HomeMy WebLinkAbout20191665RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0128, FOR ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (CONTRACTOR SHOP), 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 - THE
WHEELER 2014 REVOCABLE TRUST, C/O JEREMIAH WHEELER
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 8th day of
May, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of The Wheeler 2014 Revocable Trust, c/o Jeremiah Wheeler, 526 County
Road 17, Brighton, CO 80603, for a Site Specific Development Plan and Use by Special Review
Permit, USR18-0128, for any Use permitted as a Use by Right, Accessory Use or Use by Special
Review in the Commercial or Industrial Zone Districts (contractor shop), 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:
Lot A of Recorded Exemption, RE -3201; being part
of the S1/2 NW1/4 of Section 33, Township 1 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
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SPECIAL REVIEW PERMIT (USR18-0128) - THE WHEELER 2014 REVOCABLE TRUST, C/O
JEREMIAH WHEELER
PAGE 2
1) Section 22-2-20.F.2 (A.Policy 6.2) states: "Support opportunities,
such as but not limited to hobby farming and home businesses, to
supplement family income and reduce living expenses for farm
families and others who prefer a rural lifestyle." The proposal is for
a family -owned and operated business. Though Mr. and Mrs.
Wheeler are now retired, their grown children run the business from
the home. The Wheeler's are still part-owners of the company. The
proposed Use is in an area that can support this development and
the existing screening, the Conditions of Approval, and the
Development Standards will assist in mitigating the impacts of the
facility on the adjacent properties and ensure compatibility with
surrounding land uses and the region.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-10 — 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."
2) Section 23-3-40.S states, in part: "Any use permitted as a Use by
Right, an Accessory Use or a Use by Special Review Permit 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." Contractor shops are allowed as a Use by Right in
the C-3 (Business Commercial) Zone District, per
Section 23-3-230.B.11.
C. Section 23-2-230.6.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent lands consist of
pastures, crops, a reservoir and rural residences. The closest residence is
about 250 feet to the north. There are nine (9) USR permitted within one
(1) mile of the site: SUP -10 (Kennel), USR-1376PV (Landscaping
Business), USR-1494 (Machine & Welding Shop), USR-980 (Meeting Hall),
USR-1077 (24 -inch Pipeline), SUP -192 (Livestock Confinement
Operation), USR12-0022 (Storage), MUSR12-0013 (Mineral Resource
Support Facility), and USR-589AM2 (Natural Gas Facility). The Weld
County Department of Planning Services sent notice to seven (7)
surrounding property owners, but did not receive correspondence from any;
however, the applicant submitted signatures of support from all seven (7)
with the 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
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SPECIAL REVIEW PERMIT (USR18-0128) - THE WHEELER 2014 REVOCABLE TRUST, C/O
JEREMIAH WHEELER
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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 Cities of Brighton, Dacono, Northglenn and Thornton. The Cities of
Dacono, Thornton, and Brighton did not return referral responses. The City
of Northglenn, in their referral response dated December 20, 2019,
indicated that the area was within their 208 Service Area and the proposal
was consistent with their Comprehensive Plan.
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, a Special Flood Hazard Area, MS4 Area
or 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.B.6 -- The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The proposed facility is located on approximately three (3) acres "High
Potential Dry Cropland," per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. The site is not irrigated, and no prime
agricultural land is being taken out of production for this proposal.
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 The Wheeler 2014 Revocable Trust, c/o Jeremiah
Wheeler, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0128,
for any Use permitted as a Use by Right, Accessory Use or Use by Special Review in the
Commercial or Industrial Zone Districts (contractor shop), 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 plat:
A. The plat shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0128.
2) The attached Development Standards.
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SPECIAL REVIEW PERMIT (USR18-0128) - THE WHEELER 2014 REVOCABLE TRUST, C/O
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3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall delineate on the map the trash collection areas.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
5) The map shall delineate the lighting which shall adhere to the Weld
County Code.
6) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code.
7) County Road 17 is a paved 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.
8) The applicant shall show and label the approved access location,
approved access width and the appropriate turning radii (60 feet)
on the site plan. The applicant must obtain an Access Permit in the
approved location prior to operation.
9) The applicant shall show and label the drainage flow arrows.
10) 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), or one (1) paper copy, of the plat for preliminary
approval to the Weld County Department of Planning Services. Upon approval of
the plat 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 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)
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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 mapsco.weld.co.us.
5. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required prior to the start of construction.
6. The Use by Special Review Permit is not perfected until the Conditions of Approval
are completed and the map is recorded. Activity shall not occur, nor shall any
building or electrical permits be issued on the property, until the Use by Special
Review 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 8th day of May, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WEL.D COUNTY, COLQIRADO
ATTEST: dia/44,Weld County Clek to the Board
BY:
Deputy Clerk
/Barbara Kirkmeyer, Chair
Mike Freeman, Pro-Tem
Date of signature: t-21-1'td1
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
THE WHEELER 2014 REVOCABLE TRUST,
C/O JEREMIAH WHEELER
USR18-0128
1. The Site Specific Development Plan and Use by Special Review Permit, USR18-0128, is
for any Use permitted as a Use by Right, Accessory Use or Use by Special Review in the
Commercial or Industrial Zone Districts (contractor shop), 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 number of commercial vehicles shall be limited to twelve (12).
4. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and
23-E of the Weld County Code.
5. 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.
6. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Article I and II, of the Weld County Code.
7 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.
8. The historical flow patterns and runoff amounts on the site will be maintained
9. Weld County is not responsible for the maintenance of on -site drainage related features.
10. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, C.R.S. §30-20-100.5) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
11. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the Solid
Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5.
12. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions. The facility shall operate in accordance with Chapter 14, Article I, of the Weld
County Code.
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DEVELOPMENT STANDARDS (USR18-0128) - THE WHEELER 2014 REVOCABLE TRUST,
0/O JEREMIAH WHEELER
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13. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
The existing well (permit #245188) cannot be used for the business unless it is repermitted
to allow Commercial Use.
14. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Onsite Wastewater Treatment Systems.
15. Adequate handwashing, and toilet facilities shall be provided for employees, at all times.
For employees or contractors on 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 and be screened from public view.
16. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
17. 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.
18. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
19. 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.
20. 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.
21. The property owner or operator shall be responsible for complying with all the foregoing
Development Standards. Noncompliance with any of the foregoing Development
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Standards may be reason for revocation of the Permit by the Board of County
Commissioners.
22. 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.
23. 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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