HomeMy WebLinkAbout20101920.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1736 FOR A HOME BUSINESS (COLLINS CONSTRUCTION AND
TRUCKING) IN THE A (AGRICULTURAL) ZONE DISTRICT - JESSIE COGBURN,
C/O ROBERT COLLINS
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 25th day
of August, 2010, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Jessie Cogburn, 13473 County Road 17, Platteville, Colorado 80651,
c/o Robert Collins, 13187 County Road 17, Platteville, Colorado 80651, for a Site Specific
Development Plan and Use by Special Review Permit#1736 for a Home Business (Collins
Construction and Trucking) in the A (Agricultural) Zone District, on the following described real
estate, being more particularly described as follows:
Lot A of Recorded Exemption #5021; being part of
the SW1/4NE1/4 of Section 29, Township 3 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant, Robert Collins, 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.
Section 22-2-20.G (A.Goal 7) indicates County land use regulations
should protect the individual property owner's right to request a land use
change. Section 22-2-20.G.1 (A.Policy 7.1) indicates the County land use
regulations should support commercial and industrial uses that are
directly related to, or dependent upon, agriculture, to locate within the
agricultural areas, when the impact to surrounding properties is minimal,
or can be mitigated, and where adequate services are currently available
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SPECIAL REVIEW PERMIT#1736-JESSIE COGBURN, C/O ROBERT COLLINS
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or reasonably obtainable. Section 22-2-20.D (A.Goal 4) states, "Promote
a quality environment which is free of derelict vehicles, refuse, litter and
other unsightly materials." The Conditions of Approval and Development
Standards will ensure that the proposed use will be compatible with the
area. The surrounding property is primarily agricultural in nature with one
home in close proximity to the north. Section 23-2-240.A.10 of the Weld
County Codes states "...that buffering or screening of the proposed use
from adjacent properties may be required in order to make the
determination that the proposed use is compatible with the surrounding
uses." As a Condition of Approval, the applicant will be required to
demonstrate how the property, including the parking of various vehicles,
equipment, and construction materials stored on the site will be screened.
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 of the Weld County
Code allows for a Site Specific Development Plan and Use by Special
Review Permit for a Home Business in the A (Agricultural) Zone District.
The site currently has a single-family home, detached garage, and
components associated with a non-commercial junkyard. The
surrounding property is primarily agricultural in nature with a few homes
located in close proximity. The site is currently in violation
(ZCV09-00143) for the storage of commercial equipment and storage of
materials associated with the operation of a commercial business without
the necessary Weld County permits. The violation case has not been
presented to the Board of County Commissioners through the Violation
Hearing process. Approval of this permit and recording of the plat will
correct and close the violation. No comments were received from any
surrounding property owners.
c. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The surrounding
properties to the north, south, east, and west are zoned A (Agricultural)
and are primarily utilized for large tract agricultural uses. A Mineral
Resource Development Facility (USR-1219) is located to the northeast of
the property. Therefore, given the impact of the proposed use, an
approved Screening Plan, and a plan to remove several above-ground
storage tanks will be required, and the use will be compatible with the
surrounding agricultural land uses.
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 property is located within the three-mile referral area
of the Towns of Firestone and Mead. The Town of Firestone did not
return a referral response, and the Town of Mead, in the referral dated
February 8, 2010, indicated no conflict with its interests. The Conditions
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of Approval and Development Standards will ensure that the use will be
compatible with existing surrounding land uses.
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 lots 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 Irrigated
Farmlands of National Importance," as delineated on the Important
Farmlands of Weld County map, dated 1979. The size of the USR
boundary is two acres, and the site is currently developed, therefore, it is
not conducive to agricultural uses.
g. Section 23-2-230.B.7 — There are adequate provisions for the protection
of the health, safety, and welfare of the inhabitants of the neighborhood
and 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 Jessie Cogburn, c/o Robert Collins, for a Site
Specific Development Plan and Use by Special Review Permit #1736 for a Home Business
(Collins Construction and Trucking) in the A (Agricultural) Zone District, on the parcel of land
described above be, and hereby is, granted subject to the following conditions:
1. The plat shall be amended to delineate the following:
A. The plat shall be prepared in accordance with Section 23-2-260.D of the
Weld County Code.
