HomeMy WebLinkAbout20072801.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1613 FOR A USE PERMITTED AS A USE BY RIGHT,ACCESSORY USE, OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(GUTTER BUSINESS) IN THE A(AGRICULTURAL) ZONE DISTRICT -WARREN AND
DEBORAH SMITH
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 Warren and Deborah Smith, 4871 County Road 7, Erie, Colorado 80516,
for a Site Specific Development Plan and Use by Special Review Permit#1613 for a Use Permitted
as a Use by Right,Accessory Use, or Use by Special Review in the Commercial or Industrial Zone
Districts(gutter business)in the A(Agricultural)Zone District on the following described real estate,
being more particularly described as follows:
Part of the NE1/4 of Section 9, Township 1 North,
Range 68 West of the 6th P.M., Weld County,
Colorado
WHEREAS,said applicant was represented by Dan Vela, General Manager of Front Range
Seamless Gutter, 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
(A.Goal 4) states, "Conversion of agricultural land to nonurban residential,
commercial,and industrial uses will be accommodated when the subject site
is in an area that can support such development. Such development shall
attempt to be compatible with the region." Application materials indicate the
site can support the proposed use. The Conditions of Approval and
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Development Standards will ensure that a reasonable attempt will be made
to be compatible with the region.
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, (gutter
business) in the A(Agricultural) Zone District. Currently, the property is in
violation (VI-0700032)for the operation of Front Range Seamless Gutters
without an approved and recorded Use by Special Review (USR) Permit.
Approval and completion of the USR Permit closes 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 surrounding property is
predominantly agricultural and residential land. The property east of and
adjacent to the proposed development is located within the municipal limits
of the Town of Erie. The surrounding property to the west and south of the
property is a residential subdivision (Scott Acres), and the property to the
north is agricultural. The Department of Planning Services has received one
letter from a surrounding property owner, indicating they are"okay"with the
proposed facility. The Conditions of Approval and Development Standards
will ensure compatibility with adjacent properties and the character of the
area.
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
subject property lies within the three-mile referral area of the City of Dacono,
Towns of Erie and Frederick, City and County of Broomfield, and Boulder
County. The Town of Erie, in its referral dated April 26, 2007, indicated no
conflicts with the proposed development. The Town of Frederick, in its
referral dated April 30,2007,indicated the proposed development should be
located within a municipality where the resources exist to adequately serve
the development and an economy of scale exists to assist with public safety,
improvements,and infrastructure. The Town of Frederick referral continued
to state that the Town has no objection to the proposal, nor interest in
completing annexation for this site, and clarified there are several vacant
lots within the Glacier Business Park and other areas zoned for this use that
would provide for the proposed business, as a use by right, without any
additional improvements or investment in public infrastructure, concerns for
health and safety, or conflicts with the existing and future neighborhood.
The City of Dacono, City and County of Broomfield, and Boulder County did
not respond to the referral request.
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e. Section 23-2-230.6.5 -- The application complies with Chapter 23,
Section V, of the Weld County Code. The site lies within the Erie Airport
and Geologic Hazard Overlay Districts. The State of Colorado, Geological
Survey referral, dated April 30,2007, indicated it has reviewed the proposed
development and find no conflicts with its interests. The applicants must
adhere to Chapter 23, Article V, Division 2, of the Weld County Code,
regarding the Geologic Hazard Overlay District. The Erie Airport Authority
did not respond the referral request. 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.6 —The applicants have demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. The subject site is designated "Prime if Irrigated" on the
Farmlands of National Importance map, dated 1979, by the U.S.D.A. Soil
Conservation Services. The lot consists of 3.45 acres and is too small to be
a viable farming operation, as defined by Section 22-2-60.1 of the Weld
County Code.
g. Section 23-2-230.8.7 -- 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 Warren and Deborah Smith for a Site Specific
Development Plan and Use by Special Review Permit #1613 for a Use Permitted as a Use by
Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts
(gutter business)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 USR-1613.
2) The attached Development Standards.
3) The approved Landscape/Screening Plan. The applicants shall
delineate a plant list to coincide with the Landscape Plan. The list
shall include how the plants will be maintained and irrigated. All
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landscaping, except for the native grasses, shall be removed from
County Road right-of-way and future right-of-way.
4) County Road 12 is classified by the County as a major arterial road,
which requires 70 feet of right-of-way at full buildout. The applicants
shall verify the existing right-of-way and the documents creating the
right-of-way. The plat shall delineate the existing right-of-way and
the documents which created it, along with any additional future
right-of-way required.
5) The applicants shall relocate the north access drive at the
intersection of County Roads 12 and 7 to a safe location, per the
direction of the Weld County Department of Public Works,or remove
the access. Evidence of such shall be submitted to the Department
of Planning Services.
6) The applicant shall indicate sight distance triangles for all access
points.
7) The off-street parking spaces, including the access drive, shall be
surfaced with an all-weather surface material and shall be graded to
prevent drainage problems. Each parking space shall be equipped
with wheel guards or curb stops, where needed, to prevent vehicles
from extending beyond the boundaries of the space and coming into
contact with other vehicles, walls, fences, or plantings.
8) The applicant shall designate employee, customer, and business
parking on the plat, and dimension them accordingly to
Section 23-2-260.D.5.C.10 of the Weld County Code.
