HomeMy WebLinkAbout20021071.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1378 FOR A USE PERMITTED AS A USE BY RIGHT OR ACCESSORY
USE IN THE COMMERCIAL ZONE DISTRICT (LAWN CARE COMPANY) IN THE
A(AGRICULTURAL) ZONE DISTRICT - DOUGLAS AND KJERSTEN HOBBS
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 15th day
of May, 2002, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Douglas and Kjersten Hobbs, 5327 Weld County Road 18, Longmont,
Colorado 80504, for a Site Specific Development Plan and Use by Special Review
Permit#1378 for a use permitted as a Use by Right or Accessory Use in the Commercial Zone
District (lawn care company) in the A (Agricultural) Zone District on the following described real
estate, to-wit:
Lot A of Recorded Exemption #398; being part of
the SW 1/4 of Section 24, Township 2 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 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 23-2-230.6.1 —The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinances in effect. Section
22-2-140.6 (C.Goal 2) states, "ensure the compatibility of commercial
land uses with adjacent land uses." The applicants' intent is to retain the
residential appearance of their property so the property remains
compatible with the neighborhood. The Development Standards,
Conditions of Approval, and Operations Standards will effectively mitigate
any adverse impacts to the surrounding area. "
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SPECIAL REVIEW PERMIT#1378 - DOUGLAS AND KJERSTEN HOBBS
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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, an Accessory
Use, or a Use by Special Review in the Commercial or Industrial Zone
Districts, provided that the property is not a Lot in an approved or
recorded subdivision plat or lots part of a map or plan filed prior to
adoption of any regulations controlling subdivisions, as a Use by Special
Review in the A (Agricultural) Zone District. Section 23-3-220.B.2 allows
for stores and shops, which furnish services and merchandise at retail to
the general public, as a use allowed by right in the C-2 (General
Commercial) Zone District. Section 23-3-240 allows for outdoor storage
areas as an accessory use in the C-4 (Highway Commercial) Zone
District. The applicants' business is providing a retail service to the
general public. There will be limited outside storage until a barn is
constructed, and at that time all vehicles and equipment will be relocated
into the barn.
c. Section 23-2-230.B.3—The uses which will be permitted will be
compatible with the existing surrounding land uses. The surrounding
area is primarily rural residential. The neighboring lots are long and
narrow which situates the existing residences in close proximity. There is
a subdivision to the north, which is located wtinin the Town limits of
Frederick, that is visible from the applicants' property. Outside storage of
materials in a Commercial Zone District requires screening from public
rights-of-way and adjacent properties. Although the site is zoned
Agricultural, Planning Staff has determined that adequate screening will
be necessary to ensure compatibility with future uses. Once the barn is
constructed all company related vehicles and equipment will be stored
inside in accordance with Development Standard #7. The Conditions of
Approval and Development Standards will ensure that the proposal is
consistent with surrounding land uses.
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. This proposal does lie within the
Intergovernmental Agreement area for the Town of Frederick. The Town
of Frederick returned the required Notice of Inquiry form on February 26,
2002, and indicated no comments or concems at that time. On March 7,
2002, the Town of Frederick's Planning Commission reviewed the referral
request and requested the applicants pay the appropriate road impact fee
due to an increase in traffic. Development Standard #10 requires the
payment of the appropriate road impact fee as determined by the Road
Impact Fee Committee. No response was received from the Towns of
Firestone and Dacono.
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SPECIAL REVIEW PERMIT#1378 - DOUGLAS AND KJERSTEN HOBBS
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e. Section 23-2-230.6.5— The application complies with Section 23-5-100
of the Weld County Code. Effective December 1, 1999, Building Permits
issued on the lots will be required to adhere to the fee structure of the
Southwest Weld Road Impact Program Area 3. The site lies within the
designated geological hazard area, but is not located in an area classified
as severe or moderate, therefore, a Geological Hazard Development
Permit is not required.
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 property is Lot B of Recorded Exemption #398 and is
considered "Other"agricultural land by the Important Farmlands of Weld
County Map, dated 1979.
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.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Douglas and Kjersten Hobbs for a Site Specific
Development Plan and Use by Special Review Permit#1378 for a use permitted as a Use by
Right or Accessory Use in the Commercial Zone District (lawn care company) 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 plat shall be amended to delineate the following:
1) The attached Development Standards.
