HomeMy WebLinkAbout20071987.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1612 FOR A HOME BUSINESS (VEHICLE REPAIR) IN THE
A (AGRICULTURAL)ZONE DISTRICT- BRENT HAUGEN
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 8th 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 Brent Haugen,9725 Del Camino Lane,Longmont,Colorado 80504,for a Site Specific
Development Plan and Use by Special Review Permit#1612 for a Home Business(vehicle repair)
in the A(Agricultural)Zone District on the following described real estate, being more particularly
described as follows:
Lot 29, Casa Grande Estates, First Addition; being
part of Section 17,Township 2 North,Range 67 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.B.1 --The proposed use is consistent with Chapter 22 and
any other applicable code provisions or ordinance in effect.
1) Section 22-2-150.6.5(I.Policy 2.5.b)states,"Ensure the compatibility
with surrounding land use in terms of general use, building height,
scale,density,traffic,dust,and noise." The Conditions of Approval
and Development Standards will ensure the site does not have an
adverse impact on the surrounding properties. The applicant is
proposing to utilize the existing 7,200-square-foot structure on the
site for vehicle repair. A 40-foot by 60-foot exterior storage yard has
been proposed to accommodate the temporary storage of larger
items. The exterior storage yard is located behind the shop and
L 2007-1987
t1 PL �G� h/C_CtP) /�PL. PL1916
/mil -D7-o7
SPECIAL REVIEW PERMIT#1612 - BRENT HAUGEN
PAGE 2
screened from view. No long-term storage of any kind is proposed
for this facility.
2) Section 22-2-60.D(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." The site is currently part of Casa Grande
Estates,First Addition,and the surrounding properties are primarily
single family homes. The applicant is proposing an on-site septic
system and water to the site will be provided by the Central Weld
County Water District. A Violation was initiated as a result of a
vehicle repair facility located on the property without the proper
zoning permits. This violation has not been presented to the Board
of County Commissioners, due to the submittal of this Use By
Special Review application.
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 any use permitted as a Use by Right,Accessory Use,or Use by
Special Review in the Commercial or Industrial Zone Districts 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 site is located in the Casa
Grande Estates Subdivision. The surrounding properties are primarily
residential. The proposed fencing and 7,200-square-foot shop shall mitigate
the impact to the neighboring properties.
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 Towns of Firestone
and Frederick;however,no response was received from either municipality.
The property is located within the Intergovernmental Agreement area for the
Town of Firestone,and a Notice of Inquiry was sent to the Town of Firestone
in January of 2007; however, no response was returned. Section 19-2-60.A
of the Weld County Code states,"If no municipality submits any comments,
recommendation, or objection, the County may assume none of the
municipalities have any objection to the proposal." Section 19-2-60.C.2 of
the Weld County Code requires an annexation agreement between the
applicant and the municipality be executed, which is addressed in the
Conditions of Approval.
e. Section 23-2-230.B.5 --The site does not lie within any Overlay Districts.
Effective January 1,2003,building permits issued on the proposed lot will be
2007-1987
PL1916
SPECIAL REVIEW PERMIT#1612 - BRENT HAUGEN
PAGE 3
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 U.S. Department of Agriculture(U.S.D.A.)Soil Maps indicate that
the soils on this property are designated as "other".
g. Section 23-2-230.B.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 Brent Haugen for a Site Specific Development Plan and
Use by Special Review Permit#1612 for a Home Business(vehicle repair)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 applicant shall attempt to address the requirements and concerns of the
Frederick/Firestone Fire Protection District,as stated in the referral response
dated May 2, 2007. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
B. The applicant shall address the requirements and concerns of the Weld
County Department of Public Works,as stated in the referral response dated
May 14, 2007. Evidence of such shall be submitted, in writing,to the Weld
County Department of Planning Services.
C. The applicant shall address the requirements and concerns of the Weld
County Department of Building Inspection,as stated in the referral response
dated May 16, 2007, including a Change of Use Permit for the
7,200-square-foot shop. Evidence of such shall be submitted, in writing,to
the Weld County Department of Planning Services.
D. The Longmont Soil Conservation District has provided information regarding
the soils on the site. The applicant shall review the information and use it to
positively manage on-site soils.
E. 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 approval shall
be submitted to the Department of Planning Services.
2007-1987
PL1916
SPECIAL REVIEW PERMIT#1612 - BRENT HAUGEN
PAGE 4
F. The applicant shall submit evidence of an Air Pollution Emissions Notice
(A.P.E.N.)and Emissions Permit application from the Air Pollution Control
Division(APCD), Colorado Department of Public Health and Environment.
Alternately,the applicant can provide evidence from the APCD that they are
not subject to these requirements. The applicant shall submit written
evidence to the Department of Planning Services that he has met the
requirements of the Department of Public Health and Environment.
G. The septic system serving the shop 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. The applicant shall submit written
evidence to the Department of Planning Services that he has met the
requirements of the Department of Public Health and Environment.
H. In the event the applicant intends to wash vehicles or equipment on the site,
the following shall apply:
1) The applicant shall provide a detailed Design and Operation Plan for
the area used for vehicle washing. The washing area shall be
designed and constructed to capture all effluent, and prevent any
discharges, in accordance with the Rules and Regulations of the
Water Quality Control Commission and the Environmental Protection
Agency. The applicant shall submit written evidence to the
Department of Planning Services that he has met the requirements
of the Department of Public Health and Environment.
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 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).
2007-1987
PL1916
SPECIAL REVIEW PERMIT#1612 - BRENT HAUGEN
PAGE 5
J. The applicant shall provide the Department of Planning Services with a
property Maintenance Plan, which shall be in compliance with
Section 23-2-250.6.7 of the Weld County Code.
K. The applicant shall submit evidence of an executed Annexation Agreement
with the Town of Firestone, per Section 19-2-60.C.2 of the Weld County
Code.
2. The plat shall be amended to delineate the following:
A. The plat shall be labeled USR-1612.
B. The attached Development Standards.
C. The Use by Special Review Plat shall be prepared in accordance with
Section 23-2-260.D of the Weld County Code.
D. The applicant shall provide a Parking Plan that designates parking spots for
customers and business/delivery trucks. The parking locations shall be
dimensioned and shown according to Section 23-2-260 of the Weld County
Code.
E. The Department of Planning Services has determined from the application
materials that four (4) parking spaces and one (1) parking space that
complies with the Americans with Disabilities Act(ADA)will be required on
the site. The applicant shall demonstrate how the parking spaces are
screened from the adjacent properties and public right-of-way.
F. The off-street parking/loading areas, including the access drive, shall be
surfaced with gravel, asphalt, concrete, or the equivalent, and shall be
graded to prevent drainage problems. Each parking space should be
equipped with wheel guards, where needed, to prevent vehicles from
extending beyond the boundaries of the space and from coming into contact
with other vehicles, walls, fences, sidewalks, or plantings.
G. All future rights-of-way and easements shall be identified and placed on the
plat.
H. If exterior lighting is proposed to be a part of this facility, all light standards
shall be delineated, in accordance with Section 23-3-250.6.6 of the Weld
County Code.
The existing two accesses to the site shall be delineated on the plat. The
access shall have adequate sight distance in both directions, and shall not
be below the crest of a hill or where physical obstructions are present.
J. Del Camino Lane, within the Casa Grande Estates, First Addition, is
designated as a local subdivision road,which requires a 60-foot right-of-way
2007-1987
PL1916
SPECIAL REVIEW PERMIT#1612 - BRENT HAUGEN
PAGE 6
at full buildout. There is presently a 60-foot right-of-way. A total of 30 feet
from the centerline of Del Camino Lane shall be delineated as right-of-way
on the plat. This road is maintained by Weld County.
3. The applicant shall submit two(2)paper copies of the plat,for preliminary approval,
to the Weld County Department of Planning Services.
4. Upon completion of Conditions of Approval#1,#2,and#3 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.
5. 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.
6. 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 be added for each additional three (3) month period.
7. Prior to the issuance of building permits:
A. The applicant shall provide a written sign-off from the Frederick/Firestone
Fire Protection District to the Department of Building Inspection.
8. 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.
2007-1987
PL1916
SPECIAL REVIEW PERMIT#1612 - BRENT HAUGEN
PAGE 7
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 8th day of August, A.D., 2007.
]ELa OAR, COUNTY
ICOMMISSIONERS
LOUN , COLORADO
ATTEST: Au, I':,:i � �=.� �► -
'4: .� ly -''+ . id E. Long, Chair
Weld County Clerk to the Bo O P
BY: ( � ��•r�� William ll � H. Jerk , Pr m
De.�y ClerTo the Board / `� V
WilGarcia
RO AS TO •
Robert D. Masden
o tyAtt rney
oug as ademacher
p
Date of signature: 0' 07
2007-1987
PL1916
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
BRENT HAUGEN
USR#1612
1. The Site Specific Development Plan and Use by Special Review Permit#1612 is fora Home
Business (vehicle repair) in the A (Agricultural) Zone District, 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. Two additional employees are permitted. The Home Business is an incidental use to the
principal permitted use for gainful employment of the family residing on the property.
4. To ensure compatibility, no signs shall be permitted on the site pertaining to the Home
Business.
5. All repairs shall be conducted inside the shop.
6. 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 mannerthat
protects against surface and groundwater contamination.
7. 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.
8. The applicant shall operate in accordance with the approved Waste Handling Plan.
9. 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.
10. 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.
11. Adequate hand washing and toilet facilities shall be provided.
12. 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.
13. The facility shall utilize the existing public water supply.
14. All potentially hazardous chemicals must be stored and handled in a safe manner in
accordance with product labeling and in a mannerthat minimizes the release of hazardous
air pollutants and volatile organic compounds.
2007-1987
PL1916
DEVELOPMENT STANDARDS - BRENT HAUGEN (USR #1612)
PAGE 2
15. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
16. There shall be no staging or parking adjacent to the property on Del Camino Lane; the
applicant shall utilize the on-site parking areas.
17. Any future structures or uses on the site must obtain the appropriate zoning and building
permits.
18. 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 Chapter29 of
the Weld County Code.
19. Building height shall be measured in accordance with the 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 measured to the farthest projection
from the building.
20. Written sign-off from the Frederick/Firestone Fire Protection District shall be submitted to
the Department of Building Inspection prior to the issuance of building permits.
21. 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.
22. 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.
23. The landscaping and screening on the site shall be maintained in accordance with the
recorded plat.
24. 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.
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.
2007-1987
PL1916
DEVELOPMENT STANDARDS - BRENT HAUGEN (USR#1612)
PAGE 3
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.
2007-1987
PL1916
Hello