HomeMy WebLinkAbout20142955.tiff RESOLUTION
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR14-0037, FOR A HOME BUSINESS (DEFOE'S ROOFING COMPANY) AND FOR
ACCESSORY BUILDINGS WITH GROSS FLOOR AREA LARGER THAN FOUR
PERCENT (4%) OF THE TOTAL LOT AREA PER BUILDING ON LOTS 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 - RODNEY AND
TAMMY DE FOE
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 1st day of
October, 2014, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Rodney and Tammy De Foe, 15814 Good Avenue, Fort Lupton, CO
80621, for a home business (Defoe's Roofing Company) and for accessory buildings with gross
floor area larger than four percent (4%) of the total lot area per building on lots 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 3, Block 62, 2nd Aristocrat Ranchettes; being
part of Section 27, Township 2 North, Range 66
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.
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SPECIAL REVIEW PERMIT (USR14-0037) - RODNEY AND TAMMY DE FOE
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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 to bring
the property located within an agriculturally zoned subdivision and
the business located on the property since 1967, into compliance
through this Site Specific Development Plan and Special Use
Permit. The Weld County Department of Public Health and
Environment (WCDPHE), in the referral dated August 8, 2014,
states water is supplied by Aristocrat Ranchettes Water
(acct DEF362). Sewer is provided by an existing septic system
(G-19870053), which was sized for 4 bedrooms/ 8 people, and the
WCDPHE has no objections to the proposal. The Weld County
Engineering Development Review stated that this site is partially
within a state defined Municipal Separate Storm Sewer System
(MS4) area, which is a more urbanized area with state mandated,
higher water quality requirements. Existing and proposed sites
must provide an engineered Water Quality Design as part of the
planning process. A stamped and signed Water Quality Capture
Volume Narrative and pond calculation was provided by Alles,
Taylor & Duke, LLC, dated June 30, 2014. The submitted design
is acceptable for the MS4 area requirements. Referrals were sent
to the Weld County Sheriff's Office, Fort Lupton Fire Protection
District, Weld County Schools RE-8 (Fort Lupton) and Aristocrat
Water District. These entities either responded without concern or
did not respond to the referral request.
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.P allows for a Home Business in the
A (Agricultural) Zone District. Section 23-3-40.O allows for
accessory buildings with gross floor area larger than
four percent (4%) of the total lot area, per building, on lots in an
approved or recorded subdivision plat or part of a map or plan
field prior to adoption of any regulations controlling subdivisions.
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 in
Aristocrat Ranchettes, 2nd Filing, a residential subdivision consisting of
one (1) acre parcels. In the immediate area, residential structures are
located to the north, east and south. The adjacent parcel to the west is
currently vacant. Approximately 200 feet to the east are two (2) Special
Use Permits. USR-819 is for a Public Utility, Aristocrat Water; USR-822 is
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for a Livestock Confinement Operation allowing for 4.84 Animal Units in
1.0245 acres.
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 area of
the City of Fort Lupton. The City of Fort Lupton, in the referral comments
dated July 29, 2014, indicated no concerns.
E. Section 23-2-230.B.5 -- Building permits issued on the property will be
required to adhere to the fee structure of the County-Wide Road Impact
Fee Program. Building permits issued on the property will be required to
adhere to the fee structure of the 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 1.0 acres
of "Other Land," per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. The small urbanized parcels do not take
any prime agricultural land out of production.
G. Section 23-2-230.6.7 -- 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Rodney and Tammy De Foe, for a Site Specific
Development Plan and Use by Special Review Permit, USR14-0037, for a Home Business
(Defoe's Roofing Company) and for accessory buildings with gross floor area larger than
four percent (4%) of the total lot area per building on lots 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 plat:
A. The applicant shall submit a Waste Handling Plan, for approval, to the
Environmental Health Services Division of the WCDPHE. The plan shall
include at a minimum, the following:
1. A list of wastes which are expected to be generated on-site (this
should include expected volumes and types of waste generated).
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2. A list of the type and volume of chemicals expected to be stored
on the site.
3. The waste handler and facility where the waste will be disposed
of, including the facility name, address, and phone number.
B. The applicant shall submit a Lighting Plan to the Department of Planning
Services, for review and approval. Any lighting poles and lamps shall
comply with Section 23-3-360.F which states, in part, that: "any lighting
shall be designed, located, and operated in such a manner as to meet the
following standards: sources of light shall be shielded so that beams or
rays of light will not shine directly onto adjacent properties."
C. The applicant shall submit a Landscaping/Screening Plan to the
Department of Planning Services, for review and approval. All parking
areas shall be screened from adjacent properties and public
rights-of-way.
D. The applicant shall submit a Signage Plan to the Department of Planning
Services, for review and approval, if signage is desired. Signs shall be in
compliance with Chapter 23, Article IV, Division II and Appendices 23-C,
23-D and 23-E of the Weld County Code.
E. The applicant shall submit an updated Parking Plan to the Department of
Planning Services, for review and approval. This updated parking plan
shall show the dimensions of the drives and the parking stalls.
