HomeMy WebLinkAbout20070746.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1589 FOR A HOME BUSINESS (BUILDING PORTABLE LIVESTOCK
SHELTERS) IN THE A (AGRICULTURAL) ZONE DISTRICT - ROLAND AND
THERESA WAGNER
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 11th day of
April, 2007, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Roland and Theresa Wagner,2730 Weld County Road 41, Hudson,Colorado 80624,
for a Site Specific Development Plan and Use by Special Review Permit #1589 for a Home
Business(building portable livestock shelters)in the A(Agricultural)Zone District on the following
described real estate, being more particularly described as follows:
Lot A of Recorded Exemption#501; being part of the
NW1/4 of Section 21, Township 1 North, Range 65
West of the 6th P.M., Weld County, Colorado
WHEREAS,said applicant was represented by Thomas Hellerich, 5754 West 11th Street,
Suite 101, Greeley, Colorado 80634-4811, 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 23-2-230.6 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
(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." Application materials indicate that
the site can support the proposed use. The Conditions of Approval and
Development Standards ensure that a reasonable attempt will be made to
be compatible with the region.
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SPECIAL REVIEW PERMIT#1589 - ROLAND AND THERESA WAGNER
PAGE 2
b. Section 23-2-230.B.2--The proposed use is consistent with the intent of the
A (Agricultural) Zone District. Currently the property is in violation
(VI-0200002),for operating a portable building construction business on the
property without an approved and recorded Use by Special Review Permit.
Upon approval of the Permit,the violation will be closed. Section 23-3-40.O
of the Weld County Code provides for a Home Business(building portable
livestock shelters) 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 surrounding property to the
north,south,east, and west is primarily agricultural,with a few homes in the
area. The closest home is approximately 60 feet to the south of the property
line. The Development Standards and Conditions of Approval will ensure
compatibility with adjacent properties. The Department of Planning Services
has not received any letters from surrounding property owners.
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 subject
property lies within the three-mile referral area of Adams County and the
Towns of Hudson and Lochbuie. The Town of Hudson reviewed the request
and finds no conflicts with its interests. Adams County, in its referral dated
November 22, 2006, indicated it has reviewed the request and has no
conflicts. The Department of Planning Services has not received a referral
from the Town of Lochbuie.
e. Section 23-2-230.6.5--The application complies with Chapter 23, Article V,
of the Weld County Code.The site does not lie within any Overlay Districts.
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.
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 designated Irrigated Land (not prime) by the 1979
United States Department of Agriculture (U.S.D.A.) Soil Conservation
Services map. The lot consists of 4.82 acres and is too small to be a viable
farming operation, in accordance with Section 22-2-60.1 of Weld County
Code.
g. Section 23-2-230.B.7—The Design Standards(Section 23-2-240), Operation
Standards (Section 23-2-250), Conditions of Approval, and Development
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SPECIAL REVIEW PERMIT#1589 - ROLAND AND THERESA WAGNER
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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 Roland and Theresa Wagner for a Site Specific
Development Plan and Use by Special Review Permit#1589 for a Home Business(building portable
livestock shelters)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-1589.
2) The attached Development Standards.
3) The plat shall be prepared in accordance with Section 23-2-260.D of
the Weld County Code.
4) Weld County Road 41 is identified on the Weld County Road
Classification Plan as a local gravel road, which requires 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. If the
right-of-way cannot 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.
5) The off-street parking spaces, including the access drive, shall be
surfaced with asphalt, concrete, or the equivalent, and shall be
graded to prevent drainage problems.
6) The applicant shall delineate the two existing accesses onto the site
from County Road 41. The north access shall be labeled residential
access and the south access shall be labeled business access.
7) Any approved signs, if applicable.
8) 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 properties and public rights-of-way.
These areas shall be designed and used in a manner that will prevent
trash from being scattered by wind or animals.
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SPECIAL REVIEW PERMIT#1589 - ROLAND AND THERESA WAGNER
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9) Section 23-3-360.F of the Weld County Code addresses the issue of
on-site lighting, including security lighting if applicable, and states
"any lighting...shall be designed, located, and operated in such a
manner as to meet the following standards:sources of light shall be
shielded so that beams or rays of light will not shine directly onto
adjacent properties...".
B. The applicant shall address the requirements and concerns of the Weld
County Department of Planning Services Landscape referral, dated
November 9, 2006. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
C. The applicant shall submit a DustAbatement Plan,for review and approval,
to the Environmental Health Services Division of the Weld County
Department of Public Health and Environment. Evidence of such shall be
submitted to the Weld County Department of Planning Services.
