HomeMy WebLinkAbout20192415.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR19-0023, FOR ONE (1) SINGLE-FAMILY DWELLING UNIT PER LOT,
OTHER THAN THOSE PERMITTED UNDER SECTION 23-3-20.A OF THE WELD
COUNTY CODE (A SECOND SINGLE-FAMILY RESIDENCE FOR AGRICULTURAL
WORKERS) IN THE A (AGRICULTURAL) ZONE DISTRICT - GS FARMS, 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 3rd day of
July, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of GS Farms, LLC, 16520 Essex Road North, Platteville, Colorado 80651, for a
Site Specific Development Plan and Use by Special Review Permit, USR19-0023, for one (1)
Single -Family Dwelling Unit per lot, other than those permitted under Section 23-3-20.A of the
Weld County Code (a second single-family residence for agricultural workers) in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Lot A of Recorded Exemption, RE -5065; being part
of the NW1/4 of Section 33, Township 2 North,
Range 68 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, at the Board hearing the Applicant consented to modification of the
application to exclude as incompatible certain parts of the original request (up to three (3) cargo
containers, and a Use permitted as a Use by Right, Accessory Use, or Use by Special Review in
the Commercial or Industrial Zone Districts (an office building for dispatch for a plumbing business
along with an equipment maintenance building for plumbing vehicles)), 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 23-2-220.A.1 — The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
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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." The proposed second residence is for
employee housing associated with proposed business that is
related to and reliant upon agricultural uses (horse boarding and
chicken breeding).
2) Section 22-2-20.1.5 (A.Policy 9.5) states: "Applications fora change
of land use in the agricultural areas should be reviewed in
accordance with all potential impacts to surrounding properties and
referral agencies. " The proposed use is in an area that can support
this development, and the existing screening, 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.
B. Section 23-2-230.6.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-40.M delineates one (1) Single -Family Dwelling Unit
per lot other than those permitted under Section 23-3-20.A (Uses
Allowed by Right), as a Use by Special Review in the
A (Agricultural) Zone District.
2) 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."
The proposed second residence is for an employee associated with
a proposed business related to Agricultural use (horse boarding and
chicken breeding business). The attached Conditions of Approval
and Development Standards will adequately mitigate the impacts of
the proposed use on the surrounding area.
C. Section 23-2-230.6.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The proposed use is located on a
vacant Recorded Exemption parcel. Four (4) parcels with single-family
residences are located to the north, south, and west of the site. The second
residence will be for an on -site employee and will result in minimal
additional impacts (traffic) to the site. The other proposed uses (primary
residence and proposed horse and chicken operations) are considered a
Use by Right and can proceed without USR approval.
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
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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 areas of
The Town of Erie, City of Dacono, and Town of Frederick. The site is not
located within a Cooperative Planning Agreement (CPA) boundary or
Urban Growth Boundary (UGB) of a municipality. The property borders
County Road (CR) 5 (which has been annexed by the Town of Frederick).
Additionally, the town limits of Frederick are located approximately
1,850 feet to the east. The City of Dacono and Town of Erie in their referral
comments, both dated March 22, 2019, indicated that they have no
concerns. The Town of Frederick, in the referral response dated April 19,
2019, indicated the property is located within the Town of Frederick Land
Use Map, which identifies the property as Agriculture/Estate Residential.
Frederick requests that any development on the property coordinate
access points with adjacent properties, as the proposed access does not
meet the Town's access standards for an arterial roadway. The Frederick
Zoning Code (in the Agricultural Zone District) allows animal boarding and
agricultural activities. Also, the A (Agricultural) and R (Estate) Zone
Districts allow accessory dwellings (subject to size limitations on the
accessory dwelling).
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, MS4 area
or the Airport Overlay District. Building Permits issued on the lot will be
required to adhere to the fee structure of the County -Wide Road Impact,
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 proposed facility is located on approximately 5.29 acres
delineated as "Prime," per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. The applicant is proposing a second home
to be utilized for agricultural workers associated with proposed horse
breeding to be located on the site. Additionally, a poultry raising and sales
business is proposed to be located on the property. These are agricultural
related uses. The property is currently a pasture that is not being farmed or
cultivated.
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.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of GS Farms, LLC, for a Site Specific Development Plan
and Use by Special Review Permit, USR19-0023, for one (1) Single -Family Dwelling Unit per lot,
other than those permitted under Section 23-3-20.A of the Weld County Code (a second
single-family residence for agricultural workers) 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 plat:
A. The applicant shall attempt to address the comments of the Town of
Frederick, as stated in the referral dated June 19, 2019. The applicant shall
specifically address the comments in the referral regarding road impact
fees, access standards and right-of-way permits for utility work, drainage
work, and access improvements in the road right-of-way. Written evidence
of such shall be provided to the Department of Planning Services.
B. A Final Drainage Report and Certification of Compliance, stamped and
signed by a Professional Engineer registered in the state of Colorado, if
applicable
C. The plat shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR19-0023.
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) 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.
5) This portion of County Road 5 (Bulrush Blvd.) is under the
jurisdiction of the Town of Frederick. The applicant shall contact the
municipality to verify the right-of-way. The applicant shall show and
label the right-of-way. The applicant shall also show the approved
access(es) on the site plan and label with the approved Access
Permit number, if applicable.
6) The applicant shall show and label the accepted drainage features,
if applicable. Stormwater ponds should be labeled as "Stormwater
Detention, No -Build or Storage Area" and shall include the
calculated volume.
7) The applicant shall show and label the drainage flow arrows.
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8) The applicant shall show and label all recorded easements on the
map by book and page number or reception number and date on
the site plan.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) paper copy or (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 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 plat 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. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
5. Prior to the issuance of the Certificate of Occupancy:
A. An On -site Wastewater Treatment System (OWTS) is required for the
proposed facility and shall be installed according to the Weld County On -
site Wastewater Treatment System Regulations. The OWTS is required to
be designed by a Colorado Registered Professional Engineer according to
the Weld County On -site Wastewater Treatment System Regulations.
6. 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 3rd day of July, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WF D COUNTY, COLORPJDO
ATTEST: ditiftiA)�C Tito%
ara Kirkmeyer, Cha.
Weld County Clerk to the Board
Mike Freeman, Pro -Tern
BY:
uty Clerk to
e Board
Conway
AP" • ED
County Attorney
Date of signature: O7
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
GS FARMS, LLC
USR19-0023
1. The Site Specific Development Plan and Use by Special Review Permit, USR19-0023, is
for one (1) Single -Family Dwelling Unit per lot, other than those permitted under
Section 23-3-20.A of the Weld County Code (a second single-family residence for
agricultural workers)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. 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.
4. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Article I and II, of the Weld County Code.
5. The historical flow patterns and runoff amounts on the site will be maintained.
6. Weld County is not responsible for the maintenance of on -site drainage related features.
7. Building permits may 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.
8. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
9. 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.
10. 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;
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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.
11. 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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