HomeMy WebLinkAbout20212867.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR21-0011, FOR A HOME BUSINESS (MACHINE SHOP) OUTSIDE OF
SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE
DISTRICT - ROBERT BORUM
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 20th day of
October, 2021, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Robert Borum, 2198 County Road 17, Brighton, Colorado 80603, for a Site
Specific Development Plan and Use by Special Review Permit, USR21-0011, for a Home
Business (machine shop) outside of subdivisions and historic townsites in the A (Agricultural)
Zone District, on the following described real estate, being more particularly described as follows:
N1/2 SW1/4 SW1/4 of Section 21, Township 1 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Bryan Borum, 11561 River
Run Parkway, Henderson, Colorado, 80640, 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. The applicant has demonstrated that the request is in conformance 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
[Weld County Comprehensive Plan] and any other applicable code
provisions or ordinance in effect.
1) Section 22-2-10. B states: "Respecting Private Property Rights. One
of the basic principles upon which the United States was founded
is the right of citizens to own and utilize property so long as that use
complies with local regulations and does not interfere with or
infringe upon the rights of others." The request to utilize this small,
non -agriculturally productive parcel of land for employment, being
a Home Business, as well as on -going residential use, is in line with
CG: Pt-CMHf rP), PcCrn1s) , £HCU.�,
CAC &), APPt-
Ia/ICo/91
2021-2867
PL2801
SPECIAL REVIEW PERMIT (U$R21-0011) - ROBERT BORUM
PAGE 2
this section of the Comprehensive Plan. The property owner's
business will comply with local regulations and does not appear to
interfere with or infringe upon the rights of others.
B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-10 — Intent, states: "Agriculture in the County is
considered a valuable resource which must be protected from
adverse impacts resulting from uncontrolled and undirected
business, industrial and residential land uses. The A (Agricultural)
Zone District is established to maintain and promote agriculture as
an essential feature of the County. The A (Agricultural) Zone District
is intended to provide areas for the conduct of agricultural activities
and activities related to agriculture and agricultural production, and
for areas for natural resource extraction and energy development,
without the interference of other, incompatible land uses."This code
section, in essence, supports the proposed USR, as this existing
operation is controlled and does not interfere with agricultural
activities or other Use by Right activities.
2) Section 23-3-40.L — Uses by special review, of the Weld County
Code includes "Home Businesses". This Code section allows the
applicant to apply for the subject Home Business. Per
Section 23-1-90 of the Weld County Code, "Home Businesses"
provide for: "A use incidental to the principal permitted use for
gainful employment of the family residing on the property, where:
a) such use is conducted primarily within a dwelling unit or
accessory structure and principally carried on by the family resident
therein; and b) such use is clearly incidental and secondary to the
principal permitted use and shall not change the character thereof."
The subject Home Business meets these requirements, as the
operation will be conducted primarily inside an accessory structure
and will be principally carried on by the property owner and their
family, in addition to several outside employees, and the Use will
be secondary to the existing residential activities onsite.
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 are
unincorporated and are zoned A (Agricultural). The surrounding land uses
consist of rural residences, vacant and agricultural parcels, on -going oil and
gas activity and an outdoor RV and vehicle storage facility. The closest
neighboring residence is approximately 200 feet south of the building. The
next closest residence is approximately 560 feet south of the building.
There are several USRs within one (1) mile of the site, including:
USR17-0009 (outdoor RV and vehicle storage facility) and USR-1261
(kennel), USR15-0067 (mineral resource development facility),
USR18-0098 (high pressure natural gas line), USR-577 (kennel),
2021-2867
PL2801
SPECIAL REVIEW PERMIT (USR21-0011) - ROBERT BORUM
PAGE 3
USR19-0013 (landscaping and storage business), and USR-648 (horse
training and show facility). Weld County Department of Planning Services
staff sent notice to six (6) surrounding property owners within 500 feet of
the proposed USR boundary. No written correspondence or telephone calls
were received. Due to the rural surrounding land uses and minor
perceivable impact of the operation, this facility appears to be compatible
with the area.
D. Section 23-2-230.6.4 — 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 this Code or master plans of affected municipalities. This site is
located within the City of Fort Lupton Coordinated Planning Agreement
(CPA) boundary. As part of the pre -application process, the City of
Fort Lupton returned a Notice of Inquiry form, dated February 18, 2020,
expressing an interest to discuss annexation and that they had no concerns
with the development proceeding with Weld County. The applicant does
not wish to annex at this time. The site is located within the three (3) mile
municipal referral radius of Adams County and the Cities of Dacono,
Fort Lupton, and Northglenn. The referral responses dated July 8, 2021,
July 19, 2021, July 9, 2021, and July 7, 2021, respectively, all had no
comments or concerns with the request.
E. Section 23-2-230.6.5 — The application complies with Articles V and XI of
Chapter 23, if the proposal is located within an overlay zoning district or a
special flood hazard area identified by maps officially adopted by the
County. The proposed facility is not located within a Special Flood Hazard
Area, Airport Overlay District Municipal Separate Storm Sewer System
(MS4) area, Geologic Hazard Overlay District or Historic Townsite 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 23-2-230.6.6 — The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The facility is located on approximately ten (10) acres designated as
"Prime Farmland if Irrigated" with well low -slope drained clay loam soils.
The property is not irrigated and is not used for farming activities. The
proposed USR does not take any prime agricultural land out of production.
G. Section 23-2-230.6.7 — There is adequate provisions for the protection of
the health, safety, and welfare of the inhabitants of the neighborhood and
County. 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. Those agency referral
responses, which contained comments, provide additional advisory
2021-2867
PL2801
SPECIAL REVIEW PERMIT (USR21-0011) - ROBERT BORUM
PAGE 4
information and conditions regarding designing and operating the site to
protect the interests of the County, public and other governmental
agencies.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Robert Borum, for a Site Specific Development Plan and
Use by Special Review Permit, USR21-0011, for a Home Business (machine shop) outside of
subdivisions and historic townsites 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 applicant shall acknowledge the advisory referral comments of the
Fort Lupton Fire Protection District regarding fire district permitting,
premise identification, fire flow requirements, access and loading
requirements, and security gating, as stated in the referral response dated
July 13, 2021. Compliance with Fire District requirements shall be
demonstrated during the Building Permit process. Evidence of
acknowledgment shall be submitted, in writing, to the Weld County
Department of Planning Services.
B. The applicant shall address the referral comments of the Colorado Division
of Water Resources regarding well permitting, as stated in the referral
response dated September 8, 2021. Evidence of such shall be submitted,
in writing, to the Weld County Department of Planning Services.
C. The applicant shall submit written evidence from the Colorado Division of
Water Resources, demonstrating that the well is appropriately permitted for
commercial use.
D. An On -Site Wastewater Treatment System (OWTS) is required for the shop
and the OWTS shall be installed according to the Weld County On -Site
Wastewater Treatment System Regulations. The existing OWTS may be
expanded or a new OWTS may be installed.
E. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR21-0011.
2) The attached Development Standards.
3) The map shall be prepared, per Section 23-2-260.D and
Section 23-4-1030 of the Weld County Code.
2021-2867
PL2801
SPECIAL REVIEW PERMIT (USR21-0011) - ROBERT BORUM
PAGE 5
4) The applicant shall show and label any existing and proposed
structures, storage areas, surfaces, and miscellaneous
improvements, if such item is associated with the home business.
5) The applicant shall show and label the location of any fencing and
gating, if applicable. Include specification details on the USR map.
Refer to Section 23-2-240.A.10 of the Weld County Code.
6) The applicant shall show and label the location of any signage, if
applicable. Include sign specification details on the USR map. Refer
to Section 23-2-240.A.12, Chapter 23, Article IV, Division 2, and
Appendices 23-C, 23-D and 23-E of the Weld County Code.
7) The applicant shall show and label the location of the trash
collection areas, if applicable. Include specification details on the
USR map. Refer to Section 23-2-240.A.13 of the Weld County Code
for design criteria.
8) The applicant shall show and label the on -site employee parking
areas with stall dimensions, if applicable. Refer to
Section 23-2-240.A.6 and Chapter 23, Article IV, Division 1, of the
Weld County Code for design criteria.
9) The applicant shall show and label any on -site lighting, if applicable.
All lighting shall be downcast and shielded so that light rays will not
shine directly onto adjacent properties. Include lighting specification
details on the USR map. Refer to Section 23-2-250.D of the Weld
County Code for design criteria.
10) The applicant shall show and label the setback radiuses for existing
oil and gas tank batteries, wellheads, and encumbrances, if
applicable. Setback requirements are located in Section 23-3-70.E
of the Weld County Code.
11) The applicant shall show and label all recorded easements and
rights -of -way on the map by book and page number or reception
number and recording date.
12) County Road 17 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road which requires
60 feet of right-of-way at full buildout. The applicant shall delineate
and label the future and existing right-of-way (along with the
documents creating the existing right-of-way) and the physical
location of the road on the site map or plat. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
2021-2867
PL2801
SPECIAL REVIEW PERMIT (USR21-0011) - ROBERT BORUM
PAGE 6
13) The applicant shall show and label the approved access location,
approved access width and the appropriate turning radii on the site
plan. The applicant must obtain an access permit in the approved
location prior to construction.
14) The applicant shall show and label the approved tracking control on
the site plan.
15) The applicant shall 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.
16) The applicant shall show and label the drainage flow arrows.
17) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
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 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 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 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 Use by Special Review is not perfected until the Conditions of Approval are
completed and the map is recorded. 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.
2021-2867
PL2801
SPECIAL REVIEW PERMIT (USR21-0011) - ROBERT BORUM
PAGE 7
5. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to
on -site construction.
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 20th day of October, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dettifet)
Weld County Clerk to the Board
BY:
AP
County Attorney
Date of signature:
Steve
reno, Chair
Sc • mes, Pro-
Perry L. B
ike Freeman
2021-2867
PL2801
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ROBERT BORUM
USR21-0011
1. A Site Specific Development Plan and Use by Special Review Permit, USR21-0011, is for
a Home Business (machine shop) outside of subdivisions and historic townsites 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 property owners shall be involved in the Home Business.
4. The Home Business shall be incidental to the principal residential use for gainful
employment of the family residing on the property and shall not change the character
thereof.
5. The maximum number of on -site, full-time employees at any given time is eight (8),
including the involved property owners, as requested in the application materials.
6. The existing and proposed landscaping, screening, and fencing shall be maintained.
7. The employee vehicle parking and storage areas on the site shall be maintained.
8. All signs shall adhere to Section 23-2-240.A.12, Chapter 23, Article IV, Division 2, and
Appendices 23-C, 23-D and 23-E of the Weld County Code.
9. 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.
10. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, C.R.S. §30-20-100.5) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
11. 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, C.R.S. §30-20-100.5.
12. 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.
2021-2867
PL2801
DEVELOPMENT STANDARDS (USR21-0011) - ROBERT BORUM
PAGE 2
13. 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.
14. All 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.
15. The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone as delineated in C.R.S. §25-12-103.
16. Any On -site Wastewater Treatment System (OWTS) located on the property must comply
with all provisions of the Weld County Code, pertaining to OWTS.
17. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. A permanent, adequate water supply shall be provided
for drinking and sanitary purposes. The existing well (permit 100630) cannot be used for
the business unless it is re -permitted to allow commercial use.
18. This application is proposing a well as its source of water. The applicant should 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. Groundwater may not meet all drinking water standards, as
defined by the Colorado Department of Public Health and Environment, and it is strongly
encouraged to test drinking water prior to consumption and periodically test it over time.
19. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
20. 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.
21. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
22. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
23. Any work that may occupy and/or encroach upon any County rights -of -way or easement
shall require an approved Right -of -Way Use Permit prior to commencement.
24. The historical flow patterns and runoff amounts on the site will be maintained.
25. Building Permits may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2018 International Codes,
2018 International Energy Code, and 2020 National Electrical Code. A Building Permit
application must be completed and two (2) complete sets of engineered plans bearing the
wet stamp of a Colorado registered architect or engineer must be submitted for review. A
2021-2867
PL2801
DEVELOPMENT STANDARDS (USR21-0011) - ROBERT BORUM
PAGE 3
Geotechnical Engineering Report, performed by a Colorado registered 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. Chapter 23, Article II, Section 23-2-290.A states: "Construction or use pursuant to
approval of a Use by Special Review Permit shall be commenced within three (3) years
from the date of approval, unless otherwise specified by the Board of County
Commissioners when issuing the original Permit, or the Permit shall be vacated. The
Director of Planning Services may grant an extension of time, for good cause shown, upon
a written request by the landowner."
31. Chapter 23, Article II, Section 23-2-290.6 states: "A Use by Special Review shall terminate
when the use is discontinued for a period of three (3) consecutive years, the Use of the
land changes or the time period established by the Board of County Commissioners
through the approval process expires. The landowner may notify the Department of
Planning Services of a termination of the Use, or Planning Services staff may observe that
the Use has been terminated. When either the Department of Planning Services is notified
by the landowner, or when the Department of Planning Services observes that the Use
may have been terminated, the Planner shall send certified written notice to the landowner
asking that the landowner request to vacate the Use by Special Review Permit."
32. Chapter 23, Article II, Section 23-2-290.D states: "In such cases where the Use by Special
Review has terminated but the landowner does not agree to request to vacate the Use by
Special Review Permit, a hearing shall be scheduled with the Board of County
Commissioners to provide the landowner an opportunity to request that the Use by Special
Review Permit not be vacated, for good cause shown. The landowner shall be notified at
least ten (10) days prior to the hearing. If the Board of County Commissioners determines
2021-2867
PL2801
DEVELOPMENT STANDARDS (USR21-0011) - ROBERT BORUM
PAGE 4
that the Use by Special Review has terminated and no good cause has been shown for
continuing the permit, then the termination becomes final, and the Use by Special Review
Permit is vacated."
33. 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 people 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.
34. The Weld County Right to Farm Statement, as it appears in Section 22-2-30.A.4.a of the
Weld County Code, shall be placed on the map and recognized at all times.
2021-2867
PL2801
Hello