HomeMy WebLinkAbout20101145 RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1734 FOR A HOME BUSINESS (FEED DISTRIBUTION BUSINESS) IN THE
A (AGRICULTURAL) ZONE DISTRICT-JIMMIE AND TAMARA JAMES
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 9th day of
June, 2010, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Jimmie and Tamara James, 7033 County Road 65, Keenesburg, Colorado
80643, for a Site Specific Development Plan and Use by Special Review Permit#1734 for a
Home Business (feed distribution business) in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
Lot A of Recorded Exemption #2158; being part of
the E1/2SE1/4 of Section 29, Township 2 North,
Range 63 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicants were 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 23-2-230.6.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
Section 22-2-20 (A.Goal 7) indicates the County land use regulations
should protect the individual property owner's right to request a land use
change. Section 22-2-20 (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
or reasonably obtainable. The proposed use is directly related to the
agricultural industry and supports the greater agricultural community. The
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SPECIAL REVIEW PERMIT#1734 -JIMMIE AND TAMARA JAMES
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business is located 150 feet from County Road 16 and 100 feet from
County Road 65 on a Recorded Exemption parcel. Adjacent parcels to
the north, east, and west are also Recorded Exemption parcels with
residences and outbuildings. The residence closest to the existing
structure is south of County Road 16 and is the original farm house on a
116 acre tract. The applicant indicates that there is no outdoor storage as
the feed is stored on pallets within an existing structure. Given that all
activities are conducted indoors after the delivery of product, the impacts
on the surrounding area have been minimized.
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 (feed distribution business) in the
A (Agricultural) Zone District. Currently, the property is in violation
(ZCV09-00299) for the presence of a feed and seed business without an
approved and recorded Use by Special Review (USR) permit. If the USR
permit is approved, the violation will be closed; however, if it is denied,
the violation case shall be forwarded to the County Attorney's office with a
delay of legal action for 30 days in order to give the applicant time to
ensure that the operation has been removed from the property.
c. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The surrounding
property to the north, south, east and west are zoned A (Agricultural) and
are primarily utilized for single family homes and agricultural uses.
Therefore, given the minimal impact of the proposed use (feed distribution
business), the use will be compatible with the surrounding agricultural
land uses. The applicant provided a letter of support signed by six
surrounding property owners indicating no opposition to the proposed
use.
d. Section 23-2-230.B.4 -- The uses which will be permitted will be
compatible with the 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 not located within an
Intergovernmental Agreement (IGA) area; however, it is located within the
three-mile referral area of the Town of Keenesburg. The Town of
Keenesburg, in the referral dated January 14, 2010, stated it has
reviewed the request and finds no conflicts. The surrounding area is
agricultural in nature with several residences in the area. The Conditions
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. The existing site is within the
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County-Wide Road Impact Fee Area and the Capital Expansion Impact
Fee Program area, but not in the Stormwater/Drainage Impact Fee area.
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 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 Program.
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. This size of the USR permit
boundary (4.37 acres) is currently developed, and therefore, is not
conducive to agricultural uses.
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 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 Jimmie and Tamara James, for a Site Specific
Development Plan and Use by Special Review Permit #1734 for a Home Business (feed
distribution business) 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. All sheets of the plat shall be labeled USR-1734.
B. The attached Development Standards.
C. County Road 65 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.
D. County Road 16 is designated on the Weld County Road Classification
Plan as a collector road, which requires 80 feet of right-of-way at full
buildout. There is presently 60 feet of right-of-way. An additional 10 feet
shall be delineated on the plat as future County Road 16 right-of-way. All
setbacks shall be measured from the edge of future right-of-way. 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.
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E. The plat shall be prepared in accordance with Section 23-2-260.D of the
Weld County Code.
F. 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 rights-of-way. These areas
shall be designed and used in a manner which will prevent trash from
being scattered by wind or animals.
2. The applicant shall address the requirements and concerns of the Weld County
Department of Building Inspection, as stated in the referral response dated
January 20, 2010. Evidence of such shall be submitted, in writing, to the Weld
County Department of Planning Services.
3. 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.
4. Upon completion of Conditions of Approval #1 through #4 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.
5. 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.
6. 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.
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7. 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of June, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
e sLaWELD COUNT , COLORADO
ATTEST r �y "L�'i' .4. 4's 0we SLY
y •' = uggffas Radem e cher Chair
Wel� �ounty Clerk to the B� ���L
, pee ,arbara Kirkmeyer, Pro-Tem
G�.dI/h5 BY: � ,[ ,L. � a'�l „ 7 �)
De. y Clerk t+ the Board
Sean CEri ay
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AM: lLWF. arda
David E. Long
Date of signature: to Se /I
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JIMMIE AND TAMARA JAMES
USR-1734
1. A Site Specific Development Plan and Use by Special Review Permit #1734 is for a
Home Business (feed distribution business) 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. 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.
8. 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.
9. Adequate drinking, hand washing and toilet facilities shall be provided at all times.
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 System (I.S.D.S.) Regulations.
11. This application proposes a well as its source of water. The applicant shall be made
aware that while 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 Department of Public Health and Environment. The applicant is strongly
encouraged to test the drinking water prior to consumption, and periodically thereafter.
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12. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
13. 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.
14. 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.
15. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
16. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
17. 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.
18. A building permit shall be obtained prior to the change of use, or construction of any new
structures.
19. A plan review is required for each building 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, provided by the Weld County Department of
Building Inspection, with each building permit application. Submittal plans shall include
a floor plan showing the specific uses of each area for the building. The Occupancy
Classification will be determined by Chapter 3 of the 2006 International Building Code.
The plans shall also include the design for fire separation and occupancy separation
walls, when required by Chapter 5 and 7 of the 2006 International Building Code. Fire
Protection shall conform to Chapter 9 and exiting requirements by Chapter 10.
20. 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 Mechanical Code, 2006 International
Plumbing Code, 2006 International Fuel Gas Code, 2008 National Electrical Code, and
Chapter 29 of the Weld County Code.
21. All building plans shall be submitted to Southeast Weld Fire Protection District, for
review and approval, prior to the issuance of building permits.
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
construed as, traffic control devices.
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23. There shall be no employees on the site, other than the property owners.
24. 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.
25. 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.
26. 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.
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. Prior to the Use by Special Review (USR) permit area being leased, transferred, or sold,
the applicant shall apply, in writing, and receive written approval in the appropriate
county land division process (recorded exemption, subdivision, planned unit
development, or subdivision exemption).
29. 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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