HomeMy WebLinkAbout20201653.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR20-0001, FOR MULTI-FAMILY DWELLINGS FOR PERSONS
PRINCIPALLY EMPLOYED AT OR ENGAGED IN FARMING WITH THE H-2A
PROGRAM IN THE A (AGRICULTURAL) ZONE DISTRICT - HARD KNOCKS
HOMESTEAD, LLC
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 22nd day
of April, 2020, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Hard Knocks Homestead, LLC, 25525 CR 48, Kersey, Colorado 80644, for a
Site Specific Development Plan and Use by Special Review Permit, USR20-0001, for Multi-Family
Dwellings for persons principally employed at or engaged in farming with the H-2A Program in
the A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Lot A of Recorded Exemption, RE-3090; being part
of the W1/2 SE1/4 of Section 5, Township 4 North,
Range 64 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, because of the COVID-19 event and to protect the health,
safety, and welfare of the general public, the Board continued the matter to June 10, 2020, at
10:00 a.m., and,
WHEREAS, on June 10, 2020, the applicant was present, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 — The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20.A (A.Goal 1) states: "Respect and encourage the
continuation of\agricultural land uses and agricultural operations for
CA:9Ltbc ITP) PW(Zi)t EA-CL-1--) 2020-1653
O460)1 MtPPL PL2746
—1(10 1Zo2o
SPECIAL REVIEW PERMIT (USR20-0001) - HARD KNOCKS HOMESTEAD, LLC
PAGE 2
purposes which enhance the economic health and sustainability of
agriculture."The site contains a farming operation with an existing
house, barn and outbuildings. The applicant is requesting to convert
the office area in the barn to a living area for four(4) people, part of
the H-2A seasonal farm labor. The subject site is surrounded by the
applicant's crop land, with a residence to the south of CR 48 and is
in an area that can support this development. 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.
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 site is served by the Central
Weld County Water District for potable water. According to the Weld
County Department of Public Health and Environment, there is an
On-Site Wastewater Treatment system (OWTS) that is permitted
for a four (4) bedroom house, five (5) person office and an outdoor
restroom for seasonal workers. The OWTS is sized for six (6)
bedrooms, which includes the office and a separate outdoor
restroom. As this request will add two (2) extra people per bedroom,
the system must be reviewed by an engineer. In addition to the
indoor restroom in the H-2A living quarters in the house, there is an
outdoor restroom connected to water and septic that is located
close to the barn, as well as an additional restroom in the storage
unit. All the restrooms are within 0.25 miles from all work sites,
according to the application materials.
3) Section 22-2-120.D (R.Goal 4) states: "Residential development
should support agriculture, and be supported in agricultural areas,
in accordance with the goals and policies of Section 22-2-20 of this
Article." This USR is for the multi-family housing for on-site
employees that will be working for an agricultural operation. It is
supported by, and is consistent with, Section 22-2-20 - Agriculture
goals and policies of the Weld County Comprehensive Plan.
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, in part: "The A (Agricultural) Zone
District is established to maintain and promote agriculture as an
essential feature of the County."
2) Section 23-3-40.T — Uses by Special Review, of the Weld County
Code states, "multi-family dwellings for persons principally
employed at or engaged in farming." This code section allows the
applicant to apply for a USR for multi-family housing. The H-2A
2020-1653
PL2746
SPECIAL REVIEW PERMIT (USR20-0001) - HARD KNOCKS HOMESTEAD, LLC
PAGE 3
program helps employers who anticipate a lack of available
domestic workers to bring foreign workers to the U.S. to perform
temporary or seasonal agricultural work.
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, rural residences. The closest residence is south of the site
on the other side of CR 48. The house on this USR site is approximately
0.25 miles from the barn on the subject property. There is another
residence approximately 550 feet southeast of the site. There are 14 USRs
within one (1) mile of this site: USR-1701 for a kennel and a second
dwelling, USR-663 for a recreational facility, USR12-0078 for a
construction business, USR18-0077 for a non-1041 major facility pipeline,
USR-1479 for a second dwelling, 2MJUSR18-12-1792 for a mineral
resource development facility, USR18-0027 for a high pressure natural gas
pipeline, USR12-0006 for a non-1041 major facility pipeline, USR11-0016
for a greater than 12-inch natural gas pipeline, USR-1137 for an airstrip,
USR17-0076 for agriculture and horticulture services, USR-1447 for an oil
and gas support facility, USR-1244 for a roping arena, and USR-556 for a
pallet and agricultural services. The Weld County Department of Planning
Services sent notice to three (3) surrounding property owners within 500
feet of the proposed USR boundary. One (1) phone call was received to
discuss the USR.
