HomeMy WebLinkAbout20090739.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1688 FOR A HOME BUSINESS (CONCRETE REPAIR/SERVICES) IN THE
A (AGRICULTURAL) ZONE DISTRICT - JOSE JAUREGUI, CIO ABRAHAM
JAUREGUI
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 8th day of
April, 2009, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Jose Jauregui, c/o Abraham Jauregui, 7526 Harold Street, Fort Lupton,
Colorado 80621, for a Site Specific Development Plan and Use by Special Review
Permit #1688 for a Home Business (concrete repair/services) in the A (Agricultural) Zone
District, on the following described real estate, being more particularly described as follows:
Lot 4, Block 32, Aristocrat Ranchettes Second
Filing; being part of Section 27, Township 2 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Abraham Jauregui, 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
site currently contains a single family home and two small sheds. A new
ten -foot by twelve -foot shed is proposed to be built, and will be utilized to
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SPECIAL REVIEW PERMIT #1688 - JOSE JAUREGUI, C/O ABRAHAM JAUREGUI
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store concrete repair materials associated with the Home Business. The
proposed use will be compatible with the region.
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 Home Business in the A (Agricultural) Zone District.
c. Section 23-2-230.8.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The surrounding
properties are located within the Aristocrat Ranchettes Subdivision and
are zoned A (Agricultural). There are nine other Use by Special Review
permits located within the Aristocrat Ranchettes Subdivision, including
kennels, oil and gas support, and home businesses. The property is
located within the three-mile referral area for the City of Fort Lupton,
which, in a referral dated February 6, 2009, indicated it had reviewed the
request and found no conflicts with its interests.
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 Conditions of Approval and Development Standards
will ensure the use will be compatible with existing surrounding land uses.
Storage of materials will be kept inside the sheds on the site, and the
proposed use is primarily conducted off -site.
e. Section 23-2-230.8.5 -- 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 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 "other" land, as
delineated on the Important Farmlands of Weld County Map, dated 1979.
The size of the property (1 acre) is not conducive to agricultural uses and
is located within an existing subdivision.
g.
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
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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 Jose Jauregui, c/o Abraham Jauregui, for a Site
Specific Development Plan and Use by Special Review Permit #1688 for a Home Business
(concrete repair/services) 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, for on -site dust, for
review and approval, to the Environmental Health Services Division of the
Weld County Department of Public Health and Environment. Evidence of
approval shall be submitted to the Weld County Department of Planning
Services.
B. In the event washing of vehicles or equipment will occur on the site, the
applicant shall ensure that any washing area 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. Any vehicle or equipment washing area shall be designated on
the plat. Evidence of approval shall be submitted to the Weld County
Department of Planning Services.
C. The applicant intends to utilize the existing septic system at the home for
employee use; therefore, the septic system shall be reviewed by a
Colorado registered professional engineer, if the number of people using
the system will exceed ten (10). 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. Evidence of approval shall be
submitted to the Weld County Department of Planning Services.
2. The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled USR-1688.
B. The attached Development Standards.
Harold Street and Mary Avenue are designated on the Weld County Road
Classification Plan as local gravel roads, which require 60 feet of
right-of-way. 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.
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The plat shall be prepared in accordance with Section 23-2-260.D of the
Weld County Code.
3. Upon completion of Conditions of Approval #1 and #2 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.
4. 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 be added for each additional three (3) month period.
5. 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.
6. 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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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 8th day of April, A.D., 2009.
ATTEST:
Weld County Clerk to the
BY: %1(r'i�%I1,12Q
Deputy Cleci'c to the B
APPROVED AS ORM:
ounty Attorney
Date of signature:
BOARD OF COUN
WELD �D NTY�C�L
COMMISSIONERS
ORADO
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William F. Garcia, Chair
Sean P. Conway
Barba Kirkmeyer
David E. Long
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JOSE JAUREGUI, C/O ABRAHAM JAUREGUI
USR #1688
1. A Site Specific Development Plan and Use by Special Review Permit #1688 is for a
Home Business (concrete repair/services) 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. The Home Business shall be conducted primarily within the accessory structure, and
principally carried on by the family resident therein.
4. The Home Business shall be clearly incidental and secondary to the principal permitted
use and shall not change the character thereof.
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 that 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. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
9. The facility shall be operated in accordance with the approved Dust Abatement Plan, at
all times.
10. Any vehicle or equipment washing area 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.
11. This facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone District, as delineated in Section 14-9-30 of the Weld County Code.
12. Adequate hand washing and toilet facilities shall be provided for employees and patrons
of the facility, at all times.
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13. 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.
14. The facility shall utilize the existing public water supply (Aristocrat Ranchettes Water
Project, Inc.).
15. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
16. 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.
17. 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.
18. The site shall adhere to the Lighting regulations, as outlined in Section 23-2-160.U.6 of
the Weld County Code.
19. The applicant shall adhere to the approved Landscape and Screening Plan.
20. No parking or staging is allowed on County Roads.
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 Fort Lupton Fire Protection District, for review
and approval, prior to the issuance of building permits.
26. The historical flow patterns and runoff amounts shall 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.
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27. 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.
28. 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.
29. 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.
30. 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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