HomeMy WebLinkAbout20060161.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1531 FORA HOME BUSINESS(HAY STACKING AND RETRIEVING)IN THE
E (ESTATE) ZONE DISTRICT - GEORGE B. CARLSON AND MARY F. CARLSON
REVOCABLE LIVING TRUSTS, C/O KEVIN AND DEBBIE MARTIN
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 25th day of
January,2006,at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of George B.Carlson and Mary F.Carlson Revocable Living Trusts,7561 Kelty Trail,
Franktown, Colorado 80116, do Kevin and Debbie Martin, 10175 State Highway 392, Windsor,
Colorado 80550,for a Site Specific Development Plan and Use by Special Review Permit#1531
for a Home Business(hay stacking and retrieving)in the E(Estate)Zone District on the following
described real estate, being more particularly described as follows:
Lot 1, Prairie Ridge Estates; being part of Section 8,
Township 7 North, Range 67 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing the Board deemed it advisable to continue the matter to
February 8,2006,at 10:00 a.m.,to allow Planning Services staff additional time to post a notification
sign on the subject site, and
WHEREAS, on February 8, 2006, 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 applicants and the recommendations 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 applicants have
shown compliance with Section 23-2-230.6 of the Weld County Code as follows:
a. Section 23-2-230.B.1 --The proposal is consistent with Chapter 22 of the
Weld County Code and any other applicable code provisions or ordinance in
effect.
2006-0161
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SPECIAL REVIEW PERMIT #1531 - GEORGE B. CARLSON AND MARY F. CARLSON
REVOCABLE LIVING TRUSTS, C/O KEVIN AND DEBBIE MARTIN
PAGE 2
1) Section 22-2-170.B(C.Goal 2)states,"Encourage the expansion and
diversification of the commercial economic base." The proposed
business provides a necessary support function for agricultural
activity within the County.
2) Section 22-2-150.C(I.Policy 2.5.b)states,"Ensure the compatibility
with surrounding land uses in terms of general use, building height,
scale,density,traffic,dust,and noise." The Conditions of Approval
and Development Standards will ensure that the site does not have
an adverse impact on the surrounding properties.
b. Section 23-2-230.B.2 — The proposal is consistent with the intent of the
District in which the use is located. Section 23-3-430.H of the Weld County
Code provides for a Home Business in the E(Estate)Zone District. Home
businesses are defined as incidental uses to the principal permitted use for
gainful employment of the family residing on the property. In this case,the
hay stacking and retrieving business proposed for the site is for the direct
benefit of the family residing there and is periodic and incidental to the
residential use.
c. Section 23-2-230.B.3—The uses which will be permitted will be compatible
with the existing surrounding land uses. Field crops and associated
agricultural structures surround the subject property on three sides. To the
south are large residential lots of a similar size(approximately ten acres).
Existing screening in the vicinity of the existing structures, along with its
distance from the south property line, ensure that impacts to the south will
be minimal.
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. Future uses
are likely to remain the same as the current uses described above. The
subject property lies within the three-mile referral area for the Town of
Severance,which did not return a referral for this application. Although the
Prairie Ridge Estates Subdivision is adjacent(to the south)to an outholding
of Severance,urban-scale development within the Town is located several
miles to the south. Furthermore,the County Comprehensive Plan and other
applicable documents do not support intense urban-scale uses in the future,
in the area surrounding the subject property. The subject property is also
located within one mile of an Urban Development Node;however,it does not
have direct access to said Node.
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SPECIAL REVIEW PERMIT #1531 - GEORGE B. CARLSON AND MARY F. CARLSON
REVOCABLE LIVING TRUSTS, C/O KEVIN AND DEBBIE MARTIN
PAGE 3
e. Section 23-2-230.6.5—The application complies with Chapter 23,Article V,
of the Weld County Code, and the site does not lie 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 Program. 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.
f. Section 23-2-230.6.6 - If the use is proposed to be located in the
A(Agricultural)Zone District, the applicants have demonstrated a diligent
effort has been made to conserve prime farmland. The site is not located in
the Agricultural Zone District.
