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Home My WebLink About20061077.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT #1538 FOR A HOME BUSINESS (MORRISON ENGINEERING) IN THE A (AGRICULTURAL) ZONE DISTRICT - MATTHEW AND KRISTI MORRISON 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 3rd 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 Matthew and Kristi Morrison,5491 Sage Court,Johnstown,Colorado 80534,fora Site Specific Development Plan and Use by Special Review Permit #1538 for a Home Business (Morrison Engineering)in the A(Agricultural)Zone District on the following described real estate, being more particularly described as follows: Lot 8, Block 4, Northmoor Acres, 2nd Filing; being part of the SW 1/4 of Section 24, Township 4 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 23-2-230.8 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 22-2-180.H-Residential development on agriculturally zoned land is provided to aid in the continuation of agricultural production and/or to accommodate low intensity development. The Department of Planning Services has determined that a single family residence with a home business (Morrison Engineering) is low intensity. 2) 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, 2006-1077 PL1834 ec ; PL, nu, titcfre) Mire_ os ac1 o0 SPECIAL REVIEW PERMIT#1538 - MATTHEW AND KRISTI MORRISON PAGE 2 scale,density,traffic, dust,and noise." The Conditions of Approval and Development Standards ensure the site will not have an adverse impact on the surrounding properties. 3) Section 22-2-60.D(A.Goal 4)states,"The 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 surrounding properties are primarily agricultural and residential. The applicant is proposing an on-site septic system, and the water will be provided by an individual well. A violation (VI-0300343)was initiated for the operation of a home business without the necessary permits. The violation was presented to the Board of County Commissioners on October 11, 2005, at which time the matter was referred to the Weld County Attorney's Office,with delayed legal action for thirty(30)days, thus giving the applicant time to submit a land use application. b. Section 23-2-230.B.2--The proposed use is consistent with the intent of the A(Agricultural)Zone District. Section 23-3-430.H of the Weld County Code provides for a home business in the A (Agricultural)Zone District. Home businesses are defined as incidental uses to the principal permitted use for gainful employment of the family residing on the property. This application is for Morrison Engineering, which is for the direct benefit of the family residing on the site, and is periodic and incidental to the residential use. c. Section 23-2-230.B.3 --The uses that will be permitted will be compatible with the existing surrounding land uses. The surrounding properties are residential(NorthmoorAcres Subdivision)with agricultural operations to the east of this proposed facility (Longs Peak Dairy, USR-1258). Existing mature landscaping will 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 Berthoud, Johnstown,and Mead,and each municipality responded with no concerns. 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 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. 2006-1077 PL1834 SPECIAL REVIEW PERMIT#1538 - MATTHEW AND KRISTI MORRISON PAGE 3 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 property is located in a platted subdivision,there is no associated irrigation water, and the 1.27-acre parcel is not conducive for agricultural activities. 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 Matthew and Kristi Morrison for a Site Specific Development Plan and Use by Special Review Permit #1538 for a Home Business (Morrison Engineering) 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 provide written evidence that the existing access to the property is from Sage Court. It appears to the Department of Public Works that the applicant may be utilizing the field access owned by the adjacent property owner to the east. If said field access is being used on a regular basis, the applicant shall submit documentation that the adjacent property owner has given permission to utilize the adjacent property for access. 2. The plat shall be amended to delineate the following: A. All sheets shall be labeled USR-1538. 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 location of the dumpster or other trash receptacle device shall be delineated on the plat. Areas used for trash collection shall be screened from public rights-of-way and all adjacent properties. These areas shall be designed and used in a manner that will prevent trash from being scattered by wind or animals,as outlined in Section 23-3-250.A.6 of the Weld County Code. E. The applicant shall provide a Lighting Plan. Should exterior lighting be a part of this facility, all light standards shall be delineated on the Use by Special 2006-1077 PL1834 SPECIAL REVIEW PERMIT#1538 - MATTHEW AND KRISTI MORRISON PAGE 4 Review plat in accordance with Section 23-2-250.D.1 of the Weld County Code. F. The existing and approved accesses shall be clearly shown on the plat. 3. The applicant shall submit two(2)paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. 