HomeMy WebLinkAbout20042010.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1466 FOR A HOME BUSINESS (CONSTRUCTION BUSINESS) IN THE
A (AGRICULTURAL) ZONE DISTRICT - FRANCISCO AND LORRAINE VALENCIA
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 4th day of
August,2004,at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Francisco and Lorraine Valencia,8675 Weld County Road 86, Fort Collins,Colorado
80524-9139,for a Site Specific Development Plan and Use by Special Review Permit#1466 for a
Home Business (construction business) in the A (Agricultural) Zone District on the following
described real estate, to-wit:
Lot 11 of Black Hollow Acres, First Filing; being part
of the E1/2 of Section 33, Township 8 North, Range
67 West of the 6th P.M., Weld County, Colorado
WHEREAS,said applicant was represented by Anne Best-Johnson,Todd Hodges Design,
LLC, 1269 North Cleveland Avenue, Loveland, Colorado 80537, 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 23-2-230.6.1 --The proposed use is consistent with Chapter 22 and
any other applicable Code provisions or ordinance in effect. Section 22-2-60
(A.Goal 4)states, "Conversion of agricultural land to nonurban residential,
commercial,and industrial uses will be accommodated when the subject site
is in an area that can support such development. Such development shall
attempt to be compatible with the region." Application materials indicate that
the site can support the proposed use. The Conditions of Approval and
Development Standards ensure that a reasonable attempt will be made to
be compatible with the vicinity.
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SPECIAL REVIEW PERMIT #1466 - FRANCISCO AND LORRAINE VALENCIA
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b. Section 23-2-230.B.2--The proposed use is consistent with the intent of the
A (Agricultural) Zone District. Currently, the property is in violation
(VI-0300324)for operating a commercial business without a Use by Special
Review (USR). Upon completion of the USR, the violation will be closed.
Section 23-3-40.O of the Weld County Code provides for a Site Specific
Development Plan and Use by Special Review Permit for a home business,
(construction business) 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 properties to the
north, east, and west are primarily residential; the property to the south is
agricultural. The Development Standards and Conditions of Approval will
ensure compatibility with adjacent 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 areas of the Town of Severance
and Larimer County. The Town of Severance and Larimer County both
reviewed the request and found no conflicts with their interests.
e. Section 23-2-230.B.5 — The site does not lie within any Overlay Districts.
Building Permits issued on the lot will be required to adhere to the fee
structure of 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 lot has unclassified soils according to the 1979 U.S.D.A. Soil
Conservation Services Map. The lot is also too small (29.32 acres)to be a
viable farming operation in accordance with Section 22-2-60.1 of the Weld
County Code.
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 Francisco and Lorraine Valencia for a Site Specific
Development Plan and Use by Special Review Permit#1466 for a Home Business (construction
business)in the A(Agricultural)Zone District on the parcel of land described above be,and hereby
is, granted subject to the following conditions:
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SPECIAL REVIEW PERMIT#1466 - FRANCISCO AND LORRAINE VALENCIA
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1. Prior to recording the plat:
A. All pages of the plat shall be labeled USR-1466.
B. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) Weld County Road 86 is designated on the Weld County Roadway
Classification Plan as a local gravel 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 86 shall be delineated as right-of-way on the plat. This road is
maintained by Weld County.
3) The plat shall be in prepared in accordance with Section 23-2-260.D
of the Weld County Code.
C. In the event that one(1)or more acres are disturbed during the construction
and development of this site, the applicant shall inquire with the Water
Quality Control Division (WQCD) of the Colorado Department of Public
Health and Environment if they are required to obtain a Stormwater
Discharge Permit. Alternately, the applicant can provide written evidence
from the WQCD that they are not subject to these requirements. Evidence
of such shall be submitted to the Department of Public Health and
Environment. Written evidence from the Department of Public Health and
Environment indicating the applicant has addressed its concerns shall be
submitted to the Department of Planning Services.
D. Should a floor drain be constructed in the proposed future building, the
applicant shall submit evidence of an Underground Injection Control (UIC)
Class V Injection Well Permit from the Environmental Protection Agency
(EPA). Alternately,the applicant can provide written evidence that they are
not subject to the EPA Class V requirements. Evidence of such shall be
submitted to the Department of Public Health and Environment. Written
evidence from the Department of Public Health and Environment indicating
the applicant has addressed its concerns shall be submitted to the
Department of Planning Services.
