HomeMy WebLinkAbout20194558.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR19-0036, FOR A HOME BUSINESS THAT ES VIA
SANDBLASTING AND CARVING STONE MONUMENTS AN HEADSTON ,AND
FOR ONE(1)SINGLE-FAMILY DWELLING UNIT PER LOT HER THAN HOSE
PERMITTED UNDER SECTION 23-3-20.A(SECOND SINGL MILY D ELLING
UNIT) IN THE A(AGRICULTURAL) ZONE DISTRICT RIC D D KATHI
CROOKS
WHEREAS,the Board of County Commissioners of n lorado,pursuant to
Colorado statute and the Weld County Home Rule C rter, is ve to ith the authority of
administering the affairs of Weld County,Colorado,and
WHEREAS,the Board of County Commissioners he ubli hearing on the 18th day of
September,2019,at the hour of 10:00 a.m.,in t a rs of e Board,for the purpose of
hearing the application of Richard and Kathi Cr ks,23165 1 ,Johnstown,Colorado 80534,
for a Site Specific Development Plan and Use y Special Re iew Permit,USR19-0036,for a
Home Business that fabricates via sandblasting carving stone monuments and headstones,
and for one (1) Single-Family Dwelling nit lot other than those permitted under
Section 23-3-20.A(second single-family d elling unit the A(Agricultural)Zone District,on the
following described real estate,being m articular described as follows:
Part of the S /4 of Se 1,Township 4 North,
Range 68 West of the th P.M., Weld County,
Colorado
WHEREAS,at said he ing,on Se ember 18,2019,the Board reviewed the request of
the applicant and,having been Ily inform ,finds that this request be approved,and the matter
should be continued cto 30,201 ,at 10:00 a.m.,to allow Richard and Kathi Crooks
adequate time to ret fro bein own for a medical emergency,and
WHEREAS, id heari ,on October 30,2019,the applicants were not present,and
at the recom dation of Bob hoate,Assistant County Attorney,the Board continued the
hearing to N ember 6,2019, 10:00 a.m.,to allow Planning Staff adequate time to consult with
the applicant about eir avai ability,and
H REA at id hearing,on November 6,2019,the applicant was present,and
W EREAS,Section 23-2-230 of the Weld County Code provides standards for review of
aid Us Review Permit,and
HEREAS,the application for Use by Special Review Permit,USR19-0036,was received
and essed prior to the adoption of Ordinance#2019-02, effective July 25, 2019,which
amende hapter 23 Zoning of the Weld County Code.Therefore,the standards for review of
said USR Permit will remain subject to Chapter 23,Article III,of the Weld County Code as it
existed prior to July 25,2019,and
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SPECIAL REVIEW PERMIT (USR19-0036) - RICHARD AND KATHI CROOKS
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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.3 (A.Policy 6.3) states: "Encourage
multi-generational, caretaker, guest and accessory quarters."The
second single-family dwelling will be occupied by the property
owner's daughter and her family. In the future, should this person
vacate the property, the second dwelling may be used as a rental
income residence.
2) Section 22-2-20.H (A.Goal 8) states: "Ensure that adequate
services and facilities are currently available or reasonably
obtainable to accommodate the requested new land use change for
more intensive development." The applicant is requesting a USR
permit for two (2) single-family dwellings on one (1) parcel. The
applicant receives water from the Town of Johnstown via water tap
account number 980.051.01. A new septic will be placed on the
property to accommodate the new residence. The Conditions of
Approval and Development Standards ensure that there are
adequate services and facilities available.
3) Section 22-2-100.A.3 (C.Policy 1.3) states: "Neighborhood
commercial uses should be allowed in residential areas. These
commercial uses should consist only of neighborhood-oriented
businesses. Commercial uses that service a greater area than the
neighborhood and create an undesirable impact, such as increased
vehicular traffic, are not considered appropriate in residential
neighborhoods."
B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-40.M allows for a Site Specific Development Plan and
Use by Special Review Permit for one (1) Single-Family Dwelling
Unit per lot other than those permitted under Section 23-3-20.A,
(second single-family dwelling unit) and Section 23-3-40.P allows
for a Home Business in the A (Agricultural) Zone District.
