HomeMy WebLinkAbout20110988.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1773 FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY
USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (FLOORING BUSINESS), PROVIDED THAT THE PROPERTY IS NOT A
LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PART OF A
MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS
CONTROLLING SUBDIVISION IN THE A (AGRICULTURAL) ZONE DISTRICT — KEN
WOLF
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 April, 2011, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Ken Wolf, 16882 County Road 2, Longmont, Colorado 80504, for a
Site Specific Development Plan and Use by Special Review Permit#1773 for any Use
Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (flooring business), provided that the property is not a lot in an
approved or recorded subdivision plat or lots part of a map or plan filed prior to adoption of any
regulations controlling subdivision in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
Lot A of Recorded Exemption #4953; being part of
the SW1/4 of Section 7, Township 3 North,
Range 68 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present and represented by, Ken Wolf,
16882 County Road 2, Longmont, Colorado 80504, 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 23-2-230.8 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.
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SPECIAL REVIEW PERMIT#1773 - KEN WOLF
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Section 22-2-20.G.2 (A. Policy 7.2) states, "Conversion of agricultural
land to non-urban residential, commercial and industrial uses will be
accommodated when the subject site is in an area that can support such
development, and shall attempt to be compatible with the region." The
Development Standards and Conditions of Approval will ensure that the
proposed use will be compatible with the area. The surrounding property
is primarily agricultural, with residential development to the south and
west in Boulder County. Section 23-2-240.A.10 of the Weld County Code
states, "Buffering or screening of the proposed use from adjacent
properties may be required in order to make the determination that the
proposed use is compatible with the surrounding uses." The applicant
indicates that all components of the flooring business are located within a
building, including warehousing, and office space. As a Condition of
Approval, the applicant will be required to screen the outdoor storage and
parking areas, associated with the business, from the surrounding
property owners and public rights-of-way.
b. Section 23-2-230.6.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.R. of the Weld County
Code allows for 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,
(Wolf Flooring) in the A (Agricultural) Zone District.
c. Section 23-2-230.B.3 -- The permitted uses will be compatible with the
existing surrounding land uses. The surrounding properties, to the south
and west, are zoned single-family residential, with Boulder County to the
west and Summit Peak Estates located approximately 600 feet south of
the subject property. The properties to the north and east, of the site, are
in agricultural production. One letter of concern was received from a
surrounding property owner who lives northwest of the proposed site; he
was concerned about the possibility for a commercial strip development
and decrease in property values. Given the minimal impact of the
proposed business, it is the Board's opinion, that the use will be
compatible with the surrounding land uses.
d. Section 23-2-230.B.4 -- The permitted uses 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
property is not located within an Intergovernmental Agreement Area, but
does lie within the three (3) mile referral area of the Town of Mead and
Boulder County. The City of Longmont, Town of Mead, and Boulder
County did not respond to the referral request. The surrounding area is
agricultural in nature, with single-family residences located nearby. The
Conditions of Approval and Development Standards will ensure that the
use will be compatible with existing surrounding land uses.
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e. Section 23-2-230.6.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. Effective January 1, 2003, building
permits issued on the proposed lots will be required to adhere to the fee
structure of the County-Wide Road Impact Fee Program. Effective
August 1, 2005, building permits issued on the subject site will be
required to adhere to the fee structure of the Capital Expansion Impact
Fee Program.
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 U.S.D.A. Soils Map of the Prime Farmlands of Weld
County, dated 1979, designates the soils on this property as "Irrigated
Land Not Prime." This size of the parcel is three (3) acres, and the
property is currently developed; therefore, no agricultural land will be
taken out of production.
g. Section 23-2-230.6.7 -- There are adequate provisions for the protection
of the health, safety, and welfare of the inhabitants of the neighborhood
and County. The Design Standards (Section 23-2-240), and 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 Ken Wolf, for a Site Specific Development Plan
and Use by Special Review Permit #1773 for any Use Permitted as a Use by Right, Accessory
Use, or Use by Special Review in the Commercial or Industrial Zone Districts (flooring
business), provided that the property is not a lot in an approved or recorded subdivision plat or
lots part of a map or plan filed prior to adoption of any regulations controlling subdivision in the
A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted
subject to the following conditions:
1. The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled USR-1773.
B. The attached Development Standards.
C. The plat shall be prepared in accordance with Section 23-2-260.D of the
Weld County Code.
D. 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. These areas
shall be designed and used in a manner that will prevent trash from being
scattered by wind or animals.
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E. County Road 1 is designated on the Weld County Road Classification
Plan as a collector road, which requires eighty (80) feet of right-of-way at
full buildout. There is presently sixty (60) feet of right-of-way. An
additional ten (10) feet shall be delineated on the plat as future County
Road 1 right-of-way. All setbacks shall be measured from the edge of
future right-of-way. 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. If the right-of-way cannot be verified, it shall be
dedicated. This road is maintained by Weld County.
F. The plat shall delineate the approved Screening Plan.
G. The applicant shall delineate and label the "Water Quality Area" as a
"Water Quality— No Build or Storage Area".
H. The applicant shall delineate all exterior lights, associated with the
business, as approved by the Department of Planning Services.
