HomeMy WebLinkAbout20202802.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR20-0015, FOR A HOME BUSINESS (VEHICLE RESTORATION AND
REPAIR) IN THE A (AGRICULTURAL) ZONE DISTRICT - JOHN AND SHARON
BAPTIST
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 23rd day of
September, 2020, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of John and Sharon Baptist, 32388 CR 23, Windsor, Colorado 80550, for
a Site Specific Development Plan and Use by Special Review Permit, USR20-0015, for a Home
Business (vehicle restoration and repair) in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
Lot A of Recorded Exemption, RE-2972; being a part
of the E1/2 SE1/4 of Section 23, Township 6 North,
Range 67 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.F.2 (A.Policy 6.2) states: "Support opportunities,
such as but not limited to hobby farming and home businesses, to
supplement family income and reduce living expenses for farm
families and others who prefer a rural lifestyle."
2) 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
CC• /'r?)1 PW (zR', Urk(LC) 2020-2802
APPL PL2761
►oi`t1LO2O
SPECIAL REVIEW PERMIT (USR20-0015) - JOHN AND SHARON BAPTIST
PAGE 2
that can support such development, and should attempt to be
compatible with the region." The business is compatible because
the use will primarily be within one of the existing accessory
structures. The application materials state that this restoration
business will be minimal in size, which is about five (5) restorations
a year. Additionally, no new structures are being proposed onsite.
The property is currently serviced by the North Weld County Water
District through account #299-003. The current shop is being
served by an existing On-site Wastewater Treatment
System (G19919173). Per the Weld County Department of public
Health and Environmental referral, dated July 29, 2020, any
additional hydraulic load to the existing On-site Wastewater
Treatment System serving the shop will require an Evaluation from
a Colorado Registered Professional Engineer. The engineer's
evaluation shall be submitted to the Weld County Department of
public Health and Environmental. In the event the system is found
to be inadequate, the system must be brought into compliance with
current Weld County On-site Wastewater Treatment System
Regulations.
3) Section 22-2-20.G.3 (A.Policy 7.3) states: "Conversion of
agricultural land to urban residential, commercial and industrial
uses should be considered when the subject site is located inside
an Intergovernmental Agreement area, Urban Growth Boundary
area, Regional Urbanization Area or Urban Development Nodes, or
where adequate services are currently available or reasonably
obtainable. A municipality's adopted comprehensive plan should be
considered, but should not determine the appropriateness of such
conversion." The site is located within the boundaries of the
Windsor and Severance Coordinated Planning Agreement (CPA)
areas. The Town of Windsor's Land Use Plan, which is located in
the Comprehensive Plan, indicates this area is within their Growth
Management Area and is classified as potential Light Industrial,
which aligns with this proposal.
B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-10 — Intent, states, in part: "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."
This Code section allows the applicant to apply for a USR (Use by
Special Review) Permit.
2) Section 23-3-40.P — Uses by Special Review, of the Weld County
Code allows for a home business in the A (Agricultural) Zone
2020-2802
PL2761
SPECIAL REVIEW PERMIT (USR20-0015) - JOHN AND SHARON BAPTIST
PAGE 3
District. This Code section allows the applicant to apply for the
Home Business.
C. Section 23-2-230.B.3—The uses which will be permitted will be compatible
with the existing surrounding land uses. The subject property currently has
a Use by Special Review Permit for an agricultural service establishment
to include farm equipment sales, repair and an implement air cooler
assembly facility (USR-942). This USR will be fully vacated prior to
recording of the new USR. There is a residence on the property to the north
of the subject parcel; however, no comments have been received by these
individuals. There are several Use by Special Review permits within one (1)
mile of the subject property, to include: one (1) kennel, one (1) RV and Boat
Storage, one (1) 12-inch High Pressure Pipeline, one (1) 230 kV
Transmission Line, one (1) concrete cutting business, and four (4) Oil and
Gas Production Facilities. In addition to the USRs surrounding the subject
property, and as stated previously, the Town of Windsor municipal limits
are approximately 500 feet south of the subject property and are called out
as Light Industrial property, per the Town of Windsor's Land Use Map. The
Weld County Department of Planning Services sent notice regarding the
proposed application to six (6) surrounding property owners within 500 feet,
but there were no emails or phone calls received regarding the proposed
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
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 boundaries of the Windsor and
Severance Coordinated Planning Agreement (CPA) areas. Severance
indicated on their signed Notice of Inquiry form, dated April 30, 2020, that
they are not interested in annexation and had no further comments.