g. Section 23-2-230.B.7 - There is adequate provision for protection of the
health,safety,and welfare of the inhabitants of the neighborhood and of the
County. The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards(Section 23-2-250,Weld County Code),and proposed
Conditions of Approval and Development Standards will 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 George B.Carson and Mary F.Carlson Revocable Living
Trusts, do Kevin and Debbie Martin, for a Site Specific Development Plan and Use by Special
Review Permit#1531 for a Home Business (hay stacking and retrieving) in the E(Estate)Zone
District on the parcel of land described above be, and hereby is, granted subject to the following
conditions:
1. Prior to recording the Use by Special Review Permit plat map:
A. The applicants shall submit a Dust Abatement Plan,for review and approval,
to the Weld County Department of Public Health and Environment, with
evidence of approval submitted to the Department of Planning Services.
B. The applicants shall submit a Waste Handling Plan, for approval, to the
Environmental Health Services Division of the Weld County Department of
Public Health and Environment,with evidence of approval 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.
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SPECIAL REVIEW PERMIT #1531 - GEORGE B. CARLSON AND MARY F. CARLSON
REVOCABLE LIVING TRUSTS, C/O KEVIN AND DEBBIE MARTIN
PAGE 4
3) The waste handler and facility where the waste will be disposed
(including the facility name, address, and phone number).
C. The Use by Special Review Permit plat map shall be amended to delineate
the following:
1) All sheets of the plat map shall be labeled USR-1531.
2) The plat map shall meet all requirements as listed in
Section 23-2-260.D of the Weld County Code.
3) The plat map shall be modified to include the attached Development
Standards.
4) The plat map shall be amended to exclude photographic depictions,
showing by line drawing only the structures and improvements
existing and planned for the site.
5) In order to mitigate the potential negative impact and aesthetic
concerns on surrounding properties,the applicants shall delineate an
opaque visual screen on all sides of the areas proposed for parking
•
or outdoor storage.
6) Section 23-3-250.A.6 of the Weld County Code addresses the issue
of trash collection areas. Areas used for storage or trash collection
shall be screened from adjacent properties and public rights-of-way.
These areas shall be designed and used in a manner that will prevent
trash from being scattered by wind or animals.
7) The applicants have not delineated any on-site sign(s). If an on-site
sign(s) is desired, the sign(s) shall adhere to Sections 23-4-80.A
and 23-4-80.B of the Weld County Code. One identification sign per
principal use shall be allowed,provided that the sign does not exceed
two(2)square feet in area per face. Further,the location of the sign,
if applicable, shall be delineated on the plan map.
8) The approved off-street parking for the tractor trailers and associated
vehicles,and the proposed circulation pattern,shall be delineated on
the plat.
9) The plat map shall be modified indicating access only from Carlson
Court.
2006-0161
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SPECIAL REVIEW PERMIT #1531 - GEORGE B. CARLSON AND MARY F. CARLSON
REVOCABLE LIVING TRUSTS, C/O KEVIN AND DEBBIE MARTIN
PAGE 5
D. The applicants shall submit two (2) paper copies of the plat map for
preliminary approval to the Weld County Department of Planning Services,
prior to recording.
2. Upon completion of Condition of Approval#1 above,the applicants 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 map 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 applicants
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 the
Board of County Commissioners Resolution,a$50.00 recording continuance charge
shall 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 recorded
in the office of the Weld County Clerk and Recorder.
6. Prior to issuance of building permits, a Stormwater Discharge Permit may be
required fora development/redevelopment/construction site where a contiguous or
non-contiguous land disturbance is greater than, or equal to, one(1)acre in area.
The applicants shall inquire with the Water Quality Control Division(WQCD)of the
• Colorado Department of Public Health and Environment at
www.cdphe.state.co.us/wq/PermitsUnit if they are required to obtain a Stormwater
Discharge Permit. Altemately,the applicants may provide evidence from the WQCD
that they are not subject to these requirements.
