HomeMy WebLinkAbout20091153.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1693 FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (GIFT SHOP, VENDING MACHINES, AND LOTTERY SALES) IN THE
A (AGRICULTURAL) ZONE DISTRICT - KATHERINE O'KEEFE, C/O MICHAEL
O'KEEFE
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 May, 2009, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Katherine O'Keefe, c/o Michael O'Keefe, 6241 North County Road 13,
Loveland, Colorado 80538, for a Site Specific Development Plan and Use by Special Review
Permit #1693 for a Use Permitted as a Use By Right, Accessory Use, or Use By Special Review
in the Commercial or Industrial Zone Districts (gift shop, vending machines, and lottery sales) in
the A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Lot B of Recorded Exemption #529; being part of
the NE1/4 NE1/4 of Section 21, Township 12 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Michael O'Keefe, 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 22-2-90.A (C.Goal 1) states, "promote the location of commercial
uses within municipalities, County Urban Growth Boundary areas,
Intergovernmental Agreement urban growth areas, growth management
areas as defined in municipal comprehensive plans, the Regional
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Urbanization Areas, Urban Development Nodes or where adequate
services are currently available or reasonably obtainable." Adequate
services are available to serve the site. The site is proposed to be
serviced by an individual septic system (Permit Number SE -0900009),
and was evaluated for adequate size and capacity, by the Department of
Public Health and Environment, on February 18, 2009. The site is
proposed to utilize an existing well (Permit Number 280528), which is
permitted for an individual commercial business and two associated
dwellings. The Conditions of Approval and Development Standards will
ensure that the proposed use will be compatible with the surrounding
area.
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.R of the Weld County
Code provides 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 (gift
shop, vending machines, and lottery sales) in the A (Agricultural) Zone
District. The applicant is asking for a larger sign than is allowed in the
A (Agricultural) Zone District. The applicant is requesting a 24 -square -
foot sign on the property. The A (Agricultural) Zone District allows for one
(1) freestanding sign not to exceed 16 square feet. The Department of
Planning Services supports the request for a 24 -square -foot sign.
c. Section 23-2-230.8.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The surrounding
property is primarily dry land in nature, with a few homes in close
proximity. The Clowns Den/Borderline Cantina (USR-1096) is located
directly to the west of the site. The Wyoming -Colorado state line is
directly north of the property, and there are five (5) parcels within 500 feet
of the property. Two letters have been received in opposition to the
proposal from neighboring property owners expressing concerns
regarding an increase in traffic, noise abatement, and a reduction in sales
to the existing lottery sales office to the north of the property. The
Conditions of Approval and Development Standards will ensure
compatibility with the surrounding area.
d. Section 23-2-230.8.4 -- 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 three miles of any
municipality. The property is located within three miles of Laramie County
in Wyoming. Laramie County, in the referral letter dated March 10, 2009,
indicated no conflicts with the proposal.
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e. Section 23-2-230.B.5 -- The site does not lie within any Overlay Districts.
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 and the Stormwater/Drainage Impact Fee
Programs.
f. 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 Katherine O'Keefe, c/o Michael O'Keefe, for a
Site Specific Development Plan and Use by Special Review Permit #1693 for a Use Permitted
as a Use By Right, Accessory Use, or Use By Special Review in the Commercial or Industrial
Zone Districts (gift shop, vending machines, and lottery sales) 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 detailed Sign Plan to the Weld County
Department of Planning Services for review. The sign shall not exceed
24 square feet in size.
B. The applicant shall either submit a copy of an agreement with the
property's mineral owner/operators stipulating that the oil and gas
activities have been adequately incorporated into the design of the site,
or, show evidence that an adequate attempt has been made to mitigate
the concerns of the mineral owner/operators. Drill envelopes may be
delineated on the plat in accordance with the State requirements as an
attempt to mitigate concerns. The plat shall be amended to include any
possible future drilling sites.
C. The applicant shall address the requirements and concerns of the
Colorado Division of Water Resources, as stated in the referral response
dated March 27, 2009. Evidence of such shall be submitted, in writing, to
the Weld County Department of Planning Services.
D. The applicant shall address the requirements and concerns of the Weld
County Department of Public Works, as stated in the referral response
dated March 11, 2009. Evidence of such shall be submitted, in writing, to
the Weld County Department of Planning Services.
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E. The applicant shall address the requirements and concerns of the Weld
County Department of Public Health and Environment, as stated in the
referrals dated February 25, 2009, and March 20, 2009. Evidence of
such shall be submitted, in writing, to the Weld County Department of
Planning Services.
F. The applicant shall submit a Dust Abatement Plan, for review and
approval, to the Environmental Health Services Division of the Weld
County Department of Public Health and Environment. Evidence of
approval by the Department of Public Health and Environment shall be
submitted to the Department of Planning Services.
G. The applicant shall submit, to the Department of Public Health and
Environment, a written request to vacate the use of the on -site cistern.
Evidence of approval from the Department of Public Health and
Environment shall be submitted to the Department of Planning Services.
The applicant shall submit a Waste Handling Plan, for approval, to the
Environmental Health Services Division of the Weld County Department
of Public Health and Environment. Evidence of approval from the
Department of Public Health and Environment shall be submitted to the
Department of Planning Services. The plan shall include, at a minimum,
the following:
1. A list of wastes which are expected to be generated on the site
(this should include expected volumes and types of waste
generated).
