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Home My WebLink About20071202.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1581 FORA HOME BUSINESS(LANDSCAPINGBUSINESSANDSTORAGE OF LANDSCAPING EQUIPMENT) IN THE A (AGRICULTURAL)ZONE DISTRICT - THAO ALEX NGUYEN 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 16th day of May, 2007, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Thao Alex Nguyen, 3161 Johnson Lane, Erie, Colorado 80516, for a Site Specific Development Plan and Use by Special Review Permit#1581 for a Home Business(landscaping business and storage of landscaping equipment)in the A(Agricultural)Zone District on the following described real estate, being more particularly described as follows: Lot 6, Block 1, Ranch Eggs, Inc. Subdivision, Filing No. 2; being part of the NW1/4 of Section 34, Township 1 North, Range 68 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.B 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 (A.Goal 4)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." 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. 2007-1202 nfl ; /3 PA) PL1892 , � LC��,> ©- K'6 as a7 SPECIAL REVIEW PERMIT#1581 - THAO ALEX NGUYEN PAGE 2 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 a Home Business as a Use by Special Review in the A (Agricu Itural) Zone District. Currently, the property is in violation (VI-0600219)for the operating a landscaping business without an approved and recorded Use by Special Review Permit(USR). This violation was not presented to the Board of County Commissioners through the violation hearing process. The approval of this application has corrected the violation. c. Section 23-2-230.6.3--The uses which will be permitted will be compatible with the existing surrounding land uses. Single family homes surround the site in all directions. The parcel is located within the Ranch Eggs Subdivision,which was recorded in June 1967. The Conditions of Approval and Development Standards ensure that the material storage and parking areas are adequately screened from the adjacent properties. d. Section 23-2-230.6.4--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 lies within the three-mile referral area for the Cities of Dacono and Northglenn, Adams County, Broomfield County,and the Town of Erie. The Town of Erie, in its referral dated October 5, 2006, stated no conflicts with its interests. The Cities of Dacono and Northglenn, Adams County, and Broomfield County did not return a referral indicating a conflict with their interests. e. Section 23-2-230.6.5 -- 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 location decision for the proposed use.The small size of the lot limits its agricultural value, as does its location within a platted subdivision. 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 Thao Alex Nguyen for a Site Specific Development Plan and Use by Special Review Permit#1581 fora Home Business(landscaping business and storage of landscaping equipment)in the A(Agricultural)Zone District on the parcel of land described above be, and hereby is, granted subject to the following conditions: 2007-1202 PL1892 SPECIAL REVIEW PERMIT#1581 - THAO ALEX NGUYEN PAGE 3 1. Prior to recording the plat: A. The applicant shall provide the Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. B. The Boulder Valley/ 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 soils on the site. C. The applicant shall provide evidence to the Boulder Valley/Longmont Soil Conservation District of a Noxious Weed Management Plan,for review and approval. Evidence of approval shall be submitted to the 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. The applicant shall submit written evidence to the Department of Planning Services that they have met the requirements of the Department of Public Health and Environment. E. 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 applicant shall submit written evidence to the Department of Planning Services that they have met the requirements of the 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). F. The applicant shall complete all proposed improvements, including those regarding landscaping, screening, access improvements, and parking lot requirements,or enter into an Improvements AgreementAccording to Policy Regarding Collateral for Improvements and post adequate collateral for all required materials. The agreement and form of collateral shall be reviewed by County staff, and accepted by the Board of County Commissioners, prior to recording the Use by Special Review plat. 2007-1202 PL1892 SPECIAL REVIEW PERMIT#1581 - THAO ALEX NGUYEN PAGE 4 G. The plat shall be amended to delineate the following: 1) All sheets of the plat shall be labeled USR-1581. 2) The attached Development Standards. 3) 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 shall 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. 4) The location of all signs on the site, as approved by the Department of Planning Services. 5) All future rights-of-way and common easements shall be identified and placed on the plat. 6) If exterior lighting is 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. 7) The approved Landscape and Screening Plan. 8) Johnson Lane is designated on the Weld County Road Classification Plan as a local paved 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. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. 9) The home business access is identified as pea gravel surface and gated. The applicant shall utilize this access from Johnson Lane. There is an existing landscape circle drive associated with the home. This shall be used for residential purposes only. 10) The applicant shall delineate the equipment parking and landscape material storage areas on the plat. The circulation and parking plan shall accommodate outdoor parking, staging of equipment and material, and emergency responder access. H. The applicant shall submit two (2) paper copies of the plat, for preliminary approval, to the Weld County Department of Planning Services. 2007-1202 PL1892 SPECIAL REVIEW PERMIT#1581 - THAO ALEX NGUYEN PAGE 5 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. 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. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 16th day of May, A.D., 2007. BOA OF COUNTY COMMISSIONERS WELOUNTY, COLORAmO ATTEST: ati r 1S6I ht. • id E. Long, Chair Weld County Clerk to the r. }" / r�t-t �� 'i, ♦ Iliam_kl J?�k Pro-Tem •'��! `'' Irk 7 D p ty Cle to the Board C/ ✓ ` `�C Willia F. Garcia APP AS • Robert D. Masden ounty A torney phncm ,,,r-- D uglas ademacher\ Date of signature: O1;1 /01 J 2007-1202 PL1892 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS THAO ALEX NGUYEN USR#1581 1. The Site Specific Development Plan and Use by Special Review Permit#1581 is fora Home Business(landscaping business and storage of landscape equipment)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. All materials and vehicles shall be stored inside the accessory structure. 4. There shall be no more than five (5)employees on the site, as indicated in the application materials. 5. Section 23-1-90 of the Weld County Code defines a HOME BUSINESS as: An incidental use to the principal permitted use for gainful employment of the Family residing on the property, where: a. Such use is conducted primarily within a dwelling unit or accessory structure and principally carried on by the family resident therein; b. Such use is clearly incidental and secondary to the principal permitted use and shall not change the character thereof; Ordinarily,a home business shall not be interpreted to include the following: clinic, hospital, nursing home, animal hospital, hotel/motel, restaurant, mortuary, and organized classes where more than six(6)persons meet together for instruction on a regular basis(does not include classes sponsored by a public school). 6. 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 increase, diversions, concentration, and/or unplanned ponding of storm runoff. 7. 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. 8. 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. 9. 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. 10. The applicant shall operate in accordance with the approved Waste Handling Plan. 2007-1202 PL1892 DEVELOPMENT STANDARDS - THAO ALEX NGUYEN (USR #1581) PAGE 2 11. 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. 12. 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. 13. Adequate hand washing and toilet facilities shall be provided. 14. 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. 15. The facility shall utilize the existing public water supply (Left Hand Water District). 16. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and handled in a safe manner, in accordance with product labeling, and in a manner that minimizes the release of Hazardous Air Pollutants and Volatile Organic Compounds. 17. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 18. There shall be no open burning conducted on the site,with exception to"agricultural open burning" as defined by Regulation 9 of the Colorado Air Quality Control Commission Regulations. 19. No active composting shall be allowed on the site. 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 measured to the farthest projection from the building. 21. 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. 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 Storm Water/Drainage Impact Fee Programs. 23. The landscaping on the site shall be maintained in accordance with the approved Landscape and Screening Plan. 24. On-site lighting, including security lighting, if applicable, shall maintain compliance with Section 23-3-250.6.6 of the Weld County Code. 2007-1202 PL1892 DEVELOPMENT STANDARDS - THAO ALEX NGUYEN (USR #1581) PAGE 3 25. The Use by Special Review Permit shall not be transferable to any successors in interest to the prescribed property,and shall terminate automatically upon conveyance or lease of the property to others for operation of the facility. 26. The property owner shall allow any mineral owner the right of ingress or egress for the purposes of exploration development,completion,re-completion, re-entry,production,and maintenance operations associated with existing or future operations located on these lands. 27. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 28. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 29. 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. 30. 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. 31. 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. 2007-1202 PL1892 Hello