HomeMy WebLinkAbout20100268.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1694 FOR A HOME BUSINESS (STORAGE OF CONSTRUCTION
MATERIALS) IN THE A (AGRICULTURAL) ZONE DISTRICT- KEITH THOENE
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 10th day
of March, 2010, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Keith Thoene, 1601 County Road 49, Hudson, Colorado 80642, for a
Site Specific Development Plan and Use by Special Review Permit#1694 for a Home Business
(storage of construction materials) in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
Lot B of Recorded Exemption #3050; being part of
the E1/2 NE1/4 of Section 25, Township 1 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicant was present at said hearing, 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.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
site currently has one pole barn and a single family residence
(BCR09-00286). The pole barn will house a majority of the materials
associated with the business, and any outdoor storage of material will be
located within a screened area. The property is serviced by a domestic
well and an Individual Sewage Disposal System. The surrounding
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SPECIAL REVIEW PERMIT#1694 - KEITH THOENE
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properties are zoned A (Agricultural) and there are nine property owners
within 500 feet of 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.O allows for a Home
Business in the A (Agricultural) Zone District.
c. Section 23-2-230.8.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The surrounding
properties are zoned A (Agricultural), with few homes in close proximity
and a landscaping tree farm located southwest of the site. The proposed
use will be compatible with the region, since the majority of the materials
associated with the business will be stored inside and any outdoor
storage of materials will be located in a screened area. The property is
located within the three-mile referral area for the Town of Hudson and
Adams County. The Town of Hudson, in the referral dated March 11,
2009, stated that it has reviewed the request and finds no conflicts with its
interests. No comments were received from Adams County.
d. Section 23-2-230.8.4 -- 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 Conditions of Approval and Development Standards
will ensure that the use will be compatible with existing surrounding land
uses. The majority of the materials stored on the site will be kept inside
the pole barn, and a small amount of outdoor materials will be kept in a
screened area.
e. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. Effective January 1, 2003, building
permits issued on the proposed lot will be 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.
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 subject site is primarily classified as "prime if
irrigated", "prime", and "other" land, as delineated on the Important
Farmlands of Weld County Map, dated 1979. This proposal is to be
conducted within the existing structures on the site and will not affect the
agricultural use of the property.
g. Section 23-2-230.B.7 — There are adequate provisions for the protection
of health, safety, and welfare of the inhabitants of the neighborhood and
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County. 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 will 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 Keith Thoene, for a Site Specific Development
Plan and Use by Special Review Permit #1694 for a Home Business (storage of construction
materials) 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 address the requirements of the Department of Public
Works, as stated in the referral response dated March 24, 2009. Written
evidence of such shall be submitted to the Department of Planning
Services.
B. The applicant shall address the requirements of the Department of
Building Inspection, as stated in the referral response dated March 31,
2009. Written evidence of such shall be submitted to the Department of
Planning Services.
C. The applicant shall enter into a Private Improvements Agreement
According to Policy Regarding Collateral for Improvements and post
adequate collateral for all transportation (access drive, parking areas,
etcetera) and non-transportation (fencing, screening, signage, etcetera)
improvements. The agreement and form of collateral shall be reviewed
by County staff and accepted by the Board of County Commissioners
prior to recording the plat. Alternately, the applicant may submit evidence
that all the work has been completed and reviewed and accepted by the
Departments of Planning Services and Public Works.
2. The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled USR-1694.
B. The attached Development Standards.
C. County Road 49 is designated on the Weld County Road Classification
Plan as a strategic roadway, which requires 140 feet of right-of-way.
There is presently 60 feet of right-of-way. The applicant shall verify and
delineate the existing and future right-of-way on the plat.
D. County Road 6 is designated on the Weld County Road Classification
Plan as a local gravel road, which requires 60 feet of right-of-way. There
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is presently 60 feet of right-of-way. The applicant shall verify and
delineate on the plat the existing right-of-way.
E. Any outdoor storage, which shall be appropriately screened.
F. The plat shall be prepared in accordance with Section 23-2-260.D of the
Weld County Code.
G. Any outside lighting, which shall adhere to Section 23-2-160.U.6 of the
Weld County Code.
3. Upon completion of Conditions of Approval #1 and #2 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 thirty (30) days from the date of the Board of County Commissioners
Resolution. The applicant shall be responsible for paying the recording fee.
4. In accordance with Weld County Code Ordinance #2005-7 approved June 1,
2005, should the plat not be recorded within the required thirty (30) days from the
date of the Board of County Commissioners Resolution, a $50.00 recording
continuance charge shall be added for each additional three (3) month period.
5. 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.
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 plat
is ready to be recorded in the office of the Weld County Clerk and Recorder.
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SPECIAL REVIEW PERMIT#1694 - KEITH THOENE
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 10th day of March, A.D., 2010.
E H BOARD OF COUNTY COMMISSIONERS
'a Oi ELD COUNTY, COLORADO
ATTEST: 8, ` .' ��� , > rrs . 1�...,e —
a � h D j .la- Rade = er,�2hair
Weld County Clerk to the Bo.
i
B a �� ` 1 1 ' - - bara Kirkmeyer Pro-Tem
De u y Cler the Board 1
canP. C -'
APPR AS T, •
'
/ /" Will' F. Garcia,—
ounty Attorney 4, C Cl. t
David . Long /
Date of signature: 3 I!7I I U
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
KEITH THOENE
USR#1694
1. A Site Specific Development Plan and Use by Special Review Permit #1694 is for a
Home Business (storage of construction materials — steel doors and frames) in the
A (Agricultural) Zone District and is subject to the Development Standards stated
hereon.
2. Approval of this permit may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The hours of operation are daylight hours, Monday through Friday.
4. No employees are allowed on the site.
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 which 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 which controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions.
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
Commercial Zone District, as delineated in Section 14-9-30 of the Weld County Code.
10. 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 Systems.
11. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
12. This facility proposes a well as its source of water. The applicant shall be made aware
that it may be possible to obtain a well permit from the Office of the State Engineer,
Division of Water Resources, the quantity of water available for usage may be limited to
specific uses, i.e. domestic use only, etcetera. Also, the applicant shall be made aware
that groundwater may not meet all drinking water standards, as defined by the Colorado
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Department of Public Health and Environment. The Department of Public Health and
Environment strongly encourages the applicant to test the drinking water prior to
consumption, and periodically thereafter.
13. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the
Colorado Department of Public Health and Environment, Water Quality Control Division.
14. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
15. Effective January 1, 2003, building permits issued on the lot will be required to adhere to
the fee structure of the County-Wide Road Impact Fee Program.
16. 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.
17. The property owner shall allow any mineral owner the right of ingress or egress for the
purposes of exploration, development, completion, recompletion, re-entry, production
and maintenance operations associated with existing or future operations located on
these lands.
18. The site shall adhere to the Lighting regulations as outlined in Section 23-2-160.U.6 of
the Weld County Code.
19. The applicant shall adhere to the approved Screening Plan.
20. No parking or staging is allowed on County roads.
21. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
22. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
23. Building permits shall be obtained prior to the construction of any building. Buildings
which meet the definition of an Agricultural Exempt Building, per the requirements of
Sections 29-1-20 and 29-3-20.6.13 of the Weld County Code, do not need building
permits; however, a Certificate of Compliance must be filed with the Planning
Department and an electrical and/or plumbing permit is required for any electrical service
to the building or water for watering or washing of livestock or poultry.
24. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application.
25. All building plans shall be submitted to Hudson Fire Protection District, for review and
approval, prior to the issuance of building permits.
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26. 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.
27. 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.
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.
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