B. All sheets of the plat shall be labeled USR-1736.
C. The attached Development Standards.
D. County Road 17 is classified by the County as a local gravel road, which
requires 60 feet of right-of-way at full buildout. The applicant shall verify
the existing right-of-way and the documents creating the right-of-way. If
the right-of-way cannot be verified, it shall be dedicated. The plat shall
delineate the existing right-of-way and the documents which created it.
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E. The applicant shall utilze the existing accesses to this parcel, as no
additional accesses shall be granted.
F. The area for the water quality feature shall be called out as "Reserved for
Drainage Area, No Build".
G. 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 right-of-ways. These areas
shall be designed and used in a manner which will prevent trash from
being scattered by wind or animals.
H. The "Fifth Wheel" mobile home shall be removed from the USR plat, as
this structure is not permitted as a storage unit for construction materials.
2. The applicant shall provide evidence that Recorded Exemption #5021 has been
submitted for recording, thereby creating a separate legal parcel.
3. The applicant shall complete the required construction and obtain a Certificate of
Occupancy and Building Permit (BCR10-00042) for the addition to the existing
dwelling, built in 1890, to attach a 9 x 12-foot wood frame breezeway to a
14 x 66-foot 1975 Champion block, and tied mobile home for use as a
recreational room. Evidence of such shall be submitted, in writing, to the Weld
County Department of Planning Services.
4. The applicant shall complete the required construction and obtain a Certificate of
Occupancy and Building Permit (BCR07-01472) for the agricultural exempt pole
barn. Should the pole barn be utilized for storage of commercial materials and
equipment, a Change of Use building permit will be required. Evidence of such
shall be submitted, in writing, to the Weld County Department of Planning
Services.
5. The applicant shall address the concerns expressed by the Department of Public
Health and Environment, specific to the referral dated April 26, 2010. Written
evidence of such shall be submitted to the Department of Planning Services.
A. The applicant shall submit a Dust Abatement Plan, detailing the on-site
dust control measures, for review and approval, to the Environmental
Health Services Division of the Weld County Department of Public Health
and Environment.
B. The applicant must receive a final inspection and approval from the
Environmental Health Services Division of the Department of Public
Health and Environment for septic permit number SP-1000094.
C. In the event the washing of vehicles will occur on the site, the applicant
shall ensure that any vehicle washing area(s) shall capture all effluent
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and prevent discharges from the washing of vehicles in accordance with
the rules and regulations of the Water Quality Control Commission and
the Environmental Protection Agency. Vehicle washing areas shall be
designated on the plat.
D. The applicant shall submit evidence of an Aboveground Storage Tank
Permit from the Colorado Department of Labor and Employment (CDLE),
Oil Inspection Section, for any aboveground storage tanks located on the
site. Alternately, the applicant may provide evidence from the CDLE, Oil
Inspection Section, that they are not subject to these requirements.
E. A signed copy of the Spill Prevention, Control, and Countermeasure Plan
shall be provided to the Environmental Health Services Division of the
Weld County Department of Public Health and Environment, in
accordance with Section 3-6-1 of the Colorado Department of Labor and
Employment, Division of Oil and Public Safety Storage Tank Regulations
(7 C.C.R. 1101-14) as well as EPA regulations (40 CFR Part 112).
F. 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. 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).
G. Any aboveground storage tanks and 55-gallon drums not recorded on the
plat must be removed and properly disposed of.
6. The applicant shall address the concerns expressed by the Department of Public
Works, specific to the referral dated February 24, 2010. Written evidence of
compliance shall be submitted to the Department of Planning Services.
7. The applicant shall address the concerns expressed by the Department of
Planning Services, in the Landscape referral dated February 4, 2010. Written
evidence of compliance shall be submitted to the Department of Planning
Services.
A. The transient mobile home (fifth wheel) currently utilized for the storage of
construction materials on the property does not meet the intent, nor is it
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able to be permitted under the Weld County Code, and therefore, it shall
be removed from the property.
