HomeMy WebLinkAbout20181042.tiffRESOLUTION
RE:
APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPEC
PERMIT, USR17-0044, FOR A USE PERMITTED AS A USE BY RIGHT
RCIAL OR IND,�
F TRUCK
SS) PR
RDE
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TU-
USE, OR USE BY SPECIAL REVIEW IN THE
DISTRICTS (COMMERCIAL PARKING AND
EQUIPMENT FOR A GAS LINE INSTALL
PROPERTY IS NOT A LOT IN AN APPR
OR PART OF A MAP OR PLAN FILED PRIOR T
CONTROLLING SUBDIVISIONS I THE A (AG
KYLE KEMPEMA
L REVIEW
CCESSORY
STRIAL ZONE
TRAILERS AND
VIDED THAT THE
SUBDIVISION PLAT
ANY REGULATIONS
L) ZONE DISTRICT -
WHEREAS, the Board of County Commission. of W- d County, Colorado, pursuant to
Colorado statute and the Weld Count - - u e art= , is vested with the authority of
administering the affairs of Weld County, C rado, and
WHEREAS, the Board of Cou
March, 2018, at the hour of 10:00 a.m., i
the application of Kyle Ke ma, 2770 E
Development Plan and Us b Special Rev'
Use by Right, Accessory e, or Use
Districts (commercial park g and
installation business) provid that th
plat or part of a m or plan pr r
the A (Agricultural Zone strict the
reviewed
to allow tI'e ap
to A� it 3 2018,
Commissioner
he Chamb
t 18th
wP
Speci
age o
rope
to
f•
held a public hearing on the 7th day of
s of the Board for the purpose of hearing
t., Greeley, CO 80631, for a Site Specific
rmit, USR17-0044, for a Use permitted as a
Review in the Commercial or Industrial Zone
trucks, trailers and equipment for a gas line
y is not a lot in an approved or recorded subdivision
option of any regulations controlling subdivisions in
owing described real estate, to -wit:
he SW /4 of Section 11, Township 5 North,
65 est of the 6th P.M., Weld County,
do
oar• heard all of the testimony and statements of those present and
the =pplicant, and continued the matter to April 18, 2018, at 10:00 a.m.,
de • ate time to present to Planning Commission, which was rescheduled
o ack of Planning Commission quorum on February 20, 2018, and
E April 18, 2018, the Board heard all of the testimony and statements of
those're --nt and %ue to scheduling conflicts, again continued the matter to Monday, April 23,
2018, at 9: • s a. ; ., at which time the Board deemed it appropriate to continue the matter to
Wednesday, M -- 2, 2018, at 10:00 a.m., to allow for a full quorum of the Board, and
WHE'° EAS, on May 2, 2018, the applicant was present, and
W ., EREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Us= •y Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
state ents of those present, studied the request of the applicant and the recommendation of the
Wel• 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:
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2018-1042
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SPECIAL REVIEW PERMIT (USR17-0044) — KYLE KEMPEMA
PAGE 2
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.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." The subject site is an area which is
already developed and the proposed use is compatible with the
surrounding properties. The property contains a residence which is
congruent with surrounding properties. Screening should include an
opaque fence on the north, east and west to reduce the commercial
impact to the area. Productive agricultural activities are not readily
supported in this area because of the small lot size and mix of
residential and commercial uses.
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." There is currently water and septic
service provided to the property. The City of Greeley provides water
service to the property (Account #063-770388-01). There is an
existing septic system, Permit #G19919006, for the existing home
(2770 East 18th Street) and is sized for three (3) bedrooms. 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 at the site.
B. Section 23-2-230.6.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-10 - Intent, of the Weld County Code states: "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 — Uses by Special Review, of the Weld County
Code 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."