D. The applicant shall enter into an Improvements Agreement According to
Policy Regarding Collateral for Improvements and post adequate collateral
for all required 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 Use by Special Review plat. The
Improvements Agreement will not be needed if the necessary improvements
are completed to the satisfaction of the Departments of Public Works and
Planning Services.
E. The applicant shall submit a Change of Use building permit to the Weld
County Department of Building Inspection for the structures in which the
present use has changed from the permitted use.
F. All vehicles located on the property must be operational with current license
plates, or be screened from all adjacent properties and public rights-of-way,
or be removed from the property. All other items considered to be part of a
noncommercial junkyard(scrap metal, port-a-potty, heavy equipment, and
other materials)must also be removed from the property,or screened from
adjacent properties and public rights-of-way. Evidence of such shall be
submitted to the Weld County Department of Planning Services.
G. The applicant shall complete and submit the appropriate zoning and building
permit applications, and pay the appropriate fees to the Weld County
Department of Planning Services,for one of the semi-trailers and remove the
other two or remove all three. Evidence of such shall be submitted to the
Weld County Department of Planning Services.
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H. The applicant shall submit a Waste Handling Plan, for approval, to the
Environmental Health Services Division of the Weld County Department of
Public Health and Environment. Evidence of approval from the Department
of Public Health and Environment shall be submitted to the Department of
Planning Services. The plan shall include, at a minimum, the following:
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 expected to be stored on
the site.
3) The waste handler and facility where the waste will be disposed of
(including the facility name, address, and phone number).
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. 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.
4. The Use by Special Review activity shall not occur, nor shall any building or electrical
permits be issued on the property, until the Special Review plat is ready to be
recorded in the office of the Weld County Clerk and Recorder.
5. 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 may be added for each additional three (3) month period.
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SPECIAL REVIEW PERMIT#1589 - ROLAND AND THERESA WAGNER
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The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 11th day of April, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
4 WELD COUNTY, COLORADO
ATTEST: ail A �� XCUSED
David E. Long, Chair
Weld County Clerk to the • •.
V
�i` ���LWillia e rd-Tem
BY:
De it
to the Boardi / r�
William F. Garcia
APP AS T •
AEXCUSED
Robert D. Masden
unty orney lad m Lo
rne— _
Douglas ademacher
Date of signature: J/ I
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ROLAND AND THERESA WAGNER
USR#1589
1. The Site Specific Development Plan and Use by Special Review Permit#1578 is fora Home
Business (building portable livestock shelters) in the A (Agricultural) Zone District.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code. (Department of Planning Services)
3. 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.
4. 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.
5. 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.
6. 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.
7. This facility shall adhere to the maximum permissible noise levels allowed in the Residential
Zone District, as delineated in Section 25-12-103, C.R.S.
8. Adequate hand washing and toilet facilities shall be provided. The restroom facilities located
in the residence shall be used.
9. 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 (Septic Permit#G19920158).
10. A permanent, adequate water supply shall be provided for drinking and sanitary purposes
(Well permit#169485).
11. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
12. The applicant shall operate in accordance with the approved Waste Handling Plan.
13. 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.
14. Effective August 1, 2005, building permits issued on the proposed lots will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee.
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DEVELOPMENT STANDARDS - ROLAND AND THERESA WAGNER (USR#1589)
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15. The property shall comply with the definition of a Home Business, as defined in
Section 23-1-90 of the Weld County Code. A Home Business is defined as"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.
16. As indicated by the application materials,the hours of operation will be limited from 9:00 a.m.
to 4:00 p.m., Monday through Saturday.
17. The historical flow patterns and runoff amounts will be maintained on site in such a manner
that will reasonably preserve the natural character of the area and not prevent property
damage of the type generally attributed to runoff rate and velocity increases, diversions,
concentration and/or unplanned ponding of storm runoff.
18. 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.
19. A building permit application must be completed and two complete sets of plans, including
engineered foundation plans bearing the wet stamp of a Colorado registered architect or
engineer,must be submitted for review. A Geotechnical Engineering Report preformed by
a registered State of Colorado engineer shall be required.
20. A plan review must be approved and a permit must be issued prior to the start of
construction on the site.
21. Setback and offset distances shall be determined by the 2003 International Building Code
and Chapter 23 of the Weld County Code. Offset and setback distances are measured
from the farthest projection from the structure.
22. Any building plans shall be submitted to the Hudson Fire Protection District for approval.
23. On-site lighting, including security lighting, if applicable, shall maintain compliance with
Section 23-3-250.B.6 of the Weld County Code.
24. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
25. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
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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.
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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