8. The applicant shall submit a Private Improvements Agreement According to
Policy Regarding Collateral. The applicant shall submit itemized bids for all
improvements to the Department of Planning Services. The agreement and form
of collateral shall be reviewed by County staff, and accepted by the Board of
County Commissioners, prior to recording the Use by Special Review plat.
Alternately, the applicant may submit evidence that all the work has been
completed and approved by County staff.
9. Upon completion of Conditions of Approval #1 through #8 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.
10. In accordance with Weld County Code Ordinance #2005-7, approved June 1,
2005, should the plat not be recorded within the required sixty (60) 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.
11. 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.
12. 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 25th day of August, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: � � RECUSED
y, . � ���
J =� Do .las Rademacher C it
Weld County Clerk to B
1861 t ;�• _
arbara Kirkmeyer, o-Tem
BY:
Deputy Clerk to the '.'t� �n�jH1�� EXCUSED
Sean P. Conway
AP AS TO •
iam . G la
ounty A t rney � o> C c> b
David E. Long � I
Date of signature: /31/10 1Y'
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JESSIE COGBURN
CIO ROBERT COLLINS
USR-1736
1. A Site Specific Development Plan and Use by Special Review Permit #1736 is for a
Home Business (Collins Construction and Trucking) 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. 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.
4. 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.
5. 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.
6. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
7. Any vehicle washing area(s) shall capture all effluent and prevent discharges from drum
washing and the washing of vehicles, in accordance with the rules and regulations of the
Water Quality Control Commission and the Environmental Protection Agency.
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
Residential Zone District, as delineated in Section 14-9-30 of the Weld County Code.
10. Adequate drinking, hand washing, and toilet facilities shall be provided for 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 (Central Weld County
Water District, Account No. 102181).
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13. The Spill Prevention, Control, and Countermeasure Plan shall be available on the site, at
all times.
14. All potentially hazardous chemicals must be handled in a safe manner, in accordance
with product labeling, and in a manner which minimizes the release of hazardous air
pollutants and volatile organic compounds. All chemicals must be stored secure, on an
impervious surface, and in accordance with manufacturer's recommendations.
15. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the
Colorado Department of Public Health and Environment, Water Quality Control Division.
16. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
17. The applicant shall comply with all provisions of the State Underground and
Aboveground Storage Tank Regulations.
18. 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.
19. Building permits shall be obtained prior to the Change of Use of all structures, and for all
existing structures on the property requiring permits and which have not been permitted.
Certificate of Compliance permits for pole structures which meet the requirements as
Agricultural Exempt under Weld County definitions are required for all proposed new
structures and any existing structure for which permits were not obtained.
20. A plan review is required for each building or structure for which a building permit is
required. Two complete sets of plans are required when applying for each permit. The
applicant shall include a Code Analysis Data sheet from the Weld County Department of
Building Inspection for each structure which requires a permit. Submittal plans shall
include a floor plan showing the specific uses of each area for the building. Plans shall
bear the wet stamp of a Colorado licensed architect or engineer.
21. Buildings 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: 2006
International Building Code, 2006 International Residential Code, 2006 International
Mechanical Code, 2006 International Plumbing Code, 2006 International Fuel Gas Code,
2006 International Energy Code, 2003 ICC ANSI 117.1 Accessibility Code, 2008
National Electrical Code, and Chapter 29 of the Weld County Code.
22. All building plans shall be submitted to the Platteville Fire Department, for review and
approval, prior to the issuance of building permits.
23. 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.
24. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
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25. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
26. 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.
27. The site shall be maintained in accordance with the approved Screening Plan.
28. Hours of operation shall be from 6:00 a.m., to 5:00 p.m., Monday through Saturday.
29. The site shall be limited to no employees on the site, other than the property owners.
30. Parking areas and the access drive shall be surfaced with gravel, recycled asphalt, or
the equivalent, and shall be graded to prevent drainage problems.
31. The earthen berm near the access drive shall allow adequate sight distance in both
directions.
32. The roadside ditch shall be kept free of debris and fill from the berm. The applicant must
take stormwater capture/quantity into consideration and provide accordingly for Best
Management Practices.
33. 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.
34. 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.
35. 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.
36. 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.
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37. 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.
38. 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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