HomeMy WebLinkAbout20101071.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1735 FOR A HOME BUSINESS (CUSTOM METAL WORKING STUDIO) IN
THE A (AGRICULTURAL) ZONE DISTRICT - FRED AND ELIZABETH DEERING,
CIO BRUCE AND SUSAN MACMILLAN
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 26th day
of May, 2010, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Fred and Elizabeth Deering, 1551 Larimer, Suite 1701, Denver,
Colorado 80202, c/o Bruce and Susan MacMillan, 18690 County Road 17, Johnstown, Colorado
80534, for a Site Specific Development Plan and Use by Special Review Permit#1735 for a
Home Business (custom metal working studio) in the A (Agricultural) Zone District, on the
following described real estate, being more particularly described as follows:
Lot A of Recorded Exemption #4643; being part of
the NW1/4 of Section 33, Township 4 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicants were represented by Bruce and Susan
MacMillan, 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.
Section 22-2-20.G (A.Policy 7.2) of the Weld County Code 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." Section 22-2-20.1 (A.Goal 9) of the Weld
County Code states, "Reduce potential conflicts between varying land
LC. : C-14 PI 1 L ti, f 2010-1071
-/1/"/0 PL2062
SPECIAL REVIEW PERMIT #1735 - FRED AND ELIZABETH DEERING, C/O BRUCE AND
SUSAN MACMILLAN
PAGE 2
uses in the conversion of traditional agricultural lands to other land uses."
Lot A is 5.2 acres in size, is not conducive to traditional mechanized
farming, and has no irrigation water. Further, the applicant is proposing
to utilize an existing outbuilding (barn) as an artisan's studio. Metalwork
will be done on a commission basis. One (1) to three (3) customers/
clients a month are anticipated to access the property. This use has no
outside employees and neither outside storage nor signage is proposed.
b. Section 23-2-220.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.0 of the Weld County
Code provides for Home Businesses as a Use by Special Review in the
A (Agricultural) Zone District.
c. Section 23-2-230.6.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The site has an
existing residence and three (3) outbuildings. No additional buildings or
structures will be required for this use. The site is located in a rural
agricultural area. The nearest residences are located approximately 500
feet to the west and 1,000 feet to the south of this site. An irrigation pivot
is located immediately to the northeast of the site. This use meets the
intent of the "Home Business" as defined in the Weld County Code. The
home business criteria outlined in Section 23-1-90 are:
1) The use is conducted primarily within a dwelling unit or accessory
structure and principally carried on by the family resident therein
and,
2) Such use is clearly incidental and secondary to the principal
permitted use and shall not change the character thereof.
The attached Conditions of Approval and Development Standards will
ensure that the proposed use is compatible with the surrounding area.
d. Section 23-2-230.6.4 -- 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. This site is located within the three-mile referral areas for
the Towns of Berthoud, Johnstown, and Milliken. The Town of Berthoud
indicated no conflict with its interests in the referral response received
January 20, 2010. No referral response has been received from the
Towns of Johnstown or Milliken.
e. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, Divisions 1, 2, 3, and 4 of the Weld County Code. Effective
January 1, 2003, building permits issued on the proposed lots will be
2010-1071
PL2062
SPECIAL REVIEW PERMIT #1735 - FRED AND ELIZABETH DEERING, CIO BRUCE AND
SUSAN MACMILLAN
PAGE 3
required to adhere to the fee structure of the County-Wide Road Impact
Fee Program. Effective August 1, 2005, building permits issued on the
subject site will be required to adhere to the fee structure of the Capital
Expansion Impact Fee and the Stormwater/Drainage Impact Fee
Programs. The site does not lie within any Overlay Districts.
f. 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 use is to be located in an existing outbuilding. No
agricultural land will be removed from production.
g. Section 23-2-230.6.7 -- The Design Standards (Section 23-2-240 of the
Weld County Code), Operation Standards (Section 23-2-250 of the Weld
County Code), Conditions of Approval, and Development Standards
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 Fred and Elizabeth Deering, c/o Bruce and
Susan MacMillan, for a Site Specific Development Plan and Use by Special Review
Permit#1735 for a Home Business (custom metal working studio) 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 Weld County Department
of Public Health and Environment. Evidence of approval shall be
submitted to the Department of Planning Services. The plan shall
include, at a minimum, the following:
1) A list of the wastes which are expected to be generated on the site
(this should include expected volumes and types of waste
generated).
