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HomeMy WebLinkAbout20130133.tiffLAND USE APPLICATION SUMMARY SHEET Planner: Chris Gathman Case Number: USR12-0068 Hearing Date: December 19, 2012 Applicant: Richard Van Proosdy Site Address: 12490 County Road 1, Longmont, CO 80504 Request: A Site Specific Development and Use by Special Review Permit for a Home Business (saddle, bridle and leather good sales) in the A (Agricultural) Zone District. Legal Description: Part of the NW4SW4 of Section 31, T3N R68W of the 6th PM, Weld County, CO Location: East of and adjacent to County Road 1 and approximately 1.25 miles north of State Highway 119. Size of Parcel: Parcel Number: 1.08 Acres 1207 31 000004 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit are listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received responses from the following agencies: Without Comments: City of Longmont, Referral received October 2, 2012 With Comments: Weld County Public Works Department, Referral received October 30, 2012 Weld County Department of Public Health and Environment, Referral received October 29, 2012 Weld County Building Inspection Department, Referral received October 11, 2012 Weld County Zoning Compliance, Referral received October 10, 2012 The following agencies have not responded: Mountain View Fire Protection District Colorado Parks and Wildlife Longmont Soil Conservation District Town of Mead Town of Firestone Boulder County USR12-0068, Van Proosdy, Page 1 SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW COLORAL Planner: Chris Gathman Case Number: USR12-0068 Hearing Date: December 19, 2012 Applicant: Richard Van Proosdy Site Address: 12490 County Road 1, Longmont, CO 80504 Request: A Site Specific Development and Use by Special Review Permit for a Home Business (saddle, bridle and leather good sales) in the A (Agricultural) Zone District. Legal Description: Part of the NW4SW4 of Section 31, T3N R68W of the 6th PM, Weld County, CO Location: East of and adjacent to County Road 1 and approximately 1.25 miles north of State Highway 119. Size of Parcel: 1.08 acres Parcel Number: 1207 31 000004 SUMMARY: This Use by Special Review Permit is for a Home Business (saddle, bridle and leather goods sales). Two employees (the owners) are associated with this business. An active Zoning Violation (ZCV12-00116) was noted. This violation was initiated due to the operation of a saddle and tack business without first completing the necessary Weld County Zoning Permits. Due to records release laws, staff no longer tracks complainant information, but please be aware it is staff's policy to no longer accept staff initiated complaints. This application if approved by the Board of County Commissioners and once a plat is recorded will correct the violation. If this application is denied, the saddle and tack store shall be removed from the property within 30 (thirty) days of denial or the violation will proceed in court accordingly. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST 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 Department of Planning Services' staff that the applicant has shown compliance with Section 23-2-220 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. Section 22-2-150D.A Goal 4 states: "Conversion of agricultural land to nonurban residential, commercial and industrial uses will be accommodated when the subject site is in an area that can support such development. Such development shall attempt to be USR12-0068, Van Proosdy, Page 2 compatible with the region." The business is located in an existing outbuilding. Impacts on the surrounding area is minimal as there will be no outside storage and only 15-25 customers a week are estimated to visit the site. B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the Agricultural (A) Zone District. Section 23-3-40.P of the Weld County Code allows Home Businesses as a Use by Special Review. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The property is located in a rural residential area Four (4) single family residences are located immediately to the north, west and east of the site. The impacts generated by this business are minimal. The business is located in an existing outbuilding (no outside storage) and the amount of traffic generated by the business (15-25 customers per week) will generate little to no impact on surrounding properties. No e -mails, phone calls or correspondence have been received from surrounding property owners regarding this application. D. Section 23-2-220.A.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 3 -mile referral area of the Town of Mead, Town of Firestone and City of Longmont and Boulder County. The site is also located within the Coordinated Planning Agreement area (IGA) for the City of Longmont. The City of Longmont is located immediately to the west of the site. The City of Longmont, in their referral comments dated October 2, 2012 indicated no conflicts with their interests. The Towns Mead and Firestone and Boulder County did not provide referral comments in regards to this case. E. Section 23-2-220.A.5 -- The application complies with Article V of the Weld County Code. The site is not located within a special flood hazard area, geologic hazard area or airport overlay district. The existing site is within the County Road Impact Fee Area and the Capital Expansion Impact Fee area. Effective April 25, 2011, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2011- 2) Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2) F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The subject site is