HomeMy WebLinkAbout20191186.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0117, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY
USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS, (CAFETERIA) 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 - LITTLE CALF
RANCH, 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
April, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Little Calf Ranch, LLC, 28545 CR 72, Gill, CO 80624, for a Site Specific
Development Plan and Use by Special Review Permit, USR18-0117, for a Use permitted as a
Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone
Districts, (cafeteria) 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 Amended Recorded Exemption, RE -239;
being part of SE1/4 Section 2, Township 6 North,
Range 64 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Alejandro Acosta, Aurora
Organic Farms, Inc., 7388 State Highway 66, Platteville, Colorado 80651, 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 23-2-230.6.1 -- 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.A.2 (A.Policy 2.2) states: "Allow commercial and
industrial uses, which are directly related to or dependent upon
agriculture, to locate within agricultural areas when the impact to
surrounding properties is minimal or mitigated and where adequate
services and infrastructure are currently available or reasonably
obtainable. These commercial and industrial uses should be
encouraged to locate in areas that minimize the removal of
agricultural land from production."
2) Section 22-2-20.A.5 (A.Policy 1.5) states: "Support and entice
agriculturally related businesses and processing facilities." The
proposed commercial facility is directly related to agriculture. The
proposed use of a cafeteria will provide a needed service to the
dairy's employees. The proposed office is to be used for the
associated dairy operations. The existing structures will be utilized
for the office and cafeteria; therefore, no new structures are being
proposed, which reduces the impact to the property and
surrounding areas and does not remove any agricultural land from
production.
B. Section 23-2-230.6.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-10 - Intent, states, in part: "The A (Agricultural) Zone
District is intended to provide areas for the conduct of agricultural
activities and activities related to agriculture and agricultural
production without the interference of other, incompatible land
uses." This provision allows the applicant to apply for the USR.
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 provision allows for the restaurant (commercial cafeteria)
component for Aurora Organic Dairy employees.
3) Section 23-3-210.D.2 states: "Restaurants with outdoor seating
capabilities, provided that such outdoor areas are screened and do
not create a restaurant capacity of over one hundred (100)." This
provision allows for the commercial cafeteria and outdoor space to
be utilized when screened.
4) Section 23-3-210.D.5 states: "Offices with gross floor area larger
than three thousand (3,000) square feet." This provision allows for
an office space.
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C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent properties are being
used for agricultural purposes that range from a 4,500 -head dairy permitted
by USR-1602, a hog farm permitted by USR-278, which is no longer in
operation, farmland and rural residential. The Weld County Department of
Planning Services sent notice out to four (4) surrounding property owners
within 500 feet of the proposed USR boundary. Planning staff has not
received any letters of opposition or telephone calls from interested
persons regarding this permit.
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 not located within a three (3) mile referral area of
any municipality, nor is it located within any existing Intergovernmental
Agreement Area (IGA) or Coordinated Planning Agreement (CPA) areas.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The site is not located in the
A -P (Airport) Overlay District, Geologic Hazard Overlay District, Special
Flood Hazard Area, MS4 area or Regional Urbanization 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 proposed facility is located on approximately six (6) acres of
"Prime if they become irrigated," per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map. The site is currently not being
used for agricultural purposes. The proposed USR will not remove any
"prime irrigated" land from 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. This
recommendation is based, in part, upon a review of the application
materials submitted by the applicant, other relevant information regarding
the request, and responses from referral entities.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Little Calf Ranch, LLC, for a Site Specific Development
Plan and Use by Special Review Permit, USR18-0117, for a Use permitted as a Use by Right,
Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts,
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(cafeteria) 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 Onsite Wastewater Treatment System, which is permitted as
SE -0000122, must be reviewed by a Colorado registered professional
engineer for business use. The review shall consist of observation of the
system and a technical review describing the system's ability to handle the
proposed hydraulic load. 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 or constructed, the system shall be brought into
compliance with current regulations.
