HomeMy WebLinkAbout20172111RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND MAJOR AMENDMENT,
1MJUSR17-05-1470, USE BY SPECIAL REVIEW PERMIT #1470 (STORAGE OF
VEHICLES AND EQUIPMENT ALONG WITH EMPLOYEE PARKING ASSOCIATED
WITH A LANDSCAPING BUSINESS) TO EXTEND PARKING AND STORAGE OF
WORK VEHICLES, MOWERS, WEEDERS, ET CETERA ASSOCIATED WITH THE
LANDSCAPING BUSINESS ONTO AN ADJACENT PROPERTY AND TO ALLOW
ONE (1) SINGLE FAMILY DWELLING UNIT (SECOND DWELLING UNIT) PER LOT
OTHER THAN THOSE PERMITTED UNDER SECTION 23-3-20.A IN THE
A (AGRICULTURAL) ZONE DISTRICT - JOSE AND NATALIA MARTINEZ
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 19th day of
July, 2017, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Jose and Natalia Martinez, 1500 Single Tree Drive, Mead, CO 80542, for a Site
Specific Development Plan and Major Amendment, 1 MJUSR17-05-1470, Use by Special Review
Permit #1470 (storage of vehicles and equipment along with employee parking associated with a
landscaping business) to extend parking and storage of work vehicles, mowers, weeders, et
cetera associated with the Landscaping business onto an adjacent property and to allow one (1)
Single Family Dwelling Unit (second dwelling unit) per lot other than those permitted under
Section 23-3-20.A in the A (Agricultural) Zone District, on the following described real estate,
being more particularly described as follows:
Part of the SW1/4 of Section 19, Township 3 North,
Range 68 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.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
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1) Section 22-2-20.F.3 (A. Policy 6.3) states: "Encourage
multi -generational, caretaker, guest and accessory quarters."
2) Section 22-2-20.G.2 (A.Policy 7.2) states: "Conversion of
agricultural land to non urban 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 applicants are proposing to
expand their business (approved under USR-1470) onto an
adjacent site. Conditions of Approval and Development Standards
will address screening, number of employees, number of
commercial vehicles associated with the business, and other
impacts from the business regarding compatibility with the adjacent
residential properties.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
A (Agricultural) Zone District. Section 23-3-220.M of the Weld County Code
allows for a Site Specific Development 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 23-3-20.S of the Weld
County Code allows for any Use permitted as a Use by Right, Accessory
Use, or Use by Special Review in the Commercial or Industrial Zone
Districts, provided that the property is not a Lot in an approved or recorded
subdivision plat or part of a map or plan filed prior to adoption of any
regulations controlling subdivisions.
C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. Single family residences are
located to the north, east and west of the site. A Home Business (USR-
1738) is located to the west of the site. A letter from a surrounding property
owner has been received expressing concerns with the traffic from the
business impacting the condition of the shared access. Also, a phone call
has been received from a surrounding property owner expressing concerns
with plastic and trash blowing off the property (associated with a lean-to),
along with concerns about increased traffic from the business. Conditions
of Approval and Development Standards will address screening, number
of employees (a total of four (4) employees can access the site), number
of commercial vehicles associated with the business, hours of operation,
and other impacts from the business regarding compatibility with the
adjacent residential properties.
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 USR site is located within the three (3) mile referral areas of the Towns
of Longmont, Mead, and Firestone, and Boulder County. The site is also
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located within the boundaries of the Longmont, Mead and Firestone
Cooperative Planning Agreement (IGA) boundaries. The Town of
Longmont indicated no conflicts in the referral response dated February 27,
2017. No referral responses have been received from the Towns of Mead,
Firestone or Boulder County.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23, Articles
V and XI, of the Weld County Code. The site is not in a floodplain nor any
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.B.6 -- The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The site is on land delineated as "Prime" according to the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. The site
is covered by five (buildings) and existing access improvements.
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 Jose and Natalia Martinez, for a Site Specific
Development Plan and Major Amendment, 1MJUSR17-05-1470, Use by Special Review
Permit #1470 (storage of vehicles and equipment along with employee parking associated with a
landscaping business) to extend parking and storage of work vehicles, mowers, weeders, et
cetera associated with the Landscaping business onto an adjacent property and to allow one (1)
Single Family Dwelling Unit (second dwelling unit) per lot other than those permitted under
Section 23-3-20.A 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. There is no record that building permits have been submitted for the
building that has been converted into a second residence. A Change of
Use Building Permit shall be submitted for the second residence. Along
with the Change of Use Building Permit, complete "as built" forms will need
to be filled out by an engineer and the appropriate trades and submitted to
the Department of Building Inspection.
