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RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR19-0051, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY
USE OR USE BY SPECIAL REVIEW PERMIT IN THE COMMERCIAL OR INDUSTRIAL
ZONE DISTRICTS (OFFICES IN EXISTING RESIDENCE AND LIMITED PARKING AND
STORAGE OF EQUIPMENT FOR AN UNDERGROUND PIPELINE INSTALLATION,
EARTHMOVING AND STREAM/CREEK EXCAVATION COMPANY) IN THE
A (AGRICULTURAL) ZONE DISTRICT - ALYSON CARNEY, C/O AB
UNDERGROUND, 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 6th day of
November, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Alyson Carney, 10511 CR 41 Ft. Lupton, Colorado 80621, do AB
Underground, LLC, 21269 CR 47, LaSalle, Colorado 80645, for a Site Specific Development Plan
and Use by Special Review Permit, USR19-0051, for a Use Permitted as a Use by Right,
Accessory Use or Use by Special Review Permit in the Commercial or Industrial Zone Districts
(offices in existing residence and limited parking and storage of equipment for an underground
pipeline installation, earthmoving and stream/creek excavation company) in the A (Agricultural)
Zone District, on the following described real estate, being more particularly described as follows:
Lot A of Recorded Exemption, RE -4628; being part
of the SE1/4 of Section 14, Township 4 North, Range
65 West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was present, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the application for Use by Special Review Permit, USR19-0051, 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, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
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A. Section 23-2-230.6.1 — The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20.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 an area that
can support such development and should attempt to be compatible
with the region. "The site is north of and adjacent to an existing USR
(USR18-0025, semi -struck parking for a water hauling business
and storage of fuel) that is screened by existing vegetation. A
Screening Plan is required to screen the parking and staging area
from adjacent properties.
2) Section 22-2-50.1.5 (A. Policy 9.5) states: "Applications fora change
of land use in the agricultural areas should be reviewed in
accordance with all potential impacts to surrounding properties and
referral agencies." The proposed Use is an area that includes
screening requirements, limits on number of on -site employees and
limits on the number of vehicles and amount of equipment to be
parked onsite. The Conditions of Approval and Development
Standards will assist in mitigating the impacts of the facility on the
adjacent properties and ensure compatibility with surrounding land
uses and the region.
B. Section 23-2-230.6.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-40.S delineates any Use permitted as a Use by Right,
an Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (offices in an existing residence and limited
parking and storage of equipment for an underground pipeline
installation, earthmoving and stream/creek excavation company)
provided that the property is not a lot in an approved or recorded
subdivision plat or part of a map or plan filed prior to adoption of
any regulations controlling subdivisions as a Use by Special Review
in the A (Agricultural) Zone District.
2) Section 23-3-10 — Intent, states, in part: "The A (Agricultural) Zone
District is also intended to provide areas for the conduct of uses by
Special Review which have been determined to be more intense or
to have a potentially greater impact than uses Allowed by Right"
The attached Conditions of Approval and Development Standards
will adequately mitigate the impacts of the proposed use on the
surrounding area. Limits the number of vehicles are attached to
address the impacts related to this Use.
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C. Section 23-2-230.6.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The property borders an existing
commercial use to the south (USR18-0025, semi -struck parking for a water
hauling business), two (2) existing single-family residences are located to
the northeast and southeast, and irrigated cropland is located to the west.
No phone calls and/or correspondence was received from surrounding
property owners regarding this case. The Conditions of Approval require a
Screening Plan and limits on the number of vehicles and equipment, which
will assist in mitigating the impacts of the facility on the adjacent properties
and ensure compatibility with surrounding land uses and the region.
D. Section 23-2-230.B.4 — The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
existing zoning, and with the future development, as projected by
Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is not located within a three (3) mile referral area of
any municipality, nor is it located within any existing Intergovernmental
Agreement Area (IGA) of a municipality.
E. Section 23-2-230.6.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The property is not within the
Geologic Hazard Overlay District or a Special Flood Hazard Area. The
property is located within the Airport Overlay District. Building Permits
issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee, County Facility Fee, and Drainage Impact
Fee Programs.
F. Section 23-2-230.6.6 — The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The proposed facility is located on approximately 5.69 acres as
"Prime" and "Irrigated Land Non -Prime," per the 1979 Soil Conservation
Service Important Farmlands of Weld County Map. This lot is a recorded
exemption lot. This lot was split off from a 17 -acre parcel originally divided
from a larger irrigated cropland parcel to the west in 1992, under case
number RE -1426. The site is not currently in crop 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 Alyson Carney, do AB Underground, LLC, for a Site
Specific Development Plan and Use by Special Review Permit, USR19-0051, for a Use Permitted
as a Use by Right, Accessory Use or Use by Special Review Permit in the Commercial or
Industrial Zone Districts (offices in existing residence and limited parking and storage of
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equipment for an underground pipeline installation, earthmoving and stream/creek excavation
company) 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. As the existing On -site Wastewater Treatment System (OWTS) for the
residence (G19920184) will be utilized for business use, the OWTS shall
be reviewed by a Colorado registered professional engineer to determine
sizing limitations. The review shall consist of observation of the system and
a technical review describing the system's ability to handle the proposed
use. The review shall be submitted to the Environmental Health Services
Division of the Weld County Department of Public Health and Environment.
