HomeMy WebLinkAbout20092699.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1707 FOR A HOME BUSINESS (PARKING OF TWO SEMI -TRUCKS AND
TRAILERS) IN THE A (AGRICULTURAL) ZONE DISTRICT - JOEL MENDEZ
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 23rd day
of September, 2009, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Joel Mendez, 8436 County Road 31, Fort Lupton, Colorado 80621, for
a Site Specific Development Plan and Use by Special Review Permit #1707 for a Home
Business (parking of two semi -trucks and trailers) in the A (Agricultural) Zone District, on the
following described real estate, being more particularly described as follows:
Lot A of Recorded Exemption #2176; being part of
the W1/2 SW1/4 of Section 25, Township 1 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the Board deemed it advisable to continue said matter to
October 21, 2009, to allow Planning Services staff adequate time to meet the sign posting
requirement, and
WHEREAS, on October 21, 2009, 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.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 (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
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SPECIAL REVIEW PERMIT #1707 - JOEL MENDEZ
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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, which is
one more than the amount allowed as a Use by Right in the
A (Agricultural) Zone District. The applicant is proposing to screen the
trucks with an opaque fence, thereby limiting the impacts generated by
this use.
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 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. Three (3) single
family residences are located approximately 200 to 400 feet from the
proposed use, to the south and east of the site; another single family
residence is located approximately 1,700 to the west of the site. The
property shares an access with the adjacent property owner to the south.
An existing transmission line is located across County Road 31. Vacant
grazing land is located to the north, and several Use by Special Review
Permits for dog kennel facilities are located to the west and south of the
site. Additionally, a livestock confinement operation for rabbits and
worms (approved under SUP -318) is to the west of the site (across
County Road 31).
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 attached Conditions of Approval (principally requiring the trucks to be
screened) 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
municipalities. This site is located within the three-mile referral area for
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SPECIAL REVIEW PERMIT #1707 - JOEL MENDEZ
PAGE 3
the City of Fort Lupton. No referral response has been received from the
City of Fort Lupton.
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. 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 23-2-230.8.5 -- The site does not lie within any Overlay Districts.
g
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 parcel is approximately twelve acres in size, with an
existing residence and outbuildings. No additional improvements are
proposed for this site.
h. 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
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 Joel Mendez, for a Site Specific Development
Plan and Use by Special Review Permit #1707 for a Home Business (parking of two semi -trucks
and 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. Prior to recording the plat:
A. The applicant shall submit a Dust Abatement Plan, detailing on -site dust
control measures, to the Environmental Health Services Division of the
Weld County Department of Public Health and Environment, for review
and approval.
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 wastes which are expected to be generated on the site
(this should include expected volumes and types of waste
generated).
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SPECIAL REVIEW PERMIT #1707 - JOEL MENDEZ
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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 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-1707.
4) Modify "10' RESERVED FOR FUTURE ROAD R.O.W." to read as
"EDGE OF FUTURE ROAD R.O.W."
D. 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 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.
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SPECIAL REVIEW PERMIT #1707 - JOEL MENDEZ
PAGE 5
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 21st day of October, A.D., 2009.
ATTEST:
Weld County Clerk to the Bcafd\j)'f
BY:
De duw Clerk iothe Board
APPROVED AS TO FORM:
/11 —
County Aftorney
Date of signature: kit -110r
BOARD OF COUNTY COMMISSIONERS
WELD CQO&TY, COLORADO
i liam F. Garcia, Chair
L
Dougl
Radema her, Pro -Tern
Sean P. Conway
,Gcli/t/,�
.(i( OTC ,
David E. Long
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JOEL MENDEZ
USR #1707
1. The Site Specific Development Plan and Use by Special Review Permit #1707 is for a
Home Business (parking of two semi -trucks and trailers) 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 have current licenses.
4. Outdoor storage shall be limited to two semi -trucks and two trailers (tractor -trailers).
5. All liquid and solid wastes, as defined in the Solid Wastes Disposal Sites and Facilities
Act, 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, C.R.S.
10. Adequate 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.
13. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
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DEVELOPMENT STANDARDS - JOEL MENDEZ (USR #1707)
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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. 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.
16. 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.
17. The applicant must take stormwater capture/quantity into consideration and provide
accordingly for Best Management Practices.
18. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
19. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
20. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
21. 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.
22. 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.
23. 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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