HomeMy WebLinkAbout20130501.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR12-0076, FOR THE EXPANSION OR EXTENSION OF A
NONCONFORMING USE (CONVERSION OF A RESTAURANT INTO A PACKAGE
LIQUOR STORE) IN THE A (AGRICULTURAL) ZONE DISTRICT - RANDOLPH AND
JUDY CASS, CIO STEVEN AND CHRIS SCHULTZ
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 27th day
of February, 2013, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Randolph and Judy Cass, 43251 Highway 392, Briggsdale, Colorado
80611, do Steven and Chris Schultz, 34978 County Road 83, Briggsdale, Colorado 80611, for a
Site Specific Development Plan and Use by Special Review Permit, USR12-0076, for the
Expansion or Extension of a Nonconforming Use (conversion of a restaurant into a package
liquor store) in the A (Agricultural) Zone District, on the following described real estate, being
more particularly described as follows:
Lot A of Recorded Exemption, RECX12-0079,
being part of the S1/2 SE1/4 of Section 20,
Township 8 North, Range 62 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, the applicant was present and represented by A. Bruce
Johnson, 801 8th Street, Suite 220, Greeley, Colorado 80631, 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.
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.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
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SPECIAL REVIEW PERMIT (USR12-0076) - RANDOLPH AND JUDY CASS, C/O STEVEN
AND CHRIS SCHULTZ
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that can support such development, and should attempt to be
compatible with the region." The proposed liquor store will be
replacing an existing commercial business (Crow Valley Caf�) that
previously operated on the site and will be located in an existing
building.
B Section 23-2-230.8.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.O of the Weld County
Code lists the expansion or extension of Nonconforming Uses as a Use
by Special Review in the A (Agricultural) Zone District.
C. Section 23-2-230.3.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The site is located
west of, and adjacent to, a rural residential property; vacant rural parcels
and the Crow Valley Recreational area are located to the north and west.
USR-1506 (Welding and Fabrication shop) is located approximately 600
feet to the southeast of the site. The proposed use will be located in an
existing building formerly used as a restaurant. No new or additional signs
are proposed. Conditions of Approval and Development Standards will
ensure compatibility with the existing 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 not located within a three-mile referral area of
any municipality, nor is it located within any existing Intergovernmental
Agreement (IGA) Area of a municipality. The site is located approximately
1/4 mile to the northwest of the unincorporated Town of Briggsdale.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. The site is not located within a
Special Flood Hazard Area (SFHA). Building permits issued on the
property will be required to adhere to the fee structure of the County -Wide
Road Impact Fee Program, 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 site is located on land designated as
"Other," according to the Important Farmlands Map of Weld and Larimer
Counties.
G. Section 23-2-230.B.7 — Conditions of Approval and Development
Standards will ensure adequate provisions for the protection of the health,
safety and welfare of the inhabitants of the neighborhood and the county.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Randolph and Judy Cass, do Steven and Chris
Schultz, for a Site Specific Development Plan and Use by Special Review Permit, USR12-0076,
for the Expansion or Extension of a Nonconforming Use (conversion of a restaurant into a
package liquor store) in the A (Agricultural) Zone District, on the parcel of land described above
be, and hereby is, granted subject to the following conditions:
Prior to recording the plat:
A. In the event the facility's water system serves more than 25 persons on a
daily basis, the water system shall comply with the Colorado Primary
Drinking Water Regulations (5 CCR 1003-1). Evidence shall be provided
to the Weld County Department of Public Health and Environment that
the system complies with the Regulations.
B. The applicant shall submit a revised Waste Handling Plan to the
Environmental Health Services Division of the Weld County Department
of Public Health and Environment. The plan shall include, at a minimum,
the waste handler and facility where the waste will be disposed of
(including the facility name, address, and phone number).
C. The applicant shall address the requirements of the Weld County
Department of Public Works, as stated in the referral response dated
December 14, 2012. The applicant shall label the water quality pond as
"Water Quality — No Build or Storage Area," correct the note on the plans
for the Water Quality Control Volume to reflect cubic feet, and re -check
and update the dimensions shown on the plans for the proposed water
quality pond.
D. An updated Sign Plan shall be submitted to the Department of Planning
Services for review and approval.
