HomeMy WebLinkAbout20170901.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR17-0003, FOR ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR IN
INDUSTRIAL ZONE DISTRICT (OFFICE AND STORAGE FACILITY FOR A SEED
DEALERSHIP AND INDOOR AND OUTDOOR STORAGE OF RVS, BOATS,
CONSTRUCTION EQUIPMENT, COMMERCIAL VEHICLES, TRAILERS, AND SEMI -
TRUCKS) 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 - GEORGE L. SANDBERG IRREVOCABLE
TRUST, FBO JENNIFER LYNN SANDBERG AND GEORGE L. SANDBERG
IRREVOCABLE TRUST, FBO MICHELLE KAY SANDBERG, C/O WINTER SEED AND
AG SERVICES, 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 12th day of
April, 2017, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Winter Seed and Ag Services, LLC, do Jeff Winter, 17491 County Road 46
La Salle, Colorado 80645, subsequently sold to and held by George L. Sandberg Irrevocable
Trust, FBO Jennifer Lynn Sandberg and George L. Sandberg Irrevocable Trust, FBO Michelle
Kay Sandberg, do Winter Seed and Ag Services, LLC, for a Site Specific Development Plan and
Use by Special Review Permit, USR17-0003, for any Use permitted as a Use by Right, Accessory
Use, or Use by Special Review in the Commercial or Industrial Zone Districts (office and storage
facility for a seed dealership and indoor and outdoor storage of RV's, boats, construction
equipment, commercial vehicles, trailers, and semi -trucks) 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 Recorded Exemption, RECX17-0013; being
part of the SW1/4 of Section 12 Township 4 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant, Jeff Winter, 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:
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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. Section
22-2-20.G (A.Goal 7) states, "County land use regulations should protect
the individual property owner's right to request a land use change." And
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
applicant is requesting a USR for indoor and outdoor storage of RVs, boats,
and trailers, an office, and storage building for a seed dealership. The
application materials state that the storage facility will accept RV's, boats,
cars, trucks, trailers, agricultural equipment, construction equipment,
semi -trucks and semi -trailers for storage. The seed business will store
seeds only; no fertilizers or other agricultural chemicals. The proposed
facility is in an area that can support this development. The Development
Standards and Conditions of Approval 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. Section 23-3-40.S allows for a Site
Specific Development Plan and Use by Special Review Permit for any Use
permitted as a Use by Right, Accessory Use, or Use by Special Review in
the Commercial or Industrial Zone Districts (office and storage facility for a
seed dealership and indoor and outdoor storage of RV's, boats,
construction equipment, commercial vehicles, trailers, and semi -trucks)
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.
C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent lands consists
primarily of pastures and crops. The Union Pacific Railroad (UPRR) is on
the north and west boundary and there is a dairy south of the site (SUP -
31). The closest residence is located on the same parcel as the dairy and
is approximately 550 feet from the site. There are six (6) USRs within one
mile of the site, with about half of them being located west of Highway 85,
and the site is located east of U.S. Highway 85. USR11-0010 for an oil and
gas support and service facility, USR13-0012 for agricultural services,
USR-1053 for seed production, and USR11-0016 for a 12 -inch natural gas
pipeline are located north of the site. The Weld County Department of
Planning Services has not received any correspondence from the
surrounding property owners that object to this USR.
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SPECIAL REVIEW PERMIT (USR17-0003) - GEORGE L. SANDBERG IRREVOCABLE TRUST,
FBO JENNIFER LYNN SANDBERG, AND GEORGE L. SANDBERG, FBO MICHELLE KAY
SANDBERG, C/O WINTER SEED AND AG SERVICES, LLC
PAGE 3
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 Towns of
Gilcrest and LaSalle and the City of Evans. The site is also located within
the Intergovernmental Area (IGA) for the Town of La Salle. The City of
Evans did not respond with any referral agency comments. The Town of
Gilcrest, in the referral agency comments dated February 9, 2017,
indicated no concerns. The Town of La Salle, in the referral comments
dated January 24, 2017, indicated that: "This property is located within the
La Salle Planning Area, along the HWY 85 corridor. It appears from the
map that the applicants are proposing to use a portion of the RR ROW for
outdoor storage. Please consider a requirement to provide
landscaping/screening around the entire perimeter of this activity including
the outdoor storage area within the RR ROW. This site is located at the
southern gateway to the La Salle Planning Area along this important
transportation corridor." The applicant has since remove the outdoor
storage of the RVs in the railroad right-of-way (RR ROW).
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 not in a floodplain.
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 6.94 acres of soils designated as
"Prime (Irrigated)" per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. The proposed USR will take
approximately 6.94 acres of 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 Winter Seed and Ag Services, LLC, c/o Jeff Winter,
subsequently sold to and held by George L. Sandberg Irrevocable Trust, FBO Jennifer Lynn
Sandberg, and George L. Sandberg Irrevocable Trust, FBO Michelle Kay Sandberg, do Winter
Seed and Ag Services, LLC, for a Site Specific Development Plan and Use by Special Review
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SPECIAL REVIEW PERMIT (USR17-0003) - GEORGE L. SANDBERG IRREVOCABLE TRUST,
FBO JENNIFER LYNN SANDBERG, AND GEORGE L. SANDBERG, FBO MICHELLE KAY
SANDBERG, C/O WINTER SEED AND AG SERVICES, LLC
PAGE 4
Permit, USR17-0003, for any Use permitted as a Use by Right, Accessory Use, or Use by Special
Review in the Commercial or Industrial Zone Districts (office and storage facility for a seed
dealership and indoor and outdoor storage of RV's, boats, construction equipment, commercial
vehicles, trailers, and semi -trucks) 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 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. Final Drainage Report and Certification of Compliance stamped and
signed by a Professional Engineer registered in the State of Colorado are
required.