In the event the system is found to be inadequately sized for the proposed
use, the system shall be brought into compliance with current OWTS
regulations.
B. The applicant shall submit a Screening Plan that screens the defined
storage and staging area from the surrounding property owners and
rights -of -way, for review and approval by the Department of Planning
Services. The site shall be screened by either an opaque wooden and/or
metal fence, vegetative screening, or a combination of fencing and
vegetation. If vegetation is proposed, an Irrigation and Maintenance Plan
shall be submitted for review and approval.
C. The applicant shall address the requirements of the Department of Building
Inspection, as stated in the referral dated October 10, 2019. A complete
Change of Use Building Permit shall be submitted to the Department of
Building Inspection.
D. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR19-0051.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall delineate the trash collection areas on the map.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
5) The map shall delineate the approved screening, as delineated in
the Screening Plan.
6) The map shall delineate the lighting, which shall adhere to the Weld
County Code.
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7) 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.
8) The map shall delineate the parking area for the employees and the
storage and staging area.
9) County Road 47 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 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.
10) 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 operation.
11) The applicant shall show and label the approved tracking control on
the site plan.
12) 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.
13) The applicant shall show and label the drainage flow arrows.
14) The applicant shall show and label all recorded easements on the
map by book and page number or reception number and date on
the site plan.
15) The applicant shall indicate the type of right-of-way/easement
specifically on the map and indicate whether it is dedicated, private,
or deeded to provide adequate access to the parcel.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the map the applicant
shall submit a Mylar plat along with all other documentation required as Conditions
of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk
and Recorder by the Department of Planning Services. The plat shall be prepared
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in accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The Mylar plat and additional requirements shall be submitted within one
hundred twenty (120) days from the date of the Board of County Commissioners
Resolution. The applicant shall be responsible for paying the recording fee.
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the plat not be recorded within the required one hundred twenty (120)
days from the date of the Board of County Commissioners Resolution, a $50.00
recording continuance charge shall be added for each additional three (3) month
period.
4. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required prior.
B. The approved tracking control shall be constructed.
5. Prior to Operation:
A. The applicant shall develop an Emergency Action and Safety Plan with the
Office of Emergency Management and the Fire District. The plan shall be
reviewed on an annual basis by the Facility operator, the Fire District and
the Weld County Office of Emergency Management. The applicant shall
submit evidence of acceptance to the Department of Planning Services.
6. The Use by Special Review is not perfected until the Conditions of Approval are
completed and the map is recorded. Activity shall not occur, nor shall any building
or electrical permits be issued on the property, until the Use by Special Review
map is ready to be recorded in the office of the Weld County Clerk and Recorder
or the applicant has been approved for an early release agreement.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 6th day of November, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
W COUNTY, C/ULORADO
ATTEST: ddtAvsj..�C'.(/•0;ok,
Weld County Clerk to the Board
BY�
eouN Clerk to the Boa
rd
Clerk to the Board
DA
ounty Attorney
Date of signature: 1 vac/I'
arbara Kirkme 'er, Chai
Mike Freeman, Pro-Tem
K. James
Steve Moreno
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ALYSON CARNEY, C/O AB UNDERGROUND, LLC
USR19-0051
1. The Site Specific Development Plan and Use by Special Review Permit, USR19-0051, is
for a Use Permitted as a Use by Right, Accessory Use or Use by Special Review Permit
in the Commercial or Industrial Zone Districts (offices in existing residence and limited
parking and storage of equipment for an underground pipeline installation, earthmoving
and stream/creek excavation company) in the A (Agricultural) Zone District, subject to the
Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The number of on -site employees shall be up to six (6).
4. Vehicle and equipment storage will be confined to the defined storage and staging area.
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 landscaping and screening on the site shall be maintained in accordance with the
approved Screening Plan.
8. This site is located within the Airport Overlay District.
9. 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.
10. 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.
11. 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.
12. 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.
13. Adequate drinking, handwashing, and toilet facilities shall be provided for employees and
the public, at all times. Any septic system located on the property must comply with all
provisions of the Weld County Code, pertaining to On -site Wastewater Treatment
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UNDERGROUND, LLC
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Systems. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
14. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges
in accordance with the Rules and Regulations of the Water Quality Control Commission,
and the Environmental Protection Agency.
15. All chemicals must be handled in a safe manner in accordance with product labeling. All
chemicals must be stored secure, on an impervious surface, and in accordance with
manufacturer's recommendations.
16. The facility shall comply with all provisions of the State Underground and Above Ground
Storage Tank Regulations.
17. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
18. 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.
19. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
20. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
21. 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.
22. The historical flow patterns and run-off amounts on the site will be maintained.
23. Weld County is not responsible for the maintenance of on -site drainage related features.
24. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties. Sources of light should not cause a nuisance or interfere with the use on the
adjacent properties in accordance with the map. Neither the direct, nor reflected, light from
any light source may create a traffic hazard to operators of motor vehicles on public or
private streets. No colored lights may be used which may be confused with, or construed
as, traffic control devices.
25. 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
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County Code. A plan review shall be approved, and a permit must be issued prior to the
start of construction.
26. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
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 hereonand 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. 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.
30. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
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