HomeMy WebLinkAbout20070711.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1578 FOR A BUSINESS PERMITTED AS A USE BY RIGHT OR
ACCESSORY USE IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(CONFERENCE CENTER, WEDDINGS, WEDDING RECEPTIONS, WEDDING
SEMINARS, MEETINGS, LIFE CELEBRATIONS, REUNIONS, BRIDAL SHOWERS,
BABY SHOWERS, BAR MITZVAHS, MUSIC RECITALS,WAKES, AND COMMUNITY
GATHERINGS) IN THE A (AGRICULTURAL) ZONE DISTRICT - SHAWN SARCHET
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 11th day of
April, 2007, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Shawn Sarchet, 14016 Weld County Road 32, Platteville,Colorado 80651,for a Site
Specific Development Plan and Use by Special Review Permit#1578 for a Business Permitted as
a Use by Right or Accessory Use in the Commercial or Industrial Zone Districts(conference center,
weddings, wedding receptions, wedding seminars, meetings, life celebrations, reunions, bridal
showers, baby showers, bar mitzvahs, music recitals, wakes, and community gatherings) in the
A (Agricultural) Zone District on the following described real estate, being more particularly
described as follows:
Lot A of Recorded Exemption#1920;being part of the
N1/2 NW1/4 of Section 21, Township 3 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was represented by Joseph Engels, 2521 West 4th Street,
Greeley, Colorado 80631, 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 23-2-230.6 of the Weld County Code as follows:
a. Section 23-2-230.6.1 --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,
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SPECIAL REVIEW PERMIT#1578 - SHAWN SARCHET
PAGE 2
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. Conditions of Approval and Development
Standards ensure that a reasonable attempt will be made to be compatible
with the region.
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
provides for a business permitted as a use by right or accessory use in the
Commercial or Industrial Zone District (conference center, weddings,
wedding receptions,wedding seminars,meetings,life celebrations, reunions,
bridal showers, baby showers, bar mitzvahs, bat mitzvahs, music recitals,
wakes, and community gatherings) in the A (Agricultural) Zone District.
c. Section 23-2-230.6.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The surrounding property to the
north, south, east, and west is primarily agricultural in nature, with a few
homes in the area. The Development Standards and Conditions of Approval
will ensure compatibility with adjacent properties.
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 Town of Platteville. The
Town of Platteville, in the referral dated October 10, 2006, indicated it has
reviewed the request and find no conflicts with its interests.
e. Section 23-2-230.B.5--The application complies with Chapter 23,Article V,
of the Weld County Code. 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.
f. Section 23-2-230.8.6--The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The subject site is designated Prime if they become Irrigated by the
1979 USDA Soil Conservation Services map.The lot consists of 8.125 gross
acres and is too small to be a viable farming operation in accordance with
Section 22-2-60.1 of the Weld County Code.
g. Section 23-2-230.6.7--The Design Standards(Section 23-2-240), Operation
Standards (Section 23-2-250), Conditions of Approval, and Development
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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 Shawn Sarchetfor a Site Specific Development Plan and
Use by Special Review Permit#1578 for a Business Permitted as a Use by Right or Accessory Use
in the Commercial or Industrial Zone Districts(conference center,weddings,wedding receptions,
wedding seminars, meetings, life celebrations, reunions, bridal showers, baby showers, bar
mitzvahs,music recitals,wakes,and community gatherings)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. All sheets of the plat shall be labeled USR-1578.
B. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) The approved Landscape/Screening Plan. All landscaping shall be
removed from Weld County Road right-of-way.
3) The location of all fire hydrants and one knox box, as required by the
Platteville/Gilcrest Fire Protection District.
4) Both accesses off of Weld County Road 32 shall enter at a ninety
(90) degree angle.
5) Weld County Road 32 is identified on the Weld County Road
Classification Plan as a collector road, which requires 80 feet of
right-of-way at full buildout. The applicant shall verify the existing
right-of-way and the documents creating the right-of-way. If the
right-of-way cannot be verified, it shall be dedicated. The plat shall
delineate the existing right-of-way and the documents which created
it, along with any additional right-of-way reservation required.
6) Weld County Road 29 is identified on the Weld County Road
Classification Plan as a section line, which requires 60 feet of
right-of-way at full buildout. The applicant shall verify the existing
right-of-way and the documents creating the right-of-way. If the
right-of-way cannot be verified, it shall be dedicated. The plat shall
delineate the existing right-of-way and the documents which created
it, along with any additional right-of-way reservation required.
7) The off-street parking spaces, including the access drive, shall be
surfaced with asphalt, concrete, or the equivalent, and shall be
graded to prevent drainage problems. The future(overflow)parking
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area may be grass or gravel at this time. Each paved 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 from coming into contact with other vehicles, walls,
fences, or plantings.
8) The applicant shall delineate all loading zones on the plat.
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 for this facility shall be ninety-eight (98)
spaces, of which four (4) shall be a van accessible handicapped
parking stall, meeting all of the requirements as set forth in the
Americans with Disabilities Act. Further,the applicant shall delineate
curb stops for the parking spaces shown on the Use by Special
Review plat.
10) The applicant shall address, and adhere to, the American with
Disabilities Act (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. At least four spaces must be van accessible. 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 their proposed site design mitigates the
requirements of the ADA.
11) Any approved signs, if applicable.
12) The plat shall be prepared in accordance with Section 23-2-260.D of
the Weld County Code.
13) 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.
14) Section 23-3-360.F of the Weld County Code addresses the issue of
on-site lighting, including security lighting if applicable, and 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...".
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15) The applicant shall delineate a plant list to coincide with the
Landscape Plan. The list shall include how the plants will be
maintained and irrigated.
C. The applicant shall address the requirements and concerns of the Weld
County Department of Planning Services,as stated in the referral response
dated August 21, 2006. Evidence of such shall be submitted, in writing, to
the Weld County Department of Planning Services.
D. The applicant 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 Use by Special Review 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.
E. The applicant shall attempt to address the requirements and concerns of the
Platteville/Gilcrest Fire Protection District,as stated in the referral response
dated September 27,2006. Evidence of such shall be submitted, in writing,
to the Weld County Department of Planning Services.
F. The applicant shall address the requirements and concerns of the Farmers
Reservoir and Irrigation Company,as stated in the referral response dated
September 5, 2006. Evidence of such shall be submitted, in writing,to the
Weld County Department of Planning Services.
G. The applicant shall submit written evidence to the Weld County Department
of Planning Services,from the Farmers Reservoir and Irrigation Company,
stating that the fourteen (14) shares of water may be utilized for the ponds
on the site.
H. 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 such shall be
submitted to the Weld County Department of Planning Services.
The applicant shall provide current evidence that the facility has an adequate
water supply. A Permit to Construct a Well, Permit # 269841, has been
submitted with the application. Evidence of such shall be submitted to the
Weld County Department of Planning Services.
J. The water system shall comply with the Colorado Primary Drinking Water
Regulations (5 CCR 1003-1). Evidence shall be provided to the Weld
County Department of Public Health and Environment that the system
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complies with the Regulations. Alternately, the applicant can provide
evidence that they are not subject to these requirements. Evidence of such
shall be submitted to the Weld County Department of Planning Services.
K. 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 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
(including the facility name, address, and phone number).
L. 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 can 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.
M. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
2. Prior to Construction:
A. A Stormwater Discharge Permit may be required for a development/
redevelopment/construction site where a contiguous or non-contiguous land
disturbance is greater than, or equal to, one acre in area. The applicant
shall contact the Water Quality Control Division of the Colorado
Department of Public Health and Environment at
www.cdphe.state.co.us/wq/PermitsUnit for more information.
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3. Prior to the Certificate of Occupancy:
A. An Individual Sewage Disposal System is required for the proposed
conference center and shall be installed according to the Weld County
Individual Sewage Disposal System (I.S.D.S.) Regulations. The septic
system is required to be designed by a Colorado registered professional
engineer, according to the Weld County I.S.D.S. Regulations.
B. In the event the septic system(s) 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 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 applicant can provide evidence that they are not subject to
these requirements.
C. Any building plans shall be submitted to the Platteville/Gilcrest Fire Protection
District for approval.
4. 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.
5. 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
mapsfaco.weld.co.us.
co.weld.co.us.
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.
7. 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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The above and foregoing Resolution was,on motion duly made and seconded, adopted by
the following vote on the 11th day of April, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
/ WELD COUNTY, COLORADO
ATTEST: CUSED
vid E. Long, Chair
Weld County Clerk to the
•► !�� �� illiam . Jer rocTerp
BY: r 4 2{ �a' 1
De. Cler Vo the Board
William F. Garcia
APP ED AS T •
AEXCUSED
Robert D. Masden
Attorney s�-�s��
Douglas Fgademacher
Date of signature: I?3107
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
SHAWN SARCHET
USR#1578
1. The Site Specific Development Plan and Use by Special Review Permit#1578 is for a
Business Permitted as a Use by Right or Accessory Use in the Commercial or Industrial
Zone District (conference center, weddings, wedding receptions, wedding seminars,
meetings, life celebrations, reunions, bridal showers, baby showers, bar mitzvahs, music
recitals, wakes, and community gatherings) 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. 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 25-12-103, C.R.S.
9. Adequate hand washing and toilet facilities shall be provided for employees and patrons 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. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
12. If applicable,the water system shall comply with the requirements as defined in the Primary
Drinking Water Regulations (5 CCR 1003 1).
13. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
14. The operation shall comply with all applicable rules and regulations of state and federal
agencies and Weld County Code.
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DEVELOPMENT STANDARDS - SHAWN SARCHET (USR#1578)
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15. 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.
16. 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.
17. The landscaping on the site shall be maintained in accordance with the approved
Landscape/Screening Plan.
18. As indicated by the application material,the hours of operation will be limited from 10:00 a.m.
to 10:00 p.m.,Monday through Saturday. Hours of operation may be extended with specific
permission from the Weld County Board of County Commissioners. This restriction shall
not apply to operation of administrative and executive offices, or repair and maintenance of
facilities located on the property.
19. As indicated by the application material, the number of employees and guests per event
shall not exceed 175.
20. The site shall be graded for drainage to the proposed pond areas.
21. The historical flow patterns and runoff amounts will be maintained on the 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 runoff rate and velocity increases, diversions,
concentration and/or unplanned ponding of storm runoff.
22. 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.
23. 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.
24. A plan review must be approved and a permit must be issued prior to the start of
construction on the site.
25. The new building shall conform to the requirements of the 2003 International Building Code,
the 2005 National Electrical Code, and Chapter 29 of the Weld County Code.
26. Setback and offset distances shall be determined by the 2003 International Building Code
and Chapter 23 of the Weld County Code. Offset and setback distances are measured
from the farthest projection from the structure.
27. Buildings located within a 100-yearfloodplain require a Flood Hazard Development Plan.
28. A letter from the Platteville/Gilcrest Fire District must be submitted to ascertain if a permit
is required.
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29. On-site lighting, including security lighting if applicable, shall maintain compliance with
Section 23-3-250.B.6 of the Weld County Code.
30. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
31. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
32. 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.
33. 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.
34. 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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