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 address the requirements of the Weld County
Department of Building Inspection, as stated in the referral received
January 27, 2010. Proper building permits shall be applied for to change
the use of the existing agricultural exempt barn to a custom metal work
2010-1071
PL2062
SPECIAL REVIEW PERMIT #1735 - FRED AND ELIZABETH DEERING, C/O BRUCE AND
SUSAN MACMILLAN
PAGE 4
studio. Evidence of such shall be provided to the Department of Planning
Services.
C. The plat shall be amended to delineate the following:
1) The plat shall comply with Section 23-2-260.D of the Weld County
Code.
2) The attached Development Standards.
3) All sheets of the plat shall be labeled USR-1735.
4) County Road 17 is a major arterial road, which requires 140 feet
of right-of-way at full buildout. There is presently 60 feet of
right-of-way. This road is maintained by Weld County. Pursuant
to the definition of Setback in Section 23-1-90, the required
setback is measured from the future right-of-way line. The edge
of future right-of-way for County Road 17 shall be indicated on the
plat.
5) The vicinity map, per Section 23-2-260.D.4 of the Weld County
Code.
D. The applicant shall submit three (3) paper copies of the plat, for
preliminary approval, to the Weld County Department of Planning
Services.
2. Upon completion of Condition of Approval #1 above, 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 sixty
(60) days from the date of the Board of County Commissioners Resolution. The
applicant shall be responsible for paying the recording fee.
3. 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.
4. 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.
2010-1071
PL2062
SPECIAL REVIEW PERMIT #1735 - FRED AND ELIZABETH DEERING, C/O BRUCE AND
SUSAN MACMILLAN
PAGE 5
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 26th day of May, A.D., 2010.
E L/,�, BOARD OF COUNTY COMMISSIONERS
�EJELD CO COLORADO
ATTEST: ' t { �,:� . ti �� •G.��r• 7-- '
`C, t gl. s Radema er, Chair
Weld County Clerk to the Bo' Fees
�O S'SIXCUSED
Barbara Kirkmeyer, Pro-Tem
BY: CO
Depu f Clerk t i1 e Board EXCUSED
SI�>
ean! /
7 .1
APP D AS
Will' F. Garcia
County torney 1 oC
David E. Long
Date of signature: ON/I6
2010-1071
PL2062
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
FRED AND ELIZABETH DEERING,
C/O BRUCE AND SUSAN MACMILLAN
USR-1735
1. The Site Specific Development Plan and Use by Special Review Permit #1735 is for a
Home Business (custom metal working studio) in the A (Agricultural) Zone District, and
is 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 facility shall be operated by owners and family members, along with up to two (2)
outside employees.
4. 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 which protects against surface and groundwater contamination.
5. 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.
6. Waste materials shall be handled, stored, and disposed of in a manner which controls
fugitive dust, blowing debris, and other potential nuisance conditions.
7. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
8. The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone District, as delineated in Section 14-9-30 of the Weld County Code.
9. Adequate sanitation facilities shall be evaluated by the Weld County Department of
Public Health and Environment at the time that outside employees are hired.
10. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
11. 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
Individual Sewage Disposal System (I.S.D.S.) Regulations.
12. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes. The facility shall utilize the existing public water supply (Little Thompson
Water District).
2010-1071
PL2062
DEVELOPMENT STANDARDS - FRED AND ELIZABETH DEERING, C/O BRUCE AND
SUSAN MACMILLAN (USR-1735)
PAGE 2
13. Effective August 1, 2005, building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee Programs.
14. Effective January 1, 2003, building permits issued on the proposed lots will be required
to adhere to the fee structure of the County-Wide Road Impact Fee Program.
15. 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.
16. Parking areas and the access drive shall be surfaced with gravel, recycled asphalt, or
the equivalent, and shall be graded to prevent drainage problems.
17. A building permit shall be obtained for the Change of Use for any structure.
18. A plan is required for each building for which a building permit is required. Two
complete sets of plans are required when applying for each permit. Plans shall bear the
wet stamp from a Colorado registered architect or engineer. The applicant shall include
a Code Analysis Data sheet, from the Weld County Department of Building Inspection,
with each building permit. Submittal plans shall address all required structural,
mechanical, plumbing, electrical, and accessibility requirements, along with a floor plan
showing the specific uses for each area for the building.
19. All building plans shall be submitted to the Johnstown Fire Protection District, for review
and approval, prior to the issuance of the building permit.
20. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
21. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
22. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
23. Weld County Government personnel 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 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.
2010-1071
PL2062
DEVELOPMENT STANDARDS - FRED AND ELIZABETH DEERING, C/O BRUCE AND
SUSAN MACMILLAN (USR-1735)
PAGE 3
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
2010-1071
PL2062
Hello