HomeMy WebLinkAbout20163025.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR16-0024, FOR ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (MANUFACTURE/HANDCRAFT ORGANIC SKIN
CARE PRODUCTS, CATERING KITCHEN, OFFICE, EVENT CENTER FOR CLASSES,
RETREATS, WEDDINGS, DAY SPA, GREENHOUSE, RETAIL SALES AND
WAREHOUSE) 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; ONE (1)
SINGLE-FAMILY DWELLING UNIT PER LOT OTHER THAN THOSE PERMITTED
UNDER SECTION 23-3-20.A (SECOND SINGLE-FAMILY DWELLING UNIT); AND
MULTI -FAMILY DWELLINGS FOR PERSONS PRINCIPALLY EMPLOYED AT OR
ENGAGED IN FARMING, RANCHING OR GARDENING (6 -UNIT MULTI -FAMILY
DWELLING) IN THE A (AGRICULTURAL) ZONE DISTRICT - RENTCO, LLC, C/O LILY
FARM FRESH SKIN CARE
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 5th day of
October, 2016. at the hour of 10:00 a.m.. in the Chambers of the Board. for the purpose of hearing
the application of Rentco. LLC. P.O. Box 190. Henderson, CO 80640. c/o Lily Farm Fresh Skin
Care. 12480 East 124th Street. Henderson, CO 80640, for a Site Specific Development Plan and
Use by Special Review Permit. USR16-0024, for any Use permitted as a Use by Right. Accessory
Use, or Use by Special Review in the Commercial or Industrial Zone Districts
(manufacture/handcraft organic skin care products, catering kitchen, office, event center for
classes, retreats, weddings. day spa, greenhouse. retail sales and warehouse) 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: One (1) Single-family Dwelling Unit per lot
other than those permitted under Section 23-3-20.A (second single-family dwelling unit): and
Multi -family Dwellings for persons principally employed at or engaged in farming. ranching or
gardening (6 -unit multi -family dwelling) in the A (Agricultural) Zone District. on the following
described real estate, being more particularly described as follows:
Lot A of Recorded Exemption, RE -4232: being part
of the NE1/4 of Section 29. Township 1 North,
Range 64 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
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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.G (A.Goal 7) states: "County land use regulations
should protect the individual property owner's right to request a land
use change."
2) 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 applicant is requesting a USR for
the manufacture and sale of organic skin care products. The site
will be also used as an event center for classes, retreats. weddings,
and a day spa. The application materials state there will be a total
of 95,534.90 square feet of buildings. The primary residence
(apartment) will be part of the main building which will also include
a handcrafting (processing) area, retail. events center. and catering
kitchen. The second residence, about 800 square feet in size. will
be a detached single-family home. There will be a 6 -unit employee
housing shown on the USR map as building #E which will be
2,500 square feet in size. The application materials show a spa and
a pump house. both 1,000 square feet in size, and a greenhouse
2,500 square feet in size. As part of the future development of the
site, an 80,000 square -foot warehouse is proposed. The number of
employees, hours of operation, parking. landscaping. lighting and
signage have all been addressed to mitigate the impacts of the
facility on the adjacent properties. The subject site is in an area that
can support this development and is compatible with the region.
B. Section 23-2-230.B.2. -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Sections 23-3-40.S, 23-3-40.N,
23-3-40.M, and 23-3-40.X, allow for a Site Specific Development Plan and
Use by Special Review Permit for any Use Permitted as a Use By Right,
Accessory Use, or Use By Special Review in the Commercial or Industrial
Zone Districts (manufacture/handcraft organic skin care products. catering
kitchen. office, event center for classes. retreats, weddings, day spa.
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greenhouse, retail sales, and a warehouse) 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;
one (1) Single-family Dwelling Unit per lot other than those permitted under
Section 23-3-20.A (second single-family dwelling unit); and Multi -family
Dwellings for persons principally employed at or engaged in farming,
ranching or gardening (6 -unit multi -family dwelling) in the A (Agricultural)
Zone District.
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 Wild Animal Sanctuary is north and
east of and adjacent to the site. The closest residence is located southeast
of the site on the east side of CR 53 approximately 150 feet east of the site
and about one -quarter (1/4) mile from the main building. The Weld County
Department of Planning Services has received two letters of objection from
the surrounding property owners concerning this USR. The letters outline
concerns about traffic, litter, and the size of the business. The six (6)
Conditions of Approval and 27 Development Standards, as amended, will
address and mitigate issues of compatibility.
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 a three (3) mile referral area of
Adams County and is not within an Intergovernmental Agreement Area
(IGA) of any municipality. Adams County did not respond with referral
comments.
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 in a floodplain.
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.