Severance additionally had no comments on their referral dated July 15,
2020. The Town of Windsor did not respond to the Notice of Inquiry form
and offered no comments from the referral dated July 21, 2020. The site is
also located within the three (3) mile referral area of the City of Greeley,
whose referral response, dated July 16, 2020, had general advisory
comments regarding their Long Range Expected Growth Area and utility
service area.
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, Airport Overlay District or the Municipal
Separate Storm Sewer System (MS4) area. The property is located in a
Special Flood Hazard Area. The Department of Planning Services
Floodplain referral, dated July 20, 2020, is requiring the applicant to show
the floodplain boundaries on the map and if any construction in the
floodplain occurs a Floodplain Permit will be required. In addition to the
2020-2802
PL2761
SPECIAL REVIEW PERMIT (USR20-0015) - JOHN AND SHARON BAPTIST
PAGE 4
requirements they have provided comments to be incorporated as
Development Standards. 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 soil designation for the site is "Prime (Irrigated)," per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. Although
with this designation the site is not being used for agricultural production
and the small lot size is not suitable for farming and, therefore, will not be
taking any agricultural land out of production.
G. Section 23-2-230.6.7 — 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 Sharon Baptist, for a Site Specific
Development Plan and Use by Special Review Permit, USR20-0015, for a Home Business
(vehicle restoration and repair) 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. There is a Use by Special Review Permit, USR-942, Reception #2251058,
for an agricultural service establishment to include farm equipment sales,
repair and an implement air cooler assembly facility in the A (Agricultural)
Zone District. This USR encompasses the entire subject property. The
applicant shall address the continued operation of USR-942 and shall have
a full vacation completed prior to recording the new Use by Special Review
map.
B. The applicant shall address the requirements of the Weld County
Department of Building Inspection, as stated in the referral response dated
August 17, 2020. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
C. The applicant shall attempt to address the requirements of the Windsor
Severance Fire Protection District, as stated in the referral response dated
July 21, 2020. Written evidence of such shall be submitted to the Weld
County Department of Planning Services.
D. The applicant shall attempt to address the requirements of the North Weld
County Water District, as stated in the referral response dated July 21,
2020-2802
PL2761
SPECIAL REVIEW PERMIT (USR20-0015) - JOHN AND SHARON BAPTIST
PAGE 5
2020. Written evidence of such shall be submitted to the Weld County
Department of Planning Services.
E. The applicant shall provide photographic evidence to the Department of
Planning Services that all noncommercial junkyard items located on the
property are screened from all adjacent properties and public rights-of-way
or have been removed from the property.
F. The applicant shall submit a recorded copy of any agreement signed by all
the owners of the property crossed by the access. The access shall be for
ingress, egress and utilities and shall be referenced on the USR map by
the Weld County Clerk and Recorder's Reception number.
G. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR20-0015.
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 the trash collection areas on the map.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
5) The map shall delineate the lighting, if applicable.
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 23 is a paved road and is designated on the Weld
County Functional Classification Map as a collector road, which
requires 80 feet of right-of-way at full buildout. The applicant shall
delineate and label the future and existing right-of-way (along with
the documents creating the existing right-of-way) and the physical
location of the road on the site map or plat. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
9) The applicant shall show and label the approved access location,
approved access width and the appropriate turning radii (60 feet)
on the site plan. The applicant must obtain an Access Permit in the
approved location prior to operation.
2020-2802
PL2761
SPECIAL REVIEW PERMIT (USR20-0015) - JOHN AND SHARON BAPTIST
PAGE 6
10) The applicant shall show and label the 30-foot minimum access and
utility easement to provide legal access to the parcel on the site
plan.
11) The applicant shall show and label the drainage flow arrows.
12) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
13) The applicant shall show the floodplain and floodway (if applicable)
boundaries on the map. The applicant shall label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel
Number or appropriate study.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
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 120 days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee.
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the plat not be recorded within the required 120 days from the date
of the Board of County Commissioners Resolution, a $50.00 recording
continuance charge shall be added for each additional three (3) month period.
4. The Use by Special Review Permit is not perfected until the Conditions of Approval
are completed and the map is recorded. 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 or the applicant has been approved for an early release agreement.
