HomeMy WebLinkAbout20063195.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1576 FOR USES PERMITTED AS A USE BY RIGHT,ACCESSORY USE, OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(OFFICE AND STORAGE OF LANDSCAPE MATERIALS) IN THE A(AGRICULTURAL)
ZONE DISTRICT - SCOTT DEEMER
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 13th day of
December,2006,at the hour of 10:00 a.m.in the Chambers of the Board for the purpose of hearing
the application of Scott Deemer, 11899 Niwot Road, Longmont,Colorado 80504,fora Site Specific
Development Plan and Use by Special Review Permit#1576 for Uses Permitted as a Use by Right,
Accessory Use,or Use by Special Review in the Commercial or Industrial Zone Districts(office and
storage of landscape materials)in the A(Agricultural)Zone District on the following described real
estate, being more particularly described as follows:
Part of the SW 1/4 SE1/4 of Section 32, Township 2
North, Range 68 West of the 6th P.M.,Weld County,
Colorado
WHEREAS,said applicant was represented by Anne Best-Johnson,Todd Hodges Design,
LLC, 1269 North Cleveland Avenue, Loveland, Colorado 80537, 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." The application materials indicate
that the site can support the proposed use, and the Conditions of Approval
2006-3195
- )AWL/ n PL1863
��: Pt , Put ��o av iseaPI a122-8/0c'
SPECIAL REVIEW PERMIT#1576 - SCOTT DEEMER
PAGE 2
and Development Standards ensure that a reasonable attempt will be made
to be compatible with the region. The single family home on the property will
be converted into office uses,and the storage of materials will be screened
and located in the rear of the property. The site is proposed to be serviced
by the existing septic system on the site and the Left Hand Water District.
b. Section 23-2-230.8.2--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 by Right,Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (office and Storage of landscape
materials) in the A (Agricultural) Zone District.
c. Section 23-2-230.B.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The surrounding properties to the
north and east are primarily agricultural in nature. Use by Special Review
Permit#1488(USR-1488)for gravel mining is located to the west of the site,
the New Consolidated Lower Boulder Ditch runs along the northeast property
line, and single family homes are located to the south of the site. No letters
have been received from surrounding property owners. The Conditions of
Approval and Development Standards will ensure compatibility with adjacent
properties.
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 subject
property does not lie within any Intergovernmental Agreement area;however,
it does lie within the three-mile referral area of the Towns of Erie and
Frederick,the City of Dacono,and Boulder County. The City of Dacono and
Boulder County did not respond to the referral, indicating no concerns. The
Town of Erie, in its referral received August 24, 2006, has no objections to
the application. The Town of Frederick stated, in its referral dated
September 18, 2006, that the site is within the Town's Planning Area and
annexation will be required upon contiguity. The Town of Frederick's
Comprehensive Plan has designated this parcel as Mixed Use Highway 52
Commercial. In lieu of annexation at this time, the Town of Frederick will
require the development to comply the Town's development standards.
e. Section 23-2-230.8.5 -- 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 Storm Water/Drainage Impact Fee.
2006-3195
PL1863
SPECIAL REVIEW PERMIT#1576 - SCOTT DEEMER
PAGE 3
f. Section 23-2-230.B.6--The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The site consists of a little over three(3)acres and is currently being
utilized as a single family home.
g. Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240, Weld
County Code),Operation Standards(Section 23-2-250,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 Scott Deemer for a Site Specific Development Plan and
Use by Special Review Permit#1576 for Uses Permitted as a Use by Right,Accessory Use,or Use
by Special Review in the Commercial or Industrial Zone Districts(office and storage of landscape
materials)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 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 written approval
shall be submitted to the Department of Planning Services.
B. 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
the proposed hydraulic load (commercial office). 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 written approval shall
be submitted to the Department of Planning Services.
C. The applicant shall provide the Department of Planning Services with a
Maintenance Plan that is in compliance with Section 23-2-250.F of the Weld
County Code.
D. The applicant shall complete all proposed improvements, including those
regarding landscaping, screening, access improvements, and parking lot
requirements,or enter into 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). The agreement and form of collateral shall be reviewed by County
staff and accepted by the Board of County Commissioners prior to recording
2006-3195
PL1863
SPECIAL REVIEW PERMIT#1576 - SCOTT DEEMER
PAGE 4
the Use by Special Review plat, or the applicant may submit evidence that
all the work has been completed and approved by the Departments of
Planning Services and Public Works.