F. The plat shall be amended to delineate the following:
1) All sheets of the USR map shall be labeled USR14-0037.
2) The attached Development Standards.
3) The USR 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. Areas used for storage or trash collection
shall be screened from adjacent properties and public
rights-of-way. These areas shall be designed and used in a
manner that will prevent trash from being scattered by wind or
animals.
5. The approved Screening Plan.
6. The approved Lighting Plan.
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7. The approved Signage Plan.
8. The approved Parking Plan.
9. The applicant shall show the Water Quality Capture Volume pond
location on the USR map.
10. The applicant shall show the standard tracking control for access
onto gravel roads such as, class 6 road base or recycled base
across both lanes, at the access point.
11. The applicant shall contact the Weld County Department of Public
Works to determine if a culvert is necessary at any approved road
access point. If a drainage culvert is required, a 15-inch
Corrugated Metal Pipe (CMP) is Weld County's minimum size. If
the applicant chooses to place a larger culvert, the applicant shall
contact the Weld County Department of Public Works to
adequately size the culvert.
12. Good Avenue is designated on the Weld County Road
Classification Plan as a local gravel road, which requires 60 feet of
right-of-way at full buildout. The applicant shall verify and
delineate on the plat the existing right-of-way and the documents
creating the right-of-way. All setbacks shall be measured from the
edge of future right-of-way. This road is maintained by Weld
County.
13. The applicant shall show the approved access and label with the
approved access permit number AP14-00230.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
an electronic version (.pdf), or three (3) paper copies, of the plat to the Weld
County Department of Planning Services for preliminary approval. The plat shall
be prepared in accordance with the requirements of Section 23-2-260.D of the
Weld County Code. Upon approval of the plat, the applicant shall submit a Mylar
plat, along with all other documentation required as Conditions of Approval. The
Mylar plat and additional requirements shall be submitted within one hundred
twenty (120) days from the date of the Board of County Commissioners
Resolution. The Mylar plat shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. 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 added for each
additional three (3) month period.
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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. 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 1st day of October, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
ELD COUNTY RADO
P
ATTEST: [.s& Cd , , / ` ��c cti�l_ r
C�j/ G' .�C/Lo cC'�,�� Douglas ademacher, hair
Weld County Clerk to the Board ( . /
,� f�' USED
• ( "„ .ra Kirkmeyer, Pro-Tem
BY:
De i ut'Clerk to th= Board
P.
Conway
99PRO��VED AS "n -‘1
Mike Fr m
nty Attorney
iam F. Garcia
Date of signature: 10114
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
RODNEY AND TAMMY DEFOE
USR14-0037
1. The Site Specific Development Plan and Use by Special Review Permit is for a Home
Business (Defoe's Roofing Company) and for accessory buildings with gross floor area
larger than four percent (4%) of the total lot area per building on lots 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, 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 property shall maintain compliance with the Home Business definition as an
incidental Use to the principal permitted Use for gainful employment of the family
residing on the property, where such Use is conducted primarily within a dwelling unit or
accessory structure and principally carried on by the family resident therein; such Use is
clearly incidental and secondary to the principal permitted Use and shall not change the
character thereof.
4. The hours of operation shall be 6:00 a.m. — 10:00 p.m., Monday through Saturday, as
stated by the applicant.
5. The parking on the site shall be maintained in accordance with the approved Parking
Plan.
6. The signage on the site shall be maintained in accordance with the approved Signage
Plan.
7. The lighting on the site shall be maintained in accordance with the approved Lighting
Plan.
8. The screening on the site shall be maintained in accordance with the approved
Screening Plan.
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
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conditions. The applicant shall operate in accordance with the approved Waste Handling
Plan, at all times.
12. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The
facility shall be operated in accordance with the approved Dust Abatement Plan, at all
times.
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. Any septic system located on the property must comply with all provisions of the Weld
County Code pertaining to on-site Water Treatment Systems.
15. In the event the existing septic system is utilized for business use, the septic system
shall be reviewed by a Colorado registered professional engineer to determine if the
usage surpasses Septic Permit G-19870053 sizing limitations. 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 (WCDPHE). In the event the system is found to be inadequately sized or
constructed, the system shall be brought into compliance with current regulations.
16. The operation shall comply with all applicable rules and regulations of the state and
federal agencies and the Weld County Code.
17. 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.
18. The screening/landscaping/parking/signage/lighting on the site shall be maintained in
accordance with the approved Screening/Landscaping/Parking/Signage/Lighting Plans.
19. 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.
20. The historical flow patterns and runoff amounts will be maintained on the site.
21. Weld County is not responsible for the maintenance of on-site drainage related features.
22. This site is located in a State Designated, Municipal Separate Storm Sewer System
(MS4) Area which may trigger specific water quality requirements or other drainage
improvements if the lot develops further.
23. There shall be no parking or staging of vehicles on County roads. On-site parking shall
be utilized.
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24. 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.
25. A Commercial Building and Electrical Permit will be required, per Section 29-3-10 of the
Weld County Code, for any new structures, additions or renovation to any structures.
26. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
27. 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.
28. 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.
29. 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.
30. 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 plat and recognized at all times.
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