HomeMy WebLinkAbout20073532.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1621 FORA HOME BUSINESS(PARKING OF THREE(3)SEMI-TRUCKS AND
FOUR (4) TRAILERS) IN THE A (AGRICULTURAL) ZONE DISTRICT - MARY LEE
HARDY
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 12th 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 Mary Lee Hardy, 33726 County Road 61.5, Gill, Colorado 80624, for a
Site Specific Development Plan and Use by Special Review Permit#1621 for a Home Business
(parking of three (3) semi-trucks and four (4) trailers) in the A (Agricultural) Zone District on the
following described real estate, being more particularly described as follows:
Block 53, Minor Resubdivision of the Amended Plat
of the Town of Barnesville, Weld County, Colorado;
being located in part of the NE1/4 of Section 18,
Township 6 North, Range 63 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 23-2-230.8 of the Weld County Code as follows:
a. Section 23-2-230.6.1 --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 five (5) acres in size with existing
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SPECIAL REVIEW PERMIT#1621 - MARY LEE HARDY
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improvements. The facility is located in a platted townsite (Minor
Resubdivision of the Town of Barnesville).
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.O 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 property is adjacent to single
family residences on rural residential parcels to the north, east, and south.
Vacant land is located to the west. The site is located within the platted
townsite of Barnesville. As a result, this use is required to meet the criteria
of a Home Business, per Section 23-1-90. These criteria include:
1) 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.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 site is
not located within a three-mile referral area, Intergovernmental Agreement
area, or Urban Growth Boundary of any municipalities.
e. Section 23-2-230.B.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. The site does not lie
within any Overlay Districts.
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 parcel is five (5)acres in size and has existing improvements on
the western portion of the property. The proposed use will not change the
developed area of the property, as an existing building and improved
parking area and access drive will be utilized for the business.
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),
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SPECIAL REVIEW PERMIT#1621 - MARY LEE HARDY
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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 Mary Lee Hardy for a Site Specific Development Plan and
Use by Special Review Permit#1621 for a Home Business (parking of three (3) semi-trucks and
four(4)trailers) 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 existing septic system for the residence shall be reviewed by a
Colorado registered professional engineer. The review shall consist of an
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 Weld
County Department of Public Health and Environment shall be provided to
the Department of Planning Services.
B. If the applicant intends to use the existing 40-foot by 56-foot outbuilding on
the property for maintenance (oil changes only), and/or storage of vehicles
and equipment associated with the business, the applicant shall do the
following:
1) Provide written evidence to the Department of Planning Services
that a building permit for change in use of this building has been
applied for.
C. 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. 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).
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Written evidence of approval of the Waste Handling Plan shall be submitted
to the Department of Planning Services.
D. The applicant shall provide written evidence to the Department of Planning
Services indicating the lighting concerns on the site have been mitigated.
E. 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-1621.
4) County Road 61.5 is designated 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. All
setbacks shall be measured from the edge of future right-of-way.
This road is maintained by Weld County.
5) A vicinity map.
F. 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.
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.
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SPECIAL REVIEW PERMIT#1621 - MARY LEE HARDY
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The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 12th day of December, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
WEL' COUNTY, COLORADO
i v, .4 /1 � � O� C - -•
ATTEST: ,,' ,2<s 1 A,2/L.,, :Y, �j•`
`ong, Chair
Weld County Clerk to the Board J 1861 )
t illL . Jerke, Pr - em
BY:
Deputy Cle to the Board � l{n fir /
am . Garcia
APP DA , � `' . e`-I
/ 7 Robert D. Masden
n y ttorney
ougla Rademach r
Date of signature: / / 7 Lae
2007-3532
PL1936
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MARY LEE HARDY
USR #1621
1. The Site Specific Development Plan and Use by Special Review Permit #1621 is for a
Home Business(parking of three(3)semi-trucks and four(4)trailers)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 substantially meet the criteria of a Home Business, per Section 23-1-90 of
the Weld County Code.
4. Vehicles and equipment for this business shall be limited to three(3)semi-trucks and four
(4) trailers, as stated in the application materials.
5. All vehicles and trailers associated with this use shall be currently licensed.
6. On-site maintenance of vehicles associated with this operation shall be limited to oil
changes.
7. Hours of operation shall be limited to 6:00 a.m. to 5:30 p.m., 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, blowing debris, and other potential nuisance conditions.
11. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
12. 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.
13. A permanent adequate water supply shall be provided for drinking and sanitary purposes,
and supplemental bottled water will be supplied for drivers.
14. 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. The toilet
facilities shall not be open to the general public.
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15. 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.
16. The applicant shall operate in accordance with the approved Waste Handling Plan.
17. 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.
18. 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.
19. 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.
20. The applicant must take into consideration stormwater capture/quantity and provide
accordingly for Best Management Practices.
21. The property owner shall allow any mineral owner the right of ingress or egress for the
purposes of exploration, development, completion, recompletion, re-entry, production and
maintenance operations associated with existing or future operations located on these
lands.
22. The property owner acknowledges that mineral owners and lessees have real property
interests that entitle them to surface use in accordance with Colorado State Statutes and
applicable Colorado Oil and Gas Conservation Commission regulations.
23. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
24. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
25. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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
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PAGE 3
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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