E. The applicant shall provide the Department of Planning Services with an
access permit from the Colorado Department of Transportation,as outlined
in the referral dated August 27, 2006.
F. The applicant shall attempt to address the requirements and concerns of the
Town of Frederick, as stated in the referral responses dated September 8,
and September 18,2006. Evidence of such shall be submitted,in writing,to
the Department of Planning Services.
G. The applicant shall address the requirements and concerns of the
Department of Public Works, as stated in the referral response dated
August 29, 2006. Evidence of such shall be submitted, in writing, to the
Department of Planning Services.
H. The applicant shall attempt to address the requirements and concerns of
New Consolidated Lower Boulder Reservoir and Ditch Company,as stated
in the referral response dated August 27, 2006. Evidence of such shall be
submitted, in writing, to the Department of Planning Services.
The applicant shall address the requirements and concerns of the Mountain
View Fire Protection District, as stated in the referral response dated
August 28, 2006. Evidence of such shall be submitted, in writing, to the
Department of Planning Services.
J. A Change of Use building permit shall be submitted to the Department of
Building Inspection. Evidence of such shall be submitted, in writing, to the
Department of Planning Services.
K. The plat shall be amended to delineate the following:
1) All the sheets of the plat shall be labeled USR-1576.
2) The plat shall be prepared in accordance with Section 23-2-260.D of
the Weld County Code.
3) 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.
4) Should exterior lighting be a part of this facility, all light standards
shall be delineated on the Use by Special Review plat.
2006-3195
PL1863
SPECIAL REVIEW PERMIT #1576 - SCOTT DEEMER
PAGE 5
5) State Highway 52 requires 200 feet of right-of-way at full buildout.
A total of 100 feet from the centerline of State Highway 52 shall be
delineated on the plat.
6) The applicant shall provide a minimum of twelve(12)parking spaces,
one of which should meet the intent of the Americans with Disabilities
Act(ADA). The parking spaces shall be equipped with wheel guards
or curb blocks,when necessary,to prevent vehicles from extending
beyond the boundary of the space and from coming into contact with
other vehicles, walls, fences, or plantings.
7) The access shall be delineated on the plat, as approved by the
Mountain View Fire Protection District. Evidence of such shall be
submitted, in writing, to the Department of Planning Services.
8) The attached Development Standards.
9) The approved Landscape and Screening Plan,including the location
of the outdoor storage, shall be delineated on the plat.
10) The applicant 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 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. 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.
2006-3195
PL1863
SPECIAL REVIEW PERMIT#1576 - SCOTT DEEMER
PAGE 6
5. Prior to issuance of building permit:
A. One month prior to construction activities, 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(1)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.
B. The applicant shall submit building plans to the Mountain View Fire Protection
District for review and approval. A letter of approval shall be submitted to the
Department of Building Inspection.
6. Prior to Certificate of Occupancy:
A. A final inspection of the occupancy will be required by a member of the
Mountain View Fire Protection District.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 13th day of December, A.D., 2006.
BOARD OF COUNTY COMMISSIONERS
WELD COU Y, COLORADO
ATTEST: iaugy
M. J. ile, Chair
Weld County Clerk to the ar- (10-c C neci
` _ [p avid E. Long, Pro-Tem
�`L �
BY: 't. ::. 3.17
Depu y Clerk to the Bob
_:__ ✓ .: . Witl4rn HH. Jerke
APPROVED AS TO FORFiI
\\O d. \ko
Robert. Masden
_,„County Attorney ag 4/4-62A
Glenn Vaad
Date of signature:
2006-3195
PL1863
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
SCOTT DEEMER
USR#1576
1. The Site Specific Development Plan and Use by Special Review Permit#1576 is for Uses
Allowed as a Use by Right, Accessory Use, or Use by Special Review in the Commercial
or Industrial Zone Districts(office and storage of landscape materials)in theA(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. Hours of operation will be 7:00 a.m. to 6:00 p.m., Monday through Friday, as stated in the
application material.
4. The site shall be limited to no more than ten (10) employees on the site, as stated in the
application material.
5. There shall be no parking or staging of trucks within the public right-of-way.
6. No retