HomeMy WebLinkAbout20143481.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR14-0055, FOR A HOME BUSINESS (STORAGE OF UP TO THREE (3)
COMMERCIAL VEHICLES ASSOCIATED WITH A CONCRETE AND HAULING
BUSINESS) AND ONE (1) SINGLE-FAMILY DWELLING UNIT PER LOT OTHER THAN
THOSE PERMITTED UNDER SECTION 23-3-20.A (SECOND DWELLING ON THE
PROPERTY) IN THE A (AGRICULTURAL) ZONE DISTRICT - ANTHONY AND NANCY
SANDOVAL
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 12th day
of November, 2014, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Anthony and Nancy Sandoval, P.O. Box 91, Fort Lupton, CO 80621,
for a Site Specific Development Plan and Use by Special Review Permit, USR14-0055, for a
Home Business (storage of up to three (3) commercial vehicles associated with a concrete and
hauling business) and one (1) single-family dwelling unit per lot other than those permitted
under Section 23-3-20.A (second dwelling on the property) in the A (Agricultural) Zone District,
on the following described real estate, being more particularly described as follows:
Lot 3, Block 2 of Country Estates; being part of
Section 23, Township 1 North, Range 66 West of
the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicants were 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.
1) Section 22-2-20.1 (A.Goal 9) states: "Reduce potential conflicts
between varying land uses in the conversion of traditional
agricultural lands to other land uses." A Noise Standard is
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proposed to address the commercial business component. A limit
on the number of commercial vehicles allowed and hours of
operation are proposed to mitigate impacts on surrounding
properties in the subdivision.
2) Section 22-2-20.1.5 (A.Policy 9.5) states: "Applications for a
change of land use in the agricultural areas should be reviewed in
accordance with all potential impacts to surrounding properties
and referral agencies. Encourage applicants to communicate with
those affected by the proposed land use change through the
referral process." A number of Conditions of Approval and
Development Standards are attached to mitigate impacts
associated with the commercial business component including:
limiting hauling hours for the commercial vehicles associated with
the business, limiting the total number of commercial vehicles,
along with noise standards.
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.P of the Weld County Code allows Home
Businesses as a Use by Special Review and Section 23-3-40.M
allows for One (1) Single-Family Dwelling Unit per lot other than
those permitted under Section 23-3-20.A (second single-family
dwelling) in 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 site is located in
an agriculturally zoned subdivision (Country Estates). Single family
residences and outbuildings on parcels of approximately 8-10 acres are
located to the north, south, and west of the property. The parking area for
the commercial vehicles and the second residence is located behind a
gate/wall. Two letters objecting to the application have been received.
Concerns/objections expressed in the letters are:
• Allowing a business will set precedence for commercial
businesses in the subdivision.
• There is no need for a second dwelling on the property. The
person occupying the home is capable of mowing the lawn and is
not in need of medical care or being looked after.
• The applicant is dumping and allowing people to dump concrete
on the property.
The Weld County Department of Planning Services has searched county
records and can find no record of any restrictive covenants for the
Country Estates Subdivision. The property is screened by a wall from the
property to the north. Vehicles and the second dwelling are located
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behind a split rail fence and a solid wood fence and staff did not observe
any concrete being dumped or stored. Because the applicant is applying
for a USR for a second dwelling, there is no limitation on who can live in
the dwelling (if approved). Because this is a USR for a Home Business,
and is located in a subdivision, Planning Services is requiring that a
maximum of three (3) commercial vehicles be located on the site and
(given that they are not located in an accessory structure) that they be
screened from adjacent properties. Further, hours of operation (hauling
hours) are proposed as a Development Standard, along with noise limits
to mitigate impacts and to ensure compatibility with properties in the
subdivision.
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 cities of Fort Lupton and Brighton and the town of Lochbuie. No
referral responses have been received from Fort Lupton, Lochbuie or
Brighton.
E. Section 23-2-230.8.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. 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 approximately
8.72 acres delineated as "Other," per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map.
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 Anthony and Nancy Sandoval, for a Site Specific
Development Plan and Use by Special Review Permit, USR14-0055, for a Home Business
(storage of up to three (3) commercial vehicles associated with a concrete and hauling
business) and one (1) single-family dwelling unit per lot other than those permitted under
Section 23-2-20.A (second dwelling on the property) 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 plat:
A. The applicant shall submit evidence of an approved Well Permit (for up to
two residences) from the Colorado Division of Water Resources.
