HomeMy WebLinkAbout20230136.tiffRESOLUTION
RE: ACCEPT REQUEST TO WITHDRAW APPLICATION FOR A SITE SPECIFIC
DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR17-0028, FOR
A HOME BUSINESS (PAINTING, RESTORATION AND CONSTRUCTION) IN THE
A (AGRICULTURAL) ZONE DISTRICT, AND RESCIND RESOLUTION #2017-3146,
DATED SEPTEMBER 27, 2017 - JOHN AND KATHLEEN TRAVIS
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, on September 27, 2017, the Board approved the application of John and
Kathleen Travis, 352 County Road 16.5, Longmont, Colorado 80504, for a Site Specific
Development Plan and Use by Special Review Permit, USR17-0028, for a Home Business
(painting, restoration and construction) in the A (Agricultural) Zone District on the following
described real estate, to -wit, and:
Lot A of Recorded Exemption, RE -4151; being part
of the W1/2 S1/2 E1/2 SW1/4 of Section 30,
Township 2 North, Range 68 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, on January 9, 2023, the Board was presented with a letter, dated July 14,
2022, from the applicant requesting the withdrawal of the application, stating a change in business
practices, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and all of the exhibits and
evidence presented in this matter and, having been fully informed, deems it advisable to grant the
applicant's request and thereby accept the withdrawal of the application and to rescind Resolution
#2017-3146, dated September 27, 2017.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the request of John and Kathleen Travis to withdraw the application for a
Site Specific Development Plan and Use by Special Review Permit, USR17-0028, for a Home
Business (painting, restoration and construction) in the A (Agricultural) Zone District, on the parcel
of land described above, be, and hereby is, accepted.
BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County,
Colorado, that Resolution #2017-3146, dated September 27, 2017, be, and hereby is, rescinded.
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2023-0136
PL2491
ACCEPT WITHDRAWAL REQUEST AND RESCIND USR17-0028 - JOHN AND
KATHLEEN TRAVIS
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of January, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d)D;�,�,
Weld County Clerk to the Board
y
Date of signature: O1/(7/2-3
Mike eman, Chair
4K.
L. Bu , Pro-Tem
James
2023-0136
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t
MEMORANDUM
TO: Board of County Commissioners
DATE: December 19, 2022
FROM: Kim Ogle, Planning Services
SUBJECT: Request to withdraw and rescind USR17-0028
The Board of County Commissioners at the September 27, 2017, land use hearing approved a
request for a Site Specific Development Plan and Use by Special Review Permit, USR17-0028, for
a Home Business (painting, restoration and construction) in the A (Agricultural) Zone District, in
favor of John and Kathleen Travis
The Department of Planning Services has received a written requested dated July 14, 2022, from
John -Eric Travis and Kathleen Travis requesting to withdraw and rescind case number USR17-
0028 as there was a change in business practices.
On behalf of the applicant's, the Department of Planning Services respectively requests support of
this request.
let
2023-0136
7/14/22
To whom it may concern:
We, John and Kathleen Travis, 352 CR 16.5, Longmont, CO 80504,
were approved by the Board of County Commissioners on September
27, 2017 for a Site Specific Development Plan and Use by Special
Review Permit, USR17-0028, for a Home Business (painting,
restoration and construction) in the A (Agricultural) Zone District on a
parcel of land described as Lot A of Recorded Exemption, RE -4151;
being part of the W1/2 S1/2 E1/2 SW1/4 of Section 30, Township 2
North, Range 68 West of the 6th P.M., Weld County, Colorado.
We are requesting the Board of County Commissioner rescind the
approval and vacate USR17-0028. This request is being made due to a
change in business practices.
Thank you,
Jo avi
Kathleen Travis
Date:
RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR17-0028, FOR A HOME BUSINESS (PAINTING, RESTORATION AND
CONSTRUCTION) IN THE A (AGRICULTURAL) ZONE DISTRICT - JOHN AND
KATHLEEN TRAVIS
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 27th day of
September, 2017, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of John and Kathleen Travis, 352 CR 16.5. Longmont, CO 80504. for a
Site Specific Development Plan and Use by Special Review Permit, USR17-0028, for a Home
Business (painting, restoration and construction) in the A (Agricultural) Zone District, on the
following described real estate. being more particularly described as follows:
Lot A of Recorded Exemption, RE -4151; being part
of the W1/2 S1/2 E1/2 SW1 /4 of Section 30,
Township 2 North, Range 68 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, the applicant was present, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by 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 recommendation 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 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230. B of the Weld County Code as follows:
A. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20.G (A.Goal 7) states: 'County land use regulations
should protect the individual property owner's right to request a land
use change." Section 22-2-20.F.2 (A. Policy 6.2) states: "Support
opportunities, such as but not limited to home businesses, to
supplement family income and reduce living expenses for farm
families and others who prefer a rural lifestyle. " The primary use of
the property is for the Travis residence. with the secondary use
associated with a commercial painting and wood working business.
