HomeMy WebLinkAbout20090316.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1681 FOR A HOME BUSINESS (ANTIQUE BUSINESS WITH WAREHOUSE
FOR ANTIQUE FURNITURE AND PERSONAL STORAGE) IN THE A (AGRICULTURAL)
ZONE DISTRICT - CHARLES AND ALICE GREENMAN
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 11th day of
February, 2009, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Charles and Alice Greenman, 13518 County Road 1, Longmont, Colorado 80504,
for a Site Specific Development Plan and Use by Special Review Permit #1681 for a Home
Business (antique business with warehouse for antique furniture and personal storage) in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Part of the SW1/4 /4 NW1/4 /4 of Section 30, Township 3
North, Range 68 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 23-2-230.6 of the Weld County Code as follows:
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. The Conditions
of Approval and Development Standards will ensure the proposed use is
compatible with the region. This site is currently zoned C-1 (Commercial)
and E (Estate); however, the applicants are concurrently applying to change
the zoning to A (Agricultural) through CZ -1149. Since the property was
previously zoned Commercial, a Site Plan Review application was required.
On August 9, 2005, the property was approved for a Site Plan Review
application (SPR-384) for an antique business with warehouse for antique
furniture and personal storage. The applicant is requesting to change the
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SPECIAL REVIEW PERMIT #1681 - CHARLES AND ALICE GREENMAN
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zoning back to the A (Agricultural) Zone District for financing purposes. If
the Change of Zone application is approved, this Use by Special Review
(USR) application is to allow the continuation of the Antique Business on the
property once it is zoned Agricultural. Staff has spoken with the applicants
regarding application for a Non Conforming Use (NCU) for the business;
however, the applicants wish to proceed with the USR application. The
request to change the zoning back to A (Agricultural) is compatible with the
land uses in the region.
b. Section 23-2-203.B.2 --The proposed use is consistent with the intent of the
A (Agricultural) Zone District. Section 23-3-40.0 of the Weld County Code
allows for a Home Business in the A (Agricultural) Zone District.
c. Section 23-2-230.6.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The surrounding property to the
south and north is zoned A (Agricultural) and is primarily utilized for single
family homes and agricultural uses. The property to the east is zoned
R-1 (Residential) and is also utilized primarily for single family homes and
agricultural uses. The property to the west is in Boulder County and is
currently utilized for residential and agricultural purposes. The property is
located within an Intergovernmental Agreement area with the City of
Longmont, and the municipal limits are to the southeast of the site. The City
of Longmont stated, in the Notice of Inquiry, that the property owners will not
be requested to submit an annexation request for the existing home -based
furniture restoration business. The City of Longmont, in the referral dated
November 13, 2008, further states that the City has plans for the
enlargement of Union Reservoir, and these plans include property within the
USR boundary which may be inundated if the reservoir is enlarged. Also,
the City requests that any new dwellings and/or businesses in this area be
required to connect to a public sanitary sewer system and not be allowed to
install septic systems. The applicant has responded to the City of
Longmont's referral, in a letter dated December 17, 2008, indicating they
have read the statement made by the City of Longmont, they agree to the
terms regarding Union Reservoir, and they agree not to install new septic
systems. The Department of Planning Services has included a
Development Standard which indicates if the existing systems need to be
repaired or replaced, and public sewer is located within 400 feet of the
property, the property owner will be required to connect to the public system.
The property is located with the three-mile referral area for the Towns of
Firestone and Mead, and Boulder County. The Town of Firestone municipal
limits are located approximately three miles to the southeast, and the Town
of Mead municipal limits are located approximately 2.2 miles east of the site.
The Town of Mead, in the referral dated November 13, 2008, states the site
is outside of the Mead Planning Area, and the Town has reviewed the
request and finds no conflicts with its interests. No comments were received
from the Town of Firestone or Boulder County.
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SPECIAL REVIEW PERMIT #1681 - CHARLES AND ALICE GREENMAN
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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 located within the City of Longmont's Intergovernmental
Agreement area and is an existing use. The Conditions of Approval and
Development Standards will ensure that the use is 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 County -Wide Road
Impact Fee Program area and the Capital Expansion Impact Fee and
Stormwater/Drainage Impact Fee Program 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 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.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" land and "other" land,
as delineated on the Important Farmlands of Weld County map, dated 1979.
This size of the property (2.8 acres) is not conducive to agricultural uses.
