HomeMy WebLinkAbout20100513.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1726 FOR AN ACCESSORY BUILDING (A PROPOSED ADDITION TO AN
EXISTING GARAGE THAT WILL EXCEED FOUR PERCENT (4%) OF THE TOTAL
LOT AREA IN AN APPROVED OR RECORDED SUBDIVISION OR LOTS PART OF A
MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS
CONTROLLING SUBDIVISIONS, AS DETAILED IN SECTION 23-3-30 OF THE WELD
COUNTY CODE - UNION COLONY SUBDIVISION) AND A HOME BUSINESS
(PARKING OF TWO DUMP TRUCKS) IN THE A (AGRICULTURAL) ZONE
DISTRICT- OTONIEL GOLDMAN
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 24th 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 Otoniel Goldman, 703 East 16th Street, Greeley, Colorado 80631, for
a Site Specific Development Plan and Use by Special Review Permit#1726 for an Accessory
Building (a proposed addition to an existing garage that will exceed four percent (4%) of the
total lot area in an approved or recorded subdivision or lots part of a map or plan filed prior to
adoption of any regulations controlling subdivisions, as detailed in Section 23-3-30 of the Weld
County Code - Union Colony Subdivision) and a Home Business (parking of two dump trucks) in
the A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Part of Lot 3 of the Union Colony Subdivision;
located in the SW1/4NE1/4 of Section 9,
Township 5 North, Range 65 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, the applicant 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 23-2-230.6 of the Weld County Code as follows:
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SPECIAL REVIEW PERMIT#1726 -OTONIEL GOLDMAN
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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
uses in the conversion of traditional agricultural lands to other land uses."
The applicant is proposing to park a total of two (2) semi-trucks (one more
than the amount allowed as a Use by Right in the A (Agricultural) Zone
District). The applicant is proposing to park the trucks inside the garage
during the winter and bad weather conditions. The applicant is also
proposing an addition to an existing garage building that will exceed the
four percent (4%) lot coverage requirement for lots in a subdivision (this
parcel is located in Union Colony). This proposal will have little to no
impact on the surrounding area.
b. Section 23-2-230.8.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.O of the Weld County
Code provides for Home Businesses as a Use by Special Review in the
A (Agricultural) Zone District.
c. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The site is
immediately adjacent to residences to the south and a residence with
commercial vehicles to the east of the site. This property is located
approximately one-quarter mile to the east of the municipal limits for the
City of Greeley. The site is well-screened with fencing. This use meets
the intent of a 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 minimal impacts generated by the proposed USR, along with 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.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
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SPECIAL REVIEW PERMIT#1726-OTONIEL GOLDMAN
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municipalities. The site is located within the three-mile referral area for
the Cities of Greeley, Evans, and Garden City. The City of Greeley, in the
referral response received January 4, 2010, questioned whether the
proposed trucking business was an existing Non-conforming Use or a use
that is not currently allowed. Also, the City of Greeley requested that the
proposed materials for the addition match the materials of the existing
building. The City of Evans, in the referral response received
December 9, 2009, indicated no conflicts with its interests. No referral
response has been received from Garden City.
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. The site does
not lie within any Overlay Districts. 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 23-2-230.8.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. The proposed parcel is 1.5 acres in size and has an
existing residence and outbuilding.
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
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 Otoniel Goldman, for a Site Specific
Development Plan and Use by Special Review Permit #1726 for an Accessory Building
(a proposed addition to an existing garage that will exceed four percent (4%) of the total lot area
in an approved or recorded subdivision or lots part of a map or plan filed prior to adoption of any
regulations controlling subdivisions, as detailed in Section 23-3-30 of the Weld County Code -
Union Colony Subdivision) and a Home Business (parking of two dump trucks) 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 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.
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B. 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).
C. The applicant shall provide photographic evidence that the floor drain in
the garage has been sealed.
D. The applicant shall address the requirements of the Department of Public
Works, as stated in the referral received January 5, 2010. Written
evidence of such shall be provided to the Department of Planning
Services.
E. 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-1726.
4) East 16th Street is a local paved road which 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
future right-of-way. The edge of East 16th right-of-way shall be
indicated on the plat. This road is maintained by Weld County.
F. 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
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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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 24th day of March, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
p WELD COUNTY, COLORADO
ATTEST: /�'`
rs `< ,' I� r� Doug ademac r, Chair
Weld County Clerk to el'. 1♦�
,O �
EXCUSED
Barbara Kirkmeyer, Pro-Tem
Deputy Clerk the Bon� j�
Sean P ay
APFR0V D AS T1D
W • m F. Garcia
o my Attorney
David E. Long
Date of signature: 44/
/6
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
OTONIEL GOLDMAN
USR-1726
1. A Site Specific Development Plan and Use by Special Review Permit #1726 is for an
Accessory Building (a proposed addition to an existing garage that will exceed four
percent (4%) of the total lot area in an approved or recorded subdivision or lots part of a
map or plan filed prior to adoption of any regulations controlling subdivisions, as detailed
in Section 23-3-30 of the Weld County Code - Union Colony Subdivision) and a Home
Business (parking of two dump trucks) in the A (Agricultural) Zone District, and 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 vehicles and trailers associated with this use shall be currently licensed.
4. Outdoor storage associated with the Home Business shall be limited to two dump trucks.
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, 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. The 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. Adequate drinking, hand washing and toilet facilities shall be provided, at all times.
11. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
12. 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 (I.S.D.S.) Regulations.
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DEVELOPMENT STANDARDS - OTONIEL GOLDMAN (USR-1726)
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13. Well Permit #27837 is limited to domestic purposes; household purposes inside one
single-family dwelling, the watering of domestic animals, and the irrigation of not more
than 10,000 square feet of home gardens and lawn. Use of the domestic well for any
other purpose, such as commercial truck washing or dust control, is prohibited.
14. The application is proposing a well as its source of water, from domestic use only. 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 encouraged to test the drinking water prior to consumption and
periodically thereafter.
15. 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.
16. 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.
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. The applicant must take into consideration stormwater capture/quantity and provide
accordingly for Best Management Practices.
19. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
20. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
21. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
22. 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.
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
are permitted. Any other changes shall be filed in the office of the Department of
Planning Services.
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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.
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