D. Section 23-2-230.B.4—The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
existing zoning, and with the future development, as projected by
Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is located within the three (3) mile referral area of
the Town of Kersey. The Town of Kersey's referral agency comments dated
January 31, 2020, stated no concerns. The site is also located within the
Cooperative Planning Agreement (CPA) for the Town of Kersey. As part of
the pre-application process, the Town of Kersey was notified of the
proposal by Planning staff and was provided Notice of Inquiry (NOI) forms
by the applicant. The Town of Kersey returned an NOI form, dated
January 7, 2020, which stated the Town is not interested in annexation of
the property. Although the CPA of the Town of Kersey extends to CR 48,
the Kersey Comprehensive Plan shows the Kersey Influence Area
extending only to CR 50, therefore, the Future Land Use Map for the Town
of Kersey does not delineate the subject property. The site is not located
with a Regional Urbanization Area (RUA) or Urban Growth
Boundary (UGB).
E. Section 23-2-230.B.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The property is not within the
MS4, the Geologic Hazard Overlay District, a Special Flood Hazard Area
or the Airport Overlay District. Building Permits issued on the lot will be
2020-1653
PL2746
SPECIAL REVIEW PERMIT (USR20-0001) - HARD KNOCKS HOMESTEAD, LLC
PAGE 4
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 soils designated as "Prime
(Irrigated)," per the 1979 Soil Conservation Service Important Farmlands
of Weld County Map. This USR will utilized an existing building and will not
take any "Prime (Irrigated)" Farmland out of production.
G. Section 23-2-230.B.7 — The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards can ensure
that there are adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Hard Knocks Homestead, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR20-0001, for Multi-Family Dwellings
for persons principally employed at or engaged in farming with the H-2A Program 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. If the existing On-Site Wastewater Treatment System (OWTS) for the
residence (SP-0100450) is utilized for additional people, the OWTS shall
be reviewed by a Colorado registered professional engineer to determine
sizing limitations. The review shall consist of observation of the system and
a technical review describing the system's ability to handle the proposed
use. The review shall be submitted to the Environmental Health Services
Division of the Weld County Department of Public Health and Environment.
In the event the system is found to be inadequately sized for the proposed
use, the system shall be brought into compliance with current OWTS
regulations or a new OWTS may be installed.
B. The USR map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR20-0001.
2) The attached Development Standards.
3) The map shall be prepared, per Section 23-2-260.D of the Weld
County Code.
4) The applicant shall delineate 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.
2020-1653
PL2746
SPECIAL REVIEW PERMIT (USR20-0001) - HARD KNOCKS HOMESTEAD, LLC
PAGE 5
5) The map shall delineate the lighting, if applicable.
6) The map shall delineate the parking area on the map.
7) County Road 48 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.
8) 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.
9) 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.
2020-1653
PL2746
SPECIAL REVIEW PERMIT (USR20-0001) - HARD KNOCKS HOMESTEAD, LLC
PAGE 6
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
C , WELD COUNTY, COLORADO
datitivATTEST: �• v'Cldo•ei °
Mike Freeman, Chair
Weld County Clerk to the Board
• - Steve reno, Pro-Tern
BY:
Deputy Clerk to the Board
Sco . K. James
AP D AS T iR
arbara Kirkmey
� '
County A ttorney
®u WS / Kevin D. Ross
Date of signature: D7.42V2
2020-1653
PL2746
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
HARD KNOCKS HOMESTEAD, LLC
USR20-0001
1. The Site Specific Development Plan and Use by Special Review Permit, USR20-0001, is
for multi-family dwellings for persons principally employed at or engaged in farming with
the H-2A Program in the A (Agricultural) Zone District, subject to the Development
Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The number of employees dwelling onsite within the barn shall be up to four (4).
4. The parking area shall be maintained.
5. 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.
6. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off-site tracking.
7. There shall be no parking or staging of vehicles on public roads. On-site parking shall be
utilized.
8. 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.
9. The historical flow patterns and runoff amounts on the site will be maintained.
10. 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.
11. 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.
12. Adequate drinking, handwashing and toilet facilities shall be provided for employees of the
facility, at all times. Any septic system located on the property must comply with all
provisions of the Weld County Code, pertaining to On-site Wastewater Treatment
Systems. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
13. The operation shall comply with all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
2020-1653
PL2746
DEVELOPMENT STANDARDS (USR20-0001) - HARD KNOCKS HOMESTEAD, LLC
PAGE 2
14. 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.
15. A building permit may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2018 International Codes,
2006 International Energy Code, and 2017 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
Geotechnical Engineering Report, performed by a registered State of Colorado engineer,
shall be required or an Open Hole Inspection.
16. The property owner or operator shall be responsible for complying with all 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.
17. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment shall be granted access onto the property,
through appointment only, 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.
18. 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.
19. 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.
20. 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
2020-1653
PL2746
DEVELOPMENT STANDARDS (USR20-0001) - HARD KNOCKS HOMESTEAD, LLC
PAGE 3
send certified written notice to the landowner asking that the landowner request to vacate
the Use by Special Review Permit.
21. 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 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.
22. 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.
2020-1653
PL2746
Hello