E. 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 Building Permit(BCN-030043) is required to meet all the conditions of
the permit and have a final inspection by the Weld County Department of
Building Inspection.
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SPECIAL REVIEW PERMIT#1466 - FRANCISCO AND LORRAINE VALENCIA
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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. 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.
5. The Use by Special Review activity shall not occur, nor shall any Building or
Electrical Permits be issued, 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 4th day of August, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
ir� �e G WELDTtCOL�
D�jjT/� Robert D. Masden, Chair
pu erk to the Board
1861
so} •� � William H. rke, Pro-Tem
�(`1pY ya.
.ept4tlerk to the Board
M. . Geile
APP AS TO Ur
David E. Long
unty Attor ey
Glenn Vaad
Date of signature: /r/ey
2004-2010
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
FRANCISCO AND LORRAINE VALENCIA
USR #1466
1. A Site Specific Development Plan and Use by Special Review Permit#1466 is for a Home
Business (construction business) 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 in a manner that controls fugitive
dust,fugitive particulate emissions, blowing debris,and other potential nuisance conditions.
6. The applicant shall operate in accordance with the approved Waste Handling Plan.
7. A permanent,adequate water supply shall be provided for drinking and sanitary purposes.
8. Any vehicle washing area(s) shall capture all effluent and prevent discharges from drum
washing and the washing of vehicles in accordance with the Rules and Regulations of the
Water Quality Control Commission and the Environmental Protection Agency.
9. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
10. 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.
11. Adequate hand washing and toilet facilities shall be provided.
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. 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.
14. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
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DEVELOPMENT STANDARDS - FRANCISCO AND LORRAINE VALENCIA (USR #1466)
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15. A plan review is required for each building for which a Building Permit is required. 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.
16. 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; 2002 National Electrical Code, and Chapter 29 of the Weld County Code.
17. Except for pole type structures,each building will require an engineered foundation based
on a site-specific geotechnical report or an open hole inspection performed by a Colorado
registered engineer. Engineered foundations shall be designed by a Colorado registered
engineer.
18. 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. When measuring buildings to determine offset and setback
requirements, buildings are measured to the farthest projection from the building.
19. Building height,setbacks,and offset distances shall be determined by the Zoning Ordinance.
Separation of buildings of mixed occupancy classifications shall be accordance with
Section R309.2 of the International Residential Code.
20. The historical flow patterns and run-off amounts will be maintained on the site in such a
manner that will reasonably preserve the natural character of the area and not 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.
21. The off-street parking spaces, including the access drive, shall be surfaced with gravel or
the equivalent and shall be graded to prevent drainage problems.
22. All equipment and vehicles related to the construction business shall be stored inside the
shop or proposed building when on the property in question.
23. All routine maintenance, repairs and/or oil changes shall be conducted inside the shop or
proposed building.
24. There shall be no staging of vehicles within the public right-of-way.
25. Effective January 1,2003, Building Permits issued on the subject property will be required
to adhere to the fee structure of the County-Wide Road Impact Program.
26. To ensure compatibility, no signs shall be permitted on the site pertaining to the home
business.
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DEVELOPMENT STANDARDS - FRANCISCO AND LORRAINE VALENCIA (USR #1466)
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27. The landscaping on the site shall be maintained in accordance with the approved
Landscape/Screening Plan.
28. As indicated by the application materials, the hours of operation will be from 7:00 a.m. to
8:00 p.m., daily. Hours of operation may be extended with specific permission from the
Weld County Board of County Commissioners. This restriction shall not apply to operation
of administrative and executive offices or repair and maintenance facilities located on the
property.
29. As indicated by the application, the number of on-site employees for the home business
shall be limited to two (2), not including the owners.
30. The construction business, as stated in the application materials, shall comply with the
definition of a home business, per Section 23-1-90 of the Weld County Code.
31. 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.
32. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
33. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
34. Personnel from the Weld County Government 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.
35. 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.
36. 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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