with this development. Oftentimes, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 31. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the Weld County Code, shall be placed on the map and recognized at all times. 2019-4982 PL2724 Hello