HomeMy WebLinkAbout20061159.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1547 FOR A HOME BUSINESS (ANIMAL/PET CREMATORY) IN THE
A(AGRICULTURAL) ZONE DISTRICT- CHARLES AND PENNY MYERS III
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 10th day of
May, 2006, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Charles and Penny Myers III,4998 Weld County Road 34,Platteville,Colorado 80651,
for a Site Specific Development Plan and Use by Special Review Permit #1547 for a Home
Business(animal/pet crematory)in the A(Agricultural)Zone District on the following described real
estate, being more particularly described as follows:
Lot B of Recorded Exemption#2450;being part of the
NE1/4 of Section 14, Township 3 North, Range 68
West of the 6th P.M., Weld County, Colorado
WHEREAS, 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 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 applicants have
shown compliance with Section 23-2-230.B 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 ordinances in effect.
1) Section 22-2-150.B.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 primary use of the
property is residential. The crematory facilities will not have a
negative impact on the surrounding properties. The crematory will be
located in a new structure as indicated on the plat. The existing
structure on the site will consist of an office with restroom and
washing facilities.
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SPECIAL REVIEW PERMIT#1547 - CHARLES AND PENNY MYERS III
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b. Section 23-2-230.8.2--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 fora Home Business(animal/pet crematory)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. The surrounding property is
primarily agricultural with single family homes. A single family home is
located in close proximity, directly west of the property. The home on the
subject site is currently utilizing an on-site septic system and the water will
be provided by the Little Thompson Water District.
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 subject
property is within the three-mile referral area for the City of Longmont and the
Town of Mead. The City of Longmont indicated,in its referral,that it does not
object to the application and finds no conflicts with its interests. The Town
of Mead,in its referral,requested the County require the applicants to petition
for annexation to the Town. The Town of Mead is approximately one-half
mile west of the site.
e. Section 23-2-230.6.5--The application complies with Chapter 23,Article V,
of the Weld County Code. 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 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 applicants have demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the proposed
use. The United States Department of Agriculture (U.S.D.A.) Soils Maps
indicate the soils on this property are designated as "prime irrigated"
farmland of Weld County. The size of the parcel does not allow for a viable
farming operation.
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),
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.
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SPECIAL REVIEW PERMIT#1547 - CHARLES AND PENNY MYERS III
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NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Charles and Penny Myers III, for a Site Specific
Development Plan and Use by Special Review Permit#1547 for a Home Business (animal/pet
crematory)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 applicants shall attempt to address the concerns and requirements of
the Mountain View Fire Protection District, as stated in its referral dated
February 17,2006. Written evidence shall be provided to the Department of
Planning Services.
B. The Longmont Soil Conservation District has provided information regarding
the soils on the site. The applicants shall review the information and use it
to positively manage on-site soils.
C. The applicants shall attempt to address the concerns and requirements of
the Town of Mead,as stated in its referral dated February 15,2006. Written
evidence shall be provided to the Department of Planning Services.
D. The applicants shall apply to the Weld County Department of Building
Inspection fora building permit for the change in use of the existing building.
The applicants shall also address the concerns and requirements of the
Department of Building Inspection, as outlined in its referral dated
February 13,2006. Written evidence shall be provided to the Department of
Planning Services.
E. The applicants shall submit evidence of an Air Pollution Emission Notice
(A.P.E.N.)and Emissions Permit application from the Air Pollution Control
Division,Colorado Department of Health and Environment. Written evidence
of approval shall be submitted to the Department of Planning Services.
F. 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. Written 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.
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SPECIAL REVIEW PERMIT#1547 - CHARLES AND PENNY MYERS III
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3) The waste handler and facility where the waste will be disposed
(including the facility name, address, and phone number).
G. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR-1547.
2) The plat shall meet all requirements as listed in Section 23-2-260.D
of the Weld County Code.
3) Weld County Road 34 is designated on the Weld County
Classification Plan as a collector status road, which requires an
80-foot right-of-way at full build out. There is presently 60 feet of
right-of-way. A total of 40 feet from the centerline of Weld County
Road 34 shall be delineated on the plat as future right-of-way. This
road is maintained by Weld County.
4) At the time of expansion of Weld County Road 34 all on-site
improvements shall be relocated, in compliance with the Weld
County Code, at the owners' expense.
5) The plat shall delineate the existing access,as approved by the Weld
County Department of Public Works,in its referral dated February 3,
2006.
6) The off-street parking spaces, including the access drive, shall be
surfaced with gravel,recycled asphalt,or the equivalent,and shall be
graded to prevent drainage problems.
7) The attached Development Standards.
H. The applicants 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 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 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.
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SPECIAL REVIEW PERMIT#1547 - CHARLES AND PENNY MYERS III
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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 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 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 10th day of May, A.D., 2006.
BOARD OF COUNTY COMMISSIONERS
LD CO �r Y, COLORADO
avidATTEST: ,' 1 .�..,��� ice:.,'/�✓,
452 . eile, Chair Weld County Clerk to the Bo.
W ���' USED
`� ► vid E. Long, Pro-TemBY: ,
D())
ty Clerk'to the Board 441 g er.
W" m H. Jerke
APPROVED AS TO FORM: 11(( V' o
Robert D. Mande
ify-xuejinty Attorney ( �
Glenn Vaad
Date of signature: s1zti it)Co
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CHARLES AND PENNY MYERS III
USR#1547
1. The Site Specific Development Plan and Use by Special Review Permit#1547 is for a Home
Business (animal/pet crematory) 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. No more than two outside employees are permitted.
4. No wildlife shall be cremated at the site.
5. 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.
6. 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.
7. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust,fugitive particulate emissions,blowing debris,and other potential nuisance conditions.
8. The applicants shall operate in accordance with the approved Waste Handling Plan.
9. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
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 toilet and hand washing facilities shall be provided for patrons of the facility.
Patrons shall be allowed to use the restroom facilities in the residence.
12. 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(Little Thompson Water District).
14. A building permit shall be obtained prior to the construction of any new building,addition,or
remodel of the existing building.
15. A plan review is required for each building for which a building permit is required. Plans shall
include a floor plan, and may be required to bear the wet stamp of a Colorado registered
architect or engineer. Two complete sets of plans are required when applying for each
permit.
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DEVELOPMENT STANDARDS - CHARLES AND PENNY MYERS III (USR#1547)
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16. Fire resistance of walls and openings,construction requirements,maximum building height,
and allowable areas will be reviewed at the plan review. Setback and offset distances shall
be determined by the Weld County Code.
17. 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 Residential Code,2003 International
Mechanical Code, 2003 International Plumbing Code, 2003 International Fuel Code,
2002 National Electrical Code, and Chapter 29 of the Weld County Code.
18. 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 of storm run-off.
19. The applicants must take into consideration stormwater capture/quantity and provide
accordingly for Best Management Practices.
20. The off-street parking spaces, including the access drive, shall be surfaced with gravel,
recycled asphalt, or the equivalent, and shall be graded to prevent drainage problems.
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 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.
23. 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.
24. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
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 the 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.
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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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