HomeMy WebLinkAbout20071957.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1610 FOR A HOME BUSINESS (MANUFACTURING OF SURVEYING
SUPPLIES AND WHOLESALE DELIVERY TO RETAILERS IN THE A(AGRICULTURAL)
ZONE DISTRICT - MICHAEL AND MELANIE SCOTT, 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
August, 2007, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Michael and Melanie Scott, Sr., P.O. Box 736, Galeton, Colorado 80622, for a
Site Specific Development Plan and Use by Special Review Permit #1610 for a Home Business
(manufacturing of surveying supplies and wholesale delivery to retailers) in the A (Agricultural)
Zone District on the following described real estate, being more particularly described as follows:
Lot 13, Block 17, Townsite of Camfield; being part of
the NE1/4 of Section 18, Township 7 North, Range
64 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 applicants and the unfavorable 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 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 effect the productivity of the site.
b. Section 23-2-230.B.2--The proposed use is consistent with the intent of 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.
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SPECIAL REVIEW PERMIT#1610 - MICHAEL AND MELANIE SCOTT, SR.
PAGE 2
d. Section 23-2-2303.4--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 23-2-230.8.7 -- 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 Michael and Melanie Scott, Sr., for a Site Specific
Development Plan and Use by Special Review Permit#1610 for a Home Business(manufacturing
of surveying supplies and wholesale delivery to retailers)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 applicants shall address the requirements of the Weld County
Department of Planning Services,as stated in the landscaping referral dated
April 10, 2007. Written evidence shall be provided to the Department of
Planning Services.
B. The applicants shall submit evidence of an Air Pollution Emission Notice
(A.P.E.N.) and Emissions Permit application for the shop from the Air
Pollution Control Division of the Colorado Department of Public Health and
Environment, if applicable.
C. The applicants shall submit a Dust Abatement Plan,for review and approval,
to the Environmental Health Services Division of the Weld County
Department of Public Health and Environment. Evidence of approval shall
be provided to the Department of Planning Services.
D. The septic system serving the home shall be reviewed by a Colorado
registered professional engineer. The review shall consist of observation of
the system and a technical review describing the system's ability to handle
the proposed hydraulic load. The review shall be submitted to the
Environmental Health Services Division of the Weld County Department of
Public Health and Environment. In the event the system is found to be
inadequately sized or constructed, the system shall be brought into
compliance with current regulations. Evidence of approval by the
Department of Public Health and Environment shall be provided to the
Department of Planning Services.
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SPECIAL REVIEW PERMIT#1610 - MICHAEL AND MELANIE SCOTT, SR.
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E. The applicants 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.
F. The applicants shall complete all proposed improvements to the satisfaction
of the Departments of Planning Services and Public Works,or enter into an
Improvements Agreement 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.
G. 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. Written evidence of approval 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
(including the facility name, address, and phone number).
H. A Screening Plan, detailing how the wood storage area will be screened,
shall be submitted to the Department of Planning Services. The wood
storage area shall be completely screened on all sides by opaque screening
materials.
This application is to address a zoning violation (operation of a business
without proper permits)and was already brought before the Board of County
Commissioners on September 12,2006. As a result,an investigation fee of
50 percent of the application fee is required be paid to the Department of
Planning Services. An additional$300.00 is required for this application and
shall be paid to the Department of Planning Services.
J. A building permit shall be obtained fora change of use from a private garage
to F-1 (manufacturing) occupancy.
K. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR-1610.
2) The plat shall meet all requirements as listed in Section 23-2-260.D
of the Weld County Code.
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SPECIAL REVIEW PERMIT#1610 - MICHAEL AND MELANIE SCOTT, SR.
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3) Third (3rd)Avenue is designated on the Weld County Classification
Plan as a local gravel road,which requires a 60-foot right-of-way at
full buildout. There is presently 60 feet of right-of-way. A total of 30
feet from the centerline of 3rd Avenue shall be delineated as
right-of-way on the plat. This road is maintained by Weld County.
4) The off-street parking spaces shall be surfaced with gravel,and shall
be graded to prevent drainage problems.
5) The attached Development Standards.
6) The approved Screening Plan.
L. 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.
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.
6. One month prior to construction activities:
A. A Stormwater Discharge Permit may be required for a development/
redevelopment/construction site where a contiguous or non-contiguous land
disturbance is greater than, or equal to, one acre in area. The applicants
shall contact the Water Quality Control Division of the Colorado Department
of Public Health and Environment at www.cdphe.state.co.us/wq/PermitsUnit
for more information.
