HomeMy WebLinkAbout20130131.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR12-0068, FOR A HOME BUSINESS (SADDLE, BRIDLE, AND LEATHER
GOODS SALES) IN THE A (AGRICULTURAL) ZONE DISTRICT - RICHARD AND
JOYCE VAN PROOSDY
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 16th day
of January, 2013, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Richard and Joyce Van Proosdy, 12490 County Road 1, Longmont,
Colorado 80504, for a Site Specific Development Plan and Use by Special Review Permit,
USR12-0068, for a Home Business (saddle, bridle, and leather goods sales) in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Being part of the NW1/4 SW1/4 of Section 31,
Township 3 North, Range 68 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, the applicants were 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.G (A. Policy 7.2) 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 compatible with the region." The business is located
in an existing outbuilding. Impacts on the surrounding area are
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minimal, as there will be no outside storage and only 15-25
customers a week are estimated to visit the site.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.P of the Weld County
Code allows Home Businesses as a Use by Special Review.
Section 23-2-230.B.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 and 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.
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-mile referral area of the
Town of Mead, Town of Firestone, City of Longmont and Boulder County.
The site is also located within the Intergovernmental 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 the referral
comments dated October 2, 2012, indicated no conflicts with its interests.
The Towns of Mead and Firestone and Boulder County did not provide
referral comments in regards to this case.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
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.
Effective April 25, 2011, building permits issued on the property will be
required to adhere to the fee structure of the County -Wide Road Impact
Fee Program. Effective April 25, 2011, 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.B.6 -- The applicants have 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.
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G. Section 23-2-230.6.7 — 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 Richard and Joyce Van Proosdy, for a Site
Specific Development Plan and Use by Special Review Permit, USR12-0068, for a Home
Business (saddle, bridle, and leather goods sales) 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 applicants shall address the requirements/concerns of the 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, for a 2,130 square -foot pole barn
building with a 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, and mechanical ventilation plans. All plans
shall be prepared by an architect or engineer, including any alterations
that have been completed to date without permits.
The existing vault shall be permitted and installed according to the Weld
County Individual Sewage Disposal System (I.S.D.S.) Regulations. The
Board waives the portion of the Code that requires an alarm on the vault.
In the event the applicants intend 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.
D. If exterior lighting is proposed, a Lighting Plan shall be submitted to the
Department of Planning Services, for review and approval.
E. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR12-0068.
2) The attached Development Standards.
3) The plat shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
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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 coming into contact with
other vehicles, walls, fences or plantings.
5) The applicants 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.
6) The parking area shall be indicated (one paved handicapped
parking space shall be indicated).
7) The approved Lighting Plan, if applicable.
2. Upon completion of Condition of Approval #1 above, the applicants 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 the Department of Planning Services. 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.
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.
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. 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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 16th day of January, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD CQt Y, COLORADO
Weld County Clerk to the Board
BY:
De
APP
ounty Attorney
Date of signature:
ike Freeman
Barbara Kirkmeyer
cast --,4/1-c—/
er, Pro-Tem
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
RICHARD AND JOYCE VAN PROOSDY
USR12-0068
1. A Site Specific Development Plan and Use by Special Review Permit, USR12-0068, is
for a Home Business (saddle, bridle and leather good sales) in the A (Agricultural) Zone
District.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. 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.
4. The hours of retail operations shall be limited to 10:00 a.m. — 6:00 p.m., Monday thru
Saturday; and 12:00 p.m. — 5:00 p.m., Sunday, as stated in the application materials.
5. 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.
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, Section 30-20-100.5, C.R.S.
7. 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 the approved Waste
Handling Plan, at all times.
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.
9. 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.
10. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
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11. Adequate drinking, hand washing and toilet facilities shall be provided for employees
and patrons of the facility, at all times. For ten (10) or less customers or visitors per day,
and two (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.
12. The operation shall comply with all applicable rules and regulations of the state and
federal agencies and the Weld County Code.
13. 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.
14. Buildings and structures shall conform to the requirements of the various codes adopted
at the time of permit application. Currently, the following have been adopted by Weld
County: 2012 International Building Code, 2012 International Mechanical Code, 2012
International Plumbing Code, 2006 International Energy Code, 2012 International Fuel
Gas Code, 2011 National Electrical Code, 2003 ANSI 117.1 Accessibility Code, and
Chapter 29 of the Weld County Code.
15. A plan review shall be approved and a permit must be issued prior to the start of
construction.
16. Effective April 25, 2011, building permits issued on the property will be required to
adhere to the fee structure of the County -Wide Road Impact Fee Program.
17. Effective April 25, 2011, 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.
18. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
19. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 off 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 and no colored lights may be used which may be confused with, or
construed as, traffic control devices.
21. Should noxious weeds exist on the property or become established as a result of the
proposed development, the applicants/landowners shall be responsible for controlling
the noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
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22. 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
23. The historical flow patterns and runoff amounts will be maintained on the 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 runoff rate and velocity increases,
diversions, concentration and/or unplanned ponding of storm runoff.
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 owners or operators 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. 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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