HomeMy WebLinkAbout20190163.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0071, FOR ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (CONSTRUCTION BUSINESS STORAGE YARD FOR
TRUCKS, TRAILERS, PIPE, MATERIALS AND EQUIPMENT) 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 -
JOHN AND ALICE KUERSTEN
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 16th day of
January, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of John and Alice Kuersten, 3954 Heatherwood Circle, Johnstown, Colorado
80534, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0071,
for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (construction business storage yard for trucks, trailers,
pipe, materials and equipment) 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 B of Recorded Exemption, RECX15-0156; being
part of the SW1/4 Section 16, Township 4 North,
Range 66 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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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."Productive agricultural activities are not
readily supported on this parcel because of the small lot size and
lack of irrigation water. Additionally, the site is in a rural area but
has easy access to transportation networks with State Highway 60,
approximately one (1) mile to the west and U.S. Highway 85,
approximately two (2) miles to the east. There is a large feedlot,
one-half (0.5) miles to the north, that makes the area unlikely for
higher density residential development. The commercial Use is
appropriate if the use is screened from adjacent residential and
agricultural uses. Additionally, the subject operation provides a
needed support service to the growing construction and
infrastructure needs of Weld County.
2) Section 22-2-20.H (A.Goal 8) states: "Ensure that adequate
services and facilities are currently available or reasonably
obtainable to accommodate the requested new land use change for
more intensive development." Water and septic service are
provided to the property. A water well (permit No. 267999) provides
water service to the property for future residential purposes. A
septic system is proposed for future residential purposes. No
structures are proposed to be used for the business. The business
will be served by a portable toilet and bottled water will be provided
for employees when they are on the site.
3) Section 22-2-20.H.4 (A. Policy 8.4) states: "The land use applicants
should demonstrate that drainage providing stormwater
management for the proposed land use change is adequate for the
type and style of development and meets the requirements of
county, state and federal rules and regulations." The drainage
narrative was submitted and reviewed by the Department of Public
Works. The site meets exception F.1.a.8 for sites where the
development of the site does not increase the imperviousness of
the site.
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."
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2) Section 23-3-40.S. — states: "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."
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
farmland, rural residences, confined animal feeding operations and
miscellaneous commercial and industrial operations. There are five (5)
properties immediately adjacent to the site; two (2) with residences located
on them. The applicant does not own any other contiguous land. There are
several USRs within one (1) mile of this site. SUP -21, for a feedlot, is
located to the north. SUP -252, for a water recycling plant, is located to the
northeast. MUSR15-0016, for fairgrounds and brewery, is located to the
southeast. USR-1185, for a machine repair shop, is located to the south.
USR-1354, for a gravel mining, is located to the northwest. There are
several USRs beyond the one (1) mile radius, including recreational
facilities, mineral resource development facilities, oil and gas support and
services operations, salvage and sales yards, and industrial office parks.
The Weld County Department of Planning Services sent notice to seven (7)
surrounding property owners within 500 feet of the proposed USR
boundary. Planning staff received five (5) letters in opposition to this USR
referenced as Planning Commission Exhibits No. 1 through 5. Two (2)
letters were received from properties within the 500 -foot notice area and
three (3) letters were received from properties outside the notice area. The
letters outlined concerns with noise, traffic safety, lowering property values,
changing the neighborhood dynamic and incompatibility with the area. The
Improvements Agreement, Conditions of Approval and Development
Standards should adequately address these concerns. Additionally, the
existing berming and fencing around the perimeter of the site and storage
yard visually buffers the operation from surrounding property owners and
the roadways. One hundred percent (100%) of the commercial traffic will
come from the north, from County Road 46, where only one (1) residence
is located. No traffic will come from the south, from County Road 44, where
five (5) residences are located (including the properties in opposition). This
is an effort to reduce impacts to surrounding property owners.
