HomeMy WebLinkAbout20052068.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1509 FOR A HOME BUSINESS (FISHING SUPPLIES, GEAR AND
GIFTWARE)AND FOR ONE SINGLE FAMILY DWELLING UNIT(OTHER THAN THOSE
PERMITTED UNDER SECTION 23-2-20.A OF THE WELD COUNTY CODE) IN THE
A(AGRICULTURAL) ZONE DISTRICT - JASON AND AMY KRILL
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 Jason and Amy Krill, 5610 Weld County Road 1, Erie, Colorado 80516, for a Site
Specific Development Plan and Use by Special Review Permit#1509 for a Home Business(fishing
supplies, gear and giftware)and for one Single Family Dwelling Unit(other than those permitted
under Section 23-2-20.A of the Weld County Code) in the A (Agricultural) Zone District on the
following described real estate, to-wit:
Part of the S1/2 NW1/4 of Section 6, Township 1
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.
Section 22-2-60.D (A.Goal 4) states, "Conversion of agricultural land to
nonurban residential,commercial and industrial uses will be accommodated
when the subject site is within an area that can support such development."
The use will incorporate an existing building and will have little or no impact
on the surrounding area.
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SPECIAL REVIEW PERMIT #1509 - JASON AND AMY KRILL
PAGE 2
b. Section 23-2-230.B.2--The proposed use is consistent with the intent of the
A(Agricultural)Zone District. Sections 23-3-40.O and 23-3-40.L of the Weld
County Code provide for home businesses and for more than one(1)single
family dwelling per lot, other than those permitted under Section 23-2-20.A
of the Weld County Code,as a Use by Special Review 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. This parcel is surrounded by vacant
land on the north,south,and east sides. A single family residence is located
across Weld County Road 1 to the west in Boulder County.
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 site is
located within the Urban Growth Boundary of the Town of Erie, defined as
being within one half of a mile from existing public sanitary sewer facilities,
as stated in Section 22-2-100.E of the Weld County Code. Weld County
does not have an Intergovernmental Agreement with the Town of Erie in this
location. The Town of Erie, in its referral received April 15,2005, indicated
no conflict with its interests.
e. Section 23-2-230.B.5--The application complies with Chapter 23,Article V,
of the Weld County Code. The site is located within the 100-yearfloodplain
per the FIRM Community-Panel Map number 080260 0960D, dated
September29, 1990. The applicants have a conditionally-approved Flood
Hazard Development Permit(FHDP-491)for the residence and garage on
the property. 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 site is only 2.6 acres in size and has existing buildings and
improvements on the property. It is too small to be considered viable
agricultural land.
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#1509 - JASON AND AMY KRILL
PAGE 3
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of Jason and Amy Krill fora Site Specific Development Plan
and Use by Special Review Permit#1509 fora Home Business(fishing supplies,gear and giftware)
and for one Single Family Dwelling Unit(other than those permitted under Section 23-2-20.Aof the
Weld County Code)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. All sheets of the plat shall be labeled USR-1509.
B. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) The location of the home business/dwelling unit shall be indicated on
the plat.
C. 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 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 applicant shall be
responsible for paying the recording fee.
3. 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.
4. 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.
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SPECIAL REVIEW PERMIT #1509 - JASON AND AMY KRILL
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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
,I � WELD COUNTY, COLORADO
14 E
1861 William H. ke, Chair
tc
4,_,; 1d" ou y Clerk to the Board
II / ile, Pro-Tem
Deputy Clerk to the Board
David E. Long
AP AS TO •
Robert Masden�
ounty A torney �. G�
Glenn Vaad O�
Date of signature: _O
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JASON AND AMY KRILL
USR#1509
1. The Site Specific Development Plan and Use by Special Review Permit#1509 is for a Home
Business(fishing supplies,gear,and giftware)and for one(1)single family dwelling(other
than those permitted under Section 23-2-20.A of the Weld County Code) 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. The business shall adhere to the requirements for a Home Business as defined in
Section 23-1-90 of the Weld County Code. These requirements are:
a) The use is conducted primarily within a dwelling unit or accessory structure and
principally carried on by the family resident therein.
b) The use is clearly incidental and secondary to the principal permitted use and shall
not change the character thereof.
4. The single family dwelling shall be for family members only. The home shall not be used
as a rental for non-family members and employees.
5. The historical flow patterns and run-off amounts shall 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.
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, blowing debris, and other potential nuisance conditions.
9. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
10. The 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 hand washing and toilet facilities shall be provided.
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DEVELOPMENT STANDARDS - JASON AND AMY KRILL (USR#1509)
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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 well.
14. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
15. The installation of any septic system shall comply with the Weld County Individual Sewage
Disposal System (I.S.D.S.) Floodplain Policy.
16. If the building is to be used as a business, the use shall have annual fire inspections.
17. The business shall be limited to one employee who lives on the site as stated in the
application materials.
18. A building permit shall be obtained prior to the construction of any new building,addition or
remodel of the existing building.
19. 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
Intemational 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.
20. Building height shall be measured in accordance with the 2003 International Building Code
for the purpose of determining the maximum building size and height of 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.
21. A plan review is required for each building forwhich a building permit is required. Plans shall
include a floor plan. 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. Provide
a Code Analysis Data Sheet provided bythe Weld County Department of Building Inspection
with each building permit application.
22. 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.
23. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
24. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
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DEVELOPMENT STANDARDS - JASON AND AMY KRILL (USR#1509)
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25. 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.
26. 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.
27. 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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