B. Existing buildings to be utilized in conjunction with the business shall be
permitted for Commercial use. A Change of Use Building Permit shall be
submitted for the 2,400 -square -foot equipment building and the 1,800 -
square -foot arch -rib Quonset building. A structural engineer shall provide a
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structural assessment of each building based on the design criteria
adopted by Weld County.
C. The applicant shall submit to the Weld County Department of Planning
Services evidence that any existing septic system meets all requirements
of the Weld County Department of Public Health and Environment. The
Weld County Department of Public Health and Environment was unable to
locate a septic permit for the septic system for the second residence
located at 14486 County Road 1. Any existing septic system, which is
currently not permitted through the Weld County Department of Public
Health and Environment, will require an I.S.D.S. evaluation prior to the
issuance of the required septic permits. In the event the system is found to
be inadequate, the system must be brought into compliance with current
I.S.D.S. regulations.
D. The plat shall be amended to delineate the following:
1) All sheets of the map shall be labeled.
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) County Road 1 is a paved road and is designated on the Weld
County Road Classification Plan as a collector road which requires
80 feet of right-of-way at full buildout. The applicant shall delineate
on the site plan the future and existing right-of-way. All setbacks
shall be measured from the edge of future right-of-way. This road is
maintained by Weld County.
5) Show and label the approved access, and the appropriate turning
radii.
6) Show and label all recorded easements on the map by book and
page number or reception number and date.
7) The applicant shall show the drainage flow arrows.
8) The map shall delineate the landscaping and/or screening. The site
shall be screened by an opaque fence or by a combination of an
opaque fence and landscaping.
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
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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 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 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 19th day of July, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COU TY, COLO ' DO
ATTEST: ddt,/tvt);
Weld County Clerk to the Board
BY:
APP
Date of signature: ' i 3 / 11
o`unty ttorney
Ju ie . Cozad, Chair
Sean P. Conway
ke Freeman
CUSED
arbara Kirkmeyer
Steve Moreno, Pro -Tern
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SITE SPECIFIC DEVELOPMENT PLAN
AMENDED USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JOSE AND NATALIA MARTINEZ
1 MJUSRI7-05-1470
1. The Site Specific Development Plan and Major Amendment, 1 MJUSR17-05-1470, to Use
by Special Review Permit No. USR-1470 (storage of vehicles and equipment, along with
employee parking associated with a landscaping business) is to extend parking and
storage of work vehicles, mowers, weeders, et cetera associated with the landscaping
business onto an adjacent property and to allow one (1) single-family dwelling unit (second
dwelling unit) per lot other than those permitted under Section 23-3-20.A, 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 operation shall be limited to no more than ten (10) total vehicles associated with the
landscape business not including the employee vehicles.
4. Hours of operation shall be from 7:00 a.m. to 6:00 p.m., Monday through Friday, and
8:00 a.m. to 3:00 p.m. on Saturdays.
5. All storage and parking shall be confined within the opaque privacy fence. Outdoor storage
shall not extend above the top of the privacy fence.
6. A maximum of ten (10) employee vehicles shall be allowed at the site at any one time.
7. The business will be limited to a total of ten (10) employees.
8. The shed/garage on the northern lot (14484 County Road 1) will be used for storage of
equipment only.
9. The landscape/screening on the site shall be maintained.
10. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges
in accordance with the Rules and Regulations of the Water Quality Control Commission,
and the Environmental Protection Agency.
11. All potentially hazardous chemicals must be handled in a safe manner in accordance with
product labeling. All chemicals must be stored secure, on an impervious surface, and in
accordance with manufacturer's recommendations.
12. 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.
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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, Section 30-20-100.5, C.R.S.
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. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District, as delineated in Section 14-9-30 of the Weld County Code.
17. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
18. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. For employees that are on site for less than two (2)
consecutive hoursand two (2) or less full time employees on -site, 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.
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 (OWTS).
20. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
21. 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.
22. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
23. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
24. The historical flow patterns and runoff amounts on the site will be maintained.
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: 2012 International Codes,
2006 International Energy Code, and 2014 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.
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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 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.
30. 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.
31. 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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