HomeMy WebLinkAbout992198.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW
PERMIT #1239 FOR A HOME BUSINESS (MASONRY CONSTRUCTION BUSINESS)
IN THE A (AGRICULTURAL) ZONE DISTRICT - T. KEVIN MACURDY
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 22nd day
of September, 1999, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of T. Kevin Macurdy, % T. E. Macurdy, 703 Oriole Drive, Lafayette,
Colorado 80026, for a Site Specific Development Plan and Special Review Permit#1239 for a
Home Business (masonry construction business) in the A (Agricultural) Zone District on the
following describec real estate, to-wit:
Lot A of Recorded Exemption #1851; being part of
the SW'/ of Section 9, Township 1 North, Range
68 West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by T. E. Macurdy at said hearing, and
WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards
for review of said S pecial 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 -- This 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." This parcel is designated prime farm ground on the
USDA Soils map; however, this parcel was created through Recorded
Exemption #1851 on November 18, 1996. The size of the parcel is not
farmable, therefore, no prime farmground is being taken out of
production.
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SPECIAL REVIEW PERMIT#1239 - T. KEVIN MACURDY
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b. Section 24.4.2.2 -- This proposal is consistent with the intent of the A
(Agricultural) Zone District. According to Section 31.1 of the Weld
County Zoning Ordinance, "The A District is also intended to provide
areas for the conduct of Uses by Special Review which have been
determined to be more intense or to have a potentially greater impact
than Uses Allowed by Right." Section 31.3.18 of the Weld County
Zoning Ordinance states that "Any use permitted as a use by right, an
accessory use, or a use by special review in the Commercial or Industrial
zone districts provided the property is not a lot in an approved or
recorded subdivision plat or lots part of a map or plan filed prior to
adoption of any regulations controlling subdivisions." This application is
for a Masonry Construction business to be located in the Agricultural
Zone District. The nature of the business is to store equipment and
vehicles for off-site work.
c. Section 24.4.2.3 -- The proposal will be compatible with future
development of the surrounding area. The surrounding uses include
several acreage residential developments, an airport residential
development and crop production. The Conditions of Approval and
Development Standards ensure that the proposed use will remain
compatible with surrounding land uses. In a letter dated November 27,
1996, Department of Planning Services staff indicated to the applicant
that this business requires the approval of a Special Review Permit by the
County. It is further stated that the use is considered a Home Business
which is defined as "An incidental use to the principal use for gainful
employment of the family residing on the property, where such use is
conducted primarily within a dwelling unit or accessory structure and
principally carried on by the family resident therein..." The site is in the
Agricultural Zone and is eligible for a Use by Special Review for a Home
Business.
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 did respond that the proposed development is not consistent with
the Town's long range plans. The Conditions of Approval and
Development Standards ensure that the proposed use will remain
compatible with surrounding land uses. It is designated as agricultural
land by Weld County and is used as rural residential with a Home
Business.
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SPECIAL REVIEW PERMIT#1239 - T. KEVIN MACURDY
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e. Section 24.4.2.5 -- The proposal is located within the Geological Hazard
Overlay District Areas identified by maps officially adopted by Weld
County. All future construction occurring on this property shall comply
with requirements as established in the Geologic Overlay District Section
of the Weld County Zoning Ordinance, and with the applicant's Geologic
Hazard Development Permit, GHDP-14.
f. Section 24.4.2.6 -- The applicant has demonstrated a diligent effort to
conserve productive agricultural land. The property is recognized on
USDA maps as Prime Farmland. Although this designation has been
made, the parcel size of 2.97 acres and subdivision of land into 38
parcels within the western half of this section does not provide for
efficient agricultural practice.
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 T. Kevin Macurdy, % T. E. Macurdy, for a Site
Specific Development Plan and Special Review Permit #1239 for a Home Business (masonry
construction business) 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. Prio-to recording the plat:
A. 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. The applicant is operating on site and a Violation has been
established, VI #9700174. It is through this application process that the
applicant will come into compliance with Weld County Zoning regulations.
The violation will be closed only after the applicant has met all the
Development Standards and Conditions of Approval, and the plat has
been recorded in the office of the Weld County Clerk and Recorder.