A list of the type and volume of chemicals expected to be stored
on the site.
3. The waste handler and facility where the waste will be disposed of
(including the facility name, address, and phone number).
The applicant shall complete all proposed improvements, including those
regarding landscaping, screening, access improvements and parking lot
requirements, or, enter into an Improvements Agreement According to
Policy Regarding Collateral for Improvements and post adequate
collateral for all required materials. The agreement and form of collateral
shall be reviewed by County staff and accepted by the Board of County
Commissioners prior to recording the plat.
J. The plat shall be amended to delineate the following:
1. All sheets shall be labeled USR-1693.
2. The attached Development Standards.
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3. Any signs in compliance with Chapter 23, Article IV, Division 2, of
the Weld County Code.
4. The existing right-of-way for U.S. Highway 85.
5. Should exterior lighting be a part of this facility, all light standards
shall be delineated on the plat and be in accordance with
Section 23-2-250.D of the Weld County Code.
6. The applicant shall provide a Parking Plan that designates parking
spots for employees, customers, and business/delivery trucks.
The parking locations shall be dimensioned. The Department of
Planning Services has determined from the application materials
that five (5) parking spaces, and one (1) space which complies
with the Americans with Disabilities Act (ADA), will be required on
the site for the business. Two (2) additional parking spaces shall
be delineated on the plat for the residence on the site. Each
parking space shall be equipped with wheel guards, where
needed, to prevent vehicles from extending beyond the
boundaries of the space and from coming into contact with other
vehicles, walls, fences, sidewalks, or plantings.
7. The legend for the existing Landscape and Screening Plan.
8. The dumpster shall be screened from adjacent properties and
rights -of -way.
9. 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. The location and type of
surfacing material shall be delineated on the plat.
K. The applicant shall submit three (3) paper copies of the plat for
preliminary approval to the Weld County Department of Planning
Services.
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 thirty
(30) 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 #2005-7, approved June 1,
2005, should the plat not be recorded within the required thirty (30) days from the
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date of the Board of County Commissioners Resolution, a $50.00 recording
continuance charge shall added for each additional three (3) month period.
4. The Department of Planning Services respectfully requests the surveyor provide
a digital copy of this 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 maps@co.weld.co.us.
5. Prior to operation:
A. The applicant shall provide a written sign -off from the Nunn Fire
Protection District to the Department of Building Inspection.
6. 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 20th day of May, A.D., 2009.
ATTEST:
Weld County Clerk to the
BY:
Deputy ' lerk to the Board
APPROVED AS TO FORM:
( �� S/1/ '"
Mt-£ou Or
Attor y
Date of signature: O/7/6/y.
BOARD OF CO IN Y COMMISSIONERS
WE LORADO
ademac er, Pro-Tem
P. Conway
Barb Kirkmeyer
David E. Long
2009-1153
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
KATHERINE O'KEEFE, C/O MICHAEL O'KEEFE
USR #1693
1. A Site Specific Development Plan and Use by Special Review Permit #1693 is for a Use
Permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (gift shop, vending machines, and lottery sales)
in the Agricultural Zone District, 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
Commercial Zone District, as delineated in Section 14-9-30 of the Weld County Code.
9. Adequate toilet and hand washing facilities shall be provided for patrons and employees,
at all times.
10. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
11. The property shall utilize the existing well (Permit Number 280528).
12. The applicant shall comply with Colorado Retail Food Establishment Rules and
Regulations governing the regulation of food service establishments.
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13. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
14. Only prepackaged food, in a vending machine, is allowed.
15. One 24 -square -foot freestanding sign is allowed on the site.
16. A building permit shall be obtained prior to the construction of any new building, addition,
or remodel of existing buildings. A building permit is required for change of use of any
existing buildings.
17. A plan review is required for each building for which a building permit is required. Plans
shall bear the west stamp of a Colorado registered architect or engineer. Two complete
sets of plans are required with applying for each permit.
18. 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, 2008 National Electrical Code, and
Chapter 29 of the Weld County Code.
19. A letter of approval from the Nunn Fire Protection District shall be provided to the
Department of Building Inspection prior to construction of any structure.
20. If exterior lighting is proposed to be a part of this facility, all light standards shall be
delineated in accordance with Section 23-2-250.D of the Weld County Code.
21. 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.
22. The hours of operation are from 8:00 a.m., to 7:00 p.m., seven days a week.
23. The site shall have no more than four (4) employees.
24. Effective January 1, 2003, building permits issued on the lot will be required to adhere to
the fee structure of the County -Wide Road Impact Fee Program. The payment of the
impact fee shall be delayed until the Certificate of Occupancy is issued.
25. 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 and the
Stormwater/Drainage Impact Fee Programs.
26. The existing landscape and screening on the site shall be maintained.
27. The property owner shall allow any mineral owner the right of ingress or egress for the
purposes of exploration development, completion, recompletion, re-entry, production and
maintenance operations associated with existing or future operations located on these
lands.
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28. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
29. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
30. Weld County Government personnel 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 Development Standards stated herein and all applicable Weld County regulations.
31. 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.
32. 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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