HomeMy WebLinkAbout20121250.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
• Moved by Mark Lawley,that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR12-0010
APPLICANT: CATHY AND ALAN WHITTERN
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY
USE, OR A USE BY SPECIAL REVIEW PERMIT IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICT(DENTAL OFFICE) IN THE A (AGRICULTURAL)
ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A REC EXEMPT RE-284;PART NW4 SECTION 30,T3N, R68W OF THE 6TH
P.M.,WELD COUNTY, COLORADO.
LOCATION: 500 FEET SOUTH OF STATE HIGHWAY 66; EAST OF AND ADJACENT TO
ELMORE ROAD.
be recommended favorably to the Board of County Commissioners 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 Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect. (Weld County Code Ordinance 2002-6;
Weld County Code Ordinance 2008-13) Section 22-2-20.A A.Goal 9. 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. Encourage the expansion of existing
businesses and the location of new industries that will provide employment opportunities in
the County, and Section 22-6-20. A. 2. ECON.Policy 1.2. Promote the expansion 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 applicant is proposing to use the property for a Dental Office, inside of an existing
residential structure owned by the applicant. 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 and Nesting Crane PUD is
adjacent to the East. 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 23-2-220.A.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 a Special Review Permit for any use permitted as a use by right, an
accessory use, or a 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 lots
parts 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 upon review
of my case files and computer, an active Complaint (COMP11-00210) was noted. This
complaint was initiated due to the operation of a Dentist Office without the necessary Weld
County Zoning Permits. This case has not yet proceeded to our County Court phase. Since
•
this case has not progressed to the Violation status, no investigation fee is required. This
complaint was from a private citizen. EXHIBIT
2012-1250
RS. - a.
RESOLUTION USR12-0010
CATHY AND ALAN WHITTERN
PAGE 2
• This application if approved by the Board of County Commissioners and once a plat is
recorded will correct the violation. If this application is denied, the Dentist Office and all
associated operations or equipment shall be removed from the property within thirty (30)
days. Additionally, if denied by the Board of County Commissioners please request this
violation case be referred to the County Attorney's Office with a delay of legal action for the
30 (thirty) days.
C. Section 23-2-220.A.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 is an Antique business (Greenman) and to the
southeast is the 1800 hundred head of dairy cows owned by the Docheff Dairy and permitted
under USR-1257. Staff has received no telephone calls, electronic mail or letters concerning
this proposal.
D. Section 23-2-220.A.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 Town of Mead and Boulder County did not
respond to the referral request.
E. Section 23-2-220.A.5--The application complies with Section 23-5 of the Weld County Code.
• Effective April 25, 2011, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2011-2)
Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance
2011-2)
F. Section 23-2-220.A.5--The site is not located within a Special Flood Hazard Area(SFHA)as
determined by the Federal Emergency Management Agency (FEMA)
G. Section 23-2-220.A.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 USDA Soil Conservation Service. The area utilized for the Special Use Permit
does not take out land that has been taken out of production with a single family residence
and one outbuilding.
H. Section 23-2-220.A.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 ensure that there are adequate provisions for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
• 1. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
RESOLUTION USR12-0010
CATHY AND ALAN WHITTERN
PAGE 3
• 1) All sheets of the plat shall be labeled USR12-0010. (Department of Planning
Services)
2) The plat shall be prepared per Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
3) The attached Development Standards. (Department of Planning Services)
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 build out.The applicant shall
verify the existing right-of-way and the documents creating the right-of-way and this
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. (Department of Public Works)
5) The applicant shall delineate all exterior lights associated with the facility, as
approved by the Department of Planning Services. (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. (Department of Planning
Services)
7) The applicant shall delineate the location of the screened trash dumpster.
(Department of Planning Services)
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. (Department of Planning Services)
C. The applicant shall submit a Sign Plan to the Department of Planning Services for review and
approval. (Department of Planning Services)
D. The applicant shall submit evidence of compliance with the referral from 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 your
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 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 Department of Planning Services' Staff. 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 sixty (60) days from the date of the Board of
County Commissioners resolution. The applicant shall be responsible for paying the recording fee.
(Department of Planning Services)
•
RESOLUTION USR12-0010
CATHY AND ALAN WHITTERN
PAGE 4
• 3. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Recorded Exemption/Subdivision Exemption/Use by Special Review/. Acceptable CAD formats are
.dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo
Coverages and Arclnfo Export files format type is.e00. The preferred format for Images is.tif(Group
4). (Group 6 is not acceptable). This digital file may be sent to dhuerterCa�co.weld.co.us(Department
of Planning Services)
4. In accordance with Weld County Code Ordinance 2005-7 approved June 1,2005, should the plat not
be recorded within the required sixty(60)days from the date of the Board of County Commissioners
resolution a$50.00 recording continuance charge shall be added for each additional 3 month period.
(Department of Planning Services)
5. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the
property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk
and Recorder. (Department of Planning Services)
Motion seconded by Jason Maxey.
VOTE:
For Passage Against Passage Abstain
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Benjamin Hansford
• Mark Lawley
Nick Berryman
Jason Maxey
Joyce Smock
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on May 1, 2012.
Dated the 1st of May, 2012.
