HomeMy WebLinkAbout20121249.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR12-0010, FOR ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICT (DENTAL OFFICE) IN THE A (AGRICULTURAL)
ZONE DISTRICT-ALAN AND CATHY WHITTERN
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 16th day
of May, 2012, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Alan and Cathy Whittern, 13876 Elmore Road, Longmont, Colorado
80504, for a Site Specific Development Plan and Use by Special Review Permit, USR12-0010,
for any Use permitted as a Use By Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone District (dental office) in the A (Agricultural) Zone District, on the
following described real estate, being more particularly described as follows:
Lot A of Recorded Exemption, RE-284; being part
of the NW1/4 of Section 30, Township 3 North,
Range 68 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.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable Code provisions or ordinance in effect.
Section 22-2-20.A (A.Goal 9) states, "Reduce potential conflicts between
varying land uses in the conversion of traditional agricultural lands to
other land uses." Section 22-6-20.A (ECON.Goal 1) states, "Encourage
the expansion of existing businesses and the location of new industries
that will provide employment opportunities in the County"
Section 22-6-20.A.2 (ECON.Policy 1.2) states, "Promote the expansion
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and diversification of the commercial economic base to achieve a
well-balanced commercial sector in order to provide a stable tax base and
a variety of job opportunities for County citizens." The applicants are
proposing to use the property for a dental office inside of their existing
residential structure. The residential and proposed dental office structure
is located in an urbanizing area with multiple residences in the near
vicinity. Seemore Heights Subdivision is directly adjacent to the west,
Nesting Crane PUD is adjacent to the east, and there are several parcels
in the immediate vicinity that are residential in character. The dental
office is located inside of the existing single family dwelling, parking will
be on the front drive, and the residential character of the neighborhood
will remain.
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.S of the Weld County
Code provides for a Site Specific Development Plan and Use by Special
Review Permit 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, more specifically defined as a Dental
Office in the A (Agricultural) Zone District. In the referral from Zoning
Compliance, dated March 28, 2012, it was stated that a complaint was
received from a private citizen and an active Complaint (COMP11-00210)
was initiated due to the operation of a Dentist Office without the
necessary Weld County Zoning Permits. This case has not yet
proceeded to the County Court phase, and since this case has not
progressed to the Violation status, no investigation fee is required. This
application, as approved by the Board of County Commissioners, will
correct the violation once the plat is recorded.
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
surrounded by single family residences in each direction, with Seemore
Heights Subdivision located west of the property and Nesting Crane PUD
located adjacent to the east. To the southwest is USR-1681 for an
Antique business (Greenman), and to the southeast is USR-1257 for
1,800-head of dairy cows owned by the Docheff Dairy. Staff has received
no telephone calls, electronic mail, or letters concerning this proposal.
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 facility is within the three-mile referral area for the City
of Longmont, Towns of Mead and Firestone, and Boulder County. The
City of Longmont and Town of Firestone responded without concerns, the
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Town of Mead and Boulder County did not respond to the referral
request.
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), as determined by the Federal
Emergency Management Agency (FEMA). Effective April 25, 2011,
building permits issued on the proposed lot will be required to adhere to
the fee structure of the County-Wide Road Impact Fee Program.
Effective April 25, 2011, building permits issued on the proposed lot will
be required to adhere to the fee structure of the 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 designated as "Prime" by the U.S. Department
of Agriculture, Soil Conservation Service. The area utilized for the Use by
Special Review Permit contains a single family residence and one
outbuilding and does not take land out of production.
g. Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240 of the
Weld County Code), Operation Standards (Section 23-2-250 of the Weld
County Code), Conditions of Approval, and Development Standards
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 Alan and Cathy Whittern, for a Site Specific
Development Plan and Use by Special Review Permit, USR12-0010, for any Use permitted as a
Use By Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone
District (dental office) 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 plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR12-0010.
2) The plat shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
3) The attached Development Standards.
4) Elmore Road is designated on the Weld County Road
Classification Plan as a local paved road, which requires 60 feet of
right-of-way at full buildout. The applicant shall verify the existing
right-of-way and the documents creating the right-of-way and this
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information shall be noted on the plat. All setbacks shall be
measured from the edge of future right-of-way. If the right-of-way
cannot be verified, it shall be dedicated. This road is maintained
by Weld County.
5) The applicant shall delineate all exterior lights associated with the
facility, as approved by the Department of Planning Services.
6) The applicant shall delineate the location of any sign associated
with this facility, as approved by the Department of Planning
Services.
7) The applicant shall delineate the location of the screened trash
dumpster.
B. The applicant shall submit a Lighting Plan to the Department of Planning
Services, for review and approval. At a minimum, information shall be
provided concerning lamp type and construction/installation of said
device.
