HomeMy WebLinkAbout20201682.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR20-0006, FOR A HOME BUSINESS (GRANITE AND STONE CUTTING
AND FABRICATION), OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES, IN
THE A (AGRICULTURAL) ZONE DISTRICT - HECTOR FAUDOA
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 10th day of
June, 2020, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Hector Faudoa, 395 CR 29, Brighton, Colorado 80603, for a Site Specific
Development Plan and Use by Special Review Permit, USR20-0006, for a Home Business
(granite and stone cutting and fabrication), outside of subdivisions and historic townsites, in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Lot B of Recorded Exemption, RE-2797; being part
of the NE1/4 SE1/4 of Section 32, Township 1 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present and was represented by Sheri
Lockman, Lockman Land Consulting, LLC, 36509 County Road 41, Eaton, Colorado 80615, 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.B.1 — The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20.G.3 (A.Policy 7.3) states: "Conversion of
agricultural land to urban residential, commercial and industrial
uses should be considered when the subject site is located inside
an Intergovernmental Agreement area, Urban Growth Boundary
area, Regional Urbanization Area or Urban Development Nodes, or
where adequate services are currently available or reasonably
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obtainable. A municipality's adopted comprehensive plan should be
considered but should not determine the appropriateness of such
conversion." The property is within three (3) miles of the Cities of
Brighton and Fort Lupton, Town of Lochbuie, and Adams County.
The property is outside of the Urban Growth Boundary Area (UGA)
for the City of Brighton but is located within the Brighton 2040 Urban
Service Area, per the City of Brighton Future Land use Map,
adopted on March 22, 2016. The property has been designated as
Employment — Industrial. The property is within the
Intergovernmental Agreement (IGA) Area for the City of Fort
Lupton. The Future Land Use Map associated with the 2018 Fort
Lupton Comprehensive Plan identifies this area as planned for
Industrial uses.
2) Section 22-2-20.H (A.Goal 8) states: "Ensure that adequate
services and facilities are currently available or reasonably
obtainable to accommodate the requested new land use change for
more intensive development." The applicant is proposing bottled
water for employees and a port-a-let with integrated handwashing
comment for sanitary needs, as typically employees are working
on-site less than two (2) hours in the morning and two (2) hours in
the late afternoon. The Faudoa family residence will utilize the
existing well under the Division of Water Resources Permit No.
230142, restricted to ordinary household purposes inside one (1)
Single-Family Dwelling, the watering of the user's own non-
commercial domestic animals, and the irrigation of not more than
0.5 acres of home gardens and lawns. A septic system, permit
number SP-0000675, is permitted for the home. The Conditions of
Approval and Development Standards ensure that there are
adequate services and facilities available.
B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Chapter 23, Article III, Division 1, Section 23-3-40.L allows for a
Home Business 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 consist of
pastures, crops, and rural residences. The closest residence is about 40
feet northeast of the north property line and approximately 440 feet from
the Granite Shop. A second residence is approximately 110 feet southeast
of the property line and approximately 180 feet from the Granite Shop.
There are two (2) USRs within one (1) mile of the site. USR16-0027 for
outdoor vehicle storage and USR-1658 for a construction company are
located northwest of the site, specifically south of County Road 4 (New
Energy Drive), and east of and adjacent to the Union Pacific Railroad
mainline track. The Weld County Department of Planning Services sent
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notice to 22 surrounding property owners. Planning staff received a
telephone call from the adjacent property owner to the north, requesting a
privacy fence be erected on the property line between the two (2) properties
and indicated that he was willing to help with the materials and construction
costs. Planning staff also received a letter with affiliated photographic
images of the issues outlined in the correspondence with Planning. This
surrounding property owner is in opposition to the operation of an industrial
business in the A (Agricultural) Zone district, for reasons cited in their letter.
The applicant has been in contact with the surrounding property owners
and has conducted a community meeting on June 25, 2019. The applicant
submitted a copy of the sign-in sheet identifying four (4) property owners
who attended the event, all in support for the proposed Home Business.
The Conditions of Approval require that the applicant submit an Emergency
Action and Safety Plan. The Conditions of Approval and Development
Standards will assist in mitigating the impacts of the facility on the adjacent
properties and ensure compatibility with surrounding land uses and the
region.
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.
1) The property is located within the Brighton 2040 Urban Service
Area, per the City of Brighton Future Land use Map adopted by the
Brighton Planning Commission on March 22, 2016, and ratified by
the City Council on April 5, 2016. The property has been designated
as Employment — Industrial and has defined uses: "Regional, job-
creating employment uses such as regional and corporate
headquarters. Light industrial uses that create less noise, traffic
smoke and/or odor than industrial uses yet should still be situated
away from residential areas. Suitable along U.S. Highway 85.
Transportation infrastructure should support heavy truck traffic."
2) The property is also located within the 2018 Fort Lupton
Comprehensive Plan's Future Land use map and is designated as
Industrial. "These areas represent potential industrial growth that
could support significant investment and job creation within Fort
Lupton. Industrial Growth Areas should support both heavy and
light industrial as well as office development, contributing to
economic development. This designation is intended to provide an
environment for light industrial and office uses that can act as a
buffer between heavy industry and lower intensity residential and
commercial uses.