B. The applicant shall record RECX17-0013.
C. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR17-0003.
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 delineate the trash collection areas. Section 23-
3-350.H of the Weld County Code addresses the issue of trash
collection areas.
5) 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.
6) The map shall delineate the screening and landscaping from public
rights -of -way and surrounding property owners.
7) The map shall delineate the lighting, if applicable.
8) County Road 46 is a gravel road and is designated on the Weld
County Road Classification Plan as a local road which requires 60
feet of right-of-way at full buildout. The applicant shall delineate on
the site plan the existing right-of-way. All setbacks shall be
measured from the edge of right-of-way. This road is maintained by
Weld County.
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SPECIAL REVIEW PERMIT (USR17-0003) - GEORGE L. SANDBERG IRREVOCABLE TRUST,
FBO JENNIFER LYNN SANDBERG, AND GEORGE L. SANDBERG, FBO MICHELLE KAY
SANDBERG, C/O WINTER SEED AND AG SERVICES, LLC
PAGE 5
9) Show and label the approved access (AP17-00070), and the
appropriate turning radii (60 feet).
10) Show and label the approved tracking control.
11) Show and label the entrance gate set back a minimum of 100 feet
from edge of shoulder.
12) The applicant shall show and label the accepted drainage features.
Water quality features or stormwater ponds should be labeled as
"Water Quality Feature/Stormwater Detention, No -Build or Storage
Area" and shall include the calculated volume.
13) Add a to the plat which states: "In accordance with the U.S.
Highway 85 Access Control Plan the County Road 35 access to
U.S. Highway 85 may be closed in the future, which could
potentially impact a haul route to the USR 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 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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ATTEST: dat444)
C jde0 ve
Weld County Clerk to the Board
EXCUSED
Sean P. Conway
arbara Kirkmey
Date of signature:
SPECIAL REVIEW PERMIT (USR17-0003) - GEORGE L. SANDBERG IRREVOCABLE TRUST,
FBO JENNIFER LYNN SANDBERG, AND GEORGE L. SANDBERG, FBO MICHELLE KAY
SANDBERG, C/O WINTER SEED AND AG SERVICES, LLC
PAGE 6
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 12th day of April, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COjORADO
(7
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DELBERT AND ROSALIE WERTZ, CIO WINTER SEED AND AG SERVICES, LLC
USR17-0003
1. A Site Specific Development Plan and Use by Special Review Permit, USR17-0003, is for
any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (office and storage facility for a seed dealership
and indoor and outdoor storage of RV's, boats, construction equipment, commercial
vehicles, trailers, and semi -trucks) 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 number of on -site owner -operators shall be four (4).
4 The ketrrs 4
PV Storage and seven (7) days a week -f6:00 a.m.
AP -F' st*to l T#e-seed do alcrship will not have regular office hours other times o
the year.
64. The landscaping/screening on the site shall be maintained.
65. The parking area on the site shall be maintained.
76. 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.
87. No derelict vehicles, as defined in Section 23-1-90 of the Weld County Code, shall be
stored on the site.
98. All vehicles located within the RV storage area must be operational with current license
plates and tags.
1-09. No hazardous materials shall be stored on site.
1410. The property owner shall control noxious weeds on the site.
1-211. The access on the site shall be maintained to mitigate any impacts to the public road,
including damages and/or offsite tracking.
4-312. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
1413. The historical flow patterns and runoff amounts on the site will be maintained.
4-514. Weld County is not responsible for the maintenance of on -site drainage related features.
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DEVELOPMENT STANDARDS (USR17-0003) -WINTER SEED AND AG SERVICES, LLC,
C/O JEFF WINTER
PAGE 2
4615. 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.
X16. 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.
4817. 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.
4918. 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.
2919. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District as delineated in Section 14-9-30 of the Weld County Code.
2420. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Onsite Waste Water Treatment Systems. -pent
--be-provided for dr+ +ag and sanitary purposes.
2221. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
2622. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. For ten (10) or less customers or visitors per 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.
2423. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
2524. 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.
2-625. A building permit may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2012 International Codes;
2006 International Energy Code; 2014 National Electrical Code. A Building Permit
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DEVELOPMENT STANDARDS (USR17-0003) -WINTER SEED AND AG SERVICES, LLC,
C/O JEFF WINTER
PAGE 3
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
Geotechnical Engineering Report performed by a registered State of Colorado engineer
shall be required or an open hole inspection.
2-726. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
2827. 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.
2928. 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.
3929. 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.
3130. 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 person moving into these areas must
recognize the various impacts associated with this development. Often times, 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.
-3231. 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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