C. The applicant shall submit a Sign Plan to the Department of Planning
Services, for review and approval.
D. The applicant shall submit evidence of compliance with the referral from
the Longs Peak Water District, dated February 1, 2012, concerning the
required installation and maintenance of a reduced pressure zone
backflow prevention device so as to prevent contamination of the house
system from the dental office. Written evidence submitted to the
Department of Planning Services on Longs Peak Water District letterhead
is requested demonstrating compliance.
E. All vehicles located on the property must be operational with current
license plates, or be screened from all adjacent properties and public
rights-of-way, or be removed from the property. All other items
considered to be part of a noncommercial junkyard, for instance, all
materials located in the truck bed, including the truck bed, the burn barrel
and assorted materials located adjacent to the south property line must
also be removed from the property or screened from adjacent properties
and public rights-of-way.
2. Upon completion of Condition of Approval #1 above, 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.
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3. 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.
4. In accordance with Weld County Code Ordinance #2005-7, approved June 1,
2005, 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 be added for each additional three (3)
month period.
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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 16th day of May, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ilAs. EXCUSED
Sean P. way, Chair
Weld County Clerk to the Board
��""*► illiam F cia, Pro-Tem
BY: J �I.\ . / a
Deputy Cler to the Board .%CUSED
•ara Kirkmeyer
APP ED AST •
'-vii
E. Long
un ttorney nu /o
Douglas/Rademacher
Date of signature: 0-/
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ALAN AND CATHY WHITTERN
USR12-0010
1. The Site Specific Development Plan and Use by Special Review Permit, USR12-0010, is
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, more specifically defined as a Dental Office, in
the A (Agricultural) Zone District, as indicated in the application materials on file and
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. 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.
4. 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.
5. 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.
6. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
7. 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.
8. This facility shall adhere to the maximum permissible noise levels allowed in the
Non-Specified Zone, as delineated in Section 14-9-30 of the Weld County Code.
9. Adequate drinking, hand washing, and toilet facilities shall be provided for clients and
employees of the facility, at all times.
10. Any additional hydraulic load to an existing septic system (Permit No. SP-0701028) will
require an evaluation from a Colorado registered professional engineer. The engineer's
evaluation shall be submitted to the Weld County Department of Public Health and
Environment. In the event the system is found to be inadequate, the system must be
brought into compliance with current Weld County Individual Sewage Disposal System
(I.S.D.S.) Regulations.
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11. The operation shall comply with all applicable rules and regulations of State and Federal
agencies and the Weld County Code.
12. 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.
13. Ingress and egress to the facility shall be from the existing access on Elmore Road, as
no additional access will be granted.
14. Pursuant to Chapter 15, Articles I and II, of the Weld County Code, if 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. All
vegetation, other than grasses, needs to be maintained at a maximum height of twelve
(12) inches until the area is completely developed.
15. There will be no staging of vehicles on Elmore Road, at any time.
16. A building permit is required for any future building. Any owner or authorized agent who
intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of
a building or structure, or to erect, install, enlarge, alter, repair, remove, convert, or
replace any electrical, gas, mechanical, or plumbing system, the installation of which is
regulated by the Code, or to cause any such work to be done, shall first make
application to the Building Official and obtain the required permit(s).
17. Buildings, structures, and use shall conform to the requirements of the various codes
adopted at the time of permit application. Currently, the following have been adopted by
Weld County: 2006 International Building Code, 2006 International Mechanical Code,
2006 International Plumbing Code, 2006 International Fuel Gas Code, 2006 International
Energy Conservation Code, 2011 National Electrical Code, 2003 ANSI 117.1
Accessibility, and Chapter 29 of the Weld County Code.
18. The structures proposed to have changed uses will require a commercial building permit
for change of use. A code analysis, floor plan, and complete set of plans for any
alteration, and probably a structural analysis by a professional engineer, will be required.
19. A building permit application must be completed and two complete sets of plans,
including engineered foundation 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.
20. All building plans shall be submitted to the Mountain View Fire Protection District, for
review and approval, prior to issuance of building permits.
21. Hours of operation will be from 6:00 a.m., to 10:00 p.m., daily, and the dental office is
able to accommodate unforeseen circumstances, as stated in the application materials.
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22. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
23. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
24. 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.
25. Effective April 25, 2011, building permits issued on the proposed lot will be required to
adhere to the fee structure of the County-Wide Road Impact Fee Program.
26. Effective April 25, 2011, building permits issued on the proposed lot will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee
Programs.
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.
28. Signs shall adhere to Chapter 23, Article IV, Division 2, of the Weld County Code.
These requirements shall apply to all temporary and permanent signs.
29. 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.
30. 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.
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