3) The property is located in the three (3) mile referral area for the City
of Brighton, City of Fort Lupton and Adams County. The property is
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also within the Coordinated Planning Agreement Area with the City
of Fort Lupton who returned the undated Notice of Inquiry Form
stating, "The property is south of our growth boundary per our IGA
with Brighton. Fort Lupton will review the case through the referral
process."
4) Adams County Planning returned a referral dated March 9, 2020,
and stated, "Adams County and the City of Brighton project more
dense urban residential development, per our long-range plans,
due south of 168th (CR 2) in this area. Presently, most of our zoning
is A-1 in this area and is more supportive of agricultural uses and
single-family detached homes. The use itself does not appear to be
compatible with residential but Adams County will certainly defer to
Weld County's staff opinion on this matter. [Adams County
Planning] also have concerns after reviewing the application about
the active violation on the property and the owner's need to stop the
use until they go before the USR public hearing(s)." The City of
Brighton and the City of Fort Lupton did not return a formal referral
response.
E. Section 23-2-230.6.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The property is not within the
Geologic Hazard Overlay District, a Special Flood Hazard Area or the
Airport Overlay District or the MS4 area. 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 5.3 acres of
"Irrigated Land (Not Prime)" with the remaining 2.5 acres listed as "Other
Lands," per the 1979 Soil Conservation Service Important Farmlands of
Weld County Map.
G. Section 23-2-230.6.7 — 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 Hector Faudoa, for a Site Specific Development Plan
and Use by Special Review Permit, USR20-0006, for a Home Business (granite and stone cutting
and fabrication), 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:
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1. Prior to recording the map:
A. The applicant shall address the requirements of the Brighton Fire Rescue
District, as stated in the referral response dated March 9, 2020, specific to
the determination of building classification for the change of use as
determined by the Weld County Building Department. Written evidence of
such shall be submitted to the Weld County Department of Planning
Services.
B. If the existing On-site Wastewater Treatment System (OVVTS) for the
business (SP-1900203) will be used, the existing permit shall receive final
approval in accordance with current OWTS regulations. In the event the
OWTS will not be utilized the permit (SP-1900203) shall be negated.
C. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR20-0006.
2) The attached Development Standards.
3) The map shall be prepared, in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall delineate the trash collection areas on the map.
Section 23-2-240.A.13 of the Weld County Code addresses the
issue of trash collection areas.
5) The map shall delineate the screening in accordance with the
approved Screening Plan.
6) The map shall delineate the existing on-site lighting.
7) 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.
8) The map shall delineate the parking area for the employees and
vendors.
9) County Road 29 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.
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10) County Road 2.5 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.
11) The applicant shall show and label the approved access locations,
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 operation.
12) The applicant shall show and label the drainage flow arrows.
13) 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. Prior to Construction:
A. The approved access shall be permitted and 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.
5. 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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 10th day of June, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: idtdc) jdotok
Mike Freeman, Chair
Weld County Clerk to the Board' gi;k • Steve reno, Pro-Tem
BY: ",/
Deputy Clerk to the oard �-i� ;�
E La s :��� . James
OR
tug arbara Kirkme -r
Co y Attorney ® ,c�U T� . Kevin D. Ross
Date of signature: WOO-
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
HECTOR FAUDOA
USR20-0006
1. The Site Specific Development Plan and Use by Special Review Permit, USR20-0006, is
for a Home Business (granite and stone cutting and fabrication) 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 operation shall occur inside the building.
4. The number of on-site employees shall be up to two (2), as stated in the application
materials.
5. The number of commercial vehicles shall be up to two (2), as stated in the application
materials.
6. The parking area 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 granite stored in the outdoor storage area shall not be taller than six (6) feet.
9. 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.
10. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off-site tracking.
11. There shall be no parking or staging of vehicles on public roads. On-site parking shall be
utilized.
12. Any work that may occupy and/or encroach upon any County rights-of-way or easement
shall acquire an approved Right-of-Way Use Permit prior to commencement.
13. The historical flow patterns and runoff amounts on the site will be maintained.
14. Weld County is not responsible for the maintenance of on-site drainage related features.
15. 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.
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16. 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.
17. 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.
18. 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.
19. Any On-Site Wastewater Treatment Systems (OWTS) located on the property must
comply with all provisions of the Weld County Code, pertaining to OWTS regulations.
20. Any additional hydraulic load to the existing septic system (SP-1900203) will require an
Evaluation from a Colorado Registered Professional Engineer. The engineer's evaluation
shall be submitted to the Weld County Environmental Health Department. In the event the
system is found to be inadequate, the system must be brought into compliance with current
Weld County OWTS Regulations.
21. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
The existing well (permit 230142) cannot be used for the business unless it is re-permitted
to allow commercial use.
22. Adequate handwashing and toilet facilities shall be provided for employees and patrons
of the facility, at all times. For two (2) or less full-time employees onsite, portable toilets
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, contain hand sanitizers and be screened from existing adjacent residential
properties and public rights-of-way.
23. 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.
24. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
25. Sources of light shall be shielded so that light rays 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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26. Building permits shall be required for any new construction or set up manufactured
structure, per Section 29-3-10 of the Weld County Code. A building permit application
must be completed and submitted. Buildings and structures 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: 2018 International Building Codes, 2006
International Energy Code, 2017 National Electrical Code, and Chapter 29 of the Weld
County Code. A plan review shall be approved, and a permit must be issued prior to the
start of construction.
27. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 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. 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. 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. 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
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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 persons 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.
33. 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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