9) This facility shall adhere to the number of on-site parking spaces
indicated in Appendix 23-B of the Weld County Code. The total
number of on-site parking spaces for this facility shall be thirty-four
(34)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(ADA). The applicant shall address
and adhere to 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. 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 the ADA. Should the applicants
elect to not adhere to the previously discussed Federal Standards,
they shall outline how the proposed site design mitigates the
requirements of the ADA.
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10) If applicable, the location and diagram of all signs shall be noted on
the plat.
11) The plat shall be prepared in accordance with Section 23-2-260.D of
the Weld County Code. The plat scale shall be enlarged to
one (1) inch equals forty(40) feet (1"=40').
12) The applicants 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.
13) The applicants shall delineate all on-site lighting.
Section 23-3-360.F of the Weld County Code, addressing the issue
of on-site lighting, including security lighting, if applicable, states,
"any lighting...shall be designed, located, and operated in such a
manner as to meet the following standards: sources of light shall be
shielded so that beams or rays of light will not shine directly onto
adjacent properties...".
14) All stormwater facilities shall be located on the plat.
15) The applicants shall include the book and page or reception number
for the easement on the south side of the property, or remove it from
the plat.
16) The applicants shall verify the existing and future right-of-way for
County Road 7 with the Town of Erie and delineate the information
on the plat.
B. The applicants shall enter into an Improvements Agreement According to
Policy Regarding Collateral for Improvements and post adequate collateral
for all required improvements. 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. The Improvements Agreement
will not be needed if the necessary improvements are completed to the
satisfaction of the Departments of Public Works and Planning Services.
C. The applicants shall attempt to address the requirements and concerns of
the Weld County Paramedic Service, as stated in the referral response
dated April 25, 2007. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
D. The septic system serving the home 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
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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 of such shall be submitted
to the Weld County Department of Planning Services.
E. The applicants 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 Department of Public Health
and Environment approval 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).
2) 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).
F. The applicants shall address the requirements and concerns of the Weld
County Department of Public Works, as stated in the referral response
dated May 15, 2007. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
G. The applicants shall attempt to address the requirements and concerns of
the Town of Frederick, as stated in the referral response dated
April 30, 2007. Evidence of such shall be submitted, in writing, to the Weld
County Department of Planning Services.
H. The applicants shall address the requirements and concerns of the Weld
County Department of Planning Services, as stated in the referral response
dated April 20, 2007. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
The applicants shall address the requirements and concerns of the Weld
County Department of Building Inspection, as stated in the referral
response dated May 16, 2007. Evidence of such shall be submitted, in
writing, to the Weld County Department of Planning Services.
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J. The applicants 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 State requirements, as an attempt to mitigate
concerns. The plat shall be amended to include any possible future drilling
sites.
K. The applicants have not delineated any on-site sign(s). If any on-site sign(s)
are desired,the Department of Planning Services shall be notified in writing.
L. The applicants shall submit a Landscape/Screening Plan to the Department
of Planning Services for review. Section 23-3-250.A.9 of the Weld County
Code states, "uses involving outdoor storage of vehicles (including the
parking of employees vehicles), equipment, or materials, when permitted,
shall be screened from public rights-of-way and all adjacent properties."
M. 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 plat is ready to be recorded in
the office of the Weld County Clerk and Recorder.
5. 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 date of
the Board of County Commissioners Resolution, a $50.00 recording continuance
charge may be added for each additional three (3) month period.
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SPECIAL REVIEW PERMIT #1613 - WARREN AND DEBORAH SMITH
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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
� i ' � ;��� W COUNTY, OLORADO
ATTEST: X14 '1, ; r f cu,
@@ v." avid E. Long, Chair
Weld County Clerk to the Board��A'
William H. Je Ie,rfr Tern
1
BY:� � 1,12 1`
Dep Clerk lo the Board (
W am F. Garcia
APPOVED AS TO r Q \\)--
Robert D. Mas en
ou y Attorney ccQ wct Ih 1 •�
ouglas ademacher
Date of signature: /0747
2007-2801
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
WARREN AND DEBORAH SMITH
USR#1613
1. Site Specific Development Plan and Use by Special Review Permit #1613 is for a Use
Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial
or Industrial Zone Districts (gutter business) 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. 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.
7. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
8. 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.
9. Adequate toilet and hand washing facilities shall be provided for employees. The
employees shall be allowed to use the toilet facilities located in the residence.
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(Left Hand Water District).
12. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
13. 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.
14. Effective August 1, 2005, building Permits issued on the proposed lots 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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15. The landscape and screening on the site shall be maintained in accordance with the
approved Landscape/Screening Plan.
16. The hours of operation will be limited from 8:00 a.m.to 6:00 p.m., seven(7)days per week.
17. The number of employees for the business shall be limited to twenty(20) people.
18. All vehicles located on the property must be operational, with current license plates and
tags.
19. All material and equipment, with the exception of vehicles, shall be stored in an enclosed
structure.
20. 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.
21. 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.
22. A plan review must be approved and a permit must be issued prior to the start of
construction on the site.
23. Setback and offset distances shall be determined by the 2006 International Building Codes
and Chapter 23 of the Weld County Code. Offset and setback distances are measured
from the farthest projection from the structure.
24. Building plans shall be submitted to the Mountain View Fire Protection District and the
Frederick Fire Protection District for approval.
25. On-site lighting, including security lighting, if applicable, shall maintain compliance with
Section 23-3-250.8.6 of the Weld County Code.
26. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
27. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
28. 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.
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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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