HomeMy WebLinkAbout20190470.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0082, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY
USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (MANUFACTURING AND WOODWORKING INCLUDING TINY HOMES,
WOOD AND METAL TRUSSES, CABINETS AND PIPELINE ASSEMBLY, OUTDOOR
STORAGE AND AUTOMOTIVE REPAIR AND RESTORATION), PROVIDED THAT THE
PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT
OR PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS
CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT -
BEN AND AMY TOTEMS
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 6th day of
February, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Ben and Amy Totems, 2218 CR 15, Brighton, CO 80603, for a Site
Specific Development Plan and Use by Special Review Permit, USR18-0082, for a Use permitted
as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial
Zone Districts (manufacturing and woodworking including tiny homes, wood and metal trusses,
cabinets and pipeline assembly, outdoor storage and automotive repair and restoration), provided
that the property is not a lot in an approved or recorded subdivision plat or part 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:
Lot A of Recorded Exemption, RE -4282; being part
of the SW1/4 of Section 20, Township 1 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
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:
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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.2 (A.Policy 7.2) states: "Conversion of
agricultural land to nonurban residential, commercial and industrial
uses should be accommodated when the subject site is in an area
that can support such development and should attempt to be
compatible with the region."Productive agricultural activities are not
readily supported on this parcel because of the small lot size. A new
residence is currently being constructed onsite. As a smaller
Recorded Exemption lot, the Residential Use is appropriate. The
Commercial Use is appropriate because it is located in the
southwest portion of the County which is rapidly developing as there
are numerous nearby commercial businesses. The business is
compatible if the Use is screened from adjacent Residential Uses
to the north and County Road 15 to the west. Additionally, the
property is in a rural area but has easy access to transportation
networks with Interstate -25, approximately three (3) miles to the
west and the Adams -Weld County line approximately two (2) miles
to the south. Furthermore, the operation provides a wide range of
commercial services to the growing areas of southwestern Weld
County and the northern Denver Metro area.
2) Section 22-2-20.F.2 (A.Policy 6.2) states: "Support opportunities,
such as, but not limited to, hobby farming and home businesses, to
supplement family income and reduce living expenses for farm
families and others who prefer a rural lifestyle." This business is
owned and operated by the property owners and is supplementary
source of income. The owners intend to keep the business small
and efficient so they can stay on the site for many years and
preserve the rural residential lifestyle.
3) 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." Water and septic service are
provided to the property. Mountain View Water Users Association
of Adams County (tap #374) provides water service to the property
for residential purposes and cannot be used for commercial
purposes. A septic system (SP -1900099) sized for four (4)
bedrooms provides sewage disposal. The business will be served
by a portable toilet and bottled water will be provided for employees
when they are at the site which is acceptable according to
Environmental Health policy.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
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1) Section 23-3-10 — Intent, states, in part: "The A (Agricultural) Zone
District is also intended to provide areas for the conduct of Uses by
Special Review which have been determined to be more intense or
to have a potentially greater impact than Uses Allowed by Right."
This Code section allows the applicant to apply for a Use by Special
Review permit for the subject business, which is more intense than
Uses Allowed by Right.
2) Section 23-3-40.S — 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."This Code section allows the applicant to apply for a
USR for a Commercial or Industrial operation, as the site is not
located within a subdivision.
C. Section 23-2-230.6.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The surrounding lands consist of
farmland, rural residences, and commercial businesses. There are six (6)
properties immediately adjacent to the site and two (2) have residences
located on them. The applicant does not own any other contiguous land;
however, the applicant's family members own three (3) of the six (6)
adjacent parcels. The closest residence from the business area is
approximately 700 feet to the south and is owned by the applicant's family
members. The Weld County Department of Planning Services sent notice
to six (6) surrounding property owners within 500 feet of the proposed USR
boundary. No responses were received back. The applicants sent notice of
a community meeting to surrounding property owners. A neighborhood
meeting was held on July 6, 2018, at 6:00 p.m., at their shop, which was
attended by three (3) individuals as noted in the attendance sheet in the
application materials. No meeting minutes were submitted. There are
three (3) USRs within one (1) mile of this site. USR-1669, for truck parking,
is to the west. USR17-0009, for outdoor storage, including RVs, trucks and
vehicles, is to the east. USR-1261, for a kennel (150 dogs, 40 cats), is to
the east. Beyond one (1) mile, USRs include mineral resource development
facilities, truck parking and truck repair businesses, kennels, compressor
stations, construction and material storage businesses, horse sales, show
and training facilities and fertilizer processing facilities.
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 the Weld County Code and any other applicable code provisions or
ordinances in effect, or the adopted Master Plans of affected municipalities.
This site is located within the three (3) mile referral area of the City of
Dacono and Northglenn, and the City and County of Broomfield. The City
of Dacono municipal limits are located directly northwest of the parcel, west
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of County Road 15. The Northglenn and Broomfield referral responses,
dated August 13 and August 14, 2018, stated no concerns. No response
was received from Dacono. The site is not located in a Coordinated
Planning Agreement (CPA), Intergovernmental Agreement (IGA), Regional
Urbanization Area (RUA) or Urban Growth Boundary (UGB) of a
municipality.