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0117.
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 show and label the location of existing buildings.
5) The map shall delineate the existing landscaping in accordance
with Section 23-2-240.A.10 of the Weld County Code.
6) The applicant shall delineate on the map the trash collection areas.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
7) If applicable, the map shall delineate the site lighting in accordance
with Section 23-2-250.D of tiie Weld County Code.
8) If applicable, 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.
9) The map shall delineate the parking area for the vendors,
customers and/or employees, as well as all ADA parking in
accordance with Appendices 23-A and 23-B of the Weld County
Code.
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10) County Road 72 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
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 (60 feet)
on the site plan. The applicant must obtain an Access Permit in the
approved location(s) prior to construction.
12) The applicant shall show and label the approved tracking control on
the site plan.
13) The applicant shall show and label the drainage flow arrows.
14) 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) paper copy or 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 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. The approved access and tracking control shall be constructed prior to
on -site construction. This site requires 50 feet of road base or recycled
asphalt for tracking control.
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required prior to the start of construction.
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5. Prior to the issuance of the Certificate of Occupancy for the cafeteria:
A. An Onsite Wastewater Treatment System is required for the proposed
cafeteria and shall be installed according to the Weld County Onsite
Wastewater Treatment System Regulations.
B. A Colorado Retail Food license shall be obtained for the cafeteria from the
Consumer Protection Division of Weld County Environmental Health
Services.
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 plat
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 3rd day of April, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WEED COUNTY, COLQRADO
ATTEST: da,c(4)jC e4;41
Weld County Clerk to the Board
BY:
Deputy Clerk o the Board
APP AS TO FO
ounty orney
Date of signature: 14/9/ICI
arbara Kirkmeyer, Chair
Mike Freeman, Pro-Tem
Steve Moreno
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LITTLE CALF RANCH, LLC
USR18-0117
1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0117, is for
a use permitted as a Use By Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts, (cafeteria) 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 hours of operation for the office are 7:00 a.m. — 5:00 p.m., Monday — Friday, and
7:00 a.m. - 3:00 p.m., Saturday as stated in the application.
4. The hours of operation for the cafeteria are 5:00 a.m. — 3:00 p.m., Monday — Saturday, as
stated in the application.
5. The number of on -site, full-time employees for the office will be no more ten (10).
6. The number of on -site, full-time employees for the cafeteria will be no more than ten (10).
7. The parking area on the site shall be maintained.
8. 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.
9. The existing landscaping on the site shall be maintained.
10. Any outdoor patio area shall be screened from public rights -of -way.
11. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, C.R.S. §30-20-100.5, as amended) shall be stored and removed for final disposal in
a manner that protects against surface and groundwater contamination.
12. 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.
13. 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.
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14. 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.
15. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Onsite Wastewater Treatment Systems.
16. Any large -capacity septic system (a septic system with the capacity to serve 20 or more
persons per day) shall comply with the Underground Injection Control (UIC) Class V
Injection Well requirements of the Environmental Protection Agency (EPA).
17. Policy 6 of the Colorado Department of Public Health and Environment, Water Quality
Control Division's (WQCD) Regulations shall be adhered to for multiple septic systems on
a single parcel.
18. In the event the septic systems require a design capacity of 2,000 gallons or more of
sewage per day, the applicant shall adhere to the requirements of the Colorado
Department of Public Health and Environment, Water Quality Control Division's (WQCD)
Regulations.
19. 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.
20. The applicant shall comply with Colorado Retail Food Establishment Rules and
Regulations governing the regulation of food service establishments.
21. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
22. 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.
23. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
24. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
25. 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.
26. The property owner shall comply with all requirements provided in the executed
Improvements Agreement.
27. The Improvements Agreement for this site may be reviewed on an annual basis, including
a site visit and possible updates.
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
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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. 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.
30. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
31. 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.
32. 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.
33. 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.
34. 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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35. 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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