HomeMy WebLinkAbout20110823.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1775 FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY
USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (RETAIL FOOD ESTABLISHMENT PRIMARILY ENGAGED IN THE SALE
OF SPECIALTY MEATS, DAIRY PRODUCTS, AND ANIMAL FOOD), 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 IN THE
A (AGRICULTURAL) ZONE DISTRICT- PHILIP HAYNES
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 30th day
of March, 2011, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Philip Haynes, 4022 County Road 11, Dacono, Colorado 80514, for a
Site Specific Development Plan and Use by Special Review Permit#1775 for any Use
Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (retail food establishment primarily engaged in the sale of specialty
meats, dairy products, and animal food), 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 in the A (Agricultural) Zone District, on the following described real
estate, being more particularly described as follows:
Part of the SW1/4 and part of the SE1/4 of
Section 12, Township 1 North, Range 68 West of
the 6th P.M., Weld County, Colorado, and
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:
Lam . CA , PL, Ptti; +1L , Appl .
l i 2011-0823
PL2113
SPECIAL REVIEW PERMIT#1775 - PHILIP HAYNES
PAGE 2
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.
1) 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." The subject property is located on the outskirts of the City of
Dacono on 35.94± acres. The site is surrounded by agricultural uses,
with the exception of a low-density residential development to the south of
the property known as Eagle Meadows. As of March 7, 2011, the Weld
County Department of Planning Services did not receive any
correspondence from Eagle Meadows, which is annexed to the City of
Dacono. Likewise, the City of Dacono did not object to the proposed use,
and it cited support of the project on the Notice of Inquiry. Also, adequate
infrastructure is attainable (i.e., public water, electric, septic, roads,
etcetera). The business has a water tap from the Central Weld Water
Conservation District (CWWCD) that is both sufficient in quantity, as in
use.
2) Section 22-2-20.B.2 (A.Policy 2.3) states, "Encourage the development of
agriculture and agriculturally-related businesses and industries in
underdeveloped areas, where existing resources can support a higher
level of economic activity. Agricultural businesses and industries include
those related to ranching, confined animal production, farming,
greenhouse industries, landscape production, and agri-tainment or agri-
tourism uses." The proposed use, Rocky Plains Quality Meats, is related
to ranching. There are approximately 35 bison on the property, which is
under the maximum allowed animal units in the A (Agricultural) Zone
District, and there is no meat raised or processed on the site. In addition,
the property has two (2) miniature horses.
b. Section 23-2-230.6.2 -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District. Section 23-3-40.R 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. PUD development proposals shall
not be permitted to use the Special Review Permit process to develop.
c. Section 23-2-230.B.3 -- The permitted uses will be compatible with the existing
surrounding land uses. The properties located to the north and west of the
subject site are zoned in the A (Agricultural) Zone District. Eagle Meadows,
which is zoned and platted as rural residential in the City of Dacono, is located to
the south of the property. The property to the east of the subject site is annexed
2011-0823
PL2113
SPECIAL REVIEW PERMIT#1775 - PHILIP HAYNES
PAGE 3
to the City of Dacono and zoned Rural residential. The subject property is in
transition with the Dacono City Limits on the east and to the south. According to
Dacono's Comprehensive Plan, this area calls for Low to Medium Density
Residential Zoning. The City of Dacono's referral, dated January 5, 2011, states
it supports the applicant's request.
d. Section 23-2-230.B.4 -- The permitted uses 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
City of Dacono's Urban Growth Boundary (UGB). The City of Dacono was sent a
Notice of Inquiry, dated December 30, 2010. The Notice of Inquiry was returned
to Weld County and signed by the City Administrator, Bill Efting, in support of the
business, and indicated that Dacono is not seeking annexation. A referral was
also sent to the City of Dacono's Planning Department. Dacono's Planning
Director responded with no conflict, and referenced a formal letter sent by the
City Administrator supporting the project.
e. Section 23-2-230.6.5 -- The application complies with Chapter 23, Article V, of
the Weld County Code. The existing site is within the County-Wide Road Impact
Fee Area and the Capital Expansion Impact Fee area. Effective
January 1, 2003, building permits issued on the subject property will be required
to adhere to the fee structure of the County-Wide Road Impact Fee Program.
Effective August 1, 2005, building permits issued on the subject property will be
required to adhere to the fee structure of the Capital Expansion Impact Fee and
the Stormwater/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 property is 36± acres total. The business is located on approximately 3.2
acres, which leaves approximately 34 acres in agricultural and ranching
production. The U.S.D.A. Soils Map of Important Farmlands of Weld County,
dated 1979, identifies the soils on this property as "Prime if they become
Irrigated".
g. Section 23-2-230.6.7 -- There are adequate provisions for the protection of the
health, safety, and welfare of the inhabitants of the neighborhood and County.
The Weld County Department of Public Health and Environment has jurisdiction
in this area, and has been working with Rocky Plains Quality Meat to come into
compliance with Colorado Retail Food Establishment Rules and Regulations.