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
A -P (Airport) Overlay District, Geologic Hazard Overlay District, a Special
Flood Hazard Area or 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 23-2-230.6.6 -- The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The site contains soils designated as "Prime (Irrigated) - Farmlands of
National Importance." The subject property is not currently used for
agricultural purposes and the USR will not further remove any active farm
ground from production. Due to the small size of the property and being
located in an area that has been split by multiple recorded exemptions, it is
not suitable for agricultural production.
G. Section 23-2-230.6.7 -- 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 Ben and Amy Totems, for a Site Specific Development
Plan and Use by Special Review Permit, USR18-0082, for a Use permitted as a Use by Right,
Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts
(manufacturing and woodworking including tiny homes, wood and metal trusses, cabinets and
pipeline assembly, outdoor storage and automotive repair and restoration), provided that the
property is not a lot in an approved or recorded subdivision plat or part 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. Prior to recording the map:
A. The applicant shall attempt to address the requirements of the Mountain
View Fire Rescue regarding water supply for fire protection, as stated in
the referral response dated August 21, 2018. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services.
B. The On -site Wastewater Treatment System, permitted as SP -1800099,
must receive final approval from Environmental Health Services.
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C. A Road Maintenance Agreement is required. Road maintenance includes,
but is not limited to, dust control and damage repair to specified haul routes.
D. A Final Drainage Report and Certification of Compliance stamped and
signed by a Professional Engineer registered in the State of Colorado is
required.
E. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0082.
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 show and label the areas for commercial
storage/parking and employee parking.
5) The applicants shall show and label the location of the portable
toilets.
6) The applicant shall show and label the location of the trash
collection areas. Section 23-3-250.A.6 of the Weld County Code
addresses the issue of trash collection areas.
7) If applicable, signs shall be shown on the map and shall adhere to
Chapter 23, Article IV, Division 2, Section 23-2-240.A.12 and
Appendices 23-C, 23-D, and 23-E of the Weld County Code.
8) If applicable, the map shall delineate the lighting. All lighting shall
be shielded so that light rays will not shine directly onto adjacent
properties and roadways.
9) If applicable, setback radiuses for existing oil and gas tank batteries
and wellheads shall be indicated on the map, per the setback
requirements of Section 23-3-50.E of the Weld County Code.
10) The applicant shall show and label all recorded easements and
rights -of -way on the map by book and page number or reception
number.
11) County Road 15 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 the existing right-of-way on the site plan. All setbacks
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shall be measured from the edge of the right-of-way. This road is
maintained by Weld County.
12) The applicant shall show and label the approved access location,
approved access width and the appropriate turning radii (60 feet)
on the site plan. The applicant must obtain an Access Permit in the
approved location prior to construction.
13) The applicant shall show and label the approved tracking control on
the site plan.
14) If applicable, the applicant shall show and label the entrance gate.
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.
15) The applicant shall show the drainage flow arrows.
16) 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) or one (1) paper copy 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 one hundred twenty (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 one hundred
twenty (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 Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable format is a projected ESRI
shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983
UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS
0501 (US Feet)....etc.).This digital file may be sent to maps@co.weld.co.us.
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5. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
6. 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 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 6th day of February, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: C EXCUSED
/� �� Barbara Kirkmeyer, Chair
Weld County Clerk to the Board
BY:
Dtotuftt= to the Board EXCUSED
Sea P. Conway
Mike Freeman, Pro-Tem
APP VED
K. James
ounty Attorney
Date of signature: 2-IZ-19
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
BEN AND AMY TOTEMS
USR18-0082
1. The Site Specific Development Plan and Use by Special Review Permit, USR18-0082, is
for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (manufacturing and woodworking including tiny
homes, wood and metal trusses, cabinets and pipeline assembly, outdoor storage, and
automotive repair and restoration) provided that the property is not a lot in an approved or
recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations
controlling subdivisions 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 operation is limited to two (2) full-time and four (4) part-time employees.
4. The outdoor storage and parking area on the site shall be maintained.
5. No finished product including, but not limited to, tiny homes, trusses, and repaired vehicles
shall remain on the site for more than ninety (90) days.
6. The existing landscaping and screening 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 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.
9. The access on the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
10. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
11. 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.
12. The historical flow patterns and runoff amounts on the site will be maintained.
13. Weld County is not responsible for the maintenance of on -site drainage related features.
14. 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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15. 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.
16. 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.
17. 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.
18. All potentially hazardous chemicals must be handled in a safe manner, in accordance with
product labeling, and in a manner that minimizes the release of hazardous air pollutants
(HAPs) and volatile organic compounds (VOCs). All chemicals must be stored securely,
on an impervious surface, and in accordance with manufacturers' recommendations.
19. The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone as delineated in C.R.S. §25-12-103.
20. Adequate drinking, hand washing, and toilet facilities shall be provided for employees, at
all times. For two (2) or less full-time or four (4) or less part-time employees on site,
portable toilets and bottled water 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 and shall contain hand sanitizers. All
portable toilets will be screened from public view.
21. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
22. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to On -site Wastewater Treatment Systems.
23. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions
Permit Application and obtain a permit from the Air Pollution Control Division of the
Colorado Department of Public Health and Environment, as applicable.
24. Any vehicle or equipment washing shall adhere to "Low Risk Discharge Guidance:
Discharges from Surface Cosmetic Power Washing Operations to Land July 2010" as
provided by the State.
25. 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.
26. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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27. 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.
28. 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,
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 Colorado registered engineer, shall be
required or an Open Hole Inspection.
29. 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.
30. 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.
31. 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.
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
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.
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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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