4. With completion of Conditions of Approval#1,#2,and#3,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 sixty(60)days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 5. In accordance with Weld County Code Ordinance#2005-7,approved June 1,2005, should the plat not be recorded within the required sixty(60)days from the date the Resolution was signed, a$50.00 recording continuance charge shall be added for each additional three (3) month period. 6. 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. 7. Prior to the release of building permits: A. A building permit is required for the change of use for the 40-foot by 40-foot shop. Two complete sets of engineer-stamped plans will be required at the time of the permit application. One set of plans will need to be submitted to the local fire district. B. Buildings shall conform to the various codes adopted at the time of the 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. C. 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. 2006-1077 PL1834 SPECIAL REVIEW PERMIT#1538 - MATTHEW AND KRISTI MORRISON PAGE 5 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. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 3rd day of May, A.D., 2006. 1ZI( ��OARD OF COUNTY COMMISSIONERS a , LD CO/ TY, COLORADO / ATTEST: 4 '� �. it a`�`452 =,<Z1 e'le, Ch.it Weld County Clerk to the Bo\,© a t c� David E. Long, Pro-Tem BY: De ty Cler to the Board et-2.7 / W" mH. Jrke AP OV AST RM: VW �1/ Robert D. Masde un At orn Glenn Date of signature: Sj1001, 2006-1077 PL1834 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS MATTHEW AND KRISTI MORRISON USR#1538 1. A Site Specific Development Plan and Use by Special Review Permit#1538 is for a Home Business (Morrison Engineering) 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. To ensure compatibility, and if an on-site sign(s) is desired, the signs shall adhere to Sections 23-4-90.A and 23-4-90.6 of the Weld County Code. 4. The number of employees shall be limited to family members residing on the property, as stated in the application materials for a Home Business,which is defined as an incidental use to the principal permitted use for gainful employment of the family residing on the property where: 1) such use is conducted primarily within a dwelling unit or accessory structure and principally carried on by the family resident therein;and 2)such use is clearly incidental and secondary to the principal permitted use and shall not change the character thereof. 5. The hours of operation shall be from 8:00 a.m. to 5:00 p.m., Monday through Friday, as stated in the application materials. 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 forfinal 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 in a manner that controls fugitive dust,fugitive particulate emissions,blowing debris,and other potential nuisance conditions. 10. Fugitive dust and fugitive particulate emissions shall be controlled on this site. 11. 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. 12. Adequate hand washing and toilet facilities shall be provided. 13. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. 14. The facility shall utilize the existing public water supply(Little Thompson Water District). 2006-1077 PL1834 DEVELOPMENT STANDARDS - MATTHEW AND KRISTI MORRISON (USR#1538) PAGE 2 15. The operation shall comply with all applicable rules and regulations of the state and federal agencies and the Weld County Code. 16. Sage Court is located within NorthmoorAcres Subdivision. This road is maintained by Weld County. 17. The applicant shall utilize parking in front of the property on the cul-de-sac or utilize the driveway, as the frontage of the property is 50 feet in width. 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 or storm run-off. 19. The applicant must take into consideration stormwater capture/quantity and provide accordingly for Best Management Practices. 20. Any future structures or uses on the site must obtain the appropriate zoning and building permits. 21. 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,2003 International Fuel Gas Code,2002 National Electrical Code,and Chapter29 of the Weld County Code. 22. 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. 23. Building height,wall and opening protection and limitations,and separation of buildings of mixed occupancy classifications shall be in accordance with the Building Code. Setback and offset distances shall be determined by the Weld County Code. 24. 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. 25. 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. 26. The existing landscaping and screening on the site shall be maintained at all times. 2006-1077 PL1834 DEVELOPMENT STANDARDS - MATTHEW AND KRISTI MORRISON (USR #1538) PAGE 3 27. 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. 28. 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. 29. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 30. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 31. 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. 32. 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. 33. 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. 2006-1077 PL1834 Hello