HomeMy WebLinkAbout20160003.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR15-0024, (FORMERLY KNOWN AS USR-845, FOR A 600 -HEAD
MAXIMUM CAPACITY DAIRY) TO INCLUDE ENCLOSED/COVERED AND OUTDOOR
SELF -STORAGE, A COMMUNITY GARDEN (COMMUNITY SUPPORTED
AGRICULTURE) AND ONE (1) SINGLE-FAMILY DWELLING UNIT PER LOT, OTHER
THAN THOSE PERMITTED UNDER SECTION 23-3-20.A (SECOND SINGLE-FAMILY
DWELLING) IN THE A (AGRICULTURAL) ZONE DISTRICT - LEGACY FARM, 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 6th day of
January, 2016, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Legacy Farm, LLC, 3003 East Harmony Road, Suite 400, Fort Collins, CO
80528, for a Site Specific Development Plan and Use by Special Review Permit, USR15-0024,
(formerly known as USR-845, for a 600 -head maximum capacity dairy) to include
enclosed/covered and outdoor self -storage, a community garden (Community Supported
Agriculture) and one (1) Single -Family Dwelling unit per lot, other than those permitted under
Section 23-3-20.A (second single-family dwelling) in the A (Agricultural) Zone District, on the
following described real estate, being more particularly described as follows:
Lot B of Recorded Exemption RECX15-0054;
located in part of the S1/2 NW1/4 of Section 18,
Township 6 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:
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
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purposes which enhance the economic health and sustainability of
agriculture."The proposed USR amendment will allow a community
garden (Community Supported Agriculture) encouraging the
growing and sale of agricultural crops and produce on site
(additionally the applicant has indicated that outside agricultural
products grown off -site will be brought to the site as well).
2) Section 22-2-20.B.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." The proposed Community
Garden will be located on an existing dairy site which is currently
covered with existing improvements (free -stall barn and animal
pens). Development Standards limiting hours of operation and
noise standards will address compatibility with the adjacent
residences to the east, west and south of the site.
3) Section 22-1-100.E (C.Goal 5) states: "Minimize the
incompatibilities that occur between commercial uses and
surrounding properties." The applicant is proposing
enclosed/covered and outdoor RV storage associated with this
USR amendment. The Department of Planning Services has
attached a Condition of Approval requiring the outdoor RV, boat and
vehicle storage component to be screened from adjacent properties
and public rights -of -way.
B. Section 23-2-230.6.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.B.16 allows Livestock
Confinement Operations as a Use by Special Review in the A (Agricultural)
Zone District. Section 23-3-40.W of the Weld County Code allows Uses
similar to the Uses listed above as Uses by Special Review (community
garden) as long as the Use complies with the general intent of the
A (Agricultural) Zone District. Section 23-3-40.S allows any Use permitted
as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (self -storage along with RV, boat
and vehicle storage), 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. Section 23-30-40.M of the Weld
County Code allows one (1) Single -Family Dwelling Unit per lot other than
those permitted under Section 23-3-20.A (a second single-family dwelling
on the parcel) 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 site is located adjacent to
three (3) existing single-family residences to the west and adjacent to an
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existing residential subdivision (located in the Town of Windsor) to the east.
Cropland is located to the north and a single family residence on a larger
parcel is located to the south. No phone calls, e -mails or letters have been
received from surrounding property owners in regards to this case.
Development Standards have been attached which address/limit hours of
operation and noise standards.
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 areas of the Town of
Severance, Town of Windsor and Larimer County. The Town of Severance,
in the referral comments, dated August 4, 2015, indicated they have no
concerns. The Town of Windsor, in the referral dated November 17, 2015,
requested the applicant address the comments in regard to screening,
lighting, paving and signage. No referral response has been received from
Larimer County regarding this case. The site is currently located within the
boundaries of the Weld County/Town of Windsor Coordinated Planning
Agreement boundary. However, this application was submitted before the
effective date of the Coordinated Planning Agreement.
E. Section 23-2-230.6.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. 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 55.64 acres
delineated as Prime (Irrigated) and Irrigated Land (Not Prime), per the 1979
Soil Conservation Service Important Farmlands of Weld County Map. The
majority of the site is delineated as Prime, with a narrow strip of land at the
western edge of the property delineated as Irrigated (Not Prime). With the
exception of the site of the future residence, the USR site is covered by
existing improvements, including a free -stall barn and animal pens.
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 Legacy Farm, LLC, for a Site Specific Development Plan
and Use by Special Review Permit, USR15-0024, (formerly known as USR-845, for a 600 -head
maximum capacity dairy) to include enclosed/covered and outdoor self -storage, a community
garden (Community Supported Agriculture) and one (1) Single -Family Dwelling unit per lot, other
than those permitted under Section 23-3-20.A (second single-family dwelling) 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 submit a written request to the Department of Planning
Services to vacate USR-845.
B. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR15-0024.
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.
Section 23 3-350.H of the Weld County Code addresses the issue
of trash collection areas.
5. The map shall delineate the existing landscaping and/or screening.
6. The map shall delineate the 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. County Road 68.5 is a paved road and is designated on the Weld
County Road Classification Plan as a collector road which requires
80 feet of right-of-way at full buildout. The applicant shall delineate
the future and existing right-of-way. If the existing right-of-way
cannot be verified it shall be dedicated. All setbacks shall be
measured from the edge of future right-of-way. This road is
maintained by Weld County.
