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RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1265 FOR A HOME BUSINESS (PARKING OF VEHICLES) IN THE A(AGRICULTURAL) ZONE DISTRICT - RONALD AND CLAUDIA OLSON 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 17th 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 Ronald and Claudia Olson, 3019 Weld County Road 20.5, Longmont, Colorado 80504, for a Site Specific Development Plan and Use by Special Review Permit#1265 for a Home Business (parking of vehicles) in the A (Agricultural) Zone District on the following described real estate, to-wit: Lot A of Recorded Exemption #1060; being part of the W1/2 NW1/4 of Section 15, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado WHEREAS, said applicant was represented by Robert Bruce, Attorney, 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 the soils on this property are designated "other" and "irrigated land, not prime." 2000-1059 PL1410 C1? 1_ , , <1�t' �) L-,) , SPECIAL REVIEW PERMIT #1265 - RONALD AND CLAUDIA OLSON PAGE 2 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 31.4.15 of the Weld County Zoning Ordinance allows for home businesses 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 uses include residential, agricultural, and commercial. The attached Conditions of Approval and Development Standards limit the use or the property to a home business. The Weld County Zoning Ordinance defines a home business as "An incidental use to the principal permitted use for gainful employment of the family residing on the property, where: 1. Such use is conducted primarily within a dwelling unit or accessory structure and principally carried on by the family resident therein. 2. Such use is clearly incidental and secondary to the principal permitted use and shall not change the character thereof." To ensure that the proposal is compatible with the existing surrounding land uses and with the future development of the surrounding area, Conditions of Approval have been added requiring the removal of trucks not owned by the applicants and a stipulation that no other employees, other than those residing on the property, shall be allowed. 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 proposed site is located in the Mixed Use Development Area (MUD) and Ordinance #201 Intergovernmental Agreement area. Section 2.5.1 of the Mixed Use Development Ordinance states, "The Planned Unit Development (PUD) provisions shall be applied to all proposals for commercial, industrial, and residential developments within the MUD area, with the exception of those developments specifically called out and excluded." Section 2.5.2 of the Mixed Use Development Ordinance exempts home businesses, as defined by the Weld County Zoning Ordinance, from obtaining a Planned Unit Development Permit. e. Section 24.4.2.5 -- 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 proposed site is located in the Southwest Weld Road Impact Program area one. Effective December 1, 1999, building permits issued on the lot will be required to adhere to the fee 2000-1059 PL1410 SPECIAL REVIEW PERMIT#1265 - RONALD AND CLAUDIA OLSON PAGE 3 structure of the Southwest Weld Road Impact Program area one. The application's land use type has been tentatively classified by the Department of Planning Services as "Industrial Category - General Light Industrial" (Section VII.C.1). The current rate of assessment for this type of land use is $1,476.00 per 1,000 square feet. 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 proposed site is designated "Other" and "Irrigated land (not prime)" by the USDA 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 Ronald and Claudia Olson for a Site Specific Development Plan and Use by Special Review Permit#1265 for a Home Business (parking of vehicles) 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 Weld County 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. Prior to recording the plat, 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). 2000-1059 FL1410 SPECIAL REVIEW PERMIT #1265 - RONALD AND CLAUDIA OLSON PAGE 4 B. Fueling operations must be approved by the Mountain View Fire Protection District. Evidence of approval shall be submitted to the Weld County Department of Planning Services. C. If fuel storage tanks are greater than 1,000 gallons, the applicant shall apply for a fuel storage tank permit with the Department of Labor, Oil Inspection Section, according to 7CCR 1101-14, Section 3.2.1. The applicant shall submit a letter indicating the tanks are less than 1,000 gallons or submit evidence of Department of Labor approval to the Weld County Department of Planning Services. D. The applicant shall apply for a building permit for the 40-foot by 50-foot pole structure. All utilities supplied to this structure must also be permitted and inspected. As indicated at a Board of County Commissioners Violation Hearing on April 11, 2000, the building will be used for storing tools and doing maintenance of semi-trailers. Repair work performed inside of the structure changes the classification of this building leading to additional restrictions and regulations as outlined in the 1997 Uniform Building Code (UBC). Evidence that a Certificate of Occupancy has been issued shall be submitted to the Weld County Department of Planning Services. E. All businesses within the Mixed Use Development are required to provide paved parking. A parking detail and circulation system shall be supplied to the Department of Public Works Traffic Engineer for review and approval. Evidence of approval shall be submitted to the Weld County Department of Planning Services. F. The applicant shall submit evidence to the Weld County Department of Planning Services that the Town of Frederick is aware of the proposed business and any impact that may occur to Weld County Road 20.5. G. The applicant shall submit evidence to the Weld County Department of Public Works that the existing residential access from Weld County Road 20.5 has been closed. The applicant will fence this entrance and dig a barrow ditch at this access. Evidence of Weld County Department of Public Works approval shall be submitted to the Weld County Department of Planning Services. 