HomeMy WebLinkAbout20133238.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR13-0047, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY
USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (PERSONAL TRAINING FACILITY) 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 IN THE A (AGRICULTURAL) ZONE DISTRICT -
KEVIN AND CHRISTINA CONTRERAS
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 20th day
of November, 2013, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Kevin and Christina Contreras, 33270 CR 37, Eaton, CO 80615, for a
Site Specific Development Plan and Use by Special Review Permit, USR13-0047, for a Use
permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (personal training facility) 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 in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
Lot A of Amended Recorded Exemption,
AMRE-314; being part of the W1/2 SW1/4 of
Section 18, Township 6 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:
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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.G (A.Goal 7) states: "County land use regulations
should protect the individual property owner's right to request a
land use change." The applicant is proposing to use the existing
pole barn as a personal training facility. The majority of the
activities will occur inside this pole barn. The classes are held
during the day, in one (1) hour segments.
2) Section 22-2-20.G.2 (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 majority of the activities
associated with the personal training facility will be located in the
pole barn, therefore minimizing the impacts to surrounding
property owners. The Conditions of Approval state that a Lighting
Plan is required. This Lighting Plan, along with the Conditions of
Approval and Development Standards, will assist in mitigating the
impacts of the facility on the adjacent properties.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Sections 23-3-40.S allows a Site
Specific Development Plan and Use By Special Review Permit for a use
permitted as a Use By Right, Accessory Use, or Use By Special Review
in the Commercial or Industrial Zone Districts (personal training facility),
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 in the A (Agricultural) Zone District.
Section 23-2-230.6.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The adjacent
properties are mainly utilized for pastures, crops, and rural residences.
County Road (CR) 37 borders the site on the west and the adjacent land
to the north and east is cropland. The property to the south is a rural
residential lot. The closest residence is approximately 50 feet south of the
south property line. The next closest residence is approximately 100 feet
west of the west property line in the Faith Estates subdivision. There are
three (3) USRs located within one (1) mile of this parcel. USR-995 is an
oil and gas production facility and is located approximately one (1) mile
southwest of the site. MUSR12-0009 is for an oil and gas support facility
and is approximately three -tenths of a mile southeast of the site, and
USR-1335 is for the storage and sale of seed and is located
approximately one (1) mile to the east in the townsite of Lucerne. The
Weld Count Department of Planning Services has received one letter of
concern from a surrounding property owner. Signage is the primary
concern outlined in this letter. The surrounding property owner has
requested that there be no signage installed on the site associated with
this business. As a Condition of Approval, the applicant is required to
submit a Lighting Plan. This Lighting Plan, in conjunction with the
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Development Standards and the other Conditions of Approval for this
proposal, will assist in mitigating the impacts of the facility on the adjacent
properties and ensure compatibility with surrounding land uses.
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 City of Greeley and the Town of Eaton. The City of Greeley
responded with no concerns and the Town of Eaton did not respond with
referral comments
E. Section 23-2-230.B.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 .47 acres
of Prime (Irrigated) per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. The residence was built in 1979 and the
pole barn was built in 2011. Since the property is less than a half -acre in
size and historically utilized for residential uses, it will not take any Prime
land 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
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 Kevin and Christina Contreras, for a Site Specific
Development Plan and Use by Special Review Permit, USR13-0047, for a Use permitted as a
Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone
Districts (personal training facility) 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 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 submit a Lighting Plan to the Department of Planning
Services, for review and approval. Any lighting poles and lamps shall
comply with Section 23-3-360.F. which states, in part, that, "any lighting
shall be designed, located, and operated in such a manner as to meet the
following standards: sources of light shall be shielded so that beams or
rays of light will not shine directly onto adjacent properties."
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SPECIAL REVIEW PERMIT (USR13-0047) - KEVIN AND CHRISTINA CONTRERAS
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B. In accordance with Chapter 23, Article IV, Division 2, the applicant shall
submit a Signage Plan to the Department of Planning Services, for review
and approval. The quantity, size and location of the signs shall comply
with Appendix 23-C and Appendix 23-D.
C. The applicant shall comply with Appendix 23-B of the Weld County Code
and the Section 208 of the 2010 Americans with Disability Act (ADA) and
provide an adequate number of parking spaces. The applicant shall
provide one (1) parking space per every 300 square feet (2,000 square
feet proposed) for a total of seven (7) parking spaces. One of the seven
(7) parking spaces shall meet the requirements of ADA. Further, the
applicant shall delineate curb stops for the parking spaces to be shown
on the Use by Special Review plat.
