HomeMy WebLinkAbout20120184.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR11-0022, FOR A PUBLIC AND QUASI-PUBLIC BUILDING, INCLUDING
ADMINISTRATIVE OFFICES OR MEETING HALLS FOR AGRICULTURAL
ORGANIZATIONS [HOMESTEAD GRANGE #215], IN THE A (AGRICULTURAL)
ZONE DISTRICT - HOMESTEAD GRANGE #215 HALL, INC. (FORMERLY APPLIED
FOR BY HUWA ENTERPRISES)
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 18th day
of January, 2012, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Huwa Enterprises, 5415 County Road 89, Roggen, Colorado 80652,
for a Site Specific Development Plan and Use by Special Review Permit, USR11-0022, for a
Public and Quasi-Public Building, including administrative offices or meeting halls for agricultural
organizations [Homestead Grange #215], in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
Lot A of Recorded Exemption #5103; being part of
the SW1/4 of Section 5, Township 1 North,
Range 61 West of the 6th P.M., Weld County,
Colorado
WHEREAS, pursuant to a Quit Claim Deed, recorded at Reception No. 3810117, dated
December 6, 2011, the property owner and applicant of record is now Homestead Grange #215
Hall, Inc., and
WHEREAS, at said hearing, the applicant was represented by Ann Christen, 43550
State Highway 52, Roggen, Colorado 80652, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall be approved for the following
reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.6 of the Weld County Code as follows:
a. Section 23-2-230.6.1 -- The proposed use is consistent with Chapter 22
and any other applicable Code provisions or ordinance in effect. The
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SPECIAL REVIEW PERMIT (USR11-0022) - HOMESTEAD GRANGE #215 HALL, INC.
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National Grange was started in 1867, and is the nation's oldest national
agricultural organization. It was formed in the years following the
American Civil War to unite private citizens in improving the economic
and social position of the nation's farm population. Homestead Grange
No. 215 was founded in 1913. The hall was built by its members and has
been the meeting place for many dances, showers, meetings, weddings
and community events.
1) Section 22-2-20.B (A.Goal 2) states, "Continue the commitment to
viable agriculture in Weld County through mitigated protection of
established (and potentially expanding) agricultural uses from
other proposed new uses that would hinder the operations of the
agricultural enterprises." Section 22-2-20.B.2 (A.Policy 2.2)
states, "Allow commercial and industrial uses, which are directly
related to, or dependent upon, agriculture, to locate within
agricultural areas when the impact to surrounding properties is
minimal, or mitigated, and where adequate services and
infrastructure are currently available or reasonably obtainable.
These commercial and industrial uses should be encouraged to
locate in areas that minimize the removal of agricultural land from
production." 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."Section 22-2-20.G.1 (A.Policy 7.1)
states, "County land use regulations should support commercial
and industrial uses that are directly related to, or dependent upon,
agriculture, to locate within the agricultural areas, when the impact
to surrounding properties is minimal, or can be mitigated, and
where adequate services are currently available or reasonably
obtainable."
b. Section 23-2-230.8.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.E allows for Public and
Quasi-Public buildings including: Administrative offices or meeting halls
for agricultural organizations as a Use by Special Review in the
A (Agricultural) Zone District.
c. Section 23-2-230.6.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The surrounding land
uses include a variety of agricultural activities, including irrigated and
dryland farming operations. There are limited farmsteads with associated
housing stock in the general area. The proposed Grange Hall site is
approximately five (5) miles east to Morgan County and nine (9) miles
west to Prospect Valley. The Town of Keenesburg is approximately
sixteen (16) miles to the northwest.
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
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SPECIAL REVIEW PERMIT (USR11-0022) - HOMESTEAD GRANGE #215 HALL, INC.
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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 facility is not within the three-mile referral areas for a
municipality.
e. Section 23-2-230.6.5 -- The site does not lie within any Overlay Districts.
The site is not within the Airport, Flood Hazard, or Geologic Hazard
Overlay Districts. Effective April 25, 2011, building permits issued on the
proposed lot will be required to adhere to the fee structure of the
County-Wide Road Impact Fee Program. Effective April 25, 2011,
building permits issued on the proposed lot will be required to adhere to
the fee structure of the 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 for the proposed use. The U.S.D.A.
Soils Maps of Prime Farmlands of Weld County, dated 1979, indicate that
the soils on this property are classified as "Prime"; however, there is no
irrigation water associated with the parcel, as it is a "dry corner." Given
that the 2.5-acre net parcel is a non-farmed piece of land, the applicant is
utilizing the property for the highest and best use.
g. Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240 of the
Weld County Code), Operation Standards (Section 23-2-250 of the Weld
County Code), Conditions of Approval, and Development Standards
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 Homestead Grange #215 Hall, Inc., for a Site
Specific Development Plan and Use by Special Review Permit, USR11-0022, for a Public and
Quasi-Public Building, including administrative offices or meeting halls for agricultural
organizations, 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 plat:
A. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR11-0022.
2) The plat shall be prepared, per Section 23-2-260.D of the Weld
County Code.
3) The attached Development Standards.