2006-0161
PL1818
SPECIAL REVIEW PERMIT #1531 - GEORGE B. CARLSON AND MARY F. CARLSON
REVOCABLE LIVING TRUSTS, C/O KEVIN AND DEBBIE MARTIN
PAGE 6
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 8th day of February; A.D., 2006.
h~�
�\,\ j ♦ BOARD OF C,'NTY COMMISSIONERS
`► 4 \ WELD COU r , COLORADO
ATTEST: L1
Sig M. %eile, Chair
Weld County Clerk to th- C S*'
a‘z David E. Long, Pro-Tem
BY: D_i ty Cle' to the Boar
Wmerke
D AS VV
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Date of signature: 2-119/64'
2006-0161
PL1818
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
GEORGE B. CARLSON AND MARY F. CARLSON REVOCABLE LIVING TRUSTS
C/O KEVIN AND DEBBIE MARTIN
USR#1531
1. The Site Specific Development Plan and Use by Special Review Permit#1531 is for a Home
Business (hay stacking and retrieving) in the E(Estate)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. No more than one non-resident employee is to be on the site, as stated in the application
materials.
4. The site shall be in compliance with Section 23-1-90 of the Weld County Code, including
ensuring that the use remain within the definition of a Home Business, which is "an
incidental use to the principal permitted use for gainful employment of the family residing on
the property, where such use is conducted primarily within a dwelling unit or accessory
structure and principally carried on by the family resident therein."
5. 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.
6. All routine maintenance, repairs,and/or oil changes shall be conducted inside the shop or
proposed building.
7. There shall be no staging or parking of trucks and trailers adjacent to the property on Weld
County Road 84 and Carlson Court. Only on-site parking areas shall be utilized.
8. The historical flow patterns and run-off 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 run-off rate and velocity increases,diversions,
concentration, and/or unplanned ponding or storm run-off.
9. Landscaping and screening on the site shall be maintained in conformance with the Special
Review Permit plat map at all times.
10. 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 forfinal disposal in a manner that
protects against surface and groundwater contamination.
11. 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.
2006-0161
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DEVELOPMENT STANDARDS - GEORGE B. CARLSON AND MARY F. CARLSON
REVOCABLE LIVING TRUSTS, C/O KEVIN AND DEBBIE MARTIN (USR#1531)
PAGE 2
12. 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.
13. The applicants shall operate in accordance with the approved Waste Handling Plan.
14. 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.
15. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone Districts, as delineated in Section 25-12-103, C.R.S.
16. Adequate hand washing and toilet facilities shall be provided for the employee. The
employee shall be allowed to use the restroom facilities in the residence.
17. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
18. The facility shall utilize the existing public water supply, North Weld Water District.
19. If applicable,the applicants shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
20. The operation shall comply with all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
21. The applicants shall utilize the existing internal road access from Carlson Court to Lot 1
through the Prairie Ridge Estates Planned Unit Development, as there will be no direct
access to Weld County Road 84.
22. The off-street parking area,including the access drive,shall be surfaced with gravel,or the
equivalent,and shall be graded to prevent drainage problems to adjacent properties. The
circulation appears to be adequate, as Lot 1 is approximately 11.5 acres in size.
23. Effective January 1, 2003, building permits issued on the proposed lot will be required to
adhere to the fee structure of the County-Wide Road Impact Program.
24. Effective August 1, 2005, building permits issued on the proposed lot will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee.
25. A building permit is required for the two 5,000-square-foot storage buildings. The use is
consistent with an S-2 Occupancy in the 2003 International Building Code,but may require
additional conditions after plan review.
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DEVELOPMENT STANDARDS - GEORGE B. CARLSON AND MARY F. CARLSON
REVOCABLE LIVING TRUSTS, C/O KEVIN AND DEBBIE MARTIN (USR#1531)
PAGE 3
26. A plan review is required for all permitted buildings. 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.
27. 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: 2003
International Building Code,2003 International Mechanical Code,2003 International Plumbing
Code, 2002 National Electrical Code, and Chapter 29 of the Weld County Code.
28. Each building will require an engineered foundation based on a Site-Specific Geotechnical
Report or an open hole inspection performed by a Colorado registered engineer.
Engineered foundations shall be designed by a Colorado registered engineer.
29. Building height,setbacks,and offset distance shall be determined by Chapter 23 of the Weld
County Code and Table 602 of the International Building Code. Separation of buildings of
mixed occupancy classifications shall be in accordance with Table 302.3.3 of the 2003
International Building Code.
30. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
31. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
32. 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.
33. 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. All other changes
shall be filed in the office of the Department of Planning Services.
34. 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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