HomeMy WebLinkAbout20093405.tiffRESOLUTION
RE:
PPROVE SITE SPECIFIC DEVEL
P • RMIT #1718 FOR A HOM
TH - A (AGRICULTUR
WHERE S, the Board of C
Colorado statute nd the Weld
administering the a -irs of Weld
WHEREAS, the
of December, 2009, at th
hearing the application of
Colorado 80621, for a Si
Permit #1718 for a Home Busi
District, on the following describe
of
hour of
elib=
NT
= i SINESS (TR
NE DISTRICT - HE
AN AND USE BY SPECIAL REVIEW
CK AND EQUIPMENT PARKING) IN
IBERTO AND TERESA PEREZ
unty Commis • ers of Weld County, Colorado, pursuant to
ounty Home Rule Charter, is vested with the authority of
ounty, Colorado, and
s
ommissioners held a public hearing on the 30th day
0:00 :.m. in the Chambers of the Board, for the purpose of
o and ::sa Perez, 15643 Higgins Avenue, Fort Lupton,
ecific Development Plan and Use by Special Review
(truck and equipment parking) in the A (Agricultural) Zone
re- estate, • . more particularly described as follows:
Lot 6, Block
Filing; located i
Range 66 West
Colorado
ristoc
S= Lion
t R.nchettes, Second
7, Township 2 North,
P.M., Weld County,
WHEREAS, at said hearing, the applic- t were p esent, and
WHEREAS, Section 23-2-230 of the Weld ounty Code providas,standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissi. ers heard all of the testimony and
statements of those present, studied the request of the - • • - nd the recommendation of
the Weld County Planning Commission and all of the ex -nce presented in this
matter and, having been fully informed, finds that this reques roved for the following
reasons:
its and ev
shall be ap
1. The submitted materials are in compliance with t
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commission
shown compliance with Section 23-2-230.6 of the Weld
p•' -tion requirements of
icant has
unty Code as follows:
a. Section 23-2-230.B.1 -- The proposed use is consis -nt with Chapter 22
and any other applicable code provisions or o ,'finance in effect.
Section 22-2-20.G (A.Policy 7.2) of the Weld Cou y Code states,
"Conversion of agricultural land to nonurban residential, ommercial and
industrial uses should be accommodated when the subje t site is in an
area that can support such development, and should a empt to be
compatible with the region." Section 22-2-20.1 (A.Goal 9) .f the Weld
County Code states, "Reduce potential conflicts between v- ing land
uses in the conversion of traditional agricultural lands to other la ' d uses."
The applicant is proposing to park a total of two (2) trucks, which is one
more than the amount allowed as a Use by Right in the A (Agricultural)
00; PC,, m(oo) 4-1PL
2009-3405
PL2038
Oi %S/
SPECIAL REVIEW PERMIT #1718 - HELIBERTO AND TERESA PEREZ
PAGE 2
Zone District, along with two (2) trailers. The Department of Planning
Services is requiring that a Screening Plan be submitted, to screen the
vehicles and trailers.
b. ection 23-2-230.6.2 -- The proposed use is consistent with the intent of
t - A (Agricultural) Zone District. Section 23-3-40.O of the Weld County
Co'e provides for a Home Business as a Use by Special Review in the
A (A• ricultural) Zone District.
c. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatib : with the existing surrounding land uses. This use meets the
intent of a ome Business, as defined in the Weld County Code. The
home busine criteria outlined in Section 23-1-90 are:
1) The use is onducted primarily within a dwelling unit or accessory
structure and incipally carried on by the family resident therein; and
2) Such use is cl -rly incidental and secondary to the principal
permitted use and all not change the character thereof.
Staff has received no lett- or telephone calls concerning the on -site
activity. The attached Condi .ns of Approval (requiring the trucks to be
screened) and Development S ndards will ensure that the proposed use
is compatible with the surroundinarea.
d. Section 23-2-230.B.4 -- The use which will be permitted will be
compatible with future development o e surrounding area, as permitted
by the existing zoning and with the fut e development as projected by
Chapter 22 of the Weld County Code, - d any other applicable code
provisions or ordinances in effect, or the ado •ted Master Plans of affected
municipalities. This site is located within the hree-mile referral area for
the City of Fort Lupton; however, a referral esponse has not been
received from the City of Fort Lupton. The Co .itions of Approval and
Development Standards will ensure that this face ty will be compatible
with the future development of the surrounding area.
e. Section 23-2-230.B.5 -- The application complies ith Chapter 23,
Article V, Divisions 1, 2, 3, and 4, of the Weld County • .de, as the site
does not lie within any Overlay Districts. Effective Ja'uary 1, 2003,
building permits issued on the proposed lot will be requireto adhere to
the fee structure of the County -Wide Road Impact F=- Program.