2020-2802
PL2761
SPECIAL REVIEW PERMIT (USR20-0015) - JOHN AND SHARON BAPTIST
PAGE 7
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 23rd day of September, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: diithio d • L U• �Cfaro Mike F eeman, Chair
Weld County Clerk to the Board
- • Steve rend, P o-Tern
BY:
eputy Clerk to the Board
Se•tt . James
i
APP D A , FOR ;�. ,� _��,��/_. . . / I► . .L� _ .cam
361 ���, ��.-rbara Kirkmeye
County - torney EXCUSED
(J j 1 Ns, I Kevin D. Ross
Date of signature: to/06/2.0 rr
2020-2802
PL2761
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JOHN AND SHARON BAPTIST
USR20-001 5
1. The Site Specific Development Plan and Use by Special Review Permit, USR20-0015, is
for a Home Business (vehicle restoration and repair) 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 parking area on the site shall be maintained.
4. The screening on the site shall be maintained.
5. All automobile repair and modification work shall occur indoors.
6. 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.
7. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan. Neither the direct, nor reflected, light from any light
source may create a traffic hazard to operators of motor vehicles on public or private
streets. No colored lights may be used which may be confused with, or construed as,
traffic control devices.
8. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, C.R.S. §30-20-100.5) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
9. 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, C.R.S. §30-20-100.5.
10. 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. The applicant shall operate in accordance with Chapter 14, Article I, of the
Weld County Code.
11. Fugitive dust should attempt to be confined on the property. Uses on the property should
comply with the Colorado Air Quality Commission's Air Quality Regulations.
12. All potentially hazardous chemicals must be handled in a safe manner in accordance with
product labeling, and in a manner that minimizes the release of hazardous air
pollutants (HAPs) and volatile organic compounds (VOCs). All chemicals must be stored
securely, on an impervious surface, and in accordance with manufacturers'
recommendations.
2020-2802
PL2761
DEVELOPMENT STANDARDS (USR20-0015) - JOHN AND SHARON BAPTIST
PAGE 2
13. Process wastewater (such as floor drain wastes) shall be captured in a watertight vault
and hauled off for proper disposal. Records of installation, maintenance, and property
disposal shall be retained.
14. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges
in accordance with the Rules and Regulations of the Water Quality Control Commission,
and the Environmental Protection Agency.
15. Any additional hydraulic load to the existing On-site Wastewater Treatment
System (OWTS) serving the shop (G19919173) will require an evaluation from a Colorado
Registered Professional Engineer. The engineer's evaluation shall be submitted to the
Environmental Health Division of the Weld County Department of Public Health and
Environment. In the event the system is found to be inadequate, the system must be
brought into compliance with current Weld County OWTS Regulations.
16. Adequate drinking, handwashing, and toilet facilities shall be provided for employees and
patrons, at all times. A permanent, adequate water supply shall be provided for drinking
and sanitary purposes.
17. Any On-site Wastewater Treatment System (OWTS) located on the property must comply
with all provisions of the Weld County Code, pertaining to OWTS.
18. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
19. 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.
20. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off-site tracking.
21. There shall be no parking or staging of vehicles on public roads. On-site parking shall be
utilized.
22. Any work that may occupy and/or encroach upon any County rights-of-way or easement
shall acquire an approved Right-of-Way Use Permit prior to commencement.
23. The historical flow patterns and runoff amounts on the site will be maintained.
24. Weld County is not responsible for the maintenance of on-site drainage related features.
25. A Flood Hazard Development Permit is required for all construction or development
occurring in the floodplain or floodway as delineated on Federal Emergency Management
Agency (FEMA) FIRM Community Panel Map#08123C-1501 E, effective date January 20,
2016 (John Law Ditch Floodplain). Any development shall comply with all applicable Weld
County requirements, Colorado Water Conservation Board requirements as described in
Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA regulations and
2020-2802
PL2761
DEVELOPMENT STANDARDS (USR20-0015) - JOHN AND SHARON BAPTIST
PAGE 3
requirements as described in 44 CFR parts 59, 60, and 65. The FEMA definition of
development is any man-made change to improved or unimproved real estate, including,
but not limited to, buildings or other structures, mining, dredging, filling, grading, paving,
excavation, drilling operations, or storage of equipment and materials.
26. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of
any development activities, the owner should contact Weld County to determine if the
floodplain boundaries have been modified.
27. Building Permits may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2018 International Codes,
2006 International Energy Code, and 2017 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.
28. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
29. 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.
30. 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.
31. The property owner or operator shall be responsible for complying with all 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.
32. 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
2020-2802
PL2761
DEVELOPMENT STANDARDS (USR20-0015) - JOHN AND SHARON BAPTIST
PAGE 4
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.
33. 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.
2020-2802
PL2761
Hello