4) State Highway 52 is a two-lane paved roadway, which requires a
150-foot right-of-way at full buildout. There is presently sixty feet
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SPECIAL REVIEW PERMIT (USR11-0022) - HOMESTEAD GRANGE#215 HALL, INC.
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of right-of-way. A total of 75 feet from the centerline of State
Highway 52 shall be delineated on the plat. This road is
maintained by the Colorado Department of Transportation
(CDOT).
5) Label the Access Permit Number, CDOT Permit No. 411034.
6) The applicant shall delineate the location of the Stop sign at the
point of ingress/egress onto State Highway 52.
7) The screened trash enclosure for the facility.
8) The location of the Facility Sign.
9) The applicant shall delineate each parking space and show
dimensions for parking spaces and drive aisles. The parking
spaces shall be equipped with wheel guards, or curb blocks when
necessary, to prevent vehicles from extending beyond the
boundary of the space and from coming into contact with other
vehicles, walls, fences, or plantings.
10) The applicant shall delineate the water quality feature on the plat
and label it as "Water Quality— No Build or Storage Area".
B. Huwa Enterprises, do Brent Huwa, 5415 County Road 89, Roggen,
Colorado 80652, shall record a Deed for Lot A of Recorded Exemption
#5103; being part of the SW1/4 of Section 5, Township 1 North, Range 61
West of the 6th P.M. Weld County, Colorado, to Homestead Grange
No. 215, aka The Homestead Grange, Inc., of Weld County Colorado.
2. One Month Prior to Construction Activities:
A. A Stormwater Discharge Permit may be required for a development/
construction site where a contiguous or non-contiguous land disturbance
is greater than, or equal to, one (1) acre in area. The applicant shall
contact the Colorado Department of Public Health and Environment,
Water Quality Control Division, at www.cdphe.state.co.us/wq/PermitsUnit,
for application more information.
3. Prior to the Release of Building Permits:
A. A Certificate of Occupancy is required to be obtained before the proposed
use of the building is occupied.
B. An application and building permit is required for each structure that is
constructed. A plan review is required for each building or structure for
which a building permit is required. Two complete sets of plans are
required when applying for each permit. The applicant shall include a
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Code Analysis Data Sheet for the Weld County Department of Building
Inspection for each structure that requires a permit. Submittal plans shall
include a floor plan showing the specific uses of each area for the
building. Plans shall bear the wet stamp of a Colorado licensed architect
or engineer.
C. Buildings shall conform to the requirements of the various codes adopted
at the time of permit application. Currently the following have been
adopted by Weld County: 2006 International Building Code, 2011
National Electrical Code, 2006 International Mechanical Code, 2006
International Plumbing Code, 2006 International Energy Code, 2006
International Fuel Gas Code, 2003 ANSI 117.1 Accessibility Code, and
Chapter 29 of the Weld County Code.
D. All building plans shall be submitted to the Southeast Weld Fire
Protection District, for review and approval, prior to issuance of building
permits.
E. A building permit shall be obtained prior to the construction of any new
building.
F. Building height shall be measured in accordance with the 2006
International Building Code for the purpose of determining the maximum
building size and height for various uses and types of construction and to
determine compliance with the Bulk Requirements from Chapter 23 of the
Weld County Code. Building height shall be measured in accordance
with Chapter 23 of the Weld County Code in order to determine
compliance with offset and setback requirements. Offset and setback
requirements are measured to the farthest projection from the building.
4. Prior to the issuance of a Temporary Certificate of Occupancy or the Certificate
of Occupancy:
A. An individual sewage disposal system is required for the proposed facility
and shall be installed according to the Weld County Individual Sewage
Disposal System (I.S.D.S.) Regulations. Septic Permit SP-1100070 must
receive final approval from the Weld County Environmental Health
Services Division.
B. The applicant shall submit evidence of an Underground Injection Control
(UIC) Class V Injection Well Permit from the Environmental Protection
Agency (EPA) for any large-capacity septic system (a septic system with
the capacity to serve 20 or more persons per day). Alternately, the
applicant may provide evidence from the EPA that they are not subject to
the EPA Class V requirements.
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5. Upon completion of Condition of Approval #1 above, the applicant shall submit a
Mylar plat, along with all other documentation required as Conditions of Approval.
The Mylar plat shall be recorded in the office of the Weld County Clerk and
Recorder by the Department of Planning Services. The plat shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The Mylar plat and additional requirements shall be submitted within one
hundred eighty (180) days from the date of the Board of County Commissioners
Resolution. The applicant shall be responsible for paying the recording fee.
6. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or
ArcGIS Personal GeoDataBase (MDB). The preferred format for Images is .tif
(Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps@co.weld.co.us.
7. In accordance with Weld County Code Ordinance #2005-7, approved June 1,
2005, should the plat not be recorded within the required one hundred eighty
(180) 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.