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C. Section 23-2-230.6.3—The uses which will be permitted will be compatible
with the existing surrounding land uses. There are several rural residences
in the near vicinity with the nearest residence being located approximately
175 feet to the southeast from the property line. Rural residences in the
near vicinity include: a residence to the south approximately 195 feet and
to the north are the Corbett Glen Subdivision open space with the nearest
residential parcel being approximately 500 feet to the northwest of the
property line. No telephone calls or correspondence concerning this
application were received.
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 three (3) miles of the Towns of
Johnstown and Berthoud, and Larimer County. No agencies returned a
referral response. At the time of initial application, Weld County did not
have a Coordinated Planning Agreement with the Town of Johnstown.
E. Section 23-2-230.6.5—The application complies with Chapter 23,Article V,
of the Weld County Code. The property is not within a recognized overlay
district for Flood Hazard Development, Geologic Hazard, MS4 or Airport
Overlay Districts. The site is within 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 and second residence are located on an
approximately 1.22-acre metes and bounds defined parcel. The property
has existing improvements and the new residence will be located within a
footprint of approximately 2,000 square-feet with the remaining area
utilized for the fabrication shop and landscape amenity.
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 Richard and Kathi Crooks, for a Site Specific
Development Plan and Use by Special Review Permit, USR19-0036, for a Home Business that
fabricates via sandblasting and carving stone monuments and headstones, and for one (1)
Single-Family Dwelling Unit per lot other than those permitted under Section 23-3-20.A (second
single-family dwelling unit) in the A (Agricultural) Zone District, on the parcel of land described
above be, and hereby is, granted subject to the following conditions:
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1. Prior to recording the map:
A. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR19-0036.
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) This portion of County Road 13 is under the jurisdiction of the Town
of Johnstown. The applicant should contact the municipality to
verify the right-of-way. The applicant shall show and label the
right-of-way. The applicant shall show the approved access(es) on
the site plan and label with the approved Access Permit number, if
applicable.
5) 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.
6) The applicant shall show and label the drainage flow arrows.
7) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
2. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
3. Prior to the issuance of the Certificate of Occupancy:
A. An On-site Wastewater Treatment System is required for the proposed
residence and shall be installed according to the Weld County On-site
Waste Water Treatment System Regulations.
4. 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
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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.
5. 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 be added for each
additional three (3) month period.
6. The Use by Special Review 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
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 6th day of November, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CO ORADO
ATTEST: dititev jC,lto•t1 6' - - A/b '_ -
bara Kirkmey r, Chair / �
Weld County Clerk to the Board
Mi e Freeman, Pro-Tem
BY: A/
eputy Clerk to the Board ,e4B �, EXCUSED
/.) Sean j. Conway
AP'=IYED AS T• i t ., .' � ', Ai
jou cott- . James
ounty Attorney \to : Fir t '1 e
1U' Steve Moreno
Date of signature: 11/2O/19
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
RICHARD AND KATHI CROOKS
USR19-0036
1. The Site Specific Development Plan and Use By Special Review Permit, USR19-0036, is
for a Home Business that fabricates via sandblasting and carving stone monuments and
headstones, and for one (1) Single-Family Dwelling Unit per lot other than those permitted
under Section 23-3-20.A (second single-family dwelling unit) 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 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.
4. The historical flow patterns and runoff amounts on the site will be maintained.
5. Weld County is not responsible for the maintenance of on-site drainage related features.
6. 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.
7. 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.
8. 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 facility shall operate in accordance with Chapter 14, Article I, of the Weld
County Code.
9. 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.
10. Adequate drinking, handwashing, and toilet facilities shall be provided for employees and
patrons, at all times. Any On-site Wastewater Treatment system located on the property
must comply with all provisions of the Weld County Code, pertaining to Systems.
11. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
12. Any additional hydraulic load to the existing septic system (G1899026) 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 Environment. 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.
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13. All 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.
14. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
15. Building permits may be required for any new construction or set up manufactured
structure, per Section 29-3-10 of the Weld County Code. A Building Permit application
must be completed and submitted. Buildings and structures shall conform to the
requirements of the various codes adopted at the time of permit application. Currently the
following has been adopted by Weld County: 2018 International Building Codes, 2006
International Energy Code, 2017 National Electrical Code, and Chapter 29 of the Weld
County Code. A plan review shall be approved, and a permit must be issued prior to the
start of construction.
16. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment shall be granted access onto the property,
specifically to inspect the monument business, 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.
17. 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.
18. 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.
19. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
20. 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
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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.
21. 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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