HomeMy WebLinkAbout20190179RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPEC
PERMIT, USR18-0067, FOR A HOME BUSINESS (AUTOMOBILE MODIFI
THE A (AGRICULTURAL) ZONE DISTRICT - AD HILTON AND
LAGUARDIA HILTON
WHEREAS, the Board of County Commissioners Weld Co
Colorado statute and the Weld County Home Rule • arter, is ves
administering the affairs of Weld County, Colorado, a
Colorado, . - 't to
with the authority of
WHEREAS, the Board of County Commissi• ers h- • a public hearin, •n the 14th day of
November, 2018, at the hour of 10:00 a.m., in t Chambe of the Board, the purpose of
hearing the application of Adam Hilton and hawn Lag - dia Hilton, 11 • Bailey Drive,
Brighton, Colorado 80603, for a Site ecific Development PI. and Use •y Special Review
Permit, USR18-0067, for a Home Busin .s (automobile modificatio in th = (Agricultural) Zone
District, on the following described real tate, being more particularl ribed as follows:
S1/2, Lot 11, Blo
part of Section 2
West of the 6th P.
WHEREAS, at
January 16, 2019, to
hearing which was co
WHEREAS,
represented by his At
which time the Board
to allow the applican
Commissio to factor
legal a
Count
p
fort' , owing reasons:
id hearing the
w the applicant'
nued and set for
1 of Jo Ann Subdivision; • ng
, Township 1 North, Ra , e 66
., Weld County, Colorad
oard deemed it advis- ale to continue the matter to
ttorney to be presen or the Planning Commission
cember 18, 2018, a
aid hearing on Jan -ry 16, 2019,
ey, Brian DeBauche, 4 Kalamath S
emed it advisable to refe e matter
n additional opportunity to ake
their recommendation, and
e applicant was present and
et, Denver, Colorado 80204, at
ack to the Planning Commission
resentation before the Planning
EREAS, the oard further order the I my Attorney to proceed with immediate
ion concerning ning Violation V18-0 66, to ensure compliance with the Weld
Code, and
HEREAS, on
2018, th
he B
REAS,
Special R
arch , . 19, following
,applicant was present an
rd deemed it advisable
earing before the Planning Commission on
epresented by his Attorney, Brian DeBauche,
continue the matter to April 10, 2019, due to
the Weld County Code provides standards for review of
REAS, on Apr 0, 19, the Board of County Commissioners heard all of the
and statements o ' e present, studied the request of the applicant and the
dation of the Weld County Planning Commission and all of the exhibits and evidence
d aving been fully informed, finds that this request shall be approved
CC, PL c C C, ( T P), Pt c en to ) , E.H C LL),
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2019-0179
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SPECIAL REVIEW PERMIT (USR18-0067) - ADAM HILTON AND LASHAWN LAGUARDIA
HILTON
PAGE 2
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.D (A.Goal 4) states: "Promote a quality
environment which is free of derelict vehicles, refuse, litter and other
unsightly materials" and 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." The use has been
mitigated through the Conditions of Approval (COA) and
Development Standards (DS).
2) Section 22-2-20.1 (A.Goal 9) states: "Reduce potential conflicts
between varying land uses in the conversion of traditional
agricultural lands to other land uses." The site is not an area with
Prime Irrigated Farmland and the COA and DS will help mitigate
any potential impacts on the surrounding area.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. The Board has allowed for home
businesses within subdivisions and within the A (Agricultural) Zone District
so long as the Home Business is conducted within the accessory building.
1) Section 22-2-20.1.5 (A.Policy 9.5) states: "Applications fora change
of land use in the agricultural areas should be reviewed in
accordance with all potential impacts to surrounding properties and
referral agencies." The proposed business is consistent with the
intent of the A (Agricultural) Zone District and will have a minimal
impact on surrounding property owners. Concerns voiced by the
public hearing were related to the personal use of the property and
not the business use of the property, therefore, the business itself
will not have an adverse impact.
C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The proposed business use will be
able to comply with the noise standard and other Development Standards.
The applicant has installed fencing along the north property line, between
the shop and the adjacent residence. They are also proposing to limit the
number of vehicles temporarily stored on the site (until they are worked on).
The applicant has provided an updated questionnaire which indicated that
noise is already generated from vehicles and ATVs utilizing dirt tracks in
the area (including other properties in the subdivision), along with noise
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SPECIAL REVIEW PERMIT (USR18-0067) - ADAM HILTON AND LASHAWN LAGUARDIA
HILTON
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coming from owners and members on the race team that work on their own
personal vehicles on this property that is not associated with this proposed
USR. The application also indicates that the business does not possess
machinery or equipment that would generate noise, smoke, refuse or oil,
or other wastes or fumes that would disturb neighboring properties. The
activities (dirt tracks and working on personal race cars) appear to refer to
non-commercial activities that are not regulated under the USR process.
The application indicates that the volume of traffic coming to the site will be
quite low and typically involves projects such as frame up rebuilds and
engine replacements. The application indicates that activities associated
with engines (including engine replacements) could be associated with this
business. The activity related to the home business is limited, will be done
within the accessory unit, and all non -operable / derelict vehicles will be
screened from public rights -of -way (ROW) and adjacent property. The
Conditions of Approval (COAs) and the Development Standards (DSs)
ensure the site is screened and limit noise to the Residential Zone.