9. The applicant shall show and label the approved accesses
(AP#15-00334), and turning radii, per engineering criteria. The
access located approximately 75 feet west of 17th Street shall be
closed per the approved Access Permit.
10. The applicant shall show and label the approved tracking control.
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11. The applicant shall show and label the accepted drainage features
and drainage flow arrows. Water quality features or stormwater
ponds should be labeled as "Water Quality Feature/Stormwater
Detention, No -Build or Storage Area," and shall include the
calculated volume.
12. The applicant shall show and label all recorded easements by book
and page number or reception number and date on the site plan.
13. Site improvements from the USR-845 plat.
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 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 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 CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or ArcGIS
Personal GeoDataBase (MDB). The preferred format for Images is .tif (Group 4).
(Group 6 is not acceptable). This digital file may be sent to maps@co.weld.co.us.
5. Prior to Release of Building Permits:
A. The application indicates the existing free -stall barn will be utilized for
vehicle and equipment storage. A Change of Use Building Permit will be
required.
6. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
B. The approved access and tracking control shall be constructed prior to
on -site construction.
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7. Prior to the issuance of the Certificate of Occupancy for the new residence:
A. An On -site Wastewater Treatment System is required for the proposed
residences and shall be installed according to the Weld County On -site
Wastewater Treatment System Regulations.
8. 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 January, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
V-Ididot) ..f.d.0;e4
Weld County Clerk to the Board
Cou y" Attorney
Date of signature: 1/6/i L
Mike Freeman, Chair
an P. Con ay, Pro-Tem
Steve Moreno
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LEGACY FARM, LLC
USR15-0024
1. The Site Specific Development Plan and Use by Special Review Permit, USR15-0024,
(formerly known as USR-845, for a 600 -head maximum capacity dairy) to include
enclosed/covered and outdoor self -storage, a community garden (Community Supported
Agriculture) and one (1) Single -Family Dwelling unit per lot, other than those permitted
under Section 23-3-20.A (second single-family dwelling) 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 hours of operation for the facility for special events are 7:00 a.m. to 9:30 p.m.,
Monday — Sunday.
4. Per the Weld County Code, any event or assembly which it is expected or anticipated that
attendance will exceed three -hundred -fifty (350) people, where such assembly continues
or can reasonably be expected to continue for three (3) or more consecutive hours, will
require a permit to hold the assembly from the Weld County Board of Commissioners. A
maximum of ten (10) events per year are allowed.
5. 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.
6. The existing landscaping/screening on the site shall be maintained.
7. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a
manner that protects against surface and groundwater contamination.
8. 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, Section 30-20-100.5, C.R.S.
9. 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.
10. Fugitive dust and fugitive particulate emissions should attempt to be confined on the
property. Uses on the property should comply with the Colorado Air Quality Commission's
air quality regulations.
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11. The facility shall maintain compliance with the Animal Feeding Operations (AFO) Control
Regulation (Regulation No. 61, 5 CCR 1002-18), Colorado Discharge Permit System
Regulations (Regulation No. 61), and Section 23-4-710 of the Weld County Code.
12. The facility shall comply with the composting section (Section 14) of the Regulation
Pertaining to Solid Waste Sites and Facilities, 6 CCR 1007-2, Part 1, if applicable.
13. This facility shall adhere to the maximum permissible noise levels allowed in the
Non -specified Zone District, as delineated in Section 14-9-30 of the Weld County Code.
14. The facility shall not discharge runoff or other waste waters to surface or groundwater with
exception to what is allowed by the Animal Feeding Operations Control Regulation.
15. Odors detected off the site shall not equal or exceed the level of fifteen -to -one dilution
threshold, as measured pursuant to Regulation 2 of the Colorado Air Pollution Control
Regulations. Additional controls shall be implemented at the request of the Weld County
Department of Public Health and Environment in the event odor levels detected off -site
meets or exceed the level of fifteen -to- one dilution threshold, or in the judgment of the
Weld County Health Officer, there exists an odor condition requiring abatement.
16. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. If the facility will be used on a seasonal basis (6 months
or less per year), or will have ten (10) or less customers per day, 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.
17. That facility shall be operated in a manner to control flies. Fly control measures shall be
implemented at the request of the Weld County Department of Public Health and
Environment in the event that flies, which can be determined to be associated with the
facility, are in such a number to be considered a nuisance condition. Fly control measures
shall be implemented in the event the Weld County Department of Public Health and
Environment receives a significant number of fly complaints associated with the facility,
and in the judgment of the Weld County Health Officer, there exists a fly condition requiring
abatement.
18. All pesticides, fertilizer, and other 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
manufacturer's recommendations.
19. Sewage disposal for the facility shall be by septic system. Any septic system located on
the property must comply with all provisions of the Weld County Code, pertaining to
On -site Wastewater Treatment Systems.
20. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
The facility shall utilize the existing public water supply.
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21. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
22. 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.
23. Should noxious weeds exist on the property, or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
24. The historical flow patterns and runoff amounts will be maintained on the site.
25. Weld County is not responsible for the maintenance of on -site drainage related features.
26. There shall be no parking or staging of vehicles on County roads. On -site parking shall be
utilized.
27. The site shall be maintained to mitigate any impacts to the public road including damages
and/or tracking control.
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: 2012 International Codes,
2006 International Energy Code, and 2011 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. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
30. 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.
31. 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.
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32. The property owner or operator shall be responsible for complying with all of 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.
33. 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 person moving into these areas must
recognize the various impacts associated with this development. Often times, 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.
34. 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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