HomeMy WebLinkAbout20053574.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1530 FORA HOME BUSINESS(MANAGEMENT OF JANITORIAL CLEANING
CONTRACTS WITHIN A MOBILE OFFICE) IN THE A (AGRICULTURAL) ZONE
DISTRICT -JAMES AND GAIL SUTTON
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 28th day of
December,2005,at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of James and Gail Sutton, 5557 Aspen Avenue, Erie, Colorado 80516, for a Site
Specific Development Plan and Use by Special Review Permit #1530 for a Home Business
(management of janitorial cleaning contracts within a mobile office) in the A (Agricultural) Zone
District on the following described real estate, being more particularly described as follows:
Lot 2, Block 2, Carmacar Ranchettes; being part of
the E1/2 of Section 5, 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 23-2-230.6 of the Weld County Code as follows:
a. Section 23-2-230.6.1 --The proposed use is consistent with Chapter22 and
any other applicable code provisions or ordinance in effect.
Section 22-2-60.A (A.Goal 1) states, "Conserve agricultural land for
agricultural purposes which foster the economic health and continuance of
agriculture." This proposal is located within an Agriculturally Zoned
Subdivision, with no agricultural activity.
b. Section 23-2-230.B.2--The proposed use is consistent with the intent of the
A(Agricultural)Zone District. Section 23-3-40.0 of the Weld County Code
provides for a Home Business as a Use by Special Review in the
A(Agricultural)Zone District. The parcel currently has one residence located
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SPECIAL REVIEW PERMIT#1530 - JAMES AND GAIL SUTTON
PAGE 2
on the parcel where the applicants reside. The mobile office will be utilized
for business use only.
c. Section 23-2-230.6.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The surrounding properties are
predominantly residential. The Conditions of Approval, and Development
Standards, are proposed to ensure that the applicant's proposed use will
remain compatible with the existing surrounding land uses.
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 lies
within the three-mile referral area for the City of Dacono, and the Towns of
Frederick and Erie, which have no concerns with the proposed use.
e. Section 23-2-230.6.5 -- 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 Infrastructure Impact Fee.
f. Section 23-2-230.6.6--The applicant has 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"Prime". The lot is not large
enough to be considered viable for farming, per Section 22-2-60.1 (A.Goal 9).
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 James and Gail Sutton for a Site Specific Development
Plan and Use by Special Review Permit#1530 for a Home Business (management of janitorial
cleaning contracts within a mobile office) 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 a Waste Handling Plan, for approval, to the
Environmental Health Services Division of the Weld County Department of
Public Health and Environment. Such approval shall then be submitted to the
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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,
including expected volumes and types of waste generated.
2) A list of the type and volume of chemicals expected to be stored on
the site.
3) The waste handler and facility where the waste will be disposed,
including the facility name, address, and phone number.
B. The plat shall be amended to delineate the following:
1) The plat shall be labeled USR -1530.
2) The attached Development Standards.
3) Adherence to Section 23-2-260.D of the Weld County Code,which
pertains to the Use by Special Review Permit Plat Map.
4) All approved accesses shall be clearly shown 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. Prior to issuance of the Certificate of Occupancy:
A. The septic system shall be reviewed by a Colorado registered professional
engineer. The review shall consist of 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 Heath
Services Division of the Weld County Department of Public Health and
Environment. In the event the system is found to be inadequate, it shall be
brought into compliance with the current regulations.
3. 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.
4. 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
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the Board of County Commissioners Resolution, a $50.00 recording continuance
charge may be added for each additional three (3) month period.
5. 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.
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 28th day of December, A.D., 2005.
I
4 BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: lat1 '� '� '.E `, +,u
45`'� illiam H. rke, Chair
Weld County Clerk to the,* gill
. J. ile, Pro-Tem
BY: 4U I VOJI
D uty Cle to the Board ,
D 'd E. Long
AP ASTOF
Robert D. Vlasd n
unty Attorn y 'LW/IAA
Glenn Vaad
Date of signature:
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JAMES AND GAIL SUTTON
USR#1530
1. The Site Specific Development Plan and Use by Special Review Permit#1530 is for a Home
Business (management of janitorial cleaning contracts within a mobile office) in the A
(Agricultural) Zone District.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code.
3. 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.
4. 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.
5. Waste materials shall be handled,stored,and disposed of in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
6. The applicant shall operate in accordance with the approved Waste Handling Plan.
7. Fugitive dust shall be controlled on this site.
8. 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.
9. Adequate hand washing and toilet facilities shall be provided for employees and patrons of
the facility.
10. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal System (I.S.D.S.) Regulations.
11. The facility shall utilize the existing public water supply, Left Hand Water District.
12. 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.
13. The operation shall comply will all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
14. 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.
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15. 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 Infrastructure Impact Fee.
16. The off-street parking, including the access drive, shall be surfaced with gravel, asphalt,
concrete or the equivalent, and shall be graded to prevent drainage problems.
17. 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.
18 Building permits shall be obtained prior to the construction of any building.
19. A plan review is required for each building. The building shall be set according to the plans
from the manufacturer detailing blocking and tie downs.
20. Buildings shall conform to the requirements of the codes adopted by Weld County at the
time of the permit application. Current adopted Codes include the following: 2003
International Building Code,2003 Mechanical Code,2003 International Plumbing Code,2003
International Fuel Gas Code, 2002 National Electrical Code, and Chapter 29 of the Weld
County Code.
21. 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 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.
22. All proposed,or existing,structures will meet the minimum setback and offset requirements
for the zone district in which the property is located. Pursuant to the definition of setback in
the Weld County Code,the required setback is measured from the future right-of-way line.
23. Should the business cease, the mobile office shall be removed from the property in
accordance to Section 23-4-190 of the Weld County Code.
24. Any future structures, or uses on the site, must obtain the appropriate zoning and building
permits.
25. 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.
26. As indicated in the application,the business shall be limited to one(1)employee,and hours
of operation shall be from 8:00 a.m. to 5:00 p.m., Monday through Friday.
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27. Should the business cease to exist, the modular unit shall be removed from the property
within thirty (30) days.
28. Should noxious weeds exist on the property, or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
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 an
amendment of the permit approved by the Weld County Board of County Commissioners,
before such changes from the plans or Development Standards will be 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.
34. The Use by Special Use 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.
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