HomeMy WebLinkAbout20090701.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1685 FOR A HOME BUSINESS (AUTO REPAIR AND SERVICE) IN THE
A (AGRICULTURAL) ZONE DISTRICT - BENJAMIN HANSFORD, SR.
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 1st 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 Benjamin Hansford, Sr., 15376 Caroline Avenue, Fort Lupton, Colorado
80621, for a Site Specific Development Plan and Use by Special Review Permit#1685 for a
Home Business (auto repair and service) in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
Lot 1, Block 29, of Aristocrat Ranchettes
Subdivision, Second Filing; being located in
Section 27, Township 2 North, Range 66 West of
the 6th P.M., Weld County, Colorado
WHEREAS, the applicant was 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.B 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.
Section 22-2-150.D (A.Goal 4) states, "Conversion of agricultural land to
nonurban residential, commercial, and industrial uses will be
accommodated when the subject site is in an area that can support such
development. Such development shall attempt to be compatible with the
region." The Conditions of Approval and Development Standards will
ensure that the proposed use will be compatible with the area. The
surrounding property is primarily residential in nature.
Section 23-2-240.A.10 of the Weld County Codes states, "... that buffering
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SPECIAL REVIEW PERMIT #1685 - BENJAMIN HANSFORD, SR.
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or screening of the proposed use from adjacent properties may be
required in order to make the determination that the proposed use is
compatible with the surrounding uses." As a Condition of Approval, the
applicant will be required to screen the outdoor storage of vehicles from
adjacent properties and public rights -of -way.
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 allows for A Site Specific Development Plan and Use by Special
Review Permit for a Home Business (auto repair and service) in the
A (Agricultural) Zone District. Currently, the property is in violation
(ZCV08-00149) for the presence of an automotive repair business without
an approved and recorded Use by Special Review permit (USR). The
violation will be closed upon approval of this permit.
c. Section 23-2-230.6.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The surrounding
properties to the north, south, east, and west are located within Aristocrat
Ranchettes Subdivision, which is zoned A (Agricultural) and is utilized for
single family homes. Given the minimal impact, the proposed Home
Business use will be compatible with the surrounding land uses.
d. Section 23-2-230.6.4 -- 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 not located within an Intergovernmental
Agreement area but does lies within the three-mile referral area of the
City of Fort Lupton. The City of Fort Lupton, in the referral dated
December 31, 2008, indicated no conflicts with its interest. The
surrounding area is residential in nature, with several Use by Special
Review permits in the area (USR-1168 for an oil and gas support service,
SUP -473 for a 30 -dog kennel, USR-1252 for a 30 -dog kennel, and
USR-712 for a 17 -dog kennel). The Conditions of Approval and
Development Standards will ensure that the use will be 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 Area and the Capital Expansion Impact
Fee, but not in the Stormwater/Drainage Impact Fee 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
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.
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f. Section 23-2-230.6.6 -- 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", as
delineated on the Important Farmlands of Weld County Map, dated 1979.
This size of the parcel (1.03 acres) is currently developed and located
within a subdivision (Aristocrat Ranchettes Subdivision) of multiple
one -acre lots and, therefore, is not conducive to agricultural uses.
g.
Section 23-2-230.B.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
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 Benjamin Hansford, Sr., for a Site Specific
Development Plan and Use by Special Review Permit #1685 for a Home Business (auto repair
and service) 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-1685.
B. The attached Development Standards.
C. Caroline Avenue and Richard Street are classified by the County as local
gravel roads, which require a 60 -foot right-of-way at full buildout. The
applicant shall verify the existing right-of-way and the documents creating
the right-of-way. If the right-of-way can not be verified, it shall be
dedicated. The plat shall delineate the existing right-of-way and the
documents which created it, along with any additional right-of-way
reservation required.
D. The plat shall be prepared in accordance with Section 23-2-260.D of the
Weld County Code.
E. The applicant shall delineate the trash collection areas.
Section 23-3-350.H of the Weld County Code addresses the issue of
trash collection areas. Areas used for storage or trash collection shall be
screened from adjacent public rights -of -way and adjacent properties.