classified as "Prime" as delineated on the Important Farmlands of Weld County map, dated 1979. The site is covered by an existing residence and outbuildings and is only 1.08 acres in size. G. Section 23-2-220.A.7 — There is adequate provisions for the protection of 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. USR12-0068, Van Proosdy, Page 3 The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. Prior to recording the plat: A. The applicant shall address the requirements (concerns) of Weld County Department of Building Inspection, as stated in the referral response dated October 11, 2012. A building permit will be required for a change of use for permit BP35585, 2130 sq ft pole barn building with concrete floor used for storage of motor home and farm shop to an M Occupancy, Mercantile. A building permit application must be completed with a code analysis, compete floor plan including accessibility and life safety, mechanical ventilation plans all plan shall be prepared by a architect or engineer, any alteration that have been completed to date without permits. (Department of Building Inspection) B. The existing vault shall be permitted and installed according to the Weld County Individual Sewage Disposal Regulations and connected to an appropriately permitted individual sewage disposal system sized for the business. Alternatively, the existing vault shall be properly abandoned. (Department of Public Health and Environment) C. In the event the applicant intends to utilize the existing septic system at the home, for business use, the septic system shall be reviewed by a Colorado Registered Professional Engineer. 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. (Department of Public Health and Environment) D. If exterior lighting is proposed, a lighting plan shall be submitted for review and approval by the Department of Planning Services. (Department of Planning Services) E. The plat shall be amended to delineate the following: 1. All sheets of the plat shall be labeled USR12-0068 (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 4. Parking spaces shall be equipped with wheel guards or curb blocks when necessary to prevent vehicles from extending beyond the boundary of the space and from coming into contact with other vehicles, walls, fences or plantings. (Department of Public Works) 5. 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 public rights -of -way and adjacent properties. These areas shall be designed and used in a manner that will prevent wind or animal scattered trash. (Department of Planning Services) 6. The parking area shall be indicated (one paved handicapped parking space shall be indicated). (Department of Public Works) 7. The approved lighting plan (if applicable). (Department of Planning Services) USR12-0068, Van Proosdy, Page 4 2. Upon completion of 1. above the applicant shall submit three (3) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. 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 applicant shall be responsible for paying the recording fee. (Department of Planning Services) 3. In accordance with Weld County Code Ordinance 2012-3 approved 6/12/2012, should the plat not be recorded within the required one -hundred twenty (120) days from the date the Board of County Commissioners resolution a $50.00 recording continuance charge shall added for each additional 3 month period. (Department of Planning Services) 4. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). Thisdigitalfilemaybesenttomaps@co.weld.co.us. (Department of Planning Services) 5. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) USR12-0068, Van Proosdy, Page 5 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Richard Van Proosdy USR12-0068 1. A Site Specific Development Plan and Special Review Permit for a Home Business (saddle, bridle and leather good sales) in the A (Agricultural) Zone District. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. This business shall operate under the criteria of a home business. The home business definition/criteria/requirements as defined in the Weld County Code are as follows: Home Business: An incidental use to the principal permitted use for gainful employment of the family residing on the property, where: a. Such use is conducted primarily within a dwelling unit or accessory structure and principally carried on by the family resident therein. b. Such use is clearly incidental and secondary to the principal permitted use and shall not change the character thereof. (Department of Planning Services) 4. The hours of retail operations shall be limited to 10:00 am — 6:00 pm Monday — Saturday and 12:00 pm — 5:00 pm Sunday as stated in the application materials. (Department of Planning Services) 5. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 6. 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, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment) 7. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The applicant shall operate in accordance with the approved "waste handling plan", at all times. (Department of Public Health and Environment) 8. 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. (Department of Public Health and Environment) 9. This facility shall adhere to the maximum permissible noise levels allowed in the Non -specified Zone as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and Environment) 10. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment) USR12-0068, Van Proosdy, Page 6 11. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times. For 10 or less customers or visitors per day and 2 or less full time (40 hour week) employees, portable toilets 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. (Department of Public Health and Environment) 12. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 13. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if 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. All vegetation, other than grasses, needs to be maintained at a maximum height of 12 inches until the area is completely developed. (Department of Public Works) 14. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. (Department of Public Works) 15. Parking spaces shall be equipped with wheel guards or curb blocks when necessary to prevent vehicles from extending beyond the boundary of the space and from coming into contact with other vehicles, walls, fences or plantings. (Department of Public Works) 16. Buildings, structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2006 International Building Code; 2006 International Mechanical Code; 2006 International Plumbing Code: 2006 International Energy Code; 2006 International Fuel Gas Code; 2011 National Electrical Code; 2003 ANSI 117.1 Accessibility Code the 2006 International Plumbing Code. and Chapter 29 of the Weld County Code. (Department of Building Inspection) 17. A plan review shall be approved and a permit must be issued prior to the start of construction. (Department of Building Inspection) 18. Effective April 25, 2011, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2011-2) 19. Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2) 20. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 21. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, 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 constructed as traffic control devices. (Department of Planning Services) 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. (Department of Public Works) USR12-0068, Van Proosdy, Page 7 24. 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. 25. The historical flow patterns and runoff amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. (Department of Public Works) 26. The 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. 27. 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. 28. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5- 102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all USR12-0068, Van Proosdy, Page 8 emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. USR12-0068, Van Proosdy, Page 9 November 26, 2012 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: cgathman@co.weld.co.us PHONE: (970) 353-6100, Ext. 3537 FAX: (970) 304-6498 RICHARD & JOYCE VAN PROOSDY 12490 COUNTY ROAD 1 LONGMONT, CO 805049575 Subject: USR12-0068 - A Site Specific Development and Use by Special Review Permit for a Home Business (saddle, bridle and leather goods sales) in the A (Agricultural) Zone District. On parcel(s) of land described as: PART NW4SW4 SECTION 31, T3N, R68W of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on December 18, 2012, at 1:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on January 16, 2013 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the staff report one week prior to the scheduled Planning Commission hearing. You may view the staff report at www.weldcountyplanningcases.orq If you have any questions concerning this matter, please call. Respectfully, Chris Gathman Planner Digitally signed by Kristine Ranslem Reason: I am the author of this document Date: 2012.1 1.26 1 1:09:52 07'00' DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: cgathman@co.weld.co.us PHONE: (970) 353-6100, Ext. 3537 FAX: (970) 304-6498 October 01, 2012 RICHARD & JOYCE VAN PROOSDY 12490 COUNTY ROAD 1 LONGMONT, CO 805049575 Subject: USR12-0068 - A Site Specific Development and Use by Special Review Permit for a Home Business (saddle, bridle and leather goods sales) in the A (Agricultural) Zone District. On parcel(s) of land described as: PT NW4SW4 SECTION 31, T3N, R68W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are complete and in order at this time. I will schedule a meeting with you at the end of the review period to discuss the referral comments received by our office. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the following Planning Commission(s) for their review and comments: Mead at Phone Number 970-535-4477 Longmont at Phone Number 303-651-8601 Firestone at Phone Number 303-833-3291 Please call the listed Planning Commissions, for information regarding the date, time and place of the meeting and the review process. It is recommended that you and/or a representative be in attendance at each of the meetings described above in order to answer any questions that might arise with respect to your application. If you have any questions concerning this matter, please call. Respectfully, Gt Chris Gathman Planner Digitally signed by Kristine Ranslem Location: 1555 N 17th Ave Date: 2012.10.01 12:55:50 -06'0O FIELD CHECK inspection dates: 11129/2012 APPLICANT: CASE #: REQUEST: LEGAL: LOCATION: Richard Van Proosdy USR12-0068 A Site Specific Development and Use by Special Review Permit for a Home Business (saddle, bridle and leather good sales) in the A (Agricultural) Zone District. Part of the NW4SW4 of Section 31, T3N R68W of the 6th PM, Weld County, CO. East of and adjacent to County Road 1 and approximately 1.25 miles north of State Highway 119. PARCEL ID #: 1207 31 000004 ACRES: 1.08 Acres Zoning Land Use N A N SF Residences E A E Lake S A S SF Residences W A W Vacant Land/City of Longmont COMMENTS: Existing residence and outbuildings located on site. Chris Gathman - Planner Ill Hello