HomeMy WebLinkAbout20181229.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR17-0066, FOR ONE (1) SINGLE-FAMILY DWELLING UNIT PER LOT
OTHER THAN THOSE PERMITTED UNDER SECTION 23-3-20.A AND TWO (2) HOME
BUSINESSES: ONE BEING FOR THE STORAGE OF UP TO TWO (2) COMMERCIAL
VEHICLES AND INDOOR STORAGE OF SUPPLIES FOR A CARPET LAYING
BUSINESS, AND A SECOND HOME BUSINESS FOR A TAX PREPARATION
BUSINESS TO BE CONDUCTED ON -SITE IN THE A (AGRICULTURAL) ZONE
DISTRICT - GENARO NUNEZ AND JOSE AND MARIANA RAMIREZ
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 25th day of
April, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Genaro Nunez, and Jose and Mariana Ramirez, 1777 East 16th Street, Greeley,
CO 80631, for a Site Specific Development Plan and Use by Special Review Permit,
USR17-0066, for One (1) Single -Family Dwelling Unit per lot other than those permitted under
Section 23-3-20.A and two (2) Home Businesses: one being for the storage of up to two (2)
commercial vehicles and indoor storage of supplies for a carpet laying business, and a second
home business for a tax preparation business to be conducted on -site in the A (Agricultural) Zone
District, on the following described real estate, being more particularly described as follows:
Part of the NW1/4 of Section 10, Township 5 North,
Range 65 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 23-2-230.6.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect. The
proposed use is in an area that can support this proposal, the Conditions
of Approval and the Development Standards will assist in mitigating the
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impacts of the facility on the adjacent properties and ensure compatibility
with surrounding land uses and the region.
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 two proposed
home businesses will allow the property owner to supplement family
income and reduce living expenses by allowing the property owners
to live and work from their homesite. Both proposed home
businesses will be run primarily by the property owners and their
children that live on site, with up to two (2) external full-time
employees on a seasonal basis proposed for the tax business and
no external employees proposed for the carpet/flooring installation
business. There is one proposed commercial vehicle that will be
primarily used for the carpet/flooring installation business and
stored on site for the sole use by the property owner for this
proposed business. The proposed second single family dwelling on
site would also provide the applicant the opportunity to supplement
family income if the second home onsite is used as a rental home.
2) Section 22-2-20.F.3 (A.Policy 6.3) states: "Encourage
multi -generational, caretaker, guest and accessory quarters." The
approval of this second dwelling as the secondary residence on site
would also allow the applicant to use the second dwelling to house
unrelated persons as well as family.
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 service
provided to the site through a 3/4" water tap provided by the North
Weld County Water District, through meter #1706002. Per a letter
from the Water District, provided to the Planning Department in the
USR application, dated November 16, 2017, the current tap on the
site can be used for both homes and the business, and the water
district stated no concerns with the proposed use. According to the
Weld County Department of Public Health and Environment
referral, the parcel currently has one (1) permitted septic system
that is permitted to service both homes on the site, Septic Permit
(SP -1500111). The existing detached building used for the tax
business and proposed to be used for indoor storage for the flooring
business does not have water or sewer. As indicated in the
application, there will be only one employee (property owner) for
the flooring business which will utilize the site for storage before
heading to job sites. The tax service portion will have customers
and two (2) full-time employees on a seasonal basis (January to
April), otherwise, only one employee (property owner) will utilize the
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site for the tax business. Portable toilets and bottled water can be
used for employees who are on -site for two (2) consecutive hours
or less, or if there are two (2) or less full-time employees on -site
and/or for customers or visitors. The application did not indicate if
portable toilets or bottled water would be used. If the existing septic
system will be utilized for the business, an engineer review is
required. If the system is found to be inadequate, a repair permit
must be submitted and the system shall be brought up to current
requirements.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.M 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)
through the approval of a Use by Special Review Permit (USR) in the
A (Agricultural) Zone District. Also Section 23-3-40.P of the Weld County
Code allows for Home Business through the approval of a USR in the A
(Agricultural) Zone District . The proposed uses, therefore, are consistent
with the intent of the A (Agricultural) Zone District.
C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The lots that surround the
proposed parcel that are located on the north side of East 16th Street are
all A (Agricultural) zoned lots that are not located in a subdivision. The
adjacent agricultural zoned lots directly to the west and east of the property
are 2.8 acres and 1.1 acres in size with single-family home sites as the
primary use on the lots. A Zoning Permit for a Second Dwelling for family
members only (ZPSD13-0008) has also been approved on the 2.8 -acre lot
adjacent and to the west. The agricultural zoned lot located directly north
of and adjacent to the proposed parcel is approximately 90 acres in size
and has a Special Use Permit approved for a gravel mining operation
(AMSUP-345). The parcels adjacent to the proposed parcel, located south
of East 16th Street, are all zoned R-1 (Residential) and range between 0.4
to 2.5 acres in size and are primarily used as single-family home sites
located in the Historic Townsite of Braddy. The uses proposed are
consistent with the allowed uses in the A (Agricultural) Zone District. There
are four (4) Use by Special Review (USR) permits approved within one mile
of the proposed parcel. Three (3) of the four (4) approved USR permits are
gravel mining operations on larger agricultural zoned lots directly north of
the proposed parcel, adjacent to the Cache La Poudre River. One (1) USR
is approved approximately 1/10 of a mile west of the proposed parcel for a
Recreational Vehicle Storage Site (USR-926). The uses proposed are
consistent with the current surrounding land uses in the area. The proposed
second dwelling is consistent with the neighboring lots that are primarily
used as residential home sites. There has been an approved second
dwelling on the adjacent parcel to the west and there are also approved
commercial uses on neighboring parcels that are consistent with the type
of use and intensity proposed by the home businesses in this USR
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application. The Weld County Department of Planning Services has
received no responses from the surrounding property owners in opposition
to this 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 Town of Kersey's Coordinated
Planning Agreement (CPA) Area and is located within the three (3) mile
referral area of the City of Evans, the Town of Garden City and the City of
Greeley. The Town of Kersey, in their notice of inquiry letter dated
November 1, 2017, stated they had no conflict with the USR proposal. The
Town of Garden City responded on January 1, 2018, with a letter stating
no conflict with the proposal and the City of Evans did not respond to the
referral request. The City of Greeley did respond to the referral request and
in their referral comments, dated November 29, 2017, indicated that they
have concerns with the proposed use and development and provided a list
of advisory comments from both their Planning Department and their
Development Review Engineer.