These areas shall be designed and used in a manner that will prevent
trash from being scattered by wind or animals.
2. Upon completion of Condition of Approval #1, the applicant shall submit a Mylar
plat, along with all other documentation required as Conditions of Approval. The
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Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder
by 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.
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 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 1st day of April, A.D., 2009.
ATTEST:
Weld County Clerk to
BY:
Deputy Cle
APPROVED AS TO- RM:
v
County Attorney
Date of signature: 4J7`""-/
BOARD OF COUNTY COMMISSIONERS
WELD COUNYYhOLORADO
Douglas ' ademacher,
mot;
David E. Long
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
BENJAMIN HANSFORD, SR.
USR #1685
1. A Site Specific Development Plan and Use by Special Review Permit #1685 is for a
Home Business (auto repair and service) 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. A Home Business is an incidental use to the principal permitted use for gainful
employment of the family residing on the property, where:
a. Such use is conducted primarily within a dwelling unit or accessory structure and
principally carried on by the family resident therein.
b. Such use is clearly incidental and secondary to the principal permitted use and
shall not change the character thereof.
4. All outdoor parking shall be screened from public rights -of -way and adjacent properties.
The screening along the west side shall be installed before the property in question is
sold, and/or before the property at 15226 Caroline Street is sold.
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 which 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. Any vehicle or equipment washing areas 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.
10. 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.
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11. 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.
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. The facility shall utilize the existing public water supply (Aristocrat Ranchettes Water
Project).
14. All potentially hazardous chemicals must be stored and handled in a safe manner, in
accordance with product labeling, and in a manner that minimizes the release of
hazardous air pollutants and volatile organic compounds.
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 Program.
18. The property owner shall allow any mineral owner the right of ingress or egress for the
purposes of exploration, development, completion, recompletion, re-entry, production,
and maintenance operations associated with existing, or future, operations located on
these lands.
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. A building permit shall be obtained prior to the change of use or construction of any new
structures.
22. A plan review is required for each building for which a building permit is required. Two
complete sets of plans are required when applying for each permit. The applicant shall
include a Code Analysis Data Sheet, provided by the Weld County Department of
Building Inspection, with each building permit submittal. Plans shall include a floor plan
showing the specific uses of each area for the building. The Occupancy Classification
will be determined by Chapter 3 of the 2006 International Building Code. The plans shall
also include the design for fire separation and occupancy separation walls, when
required by Chapters 5 and 7 of the 2006 International Building Code. Fire Protection
shall conform to Chapter 9 and exiting requirements by Chapter 10.
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23. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application. Currently, the following have been adopted by Weld County: 2006
International Building Code, 2006 International Mechanical Code, 2006 International
Plumbing Code, 2006 International Fuel Gas Code, 2008 National Electrical Code, and
Chapter 29 of the Weld County Code.
24. All building plans shall be submitted to the Fort Lupton Fire Protection District, for review
and approval, prior to the issuance of building permits.
25. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties, in accordance with the plan. Neither the direct, nor reflected, light from any
light source may create a traffic hazard to operators of motor vehicles on public or
private streets. No colored lights may be used which may be confused with, or
construed as, traffic control devices.
26. The screening on the site shall be maintained in accordance with the approved
Screening Plan.
27. Hours of operation shall be from 8:00 a.m., to 6:00 p.m., Monday through Saturday.
28. The number of employees shall be limited to the family residing on the property.
29. No parking or staging of vehicles shall be allowed on the County right-of-way.
30. In addition to personal vehicles, no more than six (6) vehicles may be parked on the site
at one time. When customer vehicles are parked on the site overnight, they must be
located within the screened area. No one vehicle may remain parked at the site for
more than thirty (30) days.
31. Should noxious weeds exist on the property, or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
32. 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.
33. 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.
34 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
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are permitted. Any other changes shall be filed in the office of the Department of
Planning Services.
35. 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.
36. 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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