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SPECIAL REVIEW PERMIT (USR17-0028) - JOHN AND KATHLEEN TRAVIS
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Section 22-2-20.G.2 (A.Policy 7.2) states: "Conversion of
agricultural land to nonurban residential, commercial and industrial
uses should be accommodated when the subject site is in an area
that can support such development, and should attempt to be
compatible with the region." The property was created via a
Recorded Exemption resulting a tract of land of approximately
two (2) acres in area. All activities associated with the business are
conducted within an existing building on the property that serves as
an office, shop and storage area. Left Hand Water District indicates
that a 12 -inch water line is located approximately 1,200 feet east of
County Road 1 on County Road 16.5. The proposed use is in an
area that can support this development. The Conditions of Approval
and Development Standards will assist in mitigating the impacts of
the facility on the adjacent properties and ensure compatibility with
surrounding land uses and the region.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Chapter 23, Article III, Section 23-3-40.P
allows for a Home Business as a Use by Special Review in the
A (Agricultural) Zone District. Section 23-3-10 — Intent states: "The
A (Agricultural) Zone 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." The attached Conditions of Approval and Development Standards
(limiting of number of employees, and not allowing outside storage) will
adequately mitigate the impacts of the use. The business will be required
to adhere to the definition of Home Business as defined in Section 23-1-90
of the Weld County Code as an incidental use to the principal permitted
use for gainful employment of the family residing on the property, where
such use is conducted within a dwelling unit or accessory structure and
principally carried on by the family resident herein; and such use is clearly
incidental and secondary to the principal permitted use and shall not
change the charter thereof.
C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The Travis property is located
approximately 1,950 feet south of County Road 16.5 and is in an area with
several existing USRs to the north of the property including: USR-1223 for
a Home Construction Business; USR-797 for a Home Business — Precision
Optics; USR-946 for a Kennel; USR-1309 for an Electrical Contractor
business; AmCUP-13 for a Residence and Barn. To the south, SUP -249 is
for Gravel Mining and the Town of Erie Sanitation Plant is located
approximately 635 feet from the Travis property. No phone calls or
correspondence has been received from surrounding property owners in
regards to this application.
D. Section 23-2-230.B.4 -- The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
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SPECIAL REVIEW PERMIT (USR17-0028) - JOHN AND KATHLEEN TRAVIS
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existing zoning, and with the future development as projected by
Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is located within the three (3) mile referral area of
the Towns of Frederick and Erie, City of Longmont and Boulder County.
The Towns of Frederick and Erie and the City of Longmont returned referral
responses that indicated no concerns. Boulder County did not return a
referral response.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The property is not within the
Geologic Hazard Overlay District, a Special Flood Hazard Area or the
Airport Overlay District. Building Permits issued on the lot will be required
to adhere to the fee structure of the County -Wide Road Impact Fee, County
Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-230.B.6 -- The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The proposed facility is located on approximately two (2) acres of
undefined lands, per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. There are existing buildings and
improvements on the property. No additional agricultural land will be
removed if this USR is approved
G. Section 23-2-230.B.7 —The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards can 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 John and Kathleen Travis, for a Site Specific
Development Plan and Use by Special Review Permit, USR17-0028, for a Home Business
(painting, restoration and construction) in the A (Agricultural) Zone District, on the parcel of land
described above be, and hereby is, granted subject to the following conditions:
1. Prior to recording the map:
A. The applicant shall address the Weld County Department of Building
Inspection referral response, dated July 7, 2017, which states: "The
garage/shop building utilized in conjunction with the business shall be
permitted for commercial use. A "Change of Use" building permit for the
detached garage is required. A complete Code Analysis and paint booth
specification will be required with the building permit, along with MSDS
sheets for the liquids/materials stored in the building. Electrical systems
within the building shall comply with the 2014 National Electrical Code."
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SPECIAL REVIEW PERMIT (USR17-0028) - JOHN AND KATHLEEN TRAVIS
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B. The plat shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR17-0028.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall delineate on the map the trash collection areas.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
5) The map shall delineate the existing landscaping and/or screening.
6) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code.
7) The map shall delineate the parking area for the vendors,
customers and/or employees.
8) County Road 16.5 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road which requires
60 feet of right-of-way at full buildout. The applicant shall delineate
on the site plan the existing right-of-way. All setbacks shall be
measured from the edge of right-of-way. This road is maintained by
Weld County.
