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R OLUTION
RE: A R SITE S E C DEVELO MENT PLAN AND USE BY SPECIAL REVIEW
PER IT#1580 FO A HO SS(MANUFACTURING STEEL FRAMES FOR
STEEL WASHE ) IN THE A (AGRICULTURAL) ZONE DISTRICT - JUSTIN AND
ANDRE DAV
WHEREAS, e and o o ty Commissioners of Weld County, Colorado, pursuant to
Colorado statute an t e Weld u y Home Rule Charter, is vested with the authority of
administering the affai f Weld Co ty, Colorado, and
WHEREAS,the B d of Coun ommissioners held a public hearing on the 14th day of
February, 2007, at the hour 10:00 a. . in th hambers of the Board for the purpose of hearing
the application of Justin and A rea Davi 6589 Weld County Road 99,Grover,Colorado 80729,
for a Site Specific Developme Plan a Use by Special Review Permit #1580 for a Home
Business(manufacturing steel fr es for teel washers)in the A(Agricultural)Zone District on the
following described real estate, b ' g re particularly described as follows:
Part of the SW ofSection3 Township 12 North,
Range 60 Wes of the 6th P.M., We,Jd County,
Colorado
WHEREAS,at said hearing, the ap licants not present, and the Board deemed it
advisable to continue the matter to March 7,2 , nd again to March 14,2007,at 10:00 a.m., and
WHEREAS,on March 14, 2007, said ap licants present, and
WHEREAS,Section 23-2-230 of the Weld unty Code pro ides standards for review of
said Use by Special Review Permit, and
WHEREAS,the Board of County Commissioner he d all of the testimony and statements
of those present,studied the request of the applicant and e re • ••ation of the Weld County
Planning Commission and all of the exhibits and evidence p se ted in this , atter and, . ing been
fully informed, finds that this request shall be approved for he ollowing -ason •
1. The submitted materials are in compliance wit th app • : ion requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissione that the applicant has shown
compliance with Section 23-2-230.6 of the Weld Co my Code as follows:
a. Section 23-2-230.8.1 --The proposed use is con 'stentwith Chapter 22 and
any other applicable code provisions or ordinance i effect. Section 22-2-60
(A.Goal4) states, "Conversion of agricultural land nonurban residential,
commercial,and industrial uses will be accommodate when the subject site
is within an area that can support such develop nt." The use will
incorporate an existing building and will have little to no impact on the
surrounding area. The proposed business will be operated inside of an
existing building with no outside storage.
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SPECIAL REVIEW PERMIT#1580 - JUSTIN AND ANDREA DAVIS
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b. Section 23-2-230.B.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 23-2-230.6.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. This parcel is surrounded by vacant
land on the north, south,west, and east sides. A single family residence is
located approximately one mile to the north of the site.
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 of any municipality.
e. Section 23-2-230.B.5--The application complies with Chapter23,Article V,
of the Weld County Code. The site is not located 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 site is located on land that is designated as"prime if irrigated" per
the 1979 U.S. Department of Agriculture Prime Farmlands Map of Weld
County. The proposed use is located on an existing developed site and is
only 4.25 acres in size.
g. Section 23-2-230.6.7--The Design Standards(Section 23-2-240), Operation
Standards (Section 23-2-250), 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 Justin and Andrea Davis for a Site Specific Development
Plan and Use by Special Review Permit#1580 for a Home Business(manufacturing steel frames
for steel washers)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. All sheets of the plat shall be labeled USR-1580.
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SPECIAL REVIEW PERMIT#1580 - JUSTIN AND ANDREA DAVIS
PAGE 3
B. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) Weld County Road 99 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. There is presently 60 feet of right-of-way.
A total of thirty(30)feet from the centerline of Weld County Road 99
shall be indicated on the plat. 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.
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 to be stored on the site.
3) The waste handler and facility where the waste will be disposed
(include the facility name, address, and phone number).
D. A building permit shall be obtained for a change of use of the existing
structure from an outbuilding to manufacturing use. The applicant shall
provide a letter from the Grover Fire Protection District prior to applying for
a building permit. Evidence of such shall be provided to the Department of
Planning Services.
E. 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 February 14, 2006. As a result, an investigation fee of
fifty percent (50%) of the application fee ($600.00) shall be paid to the
Department of Planning Services.
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 thirty(30)days from the
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SPECIAL REVIEW PERMIT#1580 - JUSTIN AND ANDREA DAVIS
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date of the Board of County Commissioners Resolution. The applicant 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 may be 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.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 14th day of March, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, C LORJp'(_')O
ATTEST: by a J1
r, R�fi: avid E. Long, Chair
1L5Weld County Clerk to the k aj
�. 'J. XCUSED
. -ro�itt
" illiam r Tem
De{iu Cle to the Board
Willi F. Garcia
APPR AS TO F •
Robert D. Ma den
unty orney c E r,..00,42 APT--
Douglas R"adem r
Date of signature: 31):1/C7
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JUSTIN AND ANDREA DAVIS
USR #1580
1. The Site Specific Development Plan and Use by Special Review Permit#1580 is fora Home
Business(manufacturing steel frames for steel washers)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 business shall adhere to the requirements for a Home Business as defined in
Section 23-1-90 of the Weld County Code. These requirements are:
a) The use is conducted primarily within a dwelling unit or accessory structure and
principally carried on by the family resident therein.
b) The use is clearly incidental and secondary to the principal permitted use and shall
not change the character thereof.
4. All materials and equipment associated with the business shall be stored indoors, as stated
in the application materials.
5. The business shall be limited to three (3) employees (family members), as stated in the
application materials.
6. 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.
7. The applicant must take into consideration stormwater capture/quantity and provide
accordingly for Best Management Practices.
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. The applicant shall operate in accordance with the approved Waste Handling Plan.
12. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
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13. 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.
14. Adequate hand washing and toilet facilities shall be provided. Family members will utilize
the bathroom facilities in the residence.
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 facility shall utilize the existing well.
17. The existing well shall not be used for commercial purposes in association with this
business. Should the applicant use the well for commercial purposes (for example,
constructing a bathroom for employees), a new commercial well permit shall be required.
18. A building permit shall be obtained prior to the construction of any new building,addition, or
remodel of existing buildings.
19. Buildings shall conform to the requirements of the various codes adopted by Weld County
at the time of permit application.Currently the following have been adopted by Weld County:
2003 International Building Code,2003 International Mechanical Code,2003 International
Plumbing Code, 2003 International Fuel Gas Code, 2002 National Electrical Code, and
Chapter 29 of the Weld County Code.
20. Building height shall be measured in accordance with the 2003 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
Chapter 23 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. Offset and setback requirements are to the farthest projection from
the building.
21. A plan review is required for each building for which a building permit is required. Plans shall
include a floor plan. 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. The
applicant shall provide a Code Analysis Data Sheet provided by the Weld County
Department of Building Inspection with each building permit application.
22. 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.
23. 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.
24. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
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25. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
26. The operation shall comply with all applicable rules and regulations of state and federal
agencies and 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.
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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