Effective August 1, 2005, building permits issued on the sub -ct site will
be required to adhere to the fee structure of the Capital Expans •n Impact
Fee and the Stormwater/Drainage Impact Fee Programs.
f. Section 23-2-230.B.6 -- The applicant has demonstrated a diligen, effort
to conserve prime agricultural land in the locational decision for the
2009-3405
PL2038
SPECIAL REVIEW PERMIT #1718 - HELIBERTO AND TERESA PEREZ
PAGE 3
proposed use. The parcel is approximately one (1) acre in size with an
existing residence and garage on the property.
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.
reviously, the property was in violation (ZCV09-00133) for the storage of
c mercial vehicles and equipment without an approved and recorded
Use •y Special Review Permit (USR); however, the approval of this USR
Permi rom the Board of County Commissioners dismissed the violation.
NOW, THEREFORE, B IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the a. •lication of Heliberto and Teresa Perez for a Site Specific
Development Plan and Use by Spec -I Review Permit #1718 for a Home Business (truck and
equipment parking) in the A (Agricultur- Zone District, on the parcel of land described above
be, and hereby is, granted subject to the • lowing conditions:
1. Prior to recording the plat:
A. The applicant shall submit : Dust Abatement Plan, detailing on -site dust
control measures, for review :nd approval, to the Environmental Health
Services Division of the Weld ounty Department of Public Health and
Environment. Written evidence •f approval must be submitted to the
Department of Planning Services.
B. The applicant shall submit a Waste ding Plan to the Weld County
Department of Public Health and Envi •nment. Written evidence of
approval must be submitted to the Departm= t of Planning Services. The
plan shall include, at a minimum, the followin
1) A list of the wastes which are expected to •e generated on the site
(this should include expected volumes -nd 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 •isposed of
(including the facility name, address, and phone numbe .
C. The applicant shall address the requirements of the Department • Public
Works, as stated in the referral response dated October 5, 2009. ritten
evidence of approval from the Department of Public Works sh-II be
submitted to the Department of Planning Services.
2009-3405
PL2038
SPECIAL REVIEW PERMIT #1718 - HELIBERTO AND TERESA PEREZ
PAGE 4
The applicant shall submit a Screening Plan, for review and approval, to
the Department of Planning Services. The semi -trucks and trailers shall
be screened by an opaque fence (or landscaping material) from adjacent
properties and rights -of -way, or shall be placed inside an enclosed
building. If vehicles are parked inside a future on -site structure, an
endment to the Use by Special Review Permit will not be required.
E. The-.plicant shall complete all proposed improvements, including those
regards • screening, or enter into an Improvements Agreement According
to Policy Regarding Collateral for Improvements, and post adequate
collateral fo all required materials. The agreement and form of collateral
shall be revie ed by County staff and accepted by the Board of County
Commissioners.
F. The plat shall be am ded to delineate the following:
1) The plat shall co ' .ly with Section 23-2-260.D of the Weld County
Code.
2) The attached Develop ent Standards.
3) All sheets of the plat shall . - labeled USR-1718.
4) Higgins Avenue is a local g -vel road and requires 60 feet of
right-of-way at full buildout. is road is maintained by Weld
County. Pursuant to the definition .f setback in Section 23-1-90 of
the Weld County Code, the requireetback is measured from the
future right-of-way line.
5) The parking surface materials shall be i . icated (gravel, recycled
asphalt, or the equivalent).
6) The water quality control feature to control ru .ff.
7) The approved Screening Plan.
G. The applicant shall submit three (3) paper copies o the plat, for
preliminary approval, to the Department of Planning Services.
2. Upon completion of Condition of Approval #1 above, the applicant sha submit a
Mylar plat, along with all other documentation required as Conditions of s .proval.
The Mylar plat shall be recorded in the office of the Weld County Cl- and
Recorder by the Department of Planning Services. The plat shall be prepa -d in
accordance with the requirements of Section 23-2-260.D of the Weld Co, my
Code. The Mylar plat and additional requirements shall be submitted within si y
(60) days from the date of the Board of County Commissioners Resolution. Th
applicant shall be responsible for paying the recording fee.
2009-3405
PL2038
SPECIAL REVIEW PERMIT
PAGE 5
e De
Use by S
and .dgn
ArcGIS Per
Group 4
ps
4. The
electric
is ready t
ERTO AND TERESA PEREZ
rtment o ' arming Services respectfully requests a digital copy of this
cial Review, as appropriate. Acceptable CAD formats are .dwg, .dxf,
icrostation); acceptable GIS formats are ArcView shapefiles or
onal GeoDataBase (MDB). The preferred format for Images is .tif
(Group 6 is not acceptable). This digital file may be sent to
.weld.co.us.
y SpReview activity shall not occur, nor shall any building or
rmits be issued on the property, until the Use by Special Review plat
record . • the office of the Weld County Clerk and Recorder.