9) Show and label the approved access (AP#17-00334), and the
appropriate turning radii (60 -feet) on the site plan.
10) Show and label the access and utility easement to provide legal
access to the parcel on the USR map.
11) Show and label the drainage flow arrows on the USR map.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) paper copy or one (1) electronic copy (.pdf) of the map for preliminary
approval to the Weld County Department of Planning Services. Upon approval of
the map, the applicant shall submit a Mylar map along with all other documentation
required as Conditions of Approval. The Mylar map shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services.
The map shall be prepared in accordance with the requirements of Section 23-2-
260.D of the Weld County Code. The Mylar map and additional requirements shall
be submitted within one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution. The applicant shall be responsible for paying
the recording fee.
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3. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the map not be recorded within the required one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution, a
$50.00 recording continuance charge shall added for each additional three (3)
month period.
4. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable format is a projected ESRI
shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983
UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS
0501 (US Feet), etc.). This digital file may be sent to maps@co.weld.co.us.
5. Prior to Operation:
A. The applicant shall develop an Emergency Action and Safety Plan with the
Office of Emergency Management and the Fire District. The plan shall be
reviewed on an annual basis by the Facility operator, the Fire District and
the Weld County Office of Emergency Management. Submit evidence of
acceptance to the Department of Planning Services.
6. 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 map
is ready to be recorded in the office of the Weld County Clerk and Recorder or the
applicant has been approved for an early release agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 27th day of September, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORAQO
ATTEST:dit ;vi,
Weld County Clerk to the Board
BY: Qop,.
APPR
y Clerk to the Board
ounty Attorney
Date of signature: 1O1 t co I t'7
L/,, L( /
'Vjil
Julie Aozad, Chair
Steve Moreno, Pro-Tem
Sean P. Conway
Freeman
arbara Kirkmeyer
2017-3146
PL2491
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JOHN AND KATHLEEN TRAVIS
USR17-0028
The Site Specific Development Plan and Use by Special Use Permit, USR17-0028, is for
a home business (painting, restoration and construction) in the A (Agricultural) Zone
District, subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The hours of operation are 8:00 a.m. — 6:00 p.m., Monday — Saturday.
4. The number of on -site employees shall be three (3).
5. There will be no outside storage of equipment and materials associated with the home
business.
6. There will be no outside storage of customer materials to be painted, repaired or picked
up.
7. The existing parking area on the site shall be maintained.
8. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and
23-E of the Weld County Code.
9. The existing landscaping/screening on the site shall be maintained.
10. The property owner or operator shall provide written evidence of an approved Emergency
Action and Safety Plan on or before March 15th of any given year signed by
representatives for the Fire District and the Weld County Office of Emergency
Management to the Department of Planning Services.
11. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a
manner that protects against surface and groundwater contamination.
12. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the Solid
Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.
13. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions. This include any paint emissions or overspray. The facility shall operate in
accordance with Chapter 14, Article I, of the Weld County Code.
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DEVELOPMENT STANDARDS (USR17-0028) - JOHN AND KATHLEEN TRAVIS
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14. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions
Permit Application and obtain a permit from the Air Pollution Control Division, Colorado
Department of Public Health and Environment, if applicable.
15. This facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone District, as delineated in Section 14-9-30 of the Weld County Code.
16. Adequate drinking, handwashing and toilet facilities shall be provided for employees, at
all times. For employees or contractors on -site for less than two (2) consecutive hours a
day, and two (2) or less full time employees on -site, portable toilets and bottled water are
acceptable. Records of maintenance and proper disposal for portable toilets shall be
retained on a quarterly basis and available for review by the Weld County Department of
Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in
Weld County and shall contain hand sanitizers.
17. The operation shall comply with all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
18. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
19. The access to the site shall be maintained to mitigate any impacts to the public road
including damages and/or offsite tracking.
20. The historical flow patterns and runoff amounts on the site will be maintained.
21. Building permits may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2012 International Codes,
2006 International Energy Code, and 2014 National Electrical Code. A Building Permit
Application must be completed and two (2) complete sets of engineered plans bearing the
wet stamp of a Colorado registered architect or engineer must be submitted for review. A
Geotechnical Engineering Report performed by a Colorado registered engineer shall be
required or an Open Hole Inspection.
22. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
23. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment 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 Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
24. 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
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DEVELOPMENT STANDARDS (USR17-0028) - JOHN AND KATHLEEN TRAVIS
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permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
25. 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.
26. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under Title 34 of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and persons moving into these areas
must recognize the various impacts associated with this development. Oftentimes, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
27. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
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