HomeMy WebLinkAbout20072678.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1618 FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (DANCE AND GYMNASTICS STUDIO) IN THE A (AGRICULTURAL)
ZONE DISTRICT- JUSTIN AND JENNIFER FRANK
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 19th day of
September, 2007, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Justin and Jennifer Frank, 1845 Laurus Lane, Johnstown, Colorado
80534, for a Site Specific Development Plan and Use by Special Review Permit#1618 for a Use
Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (dance and gymnastics studio)in the A(Agricultural)Zone District on the
following described real estate, being more particularly described as follows:
Part of the E1/2 SE1/4 of Section 6, Township 4
North, Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicants were present at said hearing, 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 22-2-60.B states, "Conversion of agricultural land to urban scale
residential, commercial, and industrial uses will be considered when the
subject site is located inside an approved Intergovernmental Agreement
area, Urban Growth Boundary area, Mixed Use Development area,or urban
development node, or where adequate services are currently available or
reasonably obtainable." The property and the existing facility are located
within the Town of Johnstown's Urban Growth Boundary and are a part of
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SPECIAL REVIEW PERMIT #1618 - JUSTIN AND JENNIFER FRANK
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a small enclave surrounded by the urbanized areas of the Town of
Johnstown.
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 any use permitted as a Use by Right, Accessory Use, or a Use
by Special Review in the Commercial or Industrial Zone Districts as a Use
by Special Review in the A (Agricultural) Zone District. Currently, this
property is in violation (VI-0700048) due to the operation of the dance and
gymnastics studio without the necessary Use by Special Review Permit.
This case has not yet been presented to the Board of County
Commissioners through the Violation process. The approval of this
application will correct the violation.
c. Section 23-2-230.B.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The subject property is adjacent to
residential land uses to the north and west, commercial uses to the south,
and residential and agricultural uses to the east. The Town of Johnstown,
in its referral dated May 18, 2007, stated the property is located in an area
designated for commercial uses. There have been no letters of objection
to the proposed use. Additionally, the proposed use seeks to make use of
existing structures on the property so there will be little noticeable change
to the conditions currently existing on the site.
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 Town
of Johnstown, in its referral dated May 18, 2007, stated that the property is
located in an area designated for commercial uses and finds that the
proposal is an"acceptable use." The Town of Berthoud, in its referral dated
June 8, 2007, indicated it does not have a conflict with the proposal, nor did
the Town of Milliken, in its referral response dated May 16, 2007. Larimer
County, in its referral dated May 17, 2007, also indicated that it does not
have a conflict with the proposed use.
e. Section 23-2-230.B.5--The application complies with Chapter 23,Article V,
of the Weld County Code. The property is not located within an overlay
district. 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.
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SPECIAL REVIEW PERMIT #1618 - JUSTIN AND JENNIFER FRANK
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f. Section 23-2-230.6.6 --The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. Section 22-2-60.1 states, "the minimum lot size of parcels in the
A (Agricultural) Zone District should remain at eighty (80) acres to
encourage parcels large enough to retain viable farming operations." At
1.67 acres in size, the site is not viable as a farming operation due in part
to its small size, the existing buildings on the site, and the fact that it is
surrounded by an urbanized area.
g. Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240),
Operation Standards (Section 23-2-250), 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 Justin and Jennifer Frank for a Site Specific Development
Plan and Use by Special Review Permit#1618 for a Use Permitted as a Use by Right, Accessory
Use, or Use by Special Review in the Commercial or Industrial Zone Districts (dance and
gymnastics studio) 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. The plat shall be labeled USR-1618.
2. The attached Development Standards.
3. The approved Landscape and Screening Plan.
4. The Lighting Plan.
5. The approved Sign Plan.
6. The scale of the USR plat map shall be changed to one (1) inch
equals twenty(20) feet(1"=20').
7. Section 23-3-250.A.6 of the Weld County Code calls for areas used
for trash collection to 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. The applicant shall identify the location and adequate
screening of trash collection areas on the plat.
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8. Spaces reserved for the parking of vehicles and all loading zones
shall be delineated on the plat. This facility shall adhere to the
number of on-site parking spaces as indicated in Appendix 23-B of
the Weld County Code. The total number of on-site parking for the
this facility shall be forty-two (42) spaces, of which two (2) shall be
a van-accessible handicapped parking stall, meeting all of the
requirements as set forth in the Americans with Disabilities Act. In
accordance with Sections 23-3-350.B,23-3-350.C,23-3-350.D, and
23-4-30.C, of the Weld County Code, all parking and loading areas
and street access drives shall be surfaced with gravel, recycled
asphalt, asphalt, concrete, or the equivalent, and graded to prevent
drainage problems. Each parking space shall be equipped with
wheel guards or curb stops, when necessary, to prevent vehicles
from extending beyond the boundaries of the space and from
coming into contact with other vehicles, walls, fences, or plantings.
The location of all curb stops in the parking areas shall be delineated
on the plat, per Section 23-4-30.D of the Weld County Code.
9. The applicants shall address, and adhere to, the American with
Disabilities Act(ADA)and ADA standards for this facility at all times.
Non-ambulatory/ambulatory parking spaces shall be identified and
shown on the plat. This site will be required to meet all requirements
of the ADA. An accessible path shall be required from the building
to the public right-of-way. The parking spaces must be the closest
possible to the entrance. Signing will be required. Curb cuts,
ramps,and other methods of providing accessibility shall be required
to reasonably attempt to meet the requirements of this Act. Should
the applicant elect to not adhere to the previously discussed Federal
Standards, the applicant shall outline how the proposed site design
mitigates the requirements of the ADA.
