HomeMy WebLinkAbout20001024.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1263 FOR A HOME BUSINESS (AUTOMOBILE PAINTING, BODY REPAIR,
AND RESTORATION SHOP) IN THE A(AGRICULTURAL) ZONE DISTRICT -TRACY
AND MIKELE WRIGHT
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 31st 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 Tracy and Mikele Wright, 1906 Mountain View Street, Erie, Colorado 80516,
for a Site Specific Development Plan and Use by Special Review Permit#1263 for a Home
Business (automobile painting, body repair, and restoration shop) in the A (Agricultural) Zone
District on the following described real estate, to-wit:
Lot 15, Block 4, Carmacar Ranchettes, located in
the E1/2 of Section 5, Township 1 North, Range 68
West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicants were 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 2 allows for commercial and industrial
uses to locate in the A (Agricultural) Zone District when the impact to
surrounding properties is minimal, and where adequate services and
infrastructure are available. The Development Standards, Conditions of
Approval, and Operations Standards will effectively mitigate any adverse
impacts to surrounding areas.
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SPECIAL REVIEW PERMIT #1263 - TRACY AND MIKELE WRIGHT
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b. Section 24.4.2.2 -- This proposal is consistent with the intent of the A
(Agricultural) Zone District. Section 31.4.15 of the Weld County Zoning
Ordinance describes a Home Business as a Use by Special Review in
the A (Agricultural) Zone District.
c. Section 24.4.2.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The surrounding property is in
the Carmacar Ranchettes Subdivision. There are several single-family
homes in the area on one-acre lots. There has been one letter of
opposition submitted regarding this request and this Use by Special
Review application was initiated from a zoning violation that resulted from
a complaint from a neighboring property. The Use by Special Review
Permit Conditions of Approval and Development Standards will help to
ensure that the repair business is conducted entirely within the enclosed
building and ensure that the building meets building and fire codes.
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 Plans of affected municipalities. The site
lies within the referral areas of Erie, Frederick and Dacono. No referral
responses were received from these communities.
e. Section 24.4.2.5 -- That the application complies with the Weld County
Zoning Ordinance, Section 50, Overlay District Regulations if the
proposal is located within the Overlay District Areas identified by maps
officially adopted by Weld County. The property is not located with n any
overlay district areas.
f. Section 24.4.2.6 -- The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the
proposed use. The use is located on land designated as "Prime"
according to the U.S.D.A. Soils Map. However, the property is located
within an existing residential subdivision (Carmacar Ranchettes) and
agriculture production would be unrealistic on this property due to its size
(1 acre) and location of existing structures on the property.
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.
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SPECIAL REVIEW PERMIT#1263 - TRACY AND MIKELE WRIGHT
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Tracy and Mikele Wright for a Site Specific
Development Plan and Use by Special Review Permit#1263 for a Home Business (automobile
painting, body repair, and restoration 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 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. The applicant shall submit a Waste Handling Plan to the Weld County
Department of Public Health and Environment. Evidence of approval by
the Weld County Department of Public Health and Environment 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).
B. An individual sewage disposal system is required for the proposed facility
and shall be installed according to the Weld County Individual Sewage
Disposal System (I.S.D.S.) Regulations. A vault is acceptable. The
septic system is required to be designed by a Colorado registered
professional engineer according to the Weld County I.S.D.S. Regulations.
C. The applicant shall attempt to address the concerns of the Mountain View
Fire Protection District as stated in a referral response received
February 14, 2000.
D. Proper building permits shall be obtained.
3. Prior to Building Permit:
A. The applicant shall address the requirements of the Weld County
Building Inspection Department as stated in a referral response dated
April 7, 2000.
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SPECIAL REVIEW PERMIT#1263 - TRACY AND MIKELE WRIGHT
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 31st day of May, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLO'ADO
/
ATTEST: /���� 1:.t!.a 7 ..cii. L / S.th flo- 2-
' ,` �� rbara J. trkmeyer, Chair
Weld County Clerk to the : . . e"%SI.fr BY: 9GC45.
. J. ile, Pro-Terry.
Deputy Clerk to the Boar. �I [�] / —_—
in ♦ eorge E. Baxter
APPROV D AS TO RM:
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
TRACY AND MIKELE WRIGHT
USR#1263
1. The Site Specific Development Plan and Use by Special Review Permit is for a business
permitted as a Use by Right in the I (Industrial) Zone District (automobile painting, body
repair, and restoration shop) 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 90 of the Weld
County Zoning Ordinance.
3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
Section 30-20-101, 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.
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
6. 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.
7. 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.
8. The facility shall utilize the existing public water supply. (Left Hand Water District)
9. The facility shall utilize the existing septic system for domestic use only (G19759689).
10. The facility shall be in compliance with the Colorado Air Quality Control Commission
regulations.
11 . All signs must be in accordance with Section 42 of the Weld County Zoning Ordinance.
12. There will be no outdoor storage of materials associated with the automobile painting,
repair, and restoration shop as indicated in application materials.
13. The business shall adhere to the requirements for a Home Business as follows:
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.
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DEVELOPMENT STANDARDS - TRACY AND MIKELE WRIGHT (USR #1263)
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14. Hours of operation shall be from 8:00 a.m. to 8:00 p.m., Monday thru Saturday.
15. Storage and use of flammable and combustible liquids shall be in accordance with the Fire
Code.
16. The gross floor area of accessory buildings on this property exceed four percent of the lot
size. Four percent is the maximum lot coverage allowable for accessory buildings per
Section 31.3 of the Weld County Zoning Ordinance. No expansion of existing or new
accessory buildings/structures/uses will be allowed without being granted a variance from
the terms of the Weld County Zoning Ordinance by the Weld County Board of Adjustment.
17. The applicant shall utilize the existing access with no additional accesses granted.
18. There shall be no staging, storage, or parking of vehicles on Mountain View Street
19. The property owner or operator shall be responsible for complying with the Design
Standards of Section 24.5 of the Weld County Zoning Ordinance.
20. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance.
21. Personnel from the Weld County Departments of Public Health and Environment and
Planning Services 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.
22. 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 requ re 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.
23. 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.
24. The fence located within the right-of-way of Mountain View Avenue shall be relocated
outside of the right-of-way upon widening of Mountain View Avenue or if required by the
Weld County Department of Public Works.
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