HomeMy WebLinkAbout20193937.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR19-0039, FOR A HOME BUSINESS (TRANSMISSION REPAIR SHOP)
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 - MANUEL GALLEGOS-
HERRERA AND APRYL HERRERA
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 11th day of
September, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Manuel Gallegos -Herrera and Apryl Herrera, 25868 CR 48, Kersey,
Colorado 80644, for a Site Specific Development Plan and Use by Special Review Permit,
USR19-0039, for a Home Business (transmission repair shop) 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:
Lot B of Recorded Exemption, RE -2820; being part
of the NE1/4 of Section 8, Township 4 North, Range
64 West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicants were 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 23-2-230.6.1 — 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."
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2) Section 22-2-20.G (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 business is compatible because the use will
primarily be within the accessory structure being the pole barn. The
application materials state this transmission shop will primarily be
for the surrounding farmers and neighbor's equipment in the area.
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. The house on the property is
currently served by the Central Weld County Water
District (CWCWD) via Tap #1794. Water for the business and
second home is available through the CWCWD, via a letter dated
April 25, 2019. A septic permit (SP -0100193) sized for three (3)
bedrooms was issued May 29, 2001, for the current home on the
property. A new On -Site Wastewater Treatment System (OWTS)
will serve the business and the second dwelling.
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.M — Uses by Special Review, of the Weld County
Code allows 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. This code section
allows the applicant to apply for the subject second home.
3) Section 23-3-40.P — Uses by Special Review, of the Weld County
Code allows for a "home business" in the A (Agricultural) Zone
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. There are several Use by Special
Review permits within one (1) mile of the subject property. Including one
(1) accessory structure, one (1) roping arena, one (1) airstrip, one (1) 400-
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head dairy, one (1) Oil and Gas Support Service facility, two (2) agricultural
related facilities, two (2) Mineral Resource Facilities and two (2) second
single-family residences. The Weld County Department of Planning
Services sent notice to ten (10) surrounding property owners within five
hundred (500) feet. No correspondence was received back from
surrounding property owners regarding the proposed application. 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 the three (3) mile referral area of
the Town of Kersey. The Town of Kersey did not return a referral. The site
is also located within the Town of Kersey's Coordinated Planning
Agreement (CPA) area. The Town indicated on the signed Notice of Inquiry
form, dated May 14, 2019, that the property is not eligible for annexation
and no further comments were provided.
E. Section 23-2-230.6.5 — 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, Airport
Overlay District or the Municipal Separate Storm Sewer System (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 soil designation for the site is "Irrigated (not prime)," per the 1979
Soil Conservation Service Important Farmlands of Weld County Map. The
site is not being used for agricultural production and the small lot size is not
suitable for farming.
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 Manuel Gallegos -Herrera and Apryl Herrera, for a Site
Specific Development Plan and Use by Special Review Permit, USR19-0039, for a Home
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Business (transmission repair shop) 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 applicant shall submit a final drainage report or qualifying narrative.
B. The applicant shall attempt to address the requirements of the Platte Valley
Fire Protection District, as stated in the referral response dated May 15,
2019. Written evidence of such shall be submitted to the Weld County
Department of Planning Services.
C. The plat shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR19-0039.
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) 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.
5) The map shall delineate the parking area for the employees.
6) County Road 48 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 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.
7) 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 construction.
8) 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
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distance from the gate to the edge of the traveled surface be less
than 35 feet.
9) The applicant shall show and label the drainage flow arrows.
10) 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 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
recording continuance charge shall be added for each additional three (3) month
period.
4. Prior to the issuance of the Certificate of Occupancy:
A. An On -Site Wastewater Treatment System (OWTS) is required and shall
be installed according to the Weld County On -Site Wastewater Treatment
System Regulations. The OWTS is required to be designed by a Colorado
Registered Professional Engineer according to the Weld County OWTS
Regulations.
5. 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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 11th day of September, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLC)RADO
ATTEST: d/ti jelu);
Weld County Clerk to the Board
BY:
eputy Clerk to the Board
APP'eVED
y At orney
Date of signature: Oct /2-5A
4
arb
ara Kirkmeyer, ,Chair
Mike Freeman, Pro -Tern
Conway
James
Steve Moreno
k'cy-&t—
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MANUEL GALLEGOS-HERRERA AND APRYL HERRERA
USR19-0039
1. The Site Specific Development Plan and Use by Special Review Permit, USR19-0039, is
for a Home Business (transmission repair shop) 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 number of on -site employees shall be up to four (4).
4. The parking area on the site shall be maintained.
5. 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.
6. 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.
7 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.
8. 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.
9. 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.
10. Fugitive dust should attempt to be confined on the property.
11. 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.
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12. Adequate drinking, handwashing, and toilet facilities shall be provided for employees and
patrons, at all times.
13. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
14. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to On -Site Wastewater Treatment Systems.
15. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
16. 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.
17. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
18. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
19. 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.
20. The historical flow patterns and runoff amounts on the site will be maintained.
21. Weld County is not responsible for the maintenance of on -site drainage related features.
22. 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.
23. 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.
24. 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.
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25. 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.
26. 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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