8. 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of January, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: _ �
C
Sean P. C9nw y, Chair
Weld County Clerk to the Board
� -�
EL
• � IL4' 7F. Garbia, Pro-Te
BY: �L%4i �. � f ♦• ® -
Deputy Cl-,t to the Board J .! I _,l�`?4O'
bara Kirkmeyer
APPt7OV D RM: Ouol � u\I ,„L
David'E-:Lon
�l C unty A torney (c.Otin/
Douglab Radem cher
Date of signature: /-p?D^/aZ
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
HOMESTEAD GRANGE #215 HALL, INC.
USR11-0022
1. The Site Specific Development Plan and Use by Special Review Permit, USR11-0022, is
for a Public and Quasi-Public Building, including Administrative Offices or Meeting Halls
for Agricultural Organizations [Homestead Grange No. 2151, in the A (Agricultural) Zone
District, as indicated in the application materials on file and 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. 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.
4. 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.
5. 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.
6. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
7. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The
facility shall be operated in accordance with the approved Dust Abatement Plan, at all
times.
8. This facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone District, as delineated in Section 14-9-30 of the Weld County Code.
9. Adequate drinking, hand washing, and toilet facilities shall be provided for employees
(volunteers) and patrons of the facility, at all times.
10. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
11. Adequate toilet facilities (portable toilets) and hand washing units shall be provided
during the construction of the facility.
12. In the event the facility's water system serves more than 25 persons on a daily basis, the
water system shall comply with the Colorado Primary Drinking Water Regulations
(5 CCR 1003-1). Evidence shall be provided to the Weld County Department of Public
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DEVELOPMENT STANDARDS (USR11-0022) - HOMESTEAD GRANGE #215 HALL, INC.
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Health and Environment that the system complies with the Regulations (25 people per
day over a 60-day period).
13. Bottled water shall be utilized for drinking during construction of the project.
14. The applicant shall comply with Colorado Retail Food Establishment Rules and
Regulations governing the regulation of food service establishments.
15. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
16. This application is proposing a well(s) as its source of water. The applicant shall be
made aware that while they may be able to obtain a well permit from the Office of the
State Engineer, Division of Water Resources, the quantity of water available for usage
may be limited to specific uses, i.e. domestic use only, etcetera. Also, the applicant shall
be made aware that groundwater may not meet all drinking water standards, as defined
by the Colorado Department of Public Health and Environment. The applicant is
strongly encouraged to test their drinking water prior to consumption and periodically test
it over time.
17. No parking or staging of vehicles on State Highway 52 is allowed. The applicant shall
use on-site parking areas only.
18. Pursuant to Chapter 15, Articles I and II, of the Weld County Code, if noxious weeds
exist on the property, or become established as a result of the proposed development,
the applicant/landowner shall be responsible for controlling the noxious weeds. All
vegetation, other than grasses, needs to be maintained at a maximum height of
twelve (12) inches until the area is completely developed.
19. The historical flow patterns and runoff amounts will be maintained on the site in such a
manner that it will reasonably preserve the natural character of the area and prevent
property damage of the type generally attributed to runoff rate and velocity increases,
diversions, concentration, and/or unplanned ponding of storm runoff.
20. Weld County is not responsible for the maintenance of on-site drainage related features.
21. A Certificate of Occupancy is required to be obtained before the proposed use of the
building is occupied.
22. An application and building permit is required for each structure that is constructed. A
plan review is required for each building or structure for which a building permit is
required. Two complete sets of plans are required when applying for each permit. The
applicant shall include a Code Analysis Data sheet for the Weld County Department of
Building Inspection for each structure that requires a permit. Submittal plans shall
include a floor plan showing the specific uses of each area for the building. Plans shall
bear the wet stamp of a Colorado licensed architect or engineer.
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DEVELOPMENT STANDARDS (USR11-0022) - HOMESTEAD GRANGE #215 HALL, INC.
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23. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application. Currently, the following have been adopted by Weld County: 2006
International Building Code, 2011 National Electrical Code, 2006 International
Mechanical Code, 2006 International Plumbing Code, 2006 International Energy Code,
2006 International Fuel Gas Code, 2003 ANSI 117.1 Accessibility Code, and Chapter 29
of the Weld County Code.
24. All building plans shall be submitted to the Southeast Weld Fire Protection District, for
review and approval, prior to the issuance of building permits.
25. Building height shall be measured in accordance with the 2006 International Building
Code for the purpose of determining the maximum building size and height for various
uses and types of construction and to determine compliance with the Bulk Requirements
from Chapter 23 of the Weld County Code. Building height shall be measured in
accordance with Chapter 23 of the Weld County Code in order to determine compliance
with offset and setback requirements. Offset and setback requirements are measured to
the farthest projection from the building.
26. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
27. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
28. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment shall be granted access onto the property at
any reasonable time in order to ensure the activities carried out on the property comply
with the Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
29. The Use by Special Review area shall be limited to the plans shown hereon and
governed by the foregoing standards and all applicable Weld County regulations.
Substantial changes from the plans or Development Standards, as shown or stated,
shall require the approval of an amendment of the Permit by the Weld County Board of
County Commissioners before such changes from the plans or Development Standards
are permitted. Any other changes shall be filed in the office of the Department of
Planning Services.
30. The property owner or operator shall be responsible for complying with all 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.
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 plat.
2012-0184
PL2146
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