2) Conform to Section 23-3-260.D of the Weld County Code which
refers to requirements for the Use by Special Review Permit Plan
Map.
3) The plat shall be labeled Use by Special Review, USR-1378.
4) Indicate equipment and employee parking.
5) The compost pile shall be deleted.
6) Indicate the on-site traffic circulation pattern.
7) Designate the screened storage area to be utilized prior to
construction of the barn.
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8) One identification sign per principal use is allowed in the
A(Agricultural) Zone District. The plat shall be amended to
indicate any proposed signage.
B. The applicants shall submit two (2) paper copies of the plat for
preliminary approval to the Weld County Department of Planning
Services.
C. A Dust Abatement Plan to address parking concerns shall be submitted
to the Weld County Department of Public Health and Environment,
Environmental Health Services Division, for approval prior to operation.
Evidence of approval shall be submitted to the Weld County Department
of Planning Services.
D. The septic system serving the house shall be reviewed by a Colorado
Registered Professional Engineer. The review shall consist of
9 9
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. Evidence of
approval shall be submitted to the Weld County Department of Planning
Services.
E. The applicants shall submit a Waste Handling Plan to the Weld County
Department of Public Health and Environment, Environmental Health
Services Division. Evidence of approval shall be submitted to the Weld
County 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 site,
including expected volumes and types of waste generated.
2) A list of the type and volume of chemicals expected to be stored
on site.
3) The waste handler and facility where the waste will be disposed,
including the facility name, address, and phone number.
2. Upon completion of item#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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3. The Department of Planning Services respectively 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 maDsOco.weld.co.us.
4. The barn shall be constructed by September 1, 2002.
5. Prior to operation:
A. The requirements of the Weld County Department of Building Inspection
shall be adhered to as required by the referral received March 15, 2002.
6. 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 15th day of May, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COL°RADO
asta
ATTEST: �%L. _/{�
'vr`l9ity G Vaad, Chair
Weld County Clerk tot
cWeeBY: David E. L• 'g, Pro-
Deputy Clerk to the Boar
M. J. eile
O D • - TO RM:
'Ili . Jerke
� �,
ty A or ey Robert D. Masden
Date of signature: //
2002-1071
PL1603
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DOUGLAS AND KJERSTEN HOBBS
USR#1378
1. The Site Specific Development Plan and Use by Special Review Permit is for a use
permitted as a Use by Right or Accessory Use in the Commercial Zone District(lawn care
company) 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. Off-street parking spaces,including the access drive,shall be surfaced with gravel,asphalt,
or equivalent and shall be graded to prevent drainage problems.
4. No parking or staging of vehicles shall be allowed on Weld County Road 18. Utilize on-site
parking areas.
5. Employee hours of operation shall be from 7:00 a.m. to 5:30 p.m., Monday through
Saturday. This does not preclude the owners from doing repairs at other times. Employee
hours of operation may be expanded with specific permission from the Board of County
Commissioners.
6. No on-site composting of business related waste is allowed.
7. Company vehicles and related equipment shall be screened by opaque fencing and shall
not be visible from public rights-of-way or adjacent properties until the barn is constructed.
Company vehicles and related equipment shall be stored inside the barn once the building
is constructed.
8. The maximum number of employees shall be five (5). This does not include the owners of
the property.
9. The number of trucks associated with the business shall not exceed five (5).
10. Effective December 1, 1999, Building Permits issued on the lot will be required to adhere
to the fee structure of the Southwest Weld Road Impact Program Area 3 as determined by
the Road Impact Fee Committee.
11. 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.
12. 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.
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13. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
14. Fugitive dust shall be controlled on this site.
15. The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District as delineated in Section 25-12-103, C.R.S.
16. Adequate toilet and handwashing facilities shall be provided for employees.The employees
shall be allowed to use the handwashing and toilet facilities located at the applicants'
residence.
17. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and
handled in a safe manner. Reference Section 25-8-205.5 of the Colorado Water Quality
Control Act and Rules and Regulations.
18. The facility shall utilize the existing public water supply (Central Weld County Water
District).
19. The facility shall operate in accordance with the approved Dust Abatement Plan.
20. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
21. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
22. Personnel from the Weld County Departments of Public Health and Environment, Planning
Services, and Public Works 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.
23. The Use by Special Review area shall be limited to the plans shown hereon and govemed
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.
24. 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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