HomeMy WebLinkAbout20100780.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1724 FOR A HOME BUSINESS (PARKING OF ONE SEMI-TRUCK AND
TWO TRAILERS) IN THE A (AGRICULTURAL) ZONE DISTRICT - CODY AND RANA
PICKERING
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 21st day
of April, 2010, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Cody and Rana Pickering, 9131 Apache Road, Longmont, Colorado
80504, for a Site Specific Development Plan and Use by Special Review Permit#1724 for a
Home Business (parking of one semi-truck and two trailers) in the A (Agricultural) Zone District,
on the following described real estate, being more particularly described as follows:
Lot 24 of Casagrande Estates Subdivision,
1st Addition; located in Section 17, Township 2
North, Range 67 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.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
Conditions of Approval and Development Standards will ensure that the
proposed use will be compatible with the surrounding properties, which
are primarily residential in nature. Section 23-2-240.A.10 of the Weld
County Codes states, "...that buffering or screening of the proposed use
LL : FL, 63, l L mot/ 2010-0780
S-3 O
PL2044
SPECIAL REVIEW PERMIT#1724-CODY AND RANA PICKERING
PAGE 2
from adjacent properties may be required in order to make the
determination that the proposed use is compatible with the surrounding
uses."
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 (parking of one semi-truck and two
trailers) in the A (Agricultural) Zone District. Currently the property is in
violation (ZCV09-00227), for the additional one semi-truck and two trailers
without an approved and recorded Use by Special Review (USR) permit.
Upon approval of this USR permit, the violation will now be closed.
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 is zoned A (Agricultural), with
single-family residences in close proximity, with the closest residence
approximately 200 feet to the east. The property is located within the
three-mile referral area for the Towns of Firestone and Frederick. The
Weld County Department of Planning Services has not received a referral
response from the Towns of Firestone or Frederick, therefore, given the
minimal impact of the proposed use of one semi-truck and two trailers,
the use will be compatible with the surrounding 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 not located within an Intergovernmental
Agreement (IGA) area; however, it does lie within the three-mile referral
area for the Towns of Firestone and Frederick. The Weld County
Department of Planning Services has not received a referral response
from either Town. The surrounding area is residential in nature, with the
property being located within the Casagrande Estates Subdivision. The
Conditions of Approval and Development Standards will ensure that the
use will be compatible with existing 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 Program.
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
2010-0780
PL2044
SPECIAL REVIEW PERMIT #1724 -CODY AND RANA PICKERING
PAGE 3
proposed use. The subject site is classified as "Other," as delineated on
the "Important Farmlands of Weld County" map, dated 1979. The size of
the parcel is 6.9 acres, and it is currently developed as a residential
property, therefore, it is not conducive to farming.
g. Section 23-2-230.B.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 Cody and Rana Pickering, for a Site Specific
Development Plan and Use by Special Review Permit #1724 for a Home Business (parking of
one semi-truck and two trailers) 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-1724.
B. The attached Development Standards.
C. The plat shall be prepared in accordance with Section 23-2-260.D of the
Weld County Code.
D. The applicants shall delineate a water quality feature, in accordance with
the referral from the Department of Public Works, dated December 30,
2009.
E. Apache Road is a local paved subdivision road within Casagrande
Estates Subdivision, and requires 60 feet of right-of-way at full buildout.
There is presently 60 feet of right-of-way. All setbacks shall be measured
from the edge of the right-of-way. The applicants shall verify, and
delineate on the plat, the existing right-of-way and the documents
creating the right-of-way. This road is maintained by Weld County.
2. Upon completion of Condition of Approval #1 above, the applicant 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
applicants 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 applicants shall be responsible for paying the
recording fee.
2010-0780
PL2044
SPECIAL REVIEW PERMIT#1724 - CODY AND RANA PICKERING
PAGE 4
3. 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 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 21st day of April, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: •
j.i' las ademach> , •hair
Weld County Clerk to the Boa is , Ft +: 9 /
Q4 ,i Para Kirkmey- , ro-Tem
BY:
De t Clerk the Board •
San . Conway
APPRO2 TO M: (41I1/
William F. Garcia
•
ounty Attorney EXCUSED
David E. Long
Date of signature: giNtrb
2010-0780
PL2044
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CODY AND RANA PICKERING
USR-1724
1. A Site Specific Development Plan and Use by Special Review Permit #1724 is for a
Home Business (parking of one semi-truck and two trailers) 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 hours of operation for hauling are from 5:00 a.m., to 7:00 p.m., Monday through
Friday.
4. No employees are allowed on the site.
5. 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.
6. Any vehicle washing areas shall capture all effluent and prevent discharges in
accordance with the Rules and Regulations of the Water Quality Control Commission,
and the Environmental Protection Agency.
7. 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.
8. 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.
9. 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.
10. 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.
11. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
12. 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.
2010-0780
PL2044
DEVELOPMENT STANDARDS - CODY AND RANA PICKERING (USR-1724)
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. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
15. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
16. 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.
17. 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.
18. 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.
19. 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 require building
permits; however, a Certificate of Compliance must be filed with the Department of
Planning Services 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.
20. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application.
21. All building plans shall be submitted to the Frederick—Firestone Fire Protection District,
for review and approval, prior to issuance of building permits.
22. 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.
23. 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
2010-0780
PL2044
DEVELOPMENT STANDARDS - CODY AND RANA PICKERING (USR-1724)
PAGE 3
are permitted. Any other changes shall be filed in the office of the Department of
Planning Services.
24. 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.
25. 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.
2010-0780
PL2044
Hello