HomeMy WebLinkAbout20080865.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1639 FORA HOME BUSINESS(DIRECTIONAL DRILLING COMPANY)IN THE
A (AGRICULTURAL) ZONE DISTRICT - RONALD O'HOTTO
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 9th day of
April, 2008, at the hour of 10:00 a.m. in the Chambers of the Board,for the purpose of hearing the
application of Ronald O'Hotto, 10188 County Road 23, Fort Lupton, Colorado 80621, for a Site
Specific Development Plan and Use by Special Review Permit #1639 for a Home Business
(directional drilling company) in the A (Agricultural) Zone District on the following described real
estate, being more particularly described as follows:
Lot 6 of Lupton Meadows Land Company
Subdivision; being part of the S1/2 of Section 12,
Township 2 North, Range 67 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, said 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 23-2-230.6.1 --The proposed use is consistent with Chapter 22 and
any other applicable Code provisions or ordinances in effect.
Section 22-2-60.A.1 (A.Goal 1)promotes the preservation of prime farmland
for agricultural purposes which foster the economic health and continuance
of agriculture. The proposal does not affect the productivity of the site.
b. Section 23-2-230.6.2--The proposed use is consistent with the intent of 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.
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SPECIAL REVIEW PERMIT #1639 - RONALD O'HOTTO
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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.
e. Section 23-2-230.8.5 -- The site does not lie within any Overlay Districts.
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.
g. Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240, Weld
County Code),Operation Standards(Section 23-2-250,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 Ronald O'Hotto for a Site Specific Development Plan and
Use by Special Review Permit #1639 for a Home Business (directional drilling company) 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 address the requirements of the Weld County
Department of Public Health and Environment, as detailed in the referral
dated December 13, 2007. Written evidence from the Department of Public
Health and Environment, stating that all conditions have been satisfactorily
addressed, shall be submitted to the Department of Planning Services.
B. The applicant shall submit evidence, to the Department of Planning
Services, from the Colorado Division of Water Resources, demonstrating
that the well is appropriately permitted for the commercial use, as outlined
in the referral dated November 26, 2007.
C. The applicant shall address the requirements of the Weld County
Department of Public Works,as detailed in the referral dated December 17,
2007. Written evidence from the Department of Public Works, stating that
all conditions have been satisfactorily addressed, shall be submitted to the
Department of Planning Services.
D. The applicant shall apply for a building permit for a change of use for the
building housing the commercial use.
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SPECIAL REVIEW PERMIT#1639 - RONALD O'HOTTO
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E. The applicant shall address the referral from the Meadow Island#1 Irrigation
Company, dated January 7, 2008. Written evidence of such shall be
submitted to the Department of Planning Services.
F. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR-1639.
2) The attached Development Standards.
3) All outdoor storage areas shall be delineated on the plat, and must
be screened from adjacent properties and public rights-of-way.
4) County Road 23 is designated on the Weld County Classification
Plan as a collector status road,which requires 80 feet of right-of-way
at full buildout. There is presently 60 feet of right-of-way. A total of
30 feet from the centerline of County Road 23 shall be delineated as
right-of-way on the plat, and an additional 10 feet shall be delineated
as future County Road 23 right-of-way. This road is maintained by
Weld County.
5) Spaces reserved for the parking of vehicles and all loading zones
shall be delineated on the plat. This facility shall adhere to the
number of on-site parking spaces indicated in Appendix 23-B of the
Weld County Code. The total number of on-site parking for this
facility shall be six (6) spaces. Each parking space shall be
equipped with wheel guards or curb stops, when necessary, to
prevent vehicles from extending beyond the boundaries of the space
and from coming into contact with other vehicles, walls, fences, or
plantings. The location of all curb stops in the parking areas, per
Section 23-4-30.D of the Weld County Code, shall be delineated on
the plat.
6) All concerns and requirements of the Landscape referral, dated
November 26, 2007, shall be addressed.
7) The off-street parking spaces shall be surfaced with gravel and shall
be graded to prevent drainage problems.
8) All stormwater drainage facilities, as approved by the Department of
Public Works, shall be shown on the plat.
9) The FEMA-regulated 100 year floodplain shall be delineated on the
plat.
10) Areas used for dirt and mud disposal shall be delineated on the plat.
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SPECIAL REVIEW PERMIT #1639 - RONALD O'HOTTO
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11) All outdoor storage and parking areas shall be screened from
adjacent properties. A Screening Plan shall be submitted to the
Department of Planning Services for review and approval. The
approved Screening Plan shall be delineated on the plat.
G. The applicant shall complete all proposed improvements to the satisfaction
of the Departments of Planning Services and Public Works, or enter into an
Improvements Agreement According to Policy Regarding Collateral for
Improvements and post adequate collateral for all required on-site
improvements. The agreement and form of collateral shall be reviewed by
County staff, and accepted by the Board of County Commissioners, prior to
recording the plat.
H. The applicant shall submit two (2) 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 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#1639 - RONALD O'HOTTO
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The above and foregoing Resolution was,on motion duly made and seconded, adopted by
the following vote on the 9th day of April, A.D., 2008.
Man BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: gted��,�\ I . / O`� i�C�✓
H Jerke, Chair
Weld County Clerk to the Boardoa, ,,�
tot '""
.,. D. Masderr Pro-Tem
BY:
Deputy ` lerk to the Board •.,/7 g �°���� -
illiam F. Garcia
AP D A M: EXCUSED
David E. Long
ou y Attorney
ougla6 Rademac r
Date of signature: Wze/49
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
RONALD O'HOTTO
USR#1639
1. The Site Specific Development Plan and Use by Special Review Permit #1639 is for a
Home Business (directional drilling company) in the A (Agricultural)Zone District, 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 site shall be limited to nine(9)employees(not including the residents of the property),
as stated in the application materials.
4. All business equipment and materials shall be stored inside or within the area designated
on the plat as outdoor storage.
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. Only clean, uncontaminated soils shall be disposed of on the site. The soils shall not be
placed in the floodplain.
9. The applicant shall operate in accordance with the approved Waste Handling Plan.
10. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
11. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District, as delineated in Section 25-12-103, C.R.S.
12. Adequate toilet and hand washing facilities shall be provided for employees and patrons of
the facility.
13. Sewage disposal 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. A building permit shall be obtained prior to the construction or change of use of any
buildings or structures.
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15. A plan review is required for each building for which a building permit is required. Plans
shall include a floor plan and bear the wet stamp of a Colorado registered architect or
engineer. Two complete sets of plans are required when applying for each permit. All
building plans shall be submitted to the Fort Lupton Fire Department, for review and
approval, prior to the issuance of building permits.
16. 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, 2005 National Electrical Code, and
Chapter 29 of the Weld County Code.
17. Building height shall be measured in accordance with the 2006 International Building Code
for the purpose of determining the maximum building size and height for various uses and
types of construction, and to determine compliance with the Bulk Requirements from
Chapter 23 of the Weld County Code. Building height shall be measured in accordance
with Chapter 23 of the Weld County Code in order to determine compliance with offset and
setback requirements.
18. Pursuant to Chapter 15, Articles I and II, of the Weld County Code, if 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.
19. Off-street parking spaces, including the access drive, shall be surfaced with gravel and
graded to prevent drainage problems.
20. 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.
21. 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.
22. The screening on the site shall be maintained in accordance with the approved Screening
Plan.
23. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
24. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
25. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
26. 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.
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27. 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.
28. 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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