HomeMy WebLinkAbout20083027.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1659 FOR ONE(1)SINGLE-FAMILY DWELLING UNIT,OTHER THAN THOSE
PERMITTED UNDER SECTION 23-3-20.A OF THE WELD COUNTY CODE
(SEC. 23-3-40.L- THE ADDITION OF A SECOND SINGLE FAMILY RESIDENCE), AND
ANY USE PERMITTED AS A USE BY RIGHT,ACCESSORY USE, OR USE BY SPECIAL
REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (SEC. 23-3-40.R-
TANK REPAIR AND AGRICULTURAL MILLWORK) IN THE A(AGRICULTURAL)ZONE
DISTRICT - DEROY AND CATHY TURLEY
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 19th day of
November, 2008, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of DeRoy and Cathy Turley, 39790 County Road 68, Briggsdale, Colorado
80611, for a Site Specific Development Plan and Use by Special Review Permit#1659 for one(1)
Single-Family Dwelling Unit, other than those permitted under Section 23-3-20.A of the Weld
County Code (Sec. 23-3-40.L - the addition of a second single family residence), and any Use
Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (Sec. 23-3-40.R - tank repair and agricultural millwork) in the
A (Agricultural) Zone District on the following described real estate, being more particularly
described as follows:
SE1/4 NE1/4 of Section 22, Township 6 North,
Range 62 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said 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.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 22-2-60.D (A.Goal 4) states, "Conversion of agricultural land to
2008-3027
PL1992 QC. ', ,t , rit%%r / /L / /±171/ , A- ,(:)`31
SPECIAL REVIEW PERMIT#1659 - DEROY AND CATHY TURLEY
PAGE 2
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
parcel is 40 acres in size and consists of dryland native grasses. The facility
has been located at this site for several years and encompasses
approximately five(5)acres of the entire property. The attached Conditions
of Approval and Development Standards ensure that this development will
be compatible with the surrounding area.
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.L of the Weld County Code
provides for the addition of a second single family residence, and
Section 23-3-40.R provides for any use permitted as a Use by Right,
Accessory Use, or Use by Special Review in the Commercial or Industrial
Zone Districts, provided that the property is not a Lot in an approved or
recorded subdivision plat or lots part of a map or plan filed prior to adoption
of any regulations controlling subdivisions(tank repair,agricultural millwork),
in the A (Agricultural) Zone District.
c. Section 23-2-230.B.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The site is located in rural Weld
County. To the west and south are single family residences on similar sized
tracts of land; to the north and east are larger tracts of rangeland and native
vegetated tracts of land. The Conditions of Approval and Development
Standards will ensure that the use is compatible with the existing
surrounding land uses, and a Screening Plan is required to be submitted as
a Condition of Approval.
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. There are no municipalities within three (3) miles of the
proposed use, nor is the property located within an Urban Growth Boundary
or Intergovernmental Agreement area.
e. Section 23-2-230.6.5--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 23-2-230.6.6 --The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
2008-3027
PL1992
SPECIAL REVIEW PERMIT#1659 - DEROY AND CATHY TURLEY
PAGE 3
use. The property is 40 acres in size, of which five (5) acres contains the
DeRoy and Cathy Turley residence, the second residence, an office, and a
shop building. Future plans, date uncertain, identify a 60-foot by 40-foot
shop building, with a 20-foot by 60-foot lean-to for hay storage. The
property is not considered to be viable for row crop farming, and is more
suitable for rangeland, as there is no irrigation water attached to this parcel.
g. Section 23-2-230.8.7 -- 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of DeRoy and Cathy Turley for a Site Specific Development
Plan and Use by Special Review Permit#1659 for one(1)Single-Family Dwelling Unit, other than
those permitted under Section 23-3-20.A of the Weld County Code (Sec. 23-3-40.L -the addition
of a second single family residence), and any Use Permitted as a Use by Right, Accessory Use,
or Use by Special Review in the Commercial or Industrial Zone Districts (Sec. 23-3-40.R - tank
repair and agricultural millwork)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 plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR-1659.
2) The attached Development Standards.
3) The approved Screening Plan.
4) County Roads 79.75 and 68 are designated on the Weld County
Road Classification Plan as local gravel roads,which require 60 feet
of right-of-way at full buildout. The applicant shall verify the existing
right-of-way and the documents creating the right-of-way. All
setbacks shall be measured from the edge of future right-of-way. If
the right-of-way cannot be verified, it shall be dedicated. These
roads are maintained by Weld County. Pursuant to the definition of
SETBACK in the Weld County Code(Section 23-1-90), the required
setback is measured from the future right-of-way line.
B. The applicants shall submit a Dust Abatement Plan,for review and approval,
to the Weld County Department of Public Health and Environment,
Environmental Health Services Division,to address vehicle traffic concerns.
Written evidence of approval by the Department of Public Health and
Environment shall be provided to the Department of Planning Services.