The above and foreg
by the following vote on the 30
ATTEST:
Weld County Clerk to the Boa
ati
BY:
D
APP
o the Board
County orney
Date of signature:
g Res. Lion
day of
s, on motion duly made and seconded, adopted
cem.er, A.D., 2009.
BOARD OF COUNTY COMMISSIONERS
ELD COUNTY, COLORADO
m F. Garcia, Chair
u• as Rade che , Pro-Tem
Sea l': Conway
Barbara
David E. Long
2009-3405
PL2038
• •
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
HELIBERTO AND TERESA PEREZ
USR-1718
1. Th- Site Specific Development Plan and Use by Special Review Permit #1718 is for a
Home :usiness (truck and equipment parking) in the A (Agricultural) Zone District, and
is subje• to the Development Standards stated hereon.
2. Approval o is plan may create a vested property right pursuant to Section 23-8-10 of
the Weld Cou Code.
3. All vehicles and railers associated with this use shall be currently licensed and
operational.
4. Outdoor storage shall be mited to two trucks, two trailers, and associated equipment.
5. Hours of operation (hours of cks leaving and returning to the site) shall be limited from
7:00 a.m., to 7:00 p.m., Monday rough Saturday.
6. All liquid and solid wastes, as defin-• in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S., sha be stored and removed for final disposal in a
manner which protects against surface a • groundwater contamination.
7. No permanent disposal of wastes shall be •-rmitted at this site. This is not meant to
include those wastes specifically excluded fr• the definition of a solid waste in the
Solid Wastes Disposal Sites and Facilities Act, S ction 30-20-100.5, C.R.S.
8. Waste materials shall be handled, stored, and disposed of in a manner which controls
fugitive dust, blowing debris, and other potential nuisa e conditions.
9. Fugitive dust and fugitive particulate emissions shall b- controlled on this site. The
facility shall be operated in accordance with the approved lust Abatement Plan, at all
times.
10. The facility shall adhere to the maximum permissible noise -vels allowed in the
Commercial Zone District, as delineated in Section 14-9-30 of the : Id County Code.
11. Adequate hand washing and toilet facilities shall be provided, at all time
12. The applicant shall operate in accordance with the approved Waste Handli a Plan, at all
times.
13. Commercial vehicle and/or equipment washing is prohibited, in accordance 0iith the
restrictions of Aristocrat Ranchettes Water Project, permit number RAM 364.
2009-3405
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DEVELOPMENT STANDARDS - FIELIBERTO AND TERESA PEREZ (USR-1718)
PAGE 2
14. Effective August 1, 2005, building permits issued on the subject site will be required to
dhere to the fee structure of the Capital Expansion Impact Fee and the
S rmwater/Drainage Impact Fee Programs.
15. Effecti - January 1, 2003, building permits issued on the proposed lots will be required
to adher to the fee structure of the County -Wide Road Impact Fee Program.
16. The historic- flow patterns and runoff amounts will be maintained on the site in such a
manner that i will reasonably preserve the natural character of the area and prevent
property damag of the type generally attributed to runoff rate and velocity increases,
diversions, concen ation, and/or unplanned ponding of storm runoff.
17. The applicant must t- e into consideration stormwater capture/quantity and provide
accordingly for Best Man - e ement Practices.
18. Off-street parking spaces, in uding the access drive, shall be surfaced with gravel,
recycled asphalt, or the equival- •t, and shall be graded to prevent drainage problems.
19. The property owner or operator s -II be responsible for complying with the Design
Standards of Section 23-2-240 of the eld County Code.
20. The property owner or operator shall be -sponsible for complying with the Operation
Standards of Section 23-2-250 of the Weld • unty Code.
21. The operation shall comply with all applicable ru : s and regulations of state and federal
agencies and the Weld County Code.
22. Weld County Government personnel shall be granted ccess onto the property at any
reasonable time in order to ensure the activities carried • t on the property comply with
the Development Standards stated herein and all applicable eld County regulations.
23. The Use by Special Review area shall be limited to the p -ns shown hereon and
governed by the foregoing standards and all applicable We ' County regulations.
Substantial changes from the plans or Development Standards, -s shown or stated,
shall require the approval of an amendment of the Permit by the W- • County Board of
County Commissioners before such changes from the plans or Devel• •ment Standards
are permitted. Any other changes shall be filed in the office of the Iepartment of
Planning Services.
24. The property owner or operator shall be responsible for complying with -II of the
foregoing Development Standards. Noncompliance with any of the regoing
Development Standards may be reason for revocation of the Permit by the B.•ard of
County Commissioners.
2009-3405
PL2038
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