HomeMy WebLinkAbout20192091.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR19-0021, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY
USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (VEHICLE SALES ESTABLISHMENT) 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 ENTRUST GROUP, INC., FBO JOHN CHARLES SCHRECKENGAST ROTH IRA
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 12th day of
June, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of The Entrust Group, Inc., 555 12th St., Suite 900, Oakland, California 94607,
FBO, John Charles Schreckengast Roth IRA, 301 Las Lomas St., Brighton, Colorado 80601, for
a Site Specific Development Plan and Use by Special Review Permit, USR19-0021, for a Use
permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (vehicle sales establishment) 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:
Part of the NW1/4 SW1/4, lying west of the Union
Pacific Railroad Right -of -Way in Section 29,
Township 1 North, Range 66 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Steve Testerman, 36869
Marlin Court, Elizabeth, Colorado 80107, 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 23-2-230.6 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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2019-2091
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SPECIAL REVIEW PERMIT (USR19-0021) - THE ENTRUST GROUP, INC., FBO. JOHN
CHARLES SCHRECKENGAST ROTH IRA
PAGE 2
1) Section 22-2-20.G.2 (A.Policy 7.2) states: "Conversion of
agricultural land to nonurban residential, commercial and industrial
uses should be accommodated when the subject site is in an area
that can support such development and should attempt to be
compatible with the region."
2) Section 22-2-20.G.3 (A.Policy 7.3) states: "Conversion of
agricultural land to urban residential, commercial and industrial
uses should be considered when the subject site is located inside
an Intergovernmental Agreement area, Urban Growth Boundary
area, Regional Urbanization Area or Urban Development Nodes, or
where adequate services are currently available or reasonably
obtainable. A municipality's adopted comprehensive plan should be
considered but should not determine the appropriateness of such
conversion." The proposed Use is in an area that can support this
development, as it is adjacent to the City of Brighton and
surrounded on all sides by industrial uses. 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. A Vehicle Sales Establishment is
permitted in the A (Agricultural) Zone District under Section 23-3-40.S, with
an approved Use by Special Review permit. Proposed industrial uses are
considered compatible in this zone if they are located in close proximity to
existing industrial uses and are adequately buffered from residences.
There are no residences in the vicinity of the site.
C. Section 23-2-230.6.3 —The uses which will be permitted, will be compatible
with the existing surrounding land uses. The site is surrounded by industrial
uses on all sides. Some industrially -used properties have been annexed
into the City of Brighton, and some are still in the unincorporated area,
zoned 1-3 (Industrial) or A (Agricultural). All surrounding properties not
annexed into the City of Brighton in the A (Agricultural) Zone District, have
Use by Special Review permits for industrial activities.
D. Section 23-2-230.6.4 — The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
existing zoning, and with the future development, as projected by
Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is located within the three (3) mile referral area of
the Cities of Brighton and Fort Lupton. The City of Fort Lupton, in their
Notice of Inquiry (NOI) comment, submitted with the application, indicated
no concerns. The City of Brighton did not return a referral response;
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SPECIAL REVIEW PERMIT (USR19-0021) - THE ENTRUST GROUP, INC., FBO JOHN
CHARLES SCHRECKENGAST ROTH IRA
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however, several emails were exchanged in which the City agreed to allow
the applicant to place fencing twenty (20) feet from the edge of pavement.
In conjunction with this application, the applicant applied for a variance from
the required minimum setback of twenty (20) feet from the west property
line, required per Section 23-3-50.B of the Weld County Code and the
offset from the east property line, required per Section 23-3-50.C of the
Weld County Code, as follows: The property contains a non -conforming
structure built in 1924 (NCU19-0001) historically known as "the Cypress".
The structure is set back from the edge of pavement of County Road 27 by
4.6 feet and is offset by 3.2 feet from the east property line. The variance,
if approved, will not affect the non -conforming status of this structure. If this
building was ever damaged more than fifty percent (50%) of the value, it
would need to be rebuilt to conform to the requirements set forth in the
variance.
E. Section 23-2-230.6.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The site is not located in a
floodplain, geohazard area, or 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 0.5 acres "Prime
(Irrigated)," per the 1979 Soil Conservation Service Important Farmlands
of Weld County Map, however this is in a highly developed, industrial
location and no agricultural land will be taken out of production.
G. Section 23-2-230.B.7 — The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards can ensure
that there are adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of The Entrust Group, Inc., FBO, John Charles
Schreckengast Roth IRA, for a Site Specific Development Plan and Use by Special Review
Permit, USR19-0021, for a Use permitted as a Use by Right, Accessory Use, or Use by Special
Review in the Commercial or Industrial Zone Districts (vehicle sales establishment) 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:
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SPECIAL REVIEW PERMIT (USR19-0021) - THE ENTRUST GROUP, INC., FBO JOHN
CHARLES SCHRECKENGAST ROTH IRA
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1. Prior to recording the map:
A. The plat shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR19-0021.
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 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.
