HomeMy WebLinkAbout20052053.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1511 FOR A HOME BUSINESS (STORAGE OF EXCAVATING/
CONSTRUCTION EQUIPMENT) IN THE A (AGRICULTURAL) ZONE DISTRICT -
ALAN AND CAROL DAVIS
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
August,2005,at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Alan and Carol Davis,3314 Weld County Road 36,Mead,Colorado 80542,fora Site
Specific Development Plan and Use by Special Review Permit#1511 fora Home Business(storage
of excavating/construction equipment)in the A(Agricultural)Zone District on the following described
real estate, to-wit:
Lot B of Recorded Exemption#3227;being partof the
NW1/4 of Section 10, Township 3 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 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 applicant has 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 ordinance in effect.
1) Section 22-2-150.B.5.b(I.Policy 2.5)states,"ensure the compatibility
with surrounding land use in terms of general use, building height,
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.
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SPECIAL REVIEW PERMIT#1511 -ALAN AND CAROL DAVIS
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2) Section 22-2-60.D(A.Goal 4)states,"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 residential in
nature. The applicant is proposing to utilize the home on the property
to the east for restroom facilities. The home is currently utilizing an
on-site septic system and the water will be provided by the Little
Thompson Water District. One of the Conditions of Approval
requires the Use by Special Review boundaries be changed to
include the home to the east.
b. Section 23-2-230.B.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 (storage of excavating/construction
equipment) in the A (Agricultural)Zone District.
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
residential in nature. The existing landscaping and screening on the site is
compatible with the surrounding properties and shall mitigate the impact to
the neighboring properties. Vale View Subdivision, located directly to the
north of the site, responded by stating that it is supportive of this project,it is
impeccably kept, and the Davis family has been an excellent neighbor.
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 orordinances
in effect,or the adopted Master Plans of affected municipalities. The subject
property is within the three-mile referral area for the Towns of Mead and
Berthoud. Both municipalities indicated in their referrals that they do not
object to the application and find no conflicts with their interests.
e. Section 23-2-230.B.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.
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 U.S.D.A. Soils Maps indicate that the soils on this property are
designated as"Other"and"Prime"farmland of Weld County. The size of the
parcel does not allow for a viable farming option.
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SPECIAL REVIEW PERMIT#1511 - ALAN AND CAROL DAVIS
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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 Alan and Carol Davis for a Site Specific Development Plan
and Use by Special Review Permit#1511 fora Home Business(storage of excavating/construction
equipment)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 submit written evidence to the Department of Planning
Services that the existing building on site has been appropriately permitted
by the Department of Building Inspection.
B. The applicant shall attempt to address the concerns/requirements of the
Mountain View Fire Protection District. Written evidence shall be provided
to the Department of Planning Services.
C. The applicant shall submit a waste handling plan, for approval, to the
Environmental Health Services Division of the Weld County Department of
Public Health & 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 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
site.
3) The waste handler and facility where the waste will be disposed
(including the facility name, address, and phone number).
D. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR-1511.
2) The plat shall meet all requirements as listed in Section 23-2-260.D
of the Weld County Code.
3) The plat shall be amended to include the home on Lot A of RE-3227
to utilize the restroom facilities.
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SPECIAL REVIEW PERMIT#1511 -ALAN AND CAROL DAVIS
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4) Weld County Road 36 is designated on the Weld County Road
Classification Plan as a local paved road, which requires 60 feet of
right-of-way at full build out. There is presently 60 feet of
right-of-way. A total of 30 feet from the centerline of Weld County
Road 36 shall be delineated on the plat as right-of-way. This road is
maintained by Weld County.
5) The attached Development Standards.
E. The applicant 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 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 Department of Planning Services'Staff. 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. 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 be added for each additional three (3) month period.
4. 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
maps@co.weld.co.us.
5. The Special Review activity shall not occur nor shall any building or electrical permits
be issued on the property until the Special Review plat is ready to be recorded in the
office of the Weld County Clerk and Recorder.
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SPECIAL REVIEW PERMIT#1511 -ALAN AND CAROL DAVIS
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The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 3rd day of August, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
atedia4 V-1-1 -7--- /,‘-te
William H. rke, Chair
. -,
,1861 U Via"'n Clerk to the Board
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"Al:
'SO p�ECT? / ,, M. eile lrro-Tem
ar+ieputy Clerk to the Board
D 'd E. Long
APP Fj9V AS TO F •
Robert D. M�as�n
u yAttorney AM" 6 eg
Glenn Vaad
Date of signature: #77.7k,
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ALAN AND CAROL DAVIS
USR#1511
1. The Site Specific Development Plan and Use by Special Review Permit#1511 is fora home
business(storage of excavating/construction 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. No employees are 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.
5. The applicant shall utilize the existing access to the site.
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 for final disposal in a manner that
protects against surface and groundwater contamination.
7. 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.
8. 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.
9. The applicant shall operate in accordance with the approved Waste Handling Plan.
10. If applicable,the applicant shall comply with all provisions of the Underground and Above
Ground Storage Tank Regulations (7 CCR 1101-14).
11. If applicable,any vehicle washing area(s)shall capture all effluent and prevent discharges
from the washing of vehicles in accordance with the Rules and Regulations of the Water
Quality Control Commission and the Environmental Protection Agency.
12. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
13. This 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.
14. Adequate toilet and hand washing facilities shall be provided. The toilet facilities located in
the residence shall be utilized.
15. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
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16. The facility shall utilize the existing public water supply (Little Thompson Water District).
17. All 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.
18. The septic system is required to be designed by a Colorado registered professional engineer
according to the Weld County Individual Sewage Disposal System (I.S.D.S.)Regulations.
19. An individual sewage disposal system is required for the proposed future home and shall be
installed according to the Weld County I.S.D.S. Regulations.
20. A building permit shall be obtained prior to the construction of any new building,or addition
or remodel of the existing building.
21. A plan review is required for each building for which a building permit is required. Plans shall
include a floor plan. Plans 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.
22. The building will be classified as S-2(Storage). Bathroom facilities shall be provided within
500 feet of the structure and shall be accessible to persons with disabilities. 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.
23. 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 for
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.
24. 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.
25. 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.
26. The concrete approaches are to be installed in the future in front of all doors and extended
out 25 linear feet.
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27. 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.
28. The landscaping on the site shall be maintained in accordance with the approved Landscape
Plan.
29. 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.
30. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
31. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
32. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code.
33. 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 complywith the
Development Standards stated herein and all applicable Weld County regulations.
34. 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.
35. 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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