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
• Dr. Cathy and Mr. Alan Whittern
USR12-0010
1. The Site Specific Development Plan and a Special Review Permit for any use permitted as a use by
right, an accessory use, or a 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 lots parts 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. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
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, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment)
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris,and other potential nuisance conditions. (Department of
Public Health and Environment)
• 6. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
(Department of Public Health and Environment)
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. (Department of Public
Health and Environment)
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. (Department of Public Health and
Environment)
9. Adequate drinking, hand washing and toilet facilities shall be provided for clients and employees of
the facility, at all times. (Department of Public Health and Environment)
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 Environmental Health Department. In the event the system is found to
be inadequate, the system must be brought into compliance with current Weld County Individual
Sewage Disposal Regulations. (Department of Public Health and Environment)
11. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
12. The historical flow patterns and run-off amounts will be maintained on 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 run-off rate and velocity increases,diversions,concentration and/or unplanned
• ponding of storm run-off. (Department of Public Works)
13. Ingress and egress to the facility shall be from the existing access on Elmore Road as no additional
access will be granted (Department of Public Works)
RESOLUTION USR12-0010
CATHY AND ALAN WHITTERN
PAGE 6
• 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 12 inches until the area is completely developed. (Department of
Public Works)
15. There will be no staging of vehicles of Elmore Road, at any time. (Department of Public Works)
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. (Building Inspection)
17. Buildings, structures and use shall conform to the requirements of the various codes adopted at the
time of permit application. Currently the following has 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 and the 2011
National Electrical Code, 2003 ANSI 117.1 Accessibility and Chapter 29 of the Weld County Code.
(Building Inspection)
18. The structures proposed to have changes uses will require commercial building permit for change of
use. A code analysis, floor plan and complete set of plans for any alternation and probably a
structural analysis by a professional engineer will be required. (Building Inspection)
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 registered State of Colorado
engineer shall be required. (Building Inspection)
20. All building plans shall be submitted to the Mountain View Fire Protection District for review and
approval prior to issue of building permits. (Mountain View Fire Protection District)
21. Hours of operation will be 6:00 AM to 10:00 PM, daily as stated in the application materials.
(Department of Planning Services)
22. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
23. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, 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. (Department of
Planning Services)
25. Effective April 25,2011, Building Permits issued on the proposed lots will be required to adhere to the
fee structure of the Weld County Road Impact Program. (Ordinance 2011-2)
26. Effective April 25, 2011, Building Permits issued on the proposed lots,will be required to adhere to the
fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2)
• 27. Weld County's Right to Farm statement as delineated on this plat shall be recognized at all times.
(Department of Planning Services)
RESOLUTION USR12-0010
CATHY AND ALAN WHITTERN
PAGE 7
• 28. Signs shall adhere to Article IV, Division 2 of the Weld County Code. These requirements shall apply
to all temporary and permanent signs. (Department of Planning Services)
29. The 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.
•
5- / - -2o/o2
Motion: Continue Cases USR-1752 and USR12-0005 to the May 15, 2012 Planning Commission
• hearing, Moved by Bill Hall, Seconded by Mark Lawley.
Motion passed unanimously.
b' CASE NUMBER: USR12-0010
APPLICANT: CATHY AND ALAN W HITTE RN
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY
USE, OR A USE BY SPECIAL REVIEW PERMIT IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICT(DENTAL OFFICE) IN THE A(AGRICULTURAL)
ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A REC EXEMPT RE-284;PART NW4 SECTION 30,T3N,R68W OF THE 6TH
P.M.,WELD COUNTY, COLORADO.
LOCATION: 500 FEET SOUTH OF STATE HIGHWAY 66; EAST OF AND ADJACENT TO
ELMORE ROAD.
k' Kim Ogle, Planning Services, presented Case USR12-0010, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this application
with the attached conditions of approval and development standards. In addition, Environmental Health and
Public Works presented their reports and stated that they have no concerns with this request.
(Robert Grand entered the meeting at 1:38 pm.)
Cathy Whittern, 13876 Elmore Road, stated that she would like to operate a dental office from her
residence.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
The Chair asked the applicant if she has read through the Development Standards and Conditions of Approval
and if they are in agreement with those. The applicant replied that she is in agreement.
Motion: Forward Case USR12-0010 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,Moved
by Mark Lawley, Seconded by Jason Maxey.
Vote: Motion passed (summary: Yes=8, No=0, Abstain = 1).
Yes: Alexander Zauder, Benjamin Hansford, Bill Hall, Jason Maxey, Joyce Smock, Mark Lawley, Nick
Berryman, Thomas Holton.
Abstain: Robert Grand.
CASE NUMBER: USR12-0015
APPLICANT: DEWEY AND DOROTHY MARCY
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR
AN AGRICULTURAL SERVICE ESTABLISHMENT PRIMARILY ENGAGED IN
PERFORMING AGRICULTURAL,ANIMAL HUSBANDRY OR HORTICULTURAL
SERVICES ON A FEE OR CONTRACT BASIS, INCLUDING FARM EQUIPMENT
SALES,REPAIR AND INSTALLATION FACILITIES AND USES SIMILAR TO THE
USES LISTED AS USES BY SPECIAL REVIEW (MANUFACTURING OF
SPECIALIZED GOOSENECK HITCHES) AS LONG AS THE USE COMPLIES
WITH THE GENERAL INTENT OF THE A(AGRICULTURAL)ZONE DISTRICT
LEGAL DESCRIPTION: LOT B REC EXEMPT RE-1251; PART N2SW4 SECTION 1,T5N, R65W OF THE
6T"P.M.,WELD COUNTY,COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 60.5; 0.75 MILES WEST OF CR 49.
D' Kim Ogle, Planning Services, presented Case USR12-0015, reading the recommendation and
• comments into the record. The Department of Planning Services recommends approval of this application
with the attached conditions of approval and development standards. In addition,Environmental Health and
EXHIBIT 2
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