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.
E. The applicant shall submit evidence of an Underground Injection Control
(UIC) Class V Injection Well permit from the Environmental Protection
Agency (EPA) for any large -capacity septic system (a septic system with
the capacity to serve 20 or more persons per day). Alternately, the
applicant may provide evidence from the EPA that they are not subject to
the EPA Class V requirements.
F. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR13-0047.
2) The attached Development Standards.
3) The plat shall be prepared per Section 23-2-260.D of the Weld
County Code.
4) The applicant shall delineate the trash collection areas. Section
23-3-350.H of the Weld County Code addresses the issue of trash
collection areas. Areas used for storage or trash collection shall
be screened from adjacent properties and public rights -of -way.
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SPECIAL REVIEW PERMIT (USR13-0047) - KEVIN AND CHRISTINA CONTRERAS
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These areas shall be designed and used in a manner that will
prevent trash from being scattered by wind or animals.
5) The approved Landscaping/Screening Plan.
6) The approved Parking Plan.
7) The approved Lighting Plan.
8) The approved Signage Plan.
9) CR 37 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 verify, and delineate on the plat, the
existing right-of-way and the documents creating the right-of-way.
All setbacks shall be measured from the edge of future right-of-
way. This road is maintained by Weld County.
10) Show the approved access(es) on the plat and label with the
approved access permit number (will be provided).
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
an electronic version (.pdf), or three (3) paper copies, of the plat to the Weld
County Department of Planning Services for preliminary approval. The plat shall
be prepared in accordance with the requirements of Section 23-2-260.D of the
Weld County Code. 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 and additional requirements shall be submitted within one hundred
twenty (120) days from the date of the Board of County Commissioners
Resolution. The Mylar plat shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. 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. 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.
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.
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SPECIAL REVIEW PERMIT (USR13-0047) - KEVIN AND CHRISTINA CONTRERAS
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 20th day of November, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD COU OLORADO
ATTEST:
Weld County Clerk to the Board
BY: (/ r
Deputy Cle
APP
o the Board
ounty Attorney
DEC 0 6 2
Date of signature:
amGarcia, s air
ougl.s Radem
Sean P. Conway
Freeman
?KJ
rbara Kirkmeyer
her, Pro-Tem
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
KEVIN AND CHRISTINA CONTRERAS
USR13-0047
1. A Site Specific Development Plan and Use By Special Review Permit, USR13-0047, is
for a Use permitted as a Use By Right, Accessory Use, or Use By Special Review in the
Commercial or Industrial Zone Districts (personal training facility) provided that the
property is not a lot in an approved or recorded subdivision plat or lots parts of a map or
plan filed prior to adoption of any regulations controlling subdivisions 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 commensurate with the number of persons
which the septic system may accommodate, in accordance with the requirements of the
Weld County Code, pertaining to Individual Sewage Disposal Systems (I.S.D.S.)
Regulations.
4. The hours of operation are 5:30 a.m. — 8:00 p.m., Monday — Saturday.
5. The screening/parking/signage/lighting on the site shall be maintained in accordance
with the approved Screening/Parking/Signage/Lighting Plans.
6. 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.
7. The historical flow patterns and runoff amounts will be maintained on the site.
8. Weld County is not responsible for the maintenance of onsite drainage related features.
9. There shall be no parking or staging of vehicles on County roads. On -site parking shall
be utilized.
10. 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.
11. 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.
12. 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.
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DEVELOPMENT STANDARDS (USR13-0047) - KEVIN AND CHRISTINA CONTRERAS
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13. 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.
14. 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.
15. Adequate drinking, hand washing and toilet facilities shall be provided for employees
and patrons of the facility, at all times.
16. Sewage disposal for the facility shall be by septic system. Any septic system located on
the property must comply with all provisions of the Weld County Code, pertaining to
Individual Sewage Disposal Systems.
17. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes. The facility shall utilize the existing public water supply.
18. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from
the Colorado Department of Public Health and Environment (CDPHE), Water Quality
Control Division, as applicable.
19. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
20. 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.
21. Building Permits maybe 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.
22. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
23. 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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24. 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.
25. 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.
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 plat and recognized at all times.
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