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 approximately 29.00 acres of soils
designated as "Other- and approximately 6 acres of soils designated as
"High Potential Dry Cropland - Prime if they Become Irrigated," per the
1979 Soil Conservation Service Important Farmlands of Weld County Map.
The USR will not take any "Prime (Irrigated)" farmland out of production.
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). six (6) Conditions of Approval and 27 Development Standards will
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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 Rentco, LLC, c/o Lily Farm Fresh Skin Care. for a Site
Specific Development Plan and Use by Special Review Permit. USR16-0024. for any Use
permitted as a Use by Right. Accessory Use. or Use by Special Review in the Commercial or
Industrial Zone Districts (manufacture/handcraft organic skin care products, catering kitchen,
office, event center for classes, retreats, weddings, day spa. greenhouse, retail sales and
warehouse) provided that the property is not a lot in an approved or recorded subdivision plat or
pad of a map or plan filed prior to adoption of any regulations controlling subdivisions; One (1)
Single-family Dwelling Unit per lot other than those permitted under Section 23-3-20.A (second
single-family dwelling unit): and Multi -family Dwellings for persons principally employed at or
engaged in farming, ranching or gardening (6 -unit multi -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. A Final Drainage Report and Certification of Compliance stamped and
signed by a Professional Engineer registered in the State of Colorado is
required.
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR16-0024.
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 on the map 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 lighting.
6) All signs shall be shown on the map.
7) The map shall delineate the parking area.
8) County Road 53 is a paved road and is designated on the Weld
County Road Classification Plan as a local road which requires 60
feet of right-of-way at full buildout. The applicant shall delineate on
the site plan the existing right-of-way. All setbacks shall be
measured from the edge of right-of-way. This road is maintained
by Weld County.
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9) County Road 6 Section Line is shown to have 60 feet of
unmaintained section line right-of-way per the Weld County GIS
right-of-way map. The applicant shall delineate the existing
right-of-way on the site plan. All setbacks shall be measured from
the edge of right-of-way.
10) Show and label the approved accesses (AP16-00315). and the
appropriate turning radii on the site plan.
11) Show and label the section line Right -of -Way as: "CR 6 Section Line
Right -of -Way, not County maintained".
12) 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.
13) 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 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 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). This digital file may be sent to maps@co.weld.co.us.
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5. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to
on -site construction.
B. 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 5th day of October. A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: datiwt) � jdp;ok
Weld County Clerk to the Board
BY:
De
AP
Mike Freeman, Chair
Sean P. Conway. Pro-Tem
rbara Kirkmeye'r
Date of signature: IG1 L"
ounty Attorney �� �j �a �`y - Mi!)--ue,nevr
Steve Moreno
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
RENTCO, LLC, C/O LILY FARM FRESH SKIN CARE
USR16-0024
1 The Site Specific Development Plan and Use by Special Review Permit. USR16-0024, is
for any Use Permitted as a Use By Right. Accessory Use. or Use By Special Review in
the Commercial or Industrial Zone Districts (manufacture/handcraft organic skin care
products, catering kitchen. office. event center for classes. retreats. weddings. day spa,
greenhouse, retail sales, and a warehouse) 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; One (1) Single-family Dwelling Unit per lot
other than those permitted under Section 23-3-20.A. (second single-family dwelling unit);
and Multi -family Dwellings for persons principally employed at or engaged in farming,
ranching or gardening (6 -unit multi -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 parking area on the site shall be maintained.
4. All signs shall adhere to proposed signage shown on the USR map.
5. 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.
6. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
7 The historical flow patterns and runoff amounts on the site will be maintained.
8. Weld County is not responsible for the maintenance of on -site drainage related features.
9. 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.
10. 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.
11. 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.
12. Fugitive dust shall 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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13. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District, as delineated in Section 25-12-103, C.R.S.
14. Adequate drinking. handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. 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.
15. In the event the septic system requires a design capacity of 2,000 gallons or more of
sewage per day, the applicants shall adhere to the requirements of the Colorado
Department of Public Health and Environment, Water Quality Control Division's (WQCD)
Regulations.
16. A permanent. adequate water supply shall be provided for drinking and sanitary purposes.
The facility shall utilize the existing private water supply (permit 79178).
17. In the event the facility's water system serves more than 25 persons on a daily basis, the
water system shall comply with the Colorado Primary Drinking Water Regulations (5 CCR
1003-1). If not subject to these requirements, the Weld County Department of Public
Health and Environment strongly encourages well users to test their drinking water prior
to consumption and periodically thereafter.
18. The applicant shall comply with Colorado Retail Food Establishment Rules and
Regulations governing the regulation of food service establishments.
19. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
20. 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.
21. 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: 2012 International Codes,
2006 International Energy Code. 2014 and 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.
22. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
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23. 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.
24. 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.
25. 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.
26. 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.
27. 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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