HomeMy WebLinkAbout20000266.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
#1250 FOR A HOME BUSINESS (STORAGE OF CABINETS AND EQUIPMENT) IN
THE A(AGRICULTURAL) ZONE DISTRICT -JOHN CARMICHAEL AND DON
IARUSSI
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 1st day of
March 2000, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of John Carmichael and Don larussi, 3277 28th Street, Boulder, Colorado
80301, for a Site Specific Development Plan and Special Review Permit#1250 for a Home
Business (storage of cabinets and equipment) in the A (Agricultural) Zone District on the
following described real estate, to-wit:
Lot A of Recorded Exemption #1500, being part of
the SW1/4 of Section 6, 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 applicants have
shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance as
follows:
a. Section 24.4.2.1 -- This proposal is consistent with the Weld County
Comprehensive Plan. A.Goal 2 allows 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. Water is provided by the Left Hand Water District
and sewage disposal will be permitted by a septic system.
JG CA, Nat/n r ci 71-aru55 1 2000-0266
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SPECIAL REVIEW PERMIT#1250 - JOHN CARMICHAEL AND DON IARUSSI
PAGE 2
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 proposal is consistent with Section 24.3.1.3 of the
Weld County Zoning Ordinance, and will be compatible with future
development of the surrounding area. The surrounding area consists of
several residences and agricultural uses, mainly pasture lands. This
application is for storage of equipment and cabinets, with five employees.
The Conditions of Approval and Development Standards ensure that the
proposal is consistent with surrounding land uses. Concerns expressed
by surrounding property owners regarding traffic, access, and speed limit,
have been addressed through the Conditions of Approval and
Development Standards, including a standard which waives the vested
property right, as requested by the applicant.
d. Section 24.4.2.4 —The proposed uses will be compatible with future
development of the surrounding area as permitted by the A (Agricultural)
Zone District and with the future development as projected by the
Comprehensive Plan or Master Plan of affected municipalities. The Town
of Erie responded in a referral, dated December 10, 1999, that the
proposal did not conflict with its interests. The Town of Frederick did not
respond.
e. Section 24.4.2.5 —The proposal is located within the One-Hundred (100)
Year Flood Plain, as shown on FIRM panel map #080266-0960D. A
Flood Hazard Development Permit will be required as a Condition of
Approval prior to the release of any building permits.
f. Section 24.4.2.6—The use is proposed to be located in the A
(Agricultural) Zone District, and the applicants have demonstrated a
diligent effort to conserve prime agricultural land in the locational decision
for the proposed use. The proposal is not located on prime farmground.
According to the U.S.D.A. Soils Map, the property is designated as
irrigated, not prime. The property is only three acres and located within
the One-Hundred (100) Year Flood Plain, so it is not considered prime or
farmable land.
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.
2000-0266
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SPECIAL REVIEW PERMIT#1250 - JOHN CARMICHAEL AND DON IARUSSI
PAGE 3
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of John Carmichael and Don larussi for a Site
Specific Development Plan and Special Review Permit#1250 for a Home Business (storage of
cabinets and equipment) 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 Special Review Permit shall be
adopted and placed on the 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. The applicants shall submit a screening and landscaping plan to the
Department of Planning Services for review and approval.
B. The applicants shall correct the concerns associated with the existing
residential access onto Weld County Road 1, and submit evidence of
approval by the Department of Public Works to the Department o1'
Planning Services.
C. The plat shall be amended to delineate the following:
1) 100-foot total right-of-way for Weld County Road 1 for future
right-of-way
2) An approved landscaping and screening plan
3) All requirements for the Special Review Permit Plan map listed
under Section 24.7.4 of the Weld County Zoning Ordinance
D. Prior to the release of any building permits:
1) The applicants shall receive approval of a Flood Hazard
Development Permit for any new structures and any development
that will increase or decrease the base flood elevation in the flood
plain, as delineated on FIRM Panel map#080266-0960D, dated
September 28, 1982.
E. The applicants shall submit evidence of attempts to address any
concerns of the Mountain View Fire District to the Weld County
Department of Planning Services.
F. The Special Review activity shall not occur nor shall any building or
electrical permits be issued on the property until the 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#1250 - JOHN CARMICHAEL AND DON IARUSSI
PAGE 4
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 1st day of March, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
La/
WELD COUNTY, COLORADO
ATTEST: EXCUSED DATE OF SIGNING (AYE)
c< A Barbara J irkmeyer, Chair
Weld County Clerk to th�•oa . �l►r
1861 Or, f.e,,./
e, Pro-Ter-
•24-10.BY:
'LJ
Deputy Clerk to the -� ���,2 C S DATE OF SIGNING (AYE)
UNtt eorge E. Baxter
APPROVED AS TrORM: 4
4outhyttoe
Dale K. Hall
), �, — EXCUSED
Glenn Vaad
2000-0266
PL1377
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JOHN CARMICHAEL AND DON IARUSSI
USR #1250
1. The Use by Special Review Permit is for a Home Business, specifically storage of
equipment and cabinets within a structure, in the A(Agricultural)Zone District, as indicated
in the application materials on file and subject to the Development Standards stated hereon.
2. The Use by Special Review Permit shall not be transferable to any successors it interest
to the described property and shall terminate automatically upon conveyance or lease of
the property to others for operation of the Home Business.
3. The facility will consist of a large steel structure and principal dwelling. All appropriate
building and zoning permits must be obtained prior to construction. The property is located
within the One-Hundred (100)Year Floodplain, as indicated on FIRM panel map#080266-
0960D.
4. All proposed or existing structures will meet the minimum setback and offset requirements
for the A (Agricultural) Zone District.
5. No more than one 40-foot semi-truck per week shall access the property for deliveries.
6. A 15-mile per hour (15 MPH) speed limit sign shall be posted at the entrance on Weld
County Road 1, and at the exit, to the site.
7. 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.
8. No permanent disposal of wastes shall be permitted at this site.
9. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
10. 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.
11. Fugitive dust shall be controlled on this site.
12. Adequate toilet facilities shall be provided for the public and employees.
13. The facility shall utilize the existing public water supply (Left Hand Water District).
14. An individual sewage disposal system is required for the proposed residence and shop
facility and shall be installed according to the Weld County Individual Sewage Disposal
Regulations. The septic system is required to be designed by a Colorado Registered
Professional Engineer according to the Weld County Individual Sewage Disposal
Regulations.
2000-0266
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DEVELOPMENT STANDARDS - JOHN CARMICHAEL AND DON IARUSSI (USR #1250)
PAGE 2
15. The existing, and any proposed, structures shall meet all building and fire codes.
16. The trash receptacle must be screened from all adjacent properties and public
rights-of-way.
17. Any proposed signage shall require appropriate building permits and be constructed in
accordance with Section 42.2 of the Weld County Zoning Ordinance.
18. The property owner or operator shall be responsible for complying with the Design
Standards of Section 24.5 of the Weld County Zoning Ordinance.
19. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance.
20. 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 hereon and all applicable Weld County regulations.
21. The 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 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.
22. 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.
2000-0266
PL1377
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