E. The two (2) existing signs encroaching within the right-of-way of State
Highway 14, if replaced or substantially modified, shall be relocated
outside of State Highway 14 right-of-way. Appropriate building permits
shall be obtained for the modification and/or relocation of these signs.
The applicant shall submit a Lighting Plan to the Department of Planning
Services for review and approval.
The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR12-0076.
2. The attached Development Standards.
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3. The plat shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
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 -ray. These areas shall be designed and used in a
manner that will prevent trash from being scattered by wind or
animals.
5. The off-street parking spaces, including the access drive, shall be
surfaced with gravel, asphalt, concrete or the equivalent, and shall
be graded to prevent drainage problems.
6. The approved water quality pond shall be labeled as "Water
Quality — No Build or Storage Area."
7. The approved Lighting Plan.
8. The approved Sign Plan.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
an electronic version or three (3) paper copies of the plat 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 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 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.
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
maps@co.weld.co.us.
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5. Prior to the Release of Building Permits:
Building permits may be required for an existing, nonconforming use. A
Building Permit Application must be completed with a code analysis,
complete floor plan, including accessibility and life safety, and mechanical
ventilation. Plans should include any proposed alterations to the structure
and shall be prepared by an architect or engineer.
Buildings and structures shall conform to the requirements of the various
codes adopted at the time of Building Permit Application. Currently, the
following have been adopted by Weld County: 2012 International Building
Code, 2012 International Mechanical Code, 2012 International Plumbing
Code, 2012 International Energy Code, 2006 International Fuel Gas
Code, 2011 National Electrical Code, 2003 ANSI 117.1 Accessibility Code
and Chapter 29 of the Weld County Code.
A plan review shall be approved, and a permit must be issued, prior to the
start of construction.
6. Prior to the issuance of the Certificate of Occupancy for the residence:
A. Septic Permit, SP -1200242 (existing residence), must receive final
approval through the Weld County Department of Public Health and
Environment.
B. The existing septic systems must be abandoned in accordance with
Section 30-7-70 of the Weld County Code, pertaining to Individual
Sewage Disposal Systems (I.S.D.S.).
7. 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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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 27th day of February, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD QOUJNTY, COLORADO
ATTEST:
Weld County Clerk to the Board
APPROVED AS T
ttorney
Date of signatureM.AR 1 9 2013
Q421 -o Cam'
cher, Pro -Tern
Sean P. Conway
Mike Freeman
c FCLl -/
'Barbara Kirkmeyer;
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
RANDOLPH AND JUDY CASS, CIO STEVEN AND CHRIS SCHULTZ
USR12-0076
The Site Specific Development Plan and Use by Special Review Permit, USR12-0076, is
for the Expansion or Extension of a Nonconforming Use (conversion of a restaurant into
a package liquor store) in the A (Agricultural) Zone District.
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 (not including the property owners) shall be limited to
four (4).
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.
5. 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.
6. 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.
7. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
8. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
9. 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.
10. Adequate drinking, hand washing and toilet facilities shall be provided for employees
and patrons of the facility, at all times.
11. 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 (I.S.D.S.).
12. In the event the facility's water system serves more than 25 persons on a daily basis, the
water system shall comply with the Colorado Primary Drinking Water Regulations
(5 CCR 1003-1).
13. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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14. Building permits issued on the property will be required to adhere to the fee structure of
the County -Wide Road Impact Fee Program.
15. Building permits issued on the property will be required to adhere to the fee structure of
the County Facility Fee and Drainage Impact Fee Programs.
16. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
17. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
18. 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.
19. 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 Section 15-1-180 of the Weld County Code.
20. Off-street parking spaces, including the access drive, shall be surfaced with gravel and
graded to prevent drainage problems.
21. Parking lots shall conform to all standards of the Americans with Disabilities Act (ADA).
22. Weld County is not responsible for the maintenance of drainage related features.
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.
24. The historical flow patterns and runoff amounts will be maintained on the site in such a
manner that it will reasonably preserve the natural character of the area and prevent
property damage of the type generally attributed to runoff rate and velocity increases,
diversions, concentration and/or unplanned ponding of storm runoff.
25. 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.
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26. 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.
27. 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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