2008-3027
PL1992
SPECIAL REVIEW PERMIT#1659 - DEROY AND CATHY TURLEY
PAGE 4
C. The applicants shall submit a Waste Handling Plan, for approval, to the
Environmental Health Services Division of the Weld County Department of
Public Health and Environment. The plan shall include, at a minimum, the
following, and evidence of approval shall be submitted to the Department of
Planning Services:
1) A list of wastes which are expected to be generated on the site (this
should include expected volumes and types of waste generated).
2) A list of the type and volume of chemicals to be stored on the site.
3) The waste handler and facility where the waste will be disposed
(including the facility name, address, and phone number).
D. The applicants shall submit evidence to the Departments of Planning
Services and Public Health and Environment, from the Colorado Division of
Water Resources, demonstrating that the well is appropriately permitted for
the business and for a second residence. Evidence of Colorado Division of
Water Resources approval shall be submitted to the Department of Planning
Services.
E. The applicants shall submit written evidence, from the Department of
Building Inspection, that all structures associated with the business are in
compliance with the 2006 International Building Code,and the 2005 National
Electric Code.
F. The applicants shall address the requirements of the Department of Public
Works, as stated in the referral dated June 23, 2008. Written evidence of
such shall be provided to the Department of Planning Services.
G. The applicants shall enter into an Improvements Agreement According to
Policy Regarding Collateral for Improvements and post adequate collateral
for all required improvements. The improvements agreement will not be
needed if the necessary improvements are done to the satisfaction of the
Departments of Public Works and Planning Services.
H. The applicants 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 applicants 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 applicants
shall be responsible for paying the recording fee.
2008-3027
PL1992
SPECIAL REVIEW PERMIT #1659 - DEROY AND CATHY TURLEY
PAGE 5
3. The Department of Planning Services respectfully requests the applicants 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.
4. 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 19th day of November, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
�) f " /.
♦
ATTEST: ✓D4Il� t-' .
1861 1 M `,"Iliam H. Jerke, Chair
Weld-County Clerk to the •:r. ' V:000
�� V.
t�rV r a,; \~`obert D. sd n, ro-Tem
BY:
161, 1 G�t1 ••s,+-AL.4+ �r
Dept Clerk i the Board
William F. Garcia
APP AST • EXCUSED
David E. Long
ounty Attorney d,e. orne li•—f/—
Douglas yademacher
Date of signature:
2008-3027
PL1992
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DEROY AND CATHY TURLEY
USR#1659
1. The Site Specific Development Plan and Use by Special Review #1659 is for one (1)
Single-Family Dwelling Unit, other than those permitted under Section 23-3-20.A
(Section 23-3-40.L-the addition of a second single family residence), and a Use Permitted
as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (Section 23-3-40.R - tank repair and agricultural millwork) 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. Hours of operation for the office shall be 7:00 a.m., until 5:00 p.m., Monday through Friday,
with all other non-office activities associated with the business occurring during daylight
hours.
4. Employees shall be limited to five persons.
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, blowing debris, and other potential nuisance conditions.
8. The facility shall operate in accordance with the approved Waste Handling Plan.
9. The facility shall be operated in accordance with the approved Dust Abatement Plan at all
times.
10. Any vehicle washing area(s)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
Commercial Zone District, as delineated in Section 25-12-103, C.R.S.
12. Adequate drinking, hand washing, and toilet facilities (bottled water and portable toilets)
shall be provided for the employees and patrons of the facility at all times.
13. Building permits shall be obtained prior to the construction of any new building. Buildings
may require an engineered foundation based on a site-specific Geotechnical Report or an
2008-3027
PL1992
DEVELOPMENT STANDARDS - DEROY AND CATHY TURLEY (USR#1659)
PAGE 2
open hole inspection performed by a Colorado registered engineer. Engineered
foundations shall be designed by a Colorado registered engineer.
14. Buildings shall conform to the requirements of the codes adopted by Weld County at the
time of permit application.
15. A plan review must be approved, and a permit must be issued, prior to the start of
construction.
16. Setback and offset distances shall be determined by Chapter 23 of the Weld County Code.
17. The 2006 International Building, Residential, Plumbing, Mechanical, Fuel Gas Codes, the
2005 National Electrical Code, and Chapter 23 of the Weld County Code are being
enforced.
18. A letter of approval from the Briggsdale Fire Protection District shall be provided to the
Department of Building Inspection prior to applying for any building permits.
19. 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.
20. 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.
21. Both approaches from County Road 79.75 shall be graded and drained to provide an
all-weather access to the site.
22. The applicants have indicated a bermed water quality capture feature on the property,
which meets the Department of Public Works requirements.
23. 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.
24. The parking and storage area for equipment and outdoor storage tanks shall be surfaced
with gravel or the equivalent and shall be graded to prevent drainage problems.
25. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
26. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
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.
2008-3027
PL1992
DEVELOPMENT STANDARDS - DEROY AND CATHY TURLEY(USR #1659)
PAGE 3
28. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
29. 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.
30. 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.
2008-3027
PL1992
Hello