HomeMy WebLinkAbout20001038.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1266 FOR A HOME BUSINESS (MACHINE SHOP) IN THE
A (AGRICULTURAL) ZONE DISTRICT -WILLIAM AND JOYCE RHOTON
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 10th day
of May, 2000, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of William and Joyce Rhoton, 39260 Weld County Road 68, Briggsdale,
Colorado 80611, for a Site Specific Development Plan and Use by Special Review
Permit#1266 for a Home Business (machine shop) in the A (Agricultural) Zone District on the
following described real estate, to-wit:
SW1/4 SW114 of Section 22, Township 6 North,
Range 62 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was present at said hearing, and
WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards
for review of said 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 24.7 of the Weld County Zoning Ordinance.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance as
follows:
a. Section 24.4.2.1 -- The proposal is consistent with the Weld County
Comprehensive Plan. A.Goal 1 states, "Preserve prime farmland for
agricultural purposes which foster the economic health and continuance
of agriculture." The U.S.D.A. Soils Maps indicate that the soils on this
property are designated "Other" lands. No "Prime" farmland will be taken
out of production.
b. Section 24.4.2.2 -- The proposal is consistent with the intent of the
A (Agricultural) Zone District in which the use is located. Section 3^.4.15
of the Weld County Zoning Ordinance provides for home businesses as a
Use by Special Review in the A (Agricultural) Zone District.
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SPECIAL REVIEW PERMIT #1266 - WILLIAM AND JOYCE RHOTON
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c. Section 24.4.2.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. Uses within the surrounding area
are limited residential and dryland pasture. The Conditions of Approval
and Development Standards ensure that any incompatibilities will be
mitigated.
d. Section 24.4.2.4 -- 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 the
Comprehensive Plan or Master Plan of affected municipalities. The site
does not lie within the Urban Growth Boundary or referral area of any
municipality.
e. Section 24.4.2.5 -- This proposal does not lie within any Overlay Districts.
f. Section 24.4.2.5 -- The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the
proposed use. The proposed site is designated "Other" by the U.S.D A.
Soil Conservation Services. No prime farm ground exists on the site.
g. Section 24.4.2.7 -- The Design Standards (Section 24.5 of the Weld
County Zoning Ordinance), Operation Standards (Section 24.6 of the
Weld County Zoning Ordinance), 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 William and Joyce Rhoton for a Site Specific
Development Plan and Use by Special Review Permit #1266 for a Home Business (machine
shop) in the A (Agricultural) Zone District on the hereinabove described parcel of land be, and
hereby is, granted subject to the following conditions:
1. The attached Development Standards for the Use by Special Review Permit
shall be adopted and placed on the Use by Special Review Plat prior to recording
the plat. The completed plat shall be delivered to the Department of Planning
Services and be ready for recording in the Weld County Clerk and Recorder's
Office within 30 days of approval by the Board of County Commissioners.
2. Prior to recording the plat:
A. All material, equipment, and trash dumpsters stored outside must be
screened from Weld County Road 79.5 and adjacent properties. A
detailed screening plan shall be submitted to the Department of Planning
Services for review and approval. If live material is used, include
common and botanical name, size and number of plants. The plan shall
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SPECIAL REVIEW PERMIT#1266 - WILLIAM AND JOYCE RHOTON
PAGE 3
also address maintenance of the landscaping materials and potential
replacement of dying materials. The approved plan shall be delineated
on the plat map.
B. The applicant 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 (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).
C. The plat shall be amended according to the following
1) The plot plan shall indicate Weld County Road 79.5.
D. The applicant shall apply for a building permit as required by the Weld
County Department of Building Inspection as indicated in a referral dated
March 21, 2000. The site shall comply with all Department of Building
Inspection requirements prior to operation.
E. The applicant shall place a minimum of two inches of road base in the
parking lot to provide an all-weather surface.
F. The material, equipment, and pile of miscellaneous items stored outside
at the end of Weld County Road 49.5 right-of-way are considered to be
part of a noncommercial junkyard and must be removed from the
property or screened from all adjacent properties and public rights-of-
way. The property is in violation of the Weld County Zoning Ordinance.
The applicant shall schedule a final inspection with the Weld County
Zoning Compliance Officer, and submit a copy of the closure letter
indicating compliance with the Weld County Zoning Ordinance.
3. 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#1266 - WILLIAM AND JOYCE RHOTON
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 10th day of May, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
I/� WEALD COUNTY, COLORADO
(6
ATTEST: ► � i. ,•, /.a /
/X
arbara J irkmeyer, Chair
Weld County Clerk to the :thafeat
BY:
f
. . ile, Pro-Tem
Deputy Clerk to the Boa - _� '�—
eorg- E. Baxter
APPROVED AS TO,F.
ale K. Hall
/Canty Attorn w4)
Glenn Vaad
2000-1038
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
WILLIAM AND JOYCE RHOTON
USR#1266
1. The Site Specific Development Plan and Use by Special Use Permit is for a Home
Business(machine shop)in the A(Agricultural)Zone District,as indicated in the application
materials on file and subject to the Development Standards stated hereon. The applicant
is limited to one apprentice at any given time, and the apprentice shall not be considered
an employee.
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld
County Zoning Ordinance.
3. All liquid and solid wastes 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.
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
6. Fugitive dust shall be controlled on this site.
7. The maximum permissible noise level shall not exceed the residential limit of 55 db(A) as
measured according to Section 25-12-102, C.R.S.
8. The facility shall utilize the existing septic system (Permit#G-19740031).
9. 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.
10. The facility shall utilize the existing well.
11. The screening/landscaping on-site shall be maintained in accordance with the approved
plan.
12. The parking lot shall be maintained in a manner to provide an all-weather surface.
13. The property owner or operator shall be responsible for complying with the Design
Standards of Section 24.5 of the Weld County Zoning Ordinance.
14. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance.
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15. Personnel from the Weld County Departments of Public Health and Environment and
Planning Services shall be granted access onto the property at any reasonable lime in
order to ensure the activities carried out on the property comply with the Development
Standards stated herein and all applicable Weld County regulations.
16. 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.
17. 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.
2000-1038
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