HomeMy WebLinkAbout20082237.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1655 FOR A HOME BUSINESS (BULLET CASING BUSINESS) IN THE
A(AGRICULTURAL) ZONE DISTRICT- GERALD AND BEVERLY EWING
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 20th day of
August, 2008, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Gerald and Beverly Ewing, 7406 County Road 100,Wellington, Colorado 80549,
for a Site Specific Development Plan and Use by Special Review Permit #1655 for a Home
Business (bullet casing business) in the A (Agricultural) Zone District on the following described
real estate, being more particularly described as follows:
The E1/2 SW1/4 of Section 29, Township 9 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.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)of the Weld County Code 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. This goal is intended to address conversion of agricultural land
to nonurban uses. Once converted, this land is less conducive to
agricultural production." The parcel is approximately 79 acres in size with
existing improvements, and the proposed operation will be conducted within
existing buildings.There will be no outside storage of vehicles or equipment
associated with the business,with the exception of a three-quarter(3/4)ton
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SPECIAL REVIEW PERMIT#1655 - GERALD AND BEVERLY EWING
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pickup and utility trailer. The Use by Special Review (USR) boundary
encompasses approximately five (5) acres.
b. Section 23-2-230.8.2--The proposed use is consistent with the intent of the
A(Agricultural)Zone District. Section 23-3-40.0 of the Weld County Code
provides for Home Businesses as a Use by Special Review 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 two nearest single family
residences are located approximately one-eighth (1/8) mile to the east and
west of the site. There is a single family residence located approximately
one-quarter (1/4) mile to the southeast (south of County Road 100) and
approximately one-half (1/2) mile to the north. This use meets the Home
Business definition of the Weld County Code. The home business criteria
outlined in Section 23-1-90 are:
1) The use is conducted primarily within a dwelling unit or accessory
structure and principally carried on by the family resident therein,
and;
2) Such use is clearly incidental and secondary to the principal
permitted use and shall not change the character thereof.
The attached Conditions of Approval and Development Standards will
ensure that the proposed use is compatible with the surrounding area.
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 site is not located within the three-mile referral area, nor
Intergovernmental Agreement/Urban Growth Boundary, for any
municipalities.
e. Section 23-2-230.6.5--The application complies with Chapter 23,Article V,
Divisions 1, 2, 3, and 4, 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 23-2-230.8.6 --The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The parcel is five(5)acres with an existing residence and outbuilding.
No additional improvements are proposed for this site.
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SPECIAL REVIEW PERMIT#1655 - GERALD AND BEVERLY EWING
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g. Section 23-2-230.6.7 -- 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 Gerald and Beverly Ewing for a Site Specific Development
Plan and Use by Special Review Permit#1655 for a Home Business(bullet casing business)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 provide written evidence to the Department of Planning
Services that a building permit for a Change in Use of the building where the
bullet casting operation will occur has been applied for.
B. The plat shall be amended to delineate the following:
1) The plat shall comply with Section 23-2-260.D of the Weld County
Code.
2) The attached Development Standards.
3) All sheets of the plat shall be labeled USR-1655.
C. 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 sixty(60)days
from the date of the Board of County Commissioners Resolution. The applicant
shall be responsible for paying the recording fee.
3. 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.
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SPECIAL REVIEW PERMIT#1655 - GERALD AND BEVERLY EWING
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4. Prior to Operation:
A. The applicant shall obtain a federal firearms license (Type 06) to
manufacture ammunition/cast bullets.
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 20th day of August, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
��¢� WELD COUNTY, COLORADO
ATTEST: svn�A /D�'!!' L `�
issi ;w I ' . Jerke, Chair
Weld County Clerk to the war O
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Dep Clerk the Board(
i ' F. Garcia
APP D AS T R
Davi E. Long
my torney
Douglas ademache
Date of signature: et FYI kg
2008-2237
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
GERALD AND BEVERLY EWING
USR#1655
1. The Site Specific Development Plan and Use by Special Review Permit #1655 is for a
Home Business (bullet casing business) in the A (Agricultural) Zone District, as indicated
in the application materials on file 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. This use shall meet the criteria of a Home Business, per Section 23-1-90. These criteria
are:
1) The use is conducted primarily within a dwelling unit or accessory structure and
principally carried on by the family resident therein, and;
2) Such use is clearly incidental and secondary to the principal permitted use and shall
not change the character thereof.
4. All vehicles and trailers associated with this use(one 3/4-ton pickup and one 7,000-pound
rated utility trailer) shall be currently licensed.
5. Outdoor storage shall be limited to one truck and one trailer, as stated in the application
materials.
6. 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.
7. 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.
8. Waste materials shall be handled,stored,and disposed of in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
9. The facility shall be operated in accordance with the approved Dust Abatement Plan at all
times.
10. The 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.
11. The applicant shall operate in accordance with the approved Waste Handling Plan.
12. The application indicates no on-site employees(with the exception of the property owners)
will be working at the site, and no customers will be visiting the site. If the existing well
permit (permit #196791) is used to supply drinking and sanitary needs for on-site
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DEVELOPMENT STANDARDS - GERALD AND BEVERLY EWING (USR#1655)
PAGE 2
employees or customers in the future, a new well permit that allows for drinking and
sanitary use in a commercial business will have to be obtained.
13. 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.
14. 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.
15. 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.
16. The applicant must take into consideration stormwater capture/quantity and provide
accordingly for Best Management Practices.
17. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
18. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
19. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
20. 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.
21. 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.
22. 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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