The Weld County Sheriff has jurisdiction in this area, and did not respond to the
Weld County Department of Planning Services' referral. It is not known, at this
time, whether the City of Dacono and the Weld County Sheriff have a mutual aid
agreement. This recommendation is based, in part, upon a review of the
application materials submitted by the applicant, other relevant information
regarding the request, and responses from referral entities.
2011-0823
PL2113
SPECIAL REVIEW PERMIT#1775 - PHILIP HAYNES
PAGE 4
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Philip Haynes, for a Site Specific Development
Plan and Use by Special Review Permit #1775 for any Use Permitted as a Use by Right,
Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (retail
food establishment primarily engaged in the sale of specialty meats, dairy products, and animal
food), 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 in the
A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted
subject to the following conditions:
1. The plat shall be amended to delineate the following.
A. All sheets of the plat shall be labeled USR-1775.
B. The attached Development Standards.
C. The plat shall be prepared in accordance with Section 23-2-260.D of the
Weld County Code.
D. 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. Areas used for storage or trash collection shall be
screened from adjacent properties and public rights-of-way. These areas
shall be designed and used in a manner that will prevent trash from being
scattered by wind or animals.
E. County Road 11 is under the jurisdiction of the City of Dacono.
F. The off-street parking spaces, including the access drive, shall be
surfaced with gravel, asphalt, concrete, or the equivalent and shall be
graded to prevent drainage problems.
G. The plat shall delineate any business signs and shall be in conformance
with Appendix 23-D and 23-E of Chapter 23 of the Weld County Code.
2. The applicant shall address the requirements and/or concerns with the Weld
County Department of Building Inspection, as stated, in the referral response,
dated March 7, 2011. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
3. A restroom in the store shall be installed and adhere to all Weld County Rules
and Regulations.
4. Upon completion of Conditions of Approval #1 and #2, listed above, the applicant
shall submit three (3) paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services. Upon approval of the paper
copies, 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
2011-0823
PL2113
SPECIAL REVIEW PERMIT#1775 - PHILIP HAYNES
PAGE 5
of the Weld County Clerk and Recorder by the Weld County 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 sixty (60) days from the
date of the Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee.
5. In accordance with Weld County Code Ordinance #2006-7, approved
June 1, 2005, should the plat not be recorded within the required sixty (60) 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.
6. The Department of Planning Services respectively requests the surveyor provide
a digital copy of this Use by Special Review Permit application. 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. 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
released by the Director of Planning Services.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by the
following vote on the 30th day of March, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COL RADO
Ell, i r
ATTEST I � '� c„,--;:t, 4_4-A-7.4._- 4,z„
/ bara Kirkmeyer,r'hair /
Weld County Clerk t.( = — ' �)
ura _
/' - - , , Sean P. , ro-Tem
BY: %�. ���`
Deputy Clerk to the Bo- s ___
F. Garci —
AP O D A RM: yt,
David E. Long_.---2
Attorney ccirn�,� • ) o d�u/
Dougl s Rad ewer
Date of signature: A/
2011-0823
PL2113
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
PHILIP HAYNES
USR#1775
1. A Site Specific Development Plan and Use by Special Review Permit #1775 is for any
Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (retail food establishment primarily engaged in
the sale of specialty meats, dairy products and animal food), provided that the property
is not on 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 subdivision 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 number of on-site employees shall be commensurate with the number of persons,
which the septic system may accommodate in accordance with the requirements of the
Weld County Code, pertaining to Individual Sewage Disposal Systems (I.S.D.S.)
Regulations.
4. The hours of operation shall be limited to 8:00 a.m., to 7:00 p.m., daily.
5. 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.
6. 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.
7. 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.
8. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
9. 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.
10. 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.
11. Adequate drinking, hand washing and toilet facilities shall be provided for employees
and patrons of the facility, at all times.
12. Sewage disposal for the facility shall be by septic system. Any septic system located on
2011-0823
PL2113
DEVELOPMENT STANDARDS - PHILIP HAYNES (USR#1775)
PAGE 2
the property must comply with all provisions of the Weld County Code, pertaining to
Individual Sewage Disposal Systems (I.S.D.S).
13. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
14. The applicant shall comply with Colorado Retail Food Establishment Rules and
Regulations governing the regulation of food service establishments.
15. Effective January 1, 2003, building permits issued on the lot will be required to adhere to
the fee structure of the County-Wide Road Impact Fee Program.
16. Effective August 1, 2005, building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee Programs.
17. Should 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, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
18. 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.
19. The historical flow patterns and runoff amounts will be maintained, on the site, in such a
manner that 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. The property owner or operator shall be responsible for complying with all of the
foregoing Development Standards. Non-compliance with any of the foregoing
Development Standards may be reason for revocation of the Permit by the Board of
County Commissioners.
21. 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.
2011-0823
PL2113
Hello