B. The Environmental Health Services Division was unable to locate a
Septic Permit for the septic system serving the second dwelling. The
septic system shall be reviewed by a Colorado registered professional
engineer if, with the addition of the second dwelling, the total number of
bedrooms exceeds five. 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 (WCDPHE). In the event the system is
found to be inadequately sized or constructed, the system shall be
brought into compliance with current regulations. If the total number of
bedrooms (for both residences) does not exceed five, a minor repair
permit is required for the connection from the second dwelling to the
existing septic system.
C. The applicant shall address the requirements of the Weld County
Department of Building Inspection, as stated in the referral dated
October 6, 2014. Written evidence of such shall be provided to the
Department of Planning Services.
D. The applicant shall submit a revised Dust Abatement Plan, detailing
on-site dust control measures for the area where the trucks are parked.
The plan shall be submitted to the Environmental Health Services
Division of the WCDPHE.
E. The applicant shall submit a Waste Handling Plan to the Environmental
Health Services Division of the WCDPHE. The plan shall include at a
minimum, the following:
1) A list of wastes which are expected to be generated on-site (this
should include expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored
on-site.
3) The waste handler and facility where the waste will be disposed of
(including the facility name, address, and phone number). The
applicant shall indicate whether vehicle or equipment washing or
maintenance will take place on the property.
F. The plat shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR14-0055.
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1) All sheets of the map shall be labeled USR14-0055.
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 Landscape/Screening shall be indicated. The three (3)
commercial vehicles and any other materials associated with the
concrete hauling business shall be screened from adjacent
properties and road right-of-way.
5) Matthews Avenue, within Country Estates Subdivision, is a local
paved road, which requires 60 feet of right-of-way at full buildout.
All setbacks shall be measured from the edge of future
right-of-way. This road is maintained by Weld County.
6) The applicant shall show the approved access(es) on the map and
label with the approved Access Permit number(AP14-00404).
7) The applicant shall show and label the standard tracking control
onto Matthews Avenue.
8) The gate must be set back a minimum of 75-feet from the edge of
the right-of-way for Matthews Avenue to allow trucks to pull
completely off of the roadway and open the gate.
9) The applicant shall show the accepted water quality feature on the
map and label as WATER QUALITY FEATURE, NO-BUILD OR
STORAGE AREA.
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 plat the applicant shall submit a Mylar plat along with all other documentation
required as Conditions of Approval. The Mylar plat shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services.
The plat shall be prepared in accordance with the requirements of
Section 23-2-260.D of the Weld County Code. The Mylar plat 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 added for each
additional three (3) month period.
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4. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or
ArcGIS Personal GeoDataBase (MDB). The preferred format for Images is .tif
(Group 4). (Group 6 is not acceptable). This digital file may be sent to
mapsco.weld.co.us.
5. Prior to Construction:
A. A Right-of-Way Permit is required for any work within the public right-of-way.
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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 12th day of November, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ANTHONY AND NANCY SANDOVAL
USR14-0055
1. The Site Specific Development Plan and Use by Special Review Permit, USR14-0055, is
for a Home Business (storage of up to three (3) commercial vehicles associated with a
concrete and hauling business) and one (1) single-family dwelling unit per lot other than
those permitted under Section 23-3-20.A (a second dwelling on the property) 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 maximum number of commercial vehicles associated with the home business shall
be (3) three.
4. The hours of operation (hours that commercial vehicles operate) are daylight hours,
Monday through Friday, as stated by the applicant(s).
5. The landscaping/screening on the site shall be maintained in accordance with the
approved Landscaping/Screening Plan.
6. 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.
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, Section 30-20-100.5, C.R.S.
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 applicant shall operate in accordance with the approved Waste Handling
Plan, at all times.
9. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The
facility shall be operated in accordance with the approved Dust Abatement Plan, at all
times.
10. This facility shall adhere to the maximum permissible noise levels allowed in the
Non-specified Zone District, as delineated in Section 14-9-30 of the Weld County Code.
11. 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.
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12. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to On-site Water Treatment Systems (OWTS).
13. In the event the existing septic system is utilized for business use, the septic system
shall be reviewed by a Colorado registered professional engineer if the usage surpasses
Septic Permit G-19700463 sizing limitations. 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 (WCDPHE).
In the event the system is found to be inadequately sized or constructed, the system
shall be brought into compliance with current regulations.
14. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes. The facility shall utilize the existing well.
15. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
16. 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.
17. Should noxious weeds exist on the property, or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
18. The historical flow patterns and runoff amounts will be maintained on the site.
19. There shall be no parking or staging of vehicles on Matthews Avenue. On-site parking
shall be utilized.
20. 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 2011 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.
21. 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.
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22. 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.
23. 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.
24. 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 plat and recognized at all times.
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