Section 23-2-230.6.7 -- There are adequate provisions for the protection of
the health, safety, and welfare of the inhabitants of the neighborhood and
County. 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.
g.
3. It is the opinion of the Board of County Commissioners that the applicant has shown
compliance with Section 30-2-10 of the Weld County Code.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Charles and Alice Greenman for a Site Specific
Development Plan and Use by Special Review Permit #1681 for a Home Business (antique
business with warehouse for antique furniture and personal storage) 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-1681.
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SPECIAL REVIEW PERMIT #1681 - CHARLES AND ALICE GREENMAN
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B. The attached Development Standards.
C. County Road 1 is designated on the Weld County Road Classification Plan
as a major arterial road, which requires 140 feet of right-of-way at full
buildout. There is presently 60 feet of right-of-way. The applicant shall
verify, and delineate on the plat, the existing and future right-of-way and the
documents creating the right-of-way.
D. The plat shall be prepared in accordance with Section 23-2-260.D of the
Weld County Code.
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 thirty (30) days
from the date of the Board of County Commissioners Resolution. The applicant
shall be responsible for paying the recording fee.
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 the surveyor provide a
digital copy of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo
Coverages and Arclnfo Export files format type is .e00. 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.
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SPECIAL REVIEW PERMIT #1681 - CHARLES AND ALICE GREENMAN
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The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 11th day of February, A.D., 2009.
ATTEST:
861
Weld County Clerk to the Bo
Date of signature: dia5b°09
County Attorney
BOARD OF COUNTY COMMISSIONERS
L 1O - TY,/ORADO
am F. Garcia, hair
gla- Rademac er, Pro-Tem
Sew Conway L
a.-.. a Kirkmeyer
David E. Long
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CHARLES AND ALICE GREENMAN
USR #1681
1. A Site Specific Development Plan and Use by Special Review Permit #1681 is for a Home
Business (antique business with warehouse for antique furniture and personal storage) 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. Up to four (4) employees are permitted. The Home Business is an incidental use to the
principal permitted use for gainful employment of the family residing on the property.
4. The hours of operation are from 7:00 a.m., to 9:00 p.m.
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 that controls fugitive
dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions.
8. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
9. 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.
10. Adequate handwashing and toilet facilities shall be provided for the patrons of the facility.
The patrons shall be allowed to use the toilet facilities located in the residence.
11. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems. If more than six (6)
people will utilize the existing septic system (G19939120) on a daily basis, the system shall
be reviewed by a Colorado registered professional engineer. The review shall consist of
observation of the system and a technical review describing the system's ability to handle
the proposed hydraulic load. The review shall be submitted to the Environmental Health
Services Division of the Weld County Department of Public Health and Environment. In the
event the system is found to be inadequately sized or constructed, the system shall be
brought into compliance with current regulations.
12. The facility shall utilize the existing public water supply (Longs Peak Water District).
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DEVELOPMENT STANDARDS - CHARLES AND ALICE GREENMAN (USR #1681)
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13. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
14. The property owner shall verify with the nearest municipality or Sanitation District to
determine the location of the nearest sanitary sewer line. In accordance with the Weld
County Code, if a sewer line exists within four hundred (400) feet of the property line, and
the sewer provider is willing to serve the proposed structure, a septic permit cannot be
granted by the Weld County Department of Public Health and Environment.
15. 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.
16. 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.
17. The property owner shall allow any mineral owner the right of ingress or egress for the
purposes of exploration, development, completion, re -completion, re-entry, production, and
maintenance operations associated with existing or future operations located on these
lands.
18. The applicant shall adhere to the approved Lighting Plan.
19. The applicant shall adhere to the approved Landscape and Screening Plan.
20. No parking or staging of vehicles is allowed on County Road 1.
21. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
22. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
23. 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.B.13 of the Weld County Code, do not need 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.
24. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application.
25. All building plans shall be submitted to the Mountain View Fire Protection District, for
review and approval, prior to the issuance of building permits.
26. The access easement along the south side of the property shall be graded and drained to
provide an all-weather access to the rear of the property.
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DEVELOPMENT STANDARDS - CHARLES AND ALICE GREENMAN (USR #1681)
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27. The existing home and antique shop are non -conforming structures and shall maintain
compliance with Section 23-7-40 of the Weld County Code.
28. 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.
29. 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.
30. 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 to 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.
31. 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.
32. 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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