HomeMy WebLinkAbout20073583.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1622 FOR A USE PERMITTED AS A USE BY RIGHT,ACCESSORY USE, OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(FENCE COMPANY) IN THE A (AGRICULTURAL) ZONE DISTRICT - ROBERT AND
KAREN LOVEWELL
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
December, 2007, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Robert and Karen Lovewell, 3693 County Road 6, Erie, Colorado 80516,
for a Site Specific Development Plan and Use by Special Review Permit#1622 for a Use Permitted
as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone
Districts(fence company)in the A(Agricultural)Zone District on the following described real estate,
being more particularly described as follows:
S1/2 SE1/4 of Section 22, Township 1 North,
Range 68 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
(A.Goal 4)states, "Conversion of agricultural land to non-urban 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 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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b. Section 23-2-230.6.2--The proposed use is consistent with the intent of the
A(Agricultural)Zone District. Section 23-3-40.R of the Weld County Code
provides for a Site Specific Development Plan and Use by Special Review
Permit for a Use Permitted as a Use by Right, Accessory Use, or Use by
Special Review in the Commercial or Industrial Zone Districts (fence
company) in the A(Agricultural) Zone District. Currently, the property is in
Violation (ZCV07-01027) for the operation of a fence company without an
approved and recorded Use by Special Review Permit (USR). If the USR
is approved, the violation will be closed. If the USR is denied, the
Department of Planning Services requests that the case be referred to the
County Attorney's Office, with a delay of legal action for thirty (30) days, in
order to give the applicant adequate time to ensure that the commercial
operation and all vehicles have been removed from the property.
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 is
predominantly agricultural and residential land. The property north of, and
adjacent to, the proposed development is currently within the municipal
limits for the Town of Erie. The property south of County Road 6 is within
the City and County of Broomfield. The surrounding property to the east
and west of the property is residential. The Department of Planning
Services has received a letter from a surrounding property owner, dated
September 18, 2007, indicating no problems or complaints, and received a
letter from a company employee, dated October 5, 2007, which stated the
employee has worked for the applicant for two years and the designated
parking in the backyard for the employees and the work area is always kept
clean,tidy,and clear of debris. The Development Standards and Conditions
of Approval will ensure compatibility with adjacent properties and the
character of the area.
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 for the Town of Erie,
Cities of Dacono and Northglenn, City and County of Broomfield, and
Adams County. The City and County of Broomfield, in a referral dated
August 3, 2007, indicated no conflicts with the proposed development. The
Town of Erie, in a referral dated August 28, 2007, recommended the
dedication of County Road 6 right-of-way. The Cities of Dacono and
Northglenn,and Adams County, have not responded to the referral request.
e. Section 23-2-230.6.5--The application complies with Chapter 23,Article V,
of the Weld County Code. The site lies within the Geologic Hazard Overlay
District. The applicant will need to adhere to Chapter 23, Article V,
Division 2, of the Weld County Code, regarding the Geologic Hazard
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Overlay District. 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
use. The subject site is designated "Prime, Irrigated Farmlands of National
Importance" by the 1979 USDA Soil Conservation Services map. The lot
consists of three(3)acres, and is too small to be a viable farming operation,
as defined by Section 22-2-60.1, of the Weld County Code.
g. Section 23-2-230.6.7 -- 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 Robert and Karen Lovewell for a Site Specific
Development Plan and Use by Special Review Permit #1622 for a Use Permitted as a Use by
Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts
(fence 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 plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR-1622.
2) The attached Development Standards.
3) The approved Landscape/Screening Plan.
4) County Road 6 is classified by the County as an arterial road, which
requires 140 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. The plat shall delineate the existing right-of-way, and
the documents which created it, along with any additional future
right-of-way required.
5) A forty(40)foot radius is required on all accesses to public roads for
accesses designed to accommodate truck traffic. A minimum
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effective turning radius of forty (40)feet shall be used for accesses
intended to accommodate truck traffic.
6) 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 seven (7)spaces.
7) If applicable, the location and diagram of all signs shall be noted on
the USR plat, in compliance with Chapter 23, Article IV, Division 2,
of the Weld County Code.
