HomeMy WebLinkAbout20190743.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0073, FOR A HOME BUSINESS (HVAC REPAIR) AND 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 - MARK SLOAN AND EVAN AND TARA
MARCELLUS
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
February, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Mark Sloan and Evan and Tara Marcellus, 13507 CR 2.5, Brighton, CO
80603, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0073,
for a Home Business (HVAC repair) and 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 following described real estate, being more particularly
described as follows:
Part of the N1/2 of Section 32, Township 1 North,
Range 66 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 23-2-230.6 of the Weld County Code as follows:
A. Section 23-2-230.6.1 -- 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." The property
owners are the only operators of the mechanical and HVAC repair
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Home Business and the Use by Right agricultural business. These
activities allow them to supplement income while still maintaining a
rural residential lifestyle.
2) Section 22-2-20.F.3 (A.Policy 6.3) states: "Encourage multi -
generational, caretaker, guest and accessory quarters." Both
residences are occupied by the property owners. The application
materials state that the purpose of this home will allow for multi -
generational living of family members on the property as Mark
Sloan is the uncle of Tara Marcellus. Additionally, the second
residence can be used for caretaker, guest and accessory quarters
and may also be used as a rental.
3) 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." There is currently water and septic
service provided to the property. A water well (permit #82045-F),
located in the Laramie -Fox Hills Aquifer, allows for use of the well
inside two (2) single-family dwellings in addition to limited irrigation
water. The water well cannot be used for business use unless it is
re -permitted to allow for commercial use. A septic permit
(SP -1800156) sized for six (6) bedrooms was issued May 10, 2018,
for use by both residences.
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."
2) Section 23-3-40.M states: Uses by special review, of the Weld
County Code states, "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 Agricultural (A) Zone District."
3) Section 23-3-40.P states: Uses by special review, of the Weld
County Code states, "Home Business." Based on these Code
Sections, the applicant is eligible to apply for a Use by Special
Review to permit the proposed land use request.
C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent lands consist of
farmland, rural residences, and oil and gas operations. There are five (5)
properties immediately adjacent to the site; three (3) with residences
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located on them. The closest residence is 220 feet to the southeast, across
County Road 2.5. The applicant does not own any other contiguous land.
The Weld County Department of Planning Services sent notice to seven (7)
Surrounding Property Owners within 500 feet of the proposed USR
boundary. No responses were received back. There is a mix of commercial
and industrial uses in the area in both Brighton city limits and
unincorporated Weld County, permitted with a mix of Use by Special
Reviews and Site Plan Reviews. There are thirteen (13) USRs in
unincorporated Weld County within one (1) mile of this site, primarily
located to the northwest of the site, along the U.S. Highway 85 corridor
including USR18-0028 (agritourism event venue), SUP -93 (feed lot),
USR-1658 (construction company), SUP -226 (oil tanks), USR-1676
(research, repair, and manufacturing business), AMUSR-1493 (salvage
yard), USR-969 (water skiing club), USR-968 (gravel pit), USR-1744
(commercial junkyard/salvage yard), MUSR14-0002 (gravel pit, asphalt &
storage business), USR-1402 (maintenance shop and storage business),
AMUSR-1458 (mineral resource development facility), and USR-1373
(concrete batch plant).
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 the three (3) mile referral area of
Adams County, City of Brighton, City of Fort Lupton, and the Town of
Lochbuie. The site is located directly northeast of and adjacent to the
Brighton municipal limits. The Fort Lupton referral response dated
September 11, 2018, indicated no concerns. Adams County, Brighton and
Lochbuie did not respond. The site is located within the Fort Lupton
Coordinated Planning Agreement (CPA) area. As part of the pre -
application process, Fort Lupton responded to the Notice of Inquiry on
January 23, 2018, which stated that due to the IGA between Fort Lupton
and Brighton, Fort Lupton will not be pursuing annexation of the subject
property.
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
A -P (Airport) Overlay District, Geologic Hazard Overlay District, a Special
Flood Hazard Area or MS4 area. 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 soils designated as "High Potential
Dry Cropland - Prime if they become Irrigated" per the 1979 Soil
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Conservation Service Important Farmlands of Weld County Map. The
proposed USR will not take any Prime (Irrigated) Farmland out of
production. Additionally, the small lot size makes commercial farming
impractical. Limited hobby farming occurs on -site including egg production.
The eighty (80) chickens on -site, as part of the agricultural business fall
under the maximum animal units limits being 200 per acre and 800 total on
the four (4) acre parcel.
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 Mark Sloan and Evan and Tara Marcellus, for a Site
Specific Development Plan and Use by Special Review Permit, USR18-0073, for a Home
Business (HVAC repair) and 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:
1. Prior to recording the map:
A. The Onsite Wastewater Treatment System, permitted as SP -1800156,
shall receive final approval from Environmental Health Services.
B. The applicant shall submit evidence that the yurt (second home) complies
with the requirements of the 2018 International Residential Code, and
Chapter 29 of Weld County Code, as stated in the referral response dated
January 4, 2019.
C. The applicant shall address the requirements of the Colorado Division of
Water Resources regarding re -permitting the well for poultry watering, as
stated in the referral response dated September 12, 2018. Written evidence
of such shall be submitted to the Weld County Department of Planning
Services.
D. The applicant shall submit a Screening and Landscaping Plan and
photographic evidence that the non-commercial junkyard has been
completely screened as stated in the Zoning Compliance referral dated
September 7, 2018.
E. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0073.
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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 show and label the locations and setbacks of
the existing primary and secondary residences and shop.
5) County Road 2.5 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 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.
6) 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.
7) 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.
8) The applicant shall show the drainage flow arrows.
9) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one
(1) paper copy or (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.
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
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$50.00 recording continuance charge shall be added for each additional three (3)
month period.
4. 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.
5. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 27th day of February, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: datiftvo K.j4o�
Weld County Clerk to the Board
BY:
Deputy Cler
o the Boar
APP .r I AS TAO -
y Attorney
Date of signature: 3"12.- Id
EXCUSED
Barbara Kirkmeyer, Chair
Mike Freeman, Pro -
Conway
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MARK SLOAN AND EVAN AND TARA MARCELLUS
USR18-0073
1. The Site Specific Development Plan and Use by Special Review Permit, USR18-0073, is
for a Home Business (HVAC repair) and 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 hours of operation of the Home Business is 8:00 a.m. to 6:00 p.m., seven (7) days a
week, as requested in the application materials.
4. All items considered to be part of the non-commercial junkyard shall be completely
screened from adjacent properties and rights -of -way and the site shall adhere to the
approved Screening and Landscaping Plan.
5. The property owners shall be involved in the Home Business as owners and/or operators.
6. The Home Business shall be incidental to the principal residential use of the property for
gainful employment of the family residing on the property and shall not change the
character thereof.
7. 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.
8. The access on the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
9. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
10. 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.
11. The historical flow patterns and runoff amounts on the site will be maintained.
12. 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.
13. 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.
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14. 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.
15. 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.
16. 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.
17. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone as delineated in C.R.S. §25-12-103.
18. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
The existing well (permit 82045-F) cannot be used for the business unless it is repermitted
to allow commercial use.
19. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to On -site Waste Water Treatment Systems.
20. In the event the applicant intends to utilize the existing septic system at the home, for
business use, 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 Environmental Health Services Division of 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.
21. Adequate hand washing, and toilet facilities shall be provided for employees, at all times.
For two (2) or less full-time and/or four (4) or less part-time employees onsite, 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.
22. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
23. 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.
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24. 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.
25. 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.
26. 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.
27. 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.
28. 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.
29. 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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