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 or Master Plans of affected
municipalities. The proposed business will be compatible with future
development of the surrounding area, including the existing surrounding
land uses within the JoAnn Subdivision, and is compatible with future
surrounding land uses, which are expected to remain the same as the
existing uses.
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 a
recognized overlay district for the Geologic Hazard, Flood Hazard, MS4
area or Airport Overlay District. Building Permits issued on the lots 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 farmland in the locational decision for the proposed use.
The proposed business will have minimal impact on surrounding property
owners. The site is not Prime farm land, and there is no irrigation.
G. Section 23-2-230.B.7 — There are adequate provisions for the protection of
the health, safety, and welfare of the inhabitants of the neighborhood and
County. The proposed business will have a minimal impact on surrounding
property owners. The concerns and objections voiced at the hearing were
related to personal use of the property, not the business use of the
property, therefore, the business itself will not have an adverse impact. The
Development Standards to mitigate the use to ensure it occurs within the
accessory unit and the Use by Right is also mitigated.
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SPECIAL REVIEW PERMIT (USR18-0067) - ADAM HILTON AND LASHAWN LAGUARDIA
HILTON
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Ada Hilton and Lashawn Laguardia Hilton, for a Site
Specific Development Plan and Use by Special Review Permit, USR18-0067, for a Home
Business (automobile modification) 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 plat:
A. The applicant shall address the comments of the Division of Water
Resources, as stated in the referral response dated August 23, 2018.
Written evidence of such shall be submitted to the Weld County
Department of Planning Services.
B. A Change of Use Building Permit shall be submitted for the building in
which the automobile repair and modification occurs.
C. All derelict vehicles on the property shall be addressed by one of the
following: 1) Vehicles shall be screened by an opaque fence from adjacent
properties; 2) Vehicles shall be stored in a building; or 3) Vehicles shall be
removed from the property.
D. The plat shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0067.
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 landscaping and/or screening.
6) The map shall delineate the lighting which shall adhere to the Weld
County Code.
7) The vehicle storage area (for vehicles to be worked on) shall be
indicated.
8) All signs (if applicable) 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.
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9) The map shall delineate the parking area for the vendors,
customers and/or employees.
10) Bailey Drive 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 the
existing right-of-way on the site plan. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
11) The applicant shall show and label the approved access locations,
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(s) prior to construction.
12) The applicant shall show and label the entrance gate, if applicable.
An access approach that is gated shall be designed so that the
longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event shall the
distance from the gate to the edge of the traveled surface be less
than 35 feet.
13) The applicant shall show the drainage flow arrows.
14) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
15) The applicant shall show and label all recorded easements on the
map by book and page number or reception number and date on
the site plan.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one
(1) electronic copy (.pdf), or one (1) paper copy, of the plat for preliminary approval
to the Weld County Department of Planning Services. Upon approval of the plat
the applicant shall submit a Mylar plat along with all other documentation required
as Conditions of Approval. The Mylar plat shall be recorded in the office of the
Weld County Clerk and Recorder by the Department of Planning Services. The
plat shall be prepared in accordance with the requirements of Section 23-2-260.D
of the Weld County Code. The Mylar plat 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.
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the plat not be recorded within the required one hundred twenty (120)
days from the date of the Board of County Commissioners Resolution, a $50.00
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recording continuance charge shall be 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 Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
6. The Use by Special Review is not perfected until the Conditions of Approval are
completed and the plat 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 10th day of April, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CO ORADO
ATTEST: datici4) �C ada,
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
APPRO D ASIJ.Q-F
Mike Freeman, Pro-Tem
arbara Kirkmeyer Chair
EXCUSED 01/16/2019
Conway
James
y ttorney
Steve Moreno
Date of signature: DCo(051(9
2019-0179
PL2614
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ADAM HILTON AND LASHAWN LAGUARDIA HILTON
USR18-0067
1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0067, is for
a Home Business (automobile modification) 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 shall be limited between 7:00 a.m. and 7:00 p.m., Monday — Friday,
and 10:00 a.m. to 6:00 p.m., Saturday — Sunday.
4. The number of employees shall be limited to two (2).
5. The parking area on the site shall be maintained.
6. A maximum of three (3) vehicles related to the Home Business can be stored, staged
outside at any given time, and must be screened.
7. The screening on the site shall be maintained.
8. All automobile customization and performance upgrade work shall occur within the
accessory structure.
9. 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.
10. 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.
11. 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.
12. 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.
13. All potentially hazardous chemicals must be handled in a safe manner in accordance with
product labeling, 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.
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14. The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone as delineated in C.R.S. §25-12-103.
15. 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. The existing well cannot be used for the business unless it is
permitted to allow commercial use.
16. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to On -site Wastewater Treatment Systems.
17. For four (4) or less part-time employees on site and ten (10) or less customers per day,
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.
Portable toilets shall be screened from public view.
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 on 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. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties. Sources of light should not cause a nuisance or interfere with the use on the
adjacent properties in accordance with the map. 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.
25. 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
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DEVELOPMENT STANDARDS (USR18-0067) -ADAM HILTON AND LASHAWN LAGUARDIA
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Geotechnical Engineering Report, performed by a Colorado registered engineer, shall be
required or an Open Hole Inspection.
26. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
27. 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.
28. 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.
29. The facility shall notify the County of any revocation and/or suspension of any State -issued
permit.
30. The applicant shall notify the County upon receipt of any compliance advisory or other
notice of non-compliance of a State -issued permit, and of the outcome or disposition of
any such compliance advisory or other notice of non-compliance.
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
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.
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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.
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