8) Per Section 23-3-250.A.9 of the Weld County Code, uses involving
outdoor storage of vehicles, (including the parking of employees
vehicles)equipment,or materials,when permitted,shall be screened
from public rights-of-way and all adjacent properties.
B. 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 USR 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.
C. The applicant shall attempt to address the requirements and concerns of the
Weld County Paramedic Service, as stated in the referral response dated
August 22, 2007. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
D. The applicant 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 such shall be
submitted to the Weld County Department of Planning Services.
E. 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 (2 to 3 employees). 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 such shall be
submitted to the Weld County Department of Planning Services.
F. The applicant shall submit a Waste Handling Plan, for approval, to the
Environmental Health Services Division of the Weld County Department of
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Public Health and Environment. Evidence of Department of Public Health
and Environment 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).
G. The applicant shall attempt to address the requirements and concerns of the
Weld County Sheriffs Office, as stated in the referral response dated
August 27, 2007. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
H. The applicant shall address the requirements and concerns of the Weld
County Department of Planning Services, as stated in the Landscape
referral response dated July 31, 2007. Evidence of such shall be submitted,
in writing, to the Weld County Department of Planning Services.
The applicant shall address the requirements and concerns of the Weld
County Department of Building Inspection,as stated in the referral response
dated October 1, 2007. Evidence of such shall be submitted, in writing, to
the Weld County Department of Planning Services.
J. The applicant shall either submit a copy of an agreement with the property's
mineral owner/operators,stipulating that the oil and gas activities have been
adequately incorporated into the design of the site, or show evidence that
an adequate attempt has been made to mitigate the concerns of the mineral
owner/operators. Drill envelopes may be delineated on the plat, in
accordance with the State requirements,as an attempt to mitigate concerns.
The plat shall be amended to include any possible future drilling sites.
K. The applicant has not delineated any on-site sign(s). If any on-site sign(s)
are desired,the Department of Planning Services shall be notified in writing.
L. The applicants shall apply for a building permit for a Change of Use for the
13' by 36' shed on the east side of the property. Evidence of such shall be
submitted to the Weld County Department of Planning Services.
M. The applicant shall apply for a Nonconforming Use Structure for the
13' by 36' shed on the east side of the property, or provide surveyed
evidence that the structure meets the required offsets. Evidence of such
shall be submitted to the Weld County Department of Planning Services.
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N. 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 Use by 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#1622 - ROBERT AND KAREN LOVEWELL
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The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 19th day of December, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COLORADO
ATTEST: 2c'✓y :'Fw�� , ,pkiklEL
Long, Chair
Weld County Clerk to the Board 861 ��
!^H. Jerke, Pr em
BY: iPP
Deputy Cl rk to the Board `r F.:4"`\ r
m F. Garcia
71R6V AST 6 t
Robert D. Masden
unty Attorney °Aar
ougla Rademac er
Date of signature: I/ 9/0g
2007-3583
PL1937
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ROBERT AND KAREN LOVEWELL
USR#1622
1. Site Specific Development Plan and Use by Special Review Permit #1622 is for a Use
Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial
or Industrial Zone Districts (fence company) 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.
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. The applicant shall operate in accordance with the approved Waste Handling Plan.
7. 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.
8. 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.
9. Adequate toilet and hand washing facilities shall be provided for employees. The
employees shall be allowed to use the toilet facilities located in the residence.
10. 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.
11. The facility shall utilize the existing public water supply(Left Hand Water District).
12. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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 Programs.
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15. The landscape/screening on the site shall be maintained in accordance with the approved
Landscape/Screening Plan.
16. The number of employees for the business shall be limited to five (5) people.
17. All vehicles located on the property must be operational and with current license plates and
tags.
18. All material and equipment shall be stored in an enclosed structure or fenced area.
19. 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.
20. 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, performed
by a Colorado registered engineer, shall be required.
21. A plan review must be approved, and a permit must be issued, prior to the start of
construction on the site.
22. Setback and offset distances shall be determined by the 2003 International Building Codes
and Chapter 23 of the Weld County Code. Offset and setback distances are measured
from the farthest projection from the structure.
23. Building plans shall be submitted to the Mountain View Fire District for approval.
24. On-site lighting, including security lighting, if applicable, shall maintain compliance with
Section 23-3-250.6.6 of the Weld County Code.
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.
28. 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.
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29. 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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