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. This site is located within the three (3) mile referral area of
the City of Evan and Towns of Gilcrest, Milliken, and Platteville. The
Gilcrest and Platteville, referral responses, dated August 14, 2018, and
August 28, 2018, stated no concerns. No responses were received from
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Evans or Milliken. The site is located within the Milliken and Platteville
Coordinated Planning Agreement (CPA) boundaries. As part of the
pre -application process, Milliken and Platteville submitted signed Notice of
Inquiry forms stating that they did not have annexation interest. The site is
not located in a Regional Urbanization Area (RUA) or Urban Growth
Boundary (UGB) of a municipality.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The property is not 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 applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The site contains soils designated as "Prime (Irrigated) - Farmlands of
National Importance." The subject property is not currently used for
agricultural purposes and will not further remove any active farm ground
from production. Due to the small size of the property and being located in
an area that has been thoroughly split by Recorded Exemptions, it is not
suitable for agricultural 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 John and Alice Kuersten, for a Site Specific Development
Plan and Use by Special Review Permit, USR18-0071, for any Use permitted as a Use by Right,
Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts
(construction business storage yard for trucks, trailers, pipe, materials and equipment) provided
that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan
filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone
District, on the parcel of land described above be, and hereby is, granted subject to the following
conditions:
1. Prior to recording the map:
A. The applicant shall address the requirements of the Colorado Division of
Water Resources regarding re -permitting the existing water well
(permit No. #267999), as stated in the referral response dated, July 25,
2018. Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
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B. A 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.
C. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0071.
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 parking areas for commercial
vehicles and employee vehicles.
5) The applicant shall show and label the outdoor storage yard for
equipment and materials.
6) The applicant shall show and label the existing and proposed
screening and berming of the outdoor storage yard.
7) The applicant shall show and label the location of the portable
toilets.
8) The applicant shall show and label the location of the trash
collection areas. Section 23-3-250.A.6 of the Weld County Code
addresses the issue of trash collection areas.
9) If applicable, signs shall be shown on the map and 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) If applicable, the map shall delineate the lighting. All lighting shall
be shielded so that light rays will not shine directly onto adjacent
properties.
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) The applicant shall show and label all recorded easements and
rights -of -way on the map by book and page number or reception
number.
13) County Road 29 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
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delineate the existing right-of-way on the site plan. 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) If applicable, the applicant shall show and label the entrance gate.
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.
16) The applicant shall show the drainage flow arrows.
17) The application 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) paper copy or 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.
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the map not be recorded within the required one hundred
twenty (120) days from the date of the Board of County Commissioners
Resolution, a $50.00 recording continuance charge shall be added for each
additional three (3) month period.
4. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable format is a projected ESRI
shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983
UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS
0501 (US Feet)....etc.).This digital file may be sent to maps@co.weld.co.us.
5. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
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6. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review 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 16th day of January, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, C RADO
ATTEST: (-44teetszt) xy#4.Ok..
Ci
Weld County Clerk to the Board
my A ttorney
Date of signature: I/ZZ/19
rbara Kirkmeyer, hair
Mike Freeman, Pro -Tern
Steve Moreno
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JOHN AND ALICE KUERSTEN
USR18-0071
1. The Site Specific Development Plan and Use by Special Review Permit, USR18-0071, is
for a Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (construction business storage yard for trucks,
trailers, pipe, materials and equipment) provided that the property is not a lot in an
approved or recorded subdivision plat or part of a map or plan filed prior to adoption of
any regulations controlling subdivisions in the A (Agricultural) Zone District.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The hours of operation of the business is 7:00 a.m. to 7:00 p.m., Monday through
Saturday, during which time employees may access the site to pick-up and drop-off,
commercial vehicles, equipment and materials. Commercial vehicles, equipment and
materials will be stored onsite 24 hours a day.
4. The maximum number of external employees shall be up to ten (10).
5. The maximum number of vehicle trips per day shall be twenty (20). All commercial traffic
should be directed to the site from the north on County Road 29 from County Road 46.
6. The construction storage yard and commercial vehicle and employee parking areas on
the site shall be maintained.
7. The site shall be maintained in accordance with the approved Landscape and Screening
Plan.
8. 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.
9. 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.
10. The access on the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
11. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
12. 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.
13. The historical flow patterns and runoff amounts on the site will be maintained.
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14. 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.
15. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the Solid
Wastes Disposal Sites and Facilities Act, Section C.R.S. §30-20-100.5.
16. 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.
17. 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.
18. Adequate drinking, hand washing, and toilet facilities shall be provided for employees, 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 Systems.
19. 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. Portable toilets shall be screened from
adjacent properties.
20. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
The existing well (permit No. 2679999) cannot be used for the business unless it is
re -permitted to allow commercial use.
21. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
22. 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.
23. A building permit may be required, per Section 29-3-10 of the Weld County Code.
Currently the following has 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 complete sets of engineered plans bearing the wet
stamp of a Colorado registered architect or engineer must be submitted for review. A
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Geotechnical Engineering Report performed by a registered State of Colorado Engineer
shall be required or an Open Hole Inspection.
24. 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.
25. 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.
26. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development
Standards may be reason for revocation of the Permit by the Board of County
Commissioners.
27. 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.
28. 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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