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SPECIAL REVIEW PERMIT#1610 - MICHAEL AND MELANIE SCOTT, SR.
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7. Prior to release of building permits:
A. 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.
B. A plan review is required for each building for which a building permit is
required. Plans shall bear the wet stamp of a Colorado registered architect
or engineer. Two complete sets of plans are required when applying for
each permit. Inspections may be conducted by the Weld County
Department of Building Inspection to determine if the existing workshop
meets Code.
C. The future workshop will require an engineered foundation based on a
site-specific Geotechnical Report or an open hole inspection performed by
a Colorado registered engineer. Engineered foundations shall be designed
by a Colorado registered engineer.
8. Prior to Change of Occupancy/finaling building permits for any building associated
with the proposed business:
A. The applicants shall provide a letter of approval, from the Galeton Fire
Protection District, for the workshop.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 1st day of August, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
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Date of signature: _61P1
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2007-1957
PL1915
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MICHAEL AND MELANIE SCOTT, SR.
USR#1610
1. The Site Specific Development Plan and Use by Special Review Permit#1610 is for a Home
Business (manufacturing of surveying supplies and wholesale delivery to retailers) 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. The site shall be limited to no more than four full-time employees, including the
residents/owners, and no more than two part-time employees, at any one time, as stated
in the application materials.
4. Hours of operation will be from 7:00 a.m.to 5:00 p.m., Monday through Friday,as stated in
the application materials.
5. All business equipment and materials, with the exception of the wood storage area and
40-foot trailer, as indicated in the application, shall be stored inside.
6. Vehicle trips to and from the site, other than outside employee vehicles and personal
vehicles (pick up trucks) utilized by the property owners, are limited to: one (1) UPS truck
approximately every two (2) months, one (1)semi-trailer every four(4)to eight(8)weeks
and one (1) lumber tractor/trailer every four (4) to eight (8) weeks, as stated in the
application materials.
7. On-site vehicles/equipment,with the exception of owners and employees personal vehicles,
shall be limited to one(1)40-foot semi-trailer and one(1)skidsteer loader, as stated in the
application materials.
8. 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.
9. 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.
10. 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.
11. The applicants shall operate in accordance with the approved Waste Handling Plan.
12. Fugitive dust and fugitive particulate emissions shall be controlled on the site. The facility
shall be operated in accordance with the approved Dust Abatement Plan at all times.
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DEVELOPMENT STANDARDS - MICHAEL AND MELANIE SCOTT, SR. (USR #1610)
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13. 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.
14. Adequate toilet and hand washing facilities shall be provided for employees and patrons of
the facility.
15. Sewage disposal shall be by a 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.
16. A permanent,adequate water supply shall be provided for drinking and sanitary purposes.
17. There shall be no open burning conducted on the site,with exception to burning defined as
"agricultural open burning" by Regulation No. 9 of the Colorado Air Quality Control
Commission Regulations.
18. A building permit shall be obtained prior to the construction of any new buildings or
structures.
19. A plan review is required for each building for which a building permit is required. Plans shall
include a floor plan and may be required to bear the wet stamp of a Colorado registered
architect or engineer. Two complete sets of plans are required when applying for each
permit.
20. The future workshop will require an engineered foundation based on a site-specific
Geotechnical Report or an open hole inspection performed by a Colorado registered
engineer. Engineered foundations shall be designed by a Colorado registered engineer.
21. 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.
22. 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
Chapter23 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. When measuring buildings to determine offset and setback
requirements,buildings are measured to the farthest projection from the building. Property
lines shall be clearly identified and all property pins shall be staked prior to the first site
inspection.
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.
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DEVELOPMENT STANDARDS - MICHAEL AND MELANIE SCOTT, SR. (USR#1610)
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24. The applicants must take into consideration stormwater capture/quantity and provide
accordingly for Best Management Practices.
25. 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.
26. Off-street parking spaces,including the access drive,shall be surfaced with gravel and shall
be graded to prevent drainage problems.
27. The existing access from 3rd Avenue shall be utilized for this USR.
28. 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.
29. 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.
30. The screening on the site shall be maintained in accordance with the approved Screening
Plan.
31. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
32. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
33. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
34. 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.
35. 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.
36. 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.
2007-1957
PL1915
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