B. The applicants shall submit a Landscape and Screening Plan, to the
Department of Planning Services, for review and approval. The applicants
shall place "plant material" to mitigate the impacts of the facility from
adjacent properties. The plant material screen shall be placed between the
road right-of-way and the proposed improvements. The buffer strip shall be
a minimum of ten (10) feet in width and run the length of the property line.
Further, the applicant shall adhere to all landscape requirements of
Section 23-3-250.A.5 of the Weld County Code. Upon approval, the
Landscape and Screening Plan shall be placed on the plat.
C. The applicants have not delineated any on-site sign(s). Signs shall adhere
to Chapter 24, Article IV, Division 2, of the Weld County Code as it relates
to signs in the A (Agricultural) Zone District. Further, the location of the
sign, if applicable, shall be delineated on the plat.
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SPECIAL REVIEW PERMIT#1618 - JUSTIN AND JENNIFER FRANK
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D. The applicants have not indicated that there will be any lighting on the site.
If lighting is intended, a Lighting Plan, including cut sheets of the intended
lights, shall be provided to the Department of Planning Services, for review
and approval. The Lighting Plan shall adhere to the lighting requirements
for off-street parking spaces, per Section 23-4-30.E of the Weld County
Code,and shall adhere to the lighting standards, in accordance with Section
23-3-250.B.6 Weld County Code. Further, the approved Lighting Plan shall
be delineated on the plat.
E. The applicants shall provide the Weld County Departments of Public Works
and Planning Services with a detailed site circulation and parking plan for
review and approval. Written evidence of approval from the Department of
Public Works shall be submitted to the Department of Planning Services.
F. The Environmental Health Services Division of the Weld County Department
of Public Health was unable to locate a septic permit for the proposed dance
studio. The septic system shall be reviewed by a Colorado registered
professional engineer. The review shall consist of observation of the system
and a technical review describing the system's ability to handle the proposed
hydraulic load. The review shall be submitted to the Environmental Health
Services Division of the Weld County Department of Public Health and
Environment. In the event the system is found to be inadequately sized or
constructed, the system shall be brought into compliance with current
regulations. Evidence that this requirement has been met shall be provided
to the Department of Planning Services.
G. In the event the septic system requires a design capacity of over 2,000
gallons of sewage per day, the applicants shall provide evidence that all
requirements of the Water Quality Control Division(WQCD)of the Colorado
Department of Public Health and Environment(specifically Policies WQSA-6
and WQSA-8) have been satisfied. Evidence of compliance shall be
provided to the Weld County Department of Public Health and Environment.
Alternately, the applicants may provide evidence from the WQCD that they
are not subject to these requirements. Evidence that this requirement has
been met shall be provided to the Department of Planning Services.
H. The applicants shall submit evidence of an Underground Injection Control
(UIC) Class V Injection Well permit from the Environmental Protection
Agency(EPA)for any large-capacity septic system(a septic system with the
capacity to serve 20 or more persons per day). Alternately, the applicants
may provide evidence from the EPA that they are not subject to the Class
V requirements. Evidence that this requirement has been met shall be
provided to the Department of Planning Services.
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The applicants shall address the requirements of the Department of Building
Inspection, as outlined in the referral dated May 24, 2007. Evidence that all
conditions have been addressed shall be submitted to the Department of
Planning Services.
J. The applicants shall submit a Private Improvements Agreement According
to Policy Regarding Collateral for Improvements and post adequate
collateral for all landscaping, transportation (access drive, parking areas,
etcetera),and non-transportation(plant materials,fencing,screening,water,
signage etcetera) items. The applicant shall provide the Department of
Planning Services with an itemized landscaping bid for review. 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.
Alternatively, the applicant may submit evidence that all the work has been
completed and approved by the Departments of Planning Services and
Public Works.
K. The applicants shall submit two (2) 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 applicants 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 applicants
shall be responsible for paying the recording fee.
3. 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.
4. 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#1618 - JUSTIN AND JENNIFER FRANK
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The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 19th day of September, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
W LQ COUNTY, COLORADO
ATTEST: iiyte# ' f. ti IE 4e \�
id E. Long, Chair
Weld County Clerk to the Boa1B61 ( 6
./ * • r:m H. Jett Pao-Tem
BY:
Deputy CI-t to the Board (if T.` , ,;
m F. Garcia
AfR ED AS T, -
Robert D. Masden
/C unty Attorney r c, cksd
f0 -3—a-7 Douglas ademach r
Date of signature:
2007-2678
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JUSTIN AND JENNIFER FRANK
USR#1618
1. The Site Specific Development Plan and Use by Special Review Permit#1618 is for a Use
permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial
or Industrial Zone Districts (dance and gymnastics studio) 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. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
7. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District, as delineated in Section 25-12-103, C.R.S.
8. Hours of operation for the facility shall be limited from 8:00 a.m., to 10:00 p.m., as outlined
in the application materials.
9. Adequate hand washing and toilet facilities shall be provided for employees and students
of the facility.
10. 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.
11. The facility shall utilize the existing public water supply.
12. 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.
13. 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.
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DEVELOPMENT STANDARDS - JUSTIN AND JENNIFER FRANK(USR#1618)
PAGE 2
14. The landscaping and screening on the site shall be maintained in accordance with the
approved Landscape and Screening Plan.
15. The property owner acknowledges that mineral owners and lessees have real property
interests that entitle them to surface use in accordance with Colorado State Statutes and
applicable Colorado Oil and Gas Conservation Commission regulations.
16. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
17. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
18. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
19. 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.
20. 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.
21. 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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