I. The applicant shall delineate the location of any sign associated with the
facility, as approved by the Department of Planning Services.
2. The applicant shall address the requirements/concerns of the Weld County
Department of Building Inspection, as stated in the referral response dated
February 25, 2011. Evidence of such shall be submitted, in writing, to the Weld
County Department of Planning Services.
3. The applicant shall address the requirements/concerns of Weld County
Department of Public Health and Environment, as stated in the referral response
dated February 28, 2011. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
4. The applicant shall attempt to address the requirements/concerns of the
Mountain View Fire Protection District, as stated in the referral response dated
February 10, 2011. Evidence of such shall be submitted, in writing, to the Weld
County Department of Planning Services.
5. 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 the lamp type and construction/installation of said device.
6. The applicant shall submit a Sign Plan to the Department of Planning Services,
for review and approval.
7. The applicant shall enter into a Private Improvements Agreement According to
Policy Regarding Collateral for Improvements, and post adequate collateral for all
transportation (i.e., access drive, parking areas, etcetera), and non-transportation
(i.e., fencing, screening, drainage, etcetera). The agreement and form of
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collateral shall be reviewed by County Staff and accepted by the Board of County
Commissioners, prior to recording the Use by Special Review plat. The applicant
may submit evidence that all the work has been completed and reviewed by the
Weld County Departments of Planning Services and Public Works.
8. Upon completion of Conditions of Approval #1 through #7 listed above, the
applicant shall submit three (3) paper copies of the plat for preliminary approval
to the Weld County Department of Planning Services. Upon approval of the
paper copies, 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 sixty (60) days from the
date of the Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee.
9. 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 may be added for each additional three (3) month
period.
10. 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.
11. 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#1773 — KEN WOLF
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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 April, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
� WELD COUNTY, COL DO
ATTEST: �, '. � JY'• �� / U ' �� �J
1661 (!�� arbara Kirkmeyer, hair
Weld County Clerk to 14 :•. , 1 ,
- . _� Sean P Corm, Pro-Tem
6)1
BY: cYC / ro°' / ���
Depu y Clerk to the Boar. r v�/�,----
/) Will F. Garcia
AP 2 FORM: � 4'ti
d David E. Long
o my Attorney , /�
/ / Douglas R emacher
Date of signature: 67(0/[ /
2011-0988
PL2114
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
KEN WOLF
USR#1773
1. A Site Specific Development Plan and Use by Special Review Permit#1773 is for a Use
Permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts, (Wolf Flooring) in the A (Agricultural) Zone
District.
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 limited to sixteen (16).
4. The hours of operation shall be limited from dawn, until dusk, Monday through Friday.
5. 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.
6. 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.
7. 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.
8. 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
Commercial Zone District, as delineated in Section 14-9-30 of the Weld County Code.
11. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the
Colorado Department of Public Health and Environment, Water Quality Control Division.
12. All potentially hazardous chemicals must be handled in a safe manner, in accordance
with product labeling and in a manner that minimizes the release of hazardous air
pollutants and volatile organic compounds. All chemicals must be stored secure, on an
impervious surface, and in accordance with the manufacturer's recommendations.
13. Adequate drinking, hand washing, and toilet facilities shall be provided for employees
and patrons of the facility, at all times.
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14. 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) Regulations.
15. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes. The facility shall utilize the existing public water supply (Longs Peak Water
District).
16. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
17. Weld County is not responsible for the maintenance of drainage related features.
18. A plan review is required for each building for which a building permit is required.
Two (2) complete sets of plans are required when applying for each permit. The
applicant shall include a Code Analysis Data Sheet, provided by the Weld County
Department of Building Inspection, with each building permit; and submittal plans shall
include a floor plan showing the specific uses of each area for the building. The
Occupancy Classification will be determined by Chapter 3 of the 2006 International
Building Code. The plans shall also include the design for fire separation and
occupancy separation walls, when required by Chapters 5 and 7 of the 2006
International Building Code. Fire Protection shall conform to Chapter 9 and exiting
requirements by Chapter 10.
19. Buildings and structures 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, 2008 National Electrical Code, 2003 ANSI 117.1
Accessibility Code, and Chapter 29 of the Weld County Code.
20. All building plans shall be submitted to the Mountain View Fire Protection District, for
review and approval, prior to the issuance of building permits.
21. Effective January 1, 2003, building permits issued on the proposed lots will be required
to adhere to the fee structure of the County-Wide Road Impact Fee Program.
22. Effective August 1, 2005, building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee Program.
23. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
24. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
25. 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
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DEVELOPMENT STANDARDS - KEN WOLF (USR#1773)
PAGE 3
light source create a traffic hazard to operators of motor vehicles on public or private
streets. No colored lights will be permitted which may be confused with, or construed
as, traffic control devices.
26. The screening on the site shall be maintained in accordance with the approved
Screening Plan.
27. 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.
28. 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.
29. The historical flow patterns and runoff amounts will be maintained, on the site, in such a
manner that 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.
30. 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.
31. The property owner or operator shall be responsible for complying with all of the
foregoing Development Standards. Non-compliance with any of the foregoing
Development Standards may be reason for revocation of the Permit by the Board of
County Commissioners.
32. 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.
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