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SPECIAL REVIEW PERMIT (USR17-0044) - KYLE KEMPEMA
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C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The use and size of the other lots
around the subject site are primarily residential and parcels range between
0.5 and 40 acres in size. There is a large mix of property types east of
Greeley including Union Colony Subdivision lots, recorded exemption lots
and metes and bounds parcels. There are five residences within 200 feet
of the subject lot. The closest residence is approximately 10 feet from the
subject property. The adjacent lots are zoned Agricultural; however, further
to the west, there are a diverse mix of zone districts including Agricultural,
Residential, Commercial and Industrial, specifically, A, R-1, R-3, C-1, C-2,
C-3, I-1, and 1-2. The proposed use will create an additional commercial
impact to the neighborhood; however, proper screening, operation and
drainage management will mitigate these potential impacts. The business
will complement the surrounding land uses and is not out of character with
this of the area of Weld County. There are numerous Use by Special
Review Permits issued within one mile of the site. USR14-0023 is for a
mineral resource development facility and is located approximately
0.3 miles to the northwest. USR-832, USR-665 and USR16-0009 are all for
oil and gas production facilities and are located approximately 0.3, 0.6 and
0.7 miles to the southwest. SUP -476 is for trailer sales and is located
approximately 0.35 miles to the east. USR-938 is for a roping arena located
0.4 miles to the northeast. AMSUP-345 is for gravel mining and is located
approximately 0.7 miles to the northwest. USR-926 is for recreational
vehicle storage located approximately 0.95 miles to the northwest. The
Weld County Department of Planning Services did not receive any
responses from surrounding property owners regarding the proposed
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
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 City of Evans, City of Greeley, Town of Garden City and Town of
Kersey. The Town of Garden City referral response, dated September 5,
2017, indicated no concerns. No responses were received from the City of
Evans, City of Greeley or the Town of Kersey. The site is located within the
Kersey Coordinated Planning Agreement (CPA) area. The Town of Kersey,
responded via email that they did not have concerns with the proposal. 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 site is located in the A -P
(Airport) Overlay District and Airport Critical Flight Zone and the
Greeley -Weld County Airport referral response, dated August 31, 2017,
indicated no concerns. The site is not located in a FEMA regulatory
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SPECIAL REVIEW PERMIT (USR17-0044) — KYLE KEMPEMA
PAGE 4
floodplain, but is in the 500 -year floodplain. The site is not located in the
Geologic Hazard Overlay 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.B.6 -- The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The soil designation for the site is "Other," per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. Due to
the classification given, the proposed USR will not take "Prime (Irrigated)"
Farmland 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 Kyle Kempema, for a Site Specific Development Plan
and Use by Special Review Permit, USR17-0044, for a Use permitted as a Use by Right,
Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts
(commercial parking and storage of trucks, trailers and equipment for a gas line installation
business) 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 Map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR17-0044.
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 show and label the location and layout of the
areas for the storage of trucks and equipment.
5) The applicant shall show and label the location of employee
parking. Parking design shall adhere to Chapter 23, Article IV,
Division I and Appendices 23-A and 23-B of the Weld County Code.
6) The applicant shall show and label the existing landscaping and
screening of the storage area from the existing adjacent home.
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SPECIAL REVIEW PERMIT (USR17-0044) — KYLE KEMPEMA
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7) The applicant shall delineate on the map the trash collection areas.
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 any lighting, including the type
and height, if applicable.
9) The applicant shall show and label the location of existing buildings.
10) 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.
11) Setback radiuses for existing oil and gas tank batteries and
wellheads shall be indicated on the map, per the setback
requirements of 23-3-50.E of the Weld County Code.
12) Show and label all recorded easements and rights -of -way on the
map by book and page number or reception number.
13) The applicant shall show the drainage flow arrows.
14) Show and label the parking and traffic circulation flow arrows
showing how the traffic moves around the property.
15) East 18th Street is a paved road and is designated on the Weld
County Functional Classification Map as a collector road which
requires 80 feet of right-of-way at full buildout. The applicant shall
delineate on the site plan the future and existing right-of-way. All
setbacks shall be measured from the edge of future right-of-way.
This road is maintained by Weld County.
16) Show and label the approved access (AP17-00474), and the
appropriate turning radii (60') on the site plan.
17) Show and label the approved tracking control on the site plan.
18) 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.
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
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SPECIAL REVIEW PERMIT (USR17-0044) — KYLE KEMPEMA
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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. 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 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.
6. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to
on -site construction.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 2nd day of May, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ditdievv• ado:1"k EXCUSED
Weld County Clerk to the Board,
Deputy Clerk to the Bo
6unty Attorney
Date of signature: O( -1J-18
Steve reno, Char
Pro -
m
Barbara Kirkmey
Mike Freeman
2018-1042
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
KYLE KEMPEMA
USR17-0044
1. The Site Specific Development Plan and Use by Special Review Permit, USR17-0044, is
for a Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (commercial parking and storage of trucks, trailers
and equipment for a gas line installation business) 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 are 6:30 a.m. to 6:30 p.m., Monday through Saturday, for the
months of November through February, and daylight hours for the months of March
through October.
4. The number of employees accessing the site shall be twelve (12).
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 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.
8. The access on the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
9. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
10. The historical flow patterns and runoff amounts on the site will be maintained.
11. Weld County is not responsible for the maintenance of on -site drainage related features.
12. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a
manner that protects against surface and groundwater contamination.
13. 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 30-20-100.5, C.R.S.
14. 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
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DEVELOPMENT STANDARDS (USR17-0044) — KYLE KEMPEMA
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conditions. The applicant shall operate in accordance with Chapter 14, Article I, of the
Weld County Code.
15. 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.
16. The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District, as delineated in Section 25-12-103, C.R.S.
17. Adequate drinking, handwashing and toilet facilities shall be provided for employees, at
all times. For employees or contractors on the 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.
18. 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. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
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 complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
23. 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.
24. 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.
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DEVELOPMENT STANDARDS (USR17-0044) — KYLE KEMPEMA
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25. 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.
26. 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.
27. 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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