HomeMy WebLinkAbout20170923.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR16-0045, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY
USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (OUTDOOR STORAGE OR CONSTRUCTION AND OIL FIELD
EQUIPMENT AND VEHICLES AND A 4,000 -SQUARE -FOOT SHOP/WAREHOUSE)
PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED
SUBDIVISION PLAT OR LOTS PART OF A MAP OR PLAN FILED PRIOR TO
ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE
A (AGRICULTURAL) ZONE DISTRICT - DARREN AND TARYN SHARP
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 Darren and Taryn Sharp, 23777 County Road 52, Greeley, Colorado 80631, for
a Site Specific Development Plan and Use by Special Review Permit, USR16-0045, for a Use
Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (outdoor storage of construction and oil field equipment and vehicles and
a 4,000 -square -foot shop/warehouse) 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, RE -4739, being part
of the NE1/4 SW1/4 of Section 18, Township 5
North, Range 64 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. Section
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SPECIAL REVIEW PERMIT (USR16-0045) - DARREN AND TARYN SHARP
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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 outdoor storage of construction and oil
field equipment and vehicles and a 4,000 -square -foot shop/warehouse.
Two business will rent the site. Each business will occupy 2,000 square
feet of the shop/warehouse and part of the outdoor storage area. Neither
business has office hours or retail sales. The employees will visit the site
for less than three (3) hours a day for pick up and drop off of equipment
and vehicles. The hours of operation are 6:00 a.m. to 9:00 p.m., seven (7)
days a week. Adequate parking is being proposed. There is no existing
landscaping and no new landscaping is proposed. The site will be screened
with a six (6) foot tall metal -panel fence. Any site lighting or signs will need
to comply with the Weld County Code requirements. The subject site is in
an area that can support this development and is compatible with the
region. The Development Standards and the Conditions of Approval for this
proposal will assist in mitigating the impacts of the facility on the adjacent
properties and ensure compatibility with surrounding land uses.
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 a Use
permitted as a Use by Right, Accessory Use, or Use by Special Review in
the Commercial or Industrial Zone Districts (outdoor storage of construction
and oil field equipment and vehicles and a 4,000 -square -foot
shop/warehouse) 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 properties are mainly
utilized for pastures, crops, and rural residences. The properties to the
north, east, and west are cropland. The parcels to the north, east and south
all have rural residences. The closest residence is approximately 60 feet
east of the east property line. There are eight (8) USRs within one (1) mile
of the site. USR-1325 is for a second home, USR-171 is for a dairy,
USR-1435 is for gravel mining and an asphalt plant, MUSR15-0020 is for
a mineral resource development facility, and USR11-0027 is for an
excavation business all located north of the site. USR-517 is for an
agricultural chemical supply business, USR11-0024 is for a non -1041
major facility of a public utility less than ten (10) -inch pipeline, and USR-457
for a dairy located south of the site. The Weld County Department of
Planning Services has received one phone call objecting to this USR from
a surrounding property owner. The caller expressed concerns about traffic
and the intensity of the businesses.
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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 a three (3) mile referral area of the City of Greeley
and the Town of Kersey and within the Town of Kersey's Intergovernmental
Agreement Area (IGA). The City of Greeley responded with referral agency
comments dated December 14, 2016, stating no concerns. The Town of
Kersey did not respond with referral agency comments.
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.
The site is located in the Weld/Greeley Overlay District. Building Permits
issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee, County Facility Fee and Drainage Impact
Fee Programs.
F. Section 23-2-230.B.6 -- The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The proposed facility is located on approximately 26 acres of soils
designated as "Prime" per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. A majority of the site will remain in
agriculture. This USR will take about three (3) 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 Darren and Taryn Sharp, for a Site Specific Development
Plan and Use by Special Review Permit, USR16-0045, for a Use Permitted as a Use by Right,
Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (outdoor
storage of construction and oil field equipment and vehicles and a 4,000 -square -foot
shop/warehouse) 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 USR16-0045.
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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 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 screening.
6) The map shall delineate the lighting.
7) All signs shall be shown on the map.
8) The map shall delineate the parking area.
9) County Road 49.5 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.
10) Show and label the approved access(es) (AP16-00391), and the
appropriate turning radii.
11) Show and label the approved tracking control.
12) Show and label the entrance gate set back a minimum of 100 feet
from edge of shoulder.
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.
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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 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.
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.
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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 April, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLODO
ATTEST: dim, w
Weld County Clerk to the Board
BY' a.
uty Clerk to the Board
AP FROV a AS T
Attorney
Date of signature: 51&Ii1
C
Julie A.
ozad, Chair / J
Steve Moreno, Pro -Tern
EXCUSED
Sean P. Conway
ike Freeman
arbara Kirkmeyer
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DARREN AND TARYN SHARP
USR16-0045
1. A Site Specific Development Plan and Use by Special Review Permit, USR16-0045, is for
Use permitted as Use by Right, Accessory Use, or Use by Special Review in the Commercial
or Industrial Zone Districts (outdoor storage of construction and oil field equipment and
vehicles and a 4,000 -square -foot shop/warehouse) 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 employees shall be seven (7).
4. The hours of operation are 6:00 a.m. to 9:00 p.m., seven (7) days a week.
5. The parking area on the site shall be maintained.
6. The screening on the site 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. 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.
9. The access on the site shall be maintained to mitigate any impacts to the public road,
including damages and/or offsite tracking.
10. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
11. The historical flow patterns and runoff amounts on the site will be maintained.
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.
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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 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, hand washing and toilet facilities shall be provided for employees, at all
times. For employees or contractors on site for less than two (2) consecutive hours a day,
and two (2) or less full time employees on site, portable toilets and bottled water are
acceptable. Records of maintenance and proper disposal for portable toilets shall be
retained on a quarterly basis and available for review by the Weld County Department of
Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in
Weld County and shall contain hand sanitizers.
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. 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.
21. Any vehicle or equipment washing shall adhere to "Low Risk Discharge Guidance:
Discharges From Surface Cosmetic Power Washing Operations To Land July 2010," as
provided by the State.
22. All potentially hazardous 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.
23. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
24. Sources of light shall be shielded so that beams or rays of light will not shine directly onto
adjacent properties. Sources of light should not cause a nuisance or interfere with the use
on the adjacent properties in accordance with the map. Neither the direct, nor reflected, light
from any light source may create a traffic hazard to operators of motor vehicles on public or
private streets. No colored lights may be used which may be confused with, or construed
as, traffic control devices.
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DEVELOPMENT STANDARDS (USR16-0045) - DARREN AND TARYN SHARP
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25. 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; and 2014 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 Geotechnical
Engineering Report performed by a registered State of Colorado engineer shall be required
or an open hole inspection.
26. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
27. 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.
28. 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.
29. 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.
30. 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.
31. 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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