E. Section 23-2-230.6.5 -- The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The site is in the (Cache La
Poudre Floodplain) as delineated on Federal Emergency Management
Agency (FEMA) FIRM Community Panel Map #08123C -1542E, effective
date January 20, 2016. The existing two -car garage on -site is permitted by
FHDP-160. The two houses that are currently on the site are not in the
current effective floodplain. Any improvements and new construction in the
floodplain will require a Flood Hazard Development Permit. The site is in
the Greeley -Weld County Airport Overlay District; however, the
Greeley -Weld County Airport did not respond to the referral request for this
USR application. The site is not located within a Geologic Hazard Overlay
District. 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 23-2-230.6.6 -- The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The proposed home site is located on approximately 1.43 acres in the
A (Agricultural) Zone District. The soil designation for the site is "Other,"
per the 1979 Soil Conservation Service Important Farmlands of Weld
County Map. Due to the classification given, the proposed USR will not take
"Prime (Irrigated)" Farmland out of production.
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
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that there are adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County. The Board
of County Commissioners finds a waiver of the sign code is appropriate for
one (1) freestanding sign and for one (1) building sign as permitted by
Section 23-2-240.A.12.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Genaro Nunez and Jose and Mariana Ramirez, for a
Site Specific Development Plan and Use by Special Review Permit, USR17-0066, for One (1)
Single -Family Dwelling Unit per lot other than those permitted under Section 23-3-20.A and two
(2) Home Businesses: one being for the storage of up to two (2) commercial vehicles and indoor
storage of supplies for a carpet laying business, and a second home business for a tax preparation
business to be conducted on site 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 requirements (concerns) of the Weld
County Department of Building Inspection, as stated in the referral
response dated January 23, 2018. Evidence of such shall be submitted, in
writing, to the Weld County Department of Planning Services.
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR17-0066.
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) Show and label on the map all existing and proposed structures on
the site.
6) The map shall delineate all existing and proposed outdoor lighting.
The lighting will need to adhere to Section 23-2-250.D of the Weld
County Code.
7) All signs shall be shown on the map.
8) The map shall delineate an adequate parking area on -site for the
proposed commercial vehicle, employee vehicles and customer
vehicles.
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9) Show and label all recorded easements and rights -of way on the
map and label with the recoded book and page number or reception
number and date.
10) East 16th Street is a paved 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
on the map the existing right-of-way. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
11) Show and label the approved access locations, and the appropriate
turning radii (60') on the map. The applicant must obtain an access
permit in the approved location(s) prior to construction.
12) The applicant shall show the drainage flow arrows.
13) Show and label the parking on the property.
14) Show and label the floodplain and floodway (if applicable)
boundaries on the map. Label the floodplain boundaries with the
FEMA Flood Zone and FEMA Map Panel Number.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one
(1) paper copy or 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 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
$50.00 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 State Plane Colorado North FIPS
0501 (US Feet)....etc.). This digital file may be sent to maps@co.weld.co.us.
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5. 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 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 25th day of April, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dj„Q :el EXCUSED
Steve Moreno, Chair
Weld County Clerk to the Board
EXCUSED
BY:
Deputy
APP
County Attorney
Mike Freeman, Acting Chair Pro-Tem
Date of signature: 05-013-/g
Barbara Kirkmeye1Pro-Tem
Sean P. Co1way
((/
ozad
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
GENARO NUNEZ AND JOSE AND MARIANA RAMIREZ
USR17-0066
1. The Site Specific Development Plan and Use by Special Review Permit, USR17-0066, is
for One (1) Single -Family Dwelling Unit per lot other than those permitted under Section
23-3-20.A and two (2) Home Businesses: one being for the storage of up to two (2)
commercial vehicles and indoor storage of supplies for a carpet laying business, and a
second home business for a tax preparation business to be conducted on -site in the
A (Agricultural) Zone District.
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 off -site employees for the tax service business shall be limited 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, except for the two (2) existing signs as approved by the
Board under Section 23-2-240.A.12.
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, Section 30-20-100.5, C.R.S.) 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, Section 30-20-100.5, C.R.S.
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 facility 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. Uses on the property should
comply with the Colorado Air Quality Commission's Air Quality Regulations.
11. This facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone District, as delineated in Section 14-9-30, of the Weld County Code.
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12. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
13. 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.
Alternately, a new septic system may be installed for business use. Evidence of such
shall be submitted, in writing, to the Weld County Department of Planning Services.
14. 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.
15. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
16. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
17. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
18. 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.
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 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. 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 -1542E, dated January 20, 2016,
(Cache la Poudre 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
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
by not limited to buildings or other structures, mining, dredging, filling, grading, paving,
excavation, drilling operations, or storage of equipment and materials.
23. 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.
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24. Building permits are required, per Section 29-3-10 of the Weld County Code. Currently,
the following have been adopted by Weld County: 2012 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. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
26. 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.
27. 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.
28. 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.
29. 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.
30. 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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