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SPECIAL REVIEW PERMIT#1239 - T. KEVIN MACURDY
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B. The applicant shall submit a landscaping and screening plan to the
Department of Planning Services for review and approval. The
landscaping plan shall indicate location, sizes and species of all plant
materials, planting implementation schedule and landscape maintenance
plan in accordance with Section 24.5.1.10 of the Weld County Zoning
Ordinance. All operations and storage shall be screened from public
view.
C. The septic system shall be reviewed by a Colorado Registered
Professional Engineer. The review shall consist of observation of the
system and a technical review describing the system's ability to handle
the proposed hydraulic load. The review shall be submitted to the Weld
County Department of Public Health and Environment. In the event the
system is found to be inadequately sized or constructed, the system shall
be brought into compliance with current regulations. The applicant shall
submit evidence to the Department of Planning Services that this
condition has been met.
D. The plat shall be amended to include the following:
1. The approved drainage and retention area.
2. The approved landscaping, screening and maintenance plan.
3. All accesses shall be delineated on the plat.
E. The applicant shall submit a Waste Handling Plan to the Weld County
Department of Public Health and Environment. The applicant shall
submit evidence to the Department of Planning Services that this
condition has been met. The plan shall include, at a minimum, the
following information:
1. A list of wastes which are expected to be generated on site. This
should include expected volumes and types of wastes 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.
F. The applicant shall submit evidence in writing to the Department of
Planning Services that all conditions of Violation - VI #9700174 have
been met and the case is ready to be closed. The Violation will be closed
when the Use by Special Review plat has been recorded.
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SPECIAL. REVIEW PERMIT#1239 - T. KEVIN MACURDY
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G. The applicant shall submit evidence in writing to the Department of
Planning Services that items located around the two accessory structures
have been relocated to the interior of an accessory structure. Items
stockpiled behind the accessory structures shall be adequately screened
from public view or be disposed of.
H. The applicant shall submit evidence in writing to the Department of
Planning Services that the two small, above ground storage tanks were
properly disposed of.
The applicant shall attempt to address the concerns of the Mountain View
Fire Protection District.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 22nd day of September, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
Lu
, WELD COUNTY, C•LORADO
I iVv f:, p / 11
ATTEST: ���/�� < '�
.a 1'ae K. Hall, Chair
Weld County Clerk to the /tra s_L�y�
�4sarbara . Kirkmeyerr-Tem
BY: � _I/ 1•-i _ , ,.. V
Deputy Clerk to the Board 'moo -
George . xter
APPROVED AS TO FO
M. J Ger e
County At §y &1/%s�
Glenn �Y�d-
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
T. KEVEN MACURDY
USR #1239
1. The Site Specific Development Plan and Special Use Permit is for a Home Business,
specifically, a Masonry Construction Business 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. If applicable, an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit application
must be submitted to the Air Pollution Control Division of the Colorado Department of
Health and Environment for emissions of criteria, hazardous or odorous air pollutants.
Sources of such emissions include, but are not limited to the following: sandblasting
operations, mining, spray paint booths, dry cleaners, haul road traffic, composting, boilers
and incinerators.
5. No permanent disposal of wastes shall be permitted at this site.
6. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
7. Fugitive dust shall be controlled on this site.
8. 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.
9. Adequate toilet facilities shall be provided for the employees.
10. The facility shall be served by the existing septic system (Permit No. G19700467).
11. The facility shall utilize the existing the public water supply (Left Hand Water District).
12. The applicant shall adhere to all sign standards as outlined in Section 42 of the Weld
County Zoning Ordinance.
13. All future construction occurring on this property shall comply with requirements as
established in the Geologic Overlay District section of the Weld County Zoning Ordinance.
An existing Geologic Hazard Development Permit for this property, GDHP-14, is in
existence with the Weld County Planning Department.
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DEVELOPMENT STANDARDS - T. KEVEN MACURDY (USR #1239)
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14. Any buildings to be constructed or changed to a different use will require building permits
and the plans shall be reviewed prior to construction commences.
15. The property owner or operator shall be responsible for complying with the Design
Standards of Section 24.5 of the Weld County Zoning Ordinance.
16. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance.
17. 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.
18. 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.
19. 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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