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) The map shall delineate the parking area for the vendors,
customers and/or employees.
8) The map shall delineate twenty (20) feet from the edge of pavement
for County Road 27 for the setback requested by the City of
Brighton for future development and placement of fencing.
9) This portion of County Road 27 (North Main Street) is under the
jurisdiction of the City of Brighton. The applicant shall contact the
municipality to verify the right-of-way. The applicant shall show and
label the right-of-way and the approved access(es) on the site plan
with the approved access permit number, if applicable. The
applicant shall show the existing and future right-of-way for North
Main Street.
10) 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.
11) The applicant shall show and label the drainage flow arrows.
12) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
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CHARLES SCHRECKENGAST ROTH IRA
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2. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) paper copy, or one (1) electronic copy (.pdf), 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)
days from the date of the Board of County Commissioners Resolution, a $50.00
recording continuance charge shall be added for each additional three (3) month
period.
4. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable format is a projected ESRI
shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983
UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS
0501 (US Feet)....etc.). This digital file may be sent to maps(c�co.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.
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
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.
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SPECIAL REVIEW PERMIT (USR19-0021) - THE ENTRUST GROUP, INC., FBO, JOHN
CHARLES SCHRECKENGAST ROTH IRA
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 12th day of June, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
W COUNTY, COLfJRADO
ATTEST: datitjo 411,.:0;64
Weld County Clerk to the Board
=t
Board
APPROVED AS TO FORM
Tcrt rA
/k a. County Attorney
Date of signature: D
arbara Kirkmeyer,/Chair
Sean P. Conway
Mike Freeman, Pro -Tern
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
THE ENTRUST GROUP, INC.,
FBO JOHN CHARLES SCHRECKENGAST ROTH IRA
USR19-0021
1. The Site Specific Development Plan and Use by Special Review Permit, USR19-0021, is
for a Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (vehicle sales establishment) 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, 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 are 9:00 a.m. - 6:00 p.m., Monday — Saturday.
4. The number of full-time, on -site employees shall be up to six (6).
5. The parking area on the site shall be maintained.
6. The existing, viable landscaping shall be maintained.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Onsite Wastewater Treatment Systems.
13. Adequate drinking, handwashing and toilet facilities shall be provided for employees, at
all times. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
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DEVELOPMENT STANDARDS (USR19-0021) -THE ENTRUST GROUP, INC., FBO JOHN
CHARLES SCHRECKENGAST ROTH IRA
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14. In the event the facility's water system serves more 25 persons on a daily basis, the water
system shall comply with the Colorado Primary Drinking Water Regulations
(5 CCR 1003-1). If not subject to these requirements, the Weld County Department of
Public Health and Environment strongly encourages well users to test their drinking water
prior to consumption and periodically thereafter.
15. For ten (10) or less customers or visitors per day and two (2) or less full-time employees,
portable toilets and bottled water are acceptable for the office. 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, shall contain hand
sanitizers, and be screened from public view.
16. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions
Permit Application and obtain a permit from the Air Pollution Control Division of the
Colorado Department of Public Health and Environment, as applicable.
17. 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.
18. Process wastewater (such as floor drain wastes) shall be captured in a watertight vault
and hauled off for proper disposal. Records of installation, maintenance, and proper
disposal shall be retained.
19. The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone as delineated in C.R.S. §25-12-103.
20. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
21. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan. Neither the direct, nor reflected, light from any light
source may create a traffic hazard to operators of motor vehicles on public or private
streets. No colored lights may be used which may be confused with, or construed as,
traffic control devices.
22. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Article I and II, of the Weld County Code.
23. There is a U.S. Highway 85 Access Control Plan, including potential future closures of
Railroad crossings that may impact the operation of this Use by Special Review.
24. The historical flow patterns and runoff amounts on the site will be maintained.
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DEVELOPMENT STANDARDS (USR19-0021) - THE ENTRUST GROUP, INC., FBO JOHN
CHARLES SCHRECKENGAST ROTH IRA
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25. Weld County is not responsible for the maintenance of onsite drainage related features.
26. Building permits may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2018 International Codes,
2006 International Energy Code, and 2017 National Electrical Code. A Building Permit
Application must be completed and two (2) complete sets of engineered plans bearing the
wet stamp of a Colorado registered architect or engineer must be submitted for review. A
Geotechnical Engineering Report performed by a Colorado registered engineer shall be
required or an Open Hole Inspection.
27. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
28. 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.
29. 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.
30. 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.
31. 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.
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DEVELOPMENT STANDARDS (USR19-0021) - THE ENTRUST GROUP, INC., FBO JOHN
CHARLES SCHRECKENGAST ROTH IRA
PAGE 4
32. 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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