2000-1059 PL1410 SPECIAL REVIEW PERMIT #1265 - RONALD AND CLAUDIA OLSON PAGE 5 H. A detailed Screening/Landscaping Plan identifying the number, size and species of landscaping materials/buffering materials, shall be submitted to the Weld County Department of Planning Services for review and approval. The plan shall address maintenance of the landscaping materials and potential replacement of dying materials. The plan must meet all criteria listed in Section 2.6 of the Mixed Use Development Ordinance and Section 3.0 of Ordinance #201, including the following: 1) Section 3.2.3 - Whenever the use of the property to be developed or redeveloped will conflict with the reasonable use of adjoining property, a buffer zone should be constructed between the two uses. The buffer may be accomplished through the use of a combination of setbacks, berming, plantings and fencing. However, in no event shall a fence be the only screening material used. The buffer shall moderate the impact of noise, light, unattractive visual elements and traffic. 2) Section 3.5.5 - That portion of a lot in any Zone District, which abuts a Primary or Secondary Corridor right-of-way, shall be landscaped with a minimum of two and one-half (2 1/2) inch caliper shade tree, or one six-foot minimum height coniferous tree, for every 40-linear-feet of street frontage. Trees may be grouped with a maximum distance of 100 feet between trees. or groupings, with exceptions made at entrance drives. A detailed Lighting Plan in accordance with Section 4.0 of Ordinance #201, Intergovernmental Agreement, shall be submitted to the Weld County Department of Planning Services for review and approval. J. Any trucks not owned by the applicants, shall be removed from the property. K. The plat shall be amended to meet all requirements of Section 24.7 4 of the Weld County Zoning Ordinance including adjacent property lines and respective owners' names as required by Section 24.7.4.5.3.5 of the Weld County Zoning Ordinance. L. The plat shall be amended to include the following: 1) Weld County Roads 20.5 and 7 are designated on the 1-25 Mixed Use Development Area Comprehensive Plan Map 2.2, Structural Transportation Network, as four-lane undivided secondary roads, which require 100 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 50 feet from the centerline of Weld County Roads 20.5 and 7 shall be delineated on the plat as right-of-way reservation for future expansion of Weld County Roads 20.5 and 7. Weld County Road 20.5 has been annexed by the Town of Frederick. 2000-1059 PL1410 SPECIAL REVIEW PERMIT#1265 - RONALD AND CLAUDIA OLSON PAGE 6 2) The approved Screening/Landscaping Plan. 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. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of May, A.D., 2000. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Lil iovvuA, EXCUSED Barbara J. rkmeyer, Chair Weld County Clerk to the Board /, 11� 1/—� i /i J. ile, Pro-Tem rk to the Board ��!r . Baxter (51 • O A:p.3=3 , D :E TO f _ Dale K. Hall :1:'+•ty ttorn-y X @&iJ &Lt GIenn 2000-1059 PL1410 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS RONALD AND CLAUDIA OLSON USR#1265 1. The Site Specific Development Plan and Use by Special Review Permit is for a Home Business (parking of vehicles) 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. The landscaping on-site shall be maintained in accordance with the approved Screening/Landscaping Plan. 4. The site shall maintain compliance with a home business as defined by the Weld County Zoning Ordinance as "An incidental use to the principal permitted use for gainful employment of the family residing on the property, where: 1. Such use is conducted primarily within a dwelling unit or accessory structure and principally carried on by the family resident therein. 2. Such use is clearly incidental and secondary to the principal." 5. In accordance with the definition of a Home Business, all maintenance must be performed within the existing building. Parking and fueling of the trucks shall be the only uses allowed outside of the existing building. 6. The site shall contain a maximum of two semi-trailers owned by the applicants. 7. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 8. No permanent disposal of wastes shall be permitted at this site. 9. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 10. Fugitive dust shall be controlled on this site. 11. The maximum permissible noise level shall not exceed the commercial limit of 60 db(A) as measured according to Section 25-12-102, C.R.S. 12. The facility shall utilize the existing residential septic system for the residents of this property. As indicated in the application material the residence shall hook into the Saint Vrain Sanitation Sewer District when it becomes available. 2000-1059 PL1410 DEVELOPMENT STANDARDS - RONALD AND CLAUDIA OLSON (USR #1265) PAGE 2 13. 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. 14. The facility shall utilize the existing public water supply (Lefthand water District). 15. A minimum of a 10 pound, dry chemical, ABC extinguisher shall be located on the site at an accessible location. The extinguisher shall be located in a weather-proof cabinet and mounted 3 to 5 feet above the ground. The extinguisher shall be provided with current inspection tags. 16. Proper building permits shall be obtained prior to any construction, remodeling, demolition, relocation of buildings, or excavation. 17. Electrical permits will be required for any electrical work including, but not limited to, site lighting, truck heaters, etc. 18. Additional requirements or changes may be required when building applications or plans are reviewed by the Weld County Building Inspection Department. 19. Effective December 1, 1999, building permits issued on the lot will be required to adhere to the fee structure of the Southwest Weld Road Impact Program area one The application's land use type has been tentatively classified by Department of Planning Services as "Industrial Category- General Light Industrial" (Section VII.C.1). The current rate of assessment for this type of land use is $1,476.00 per 1,000 square feet. 20. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 21. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 22. 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. 23. 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. 2000-1059 PL1410 DEVELOPMENT STANDARDS - RONALD AND CLAUDIA OLSON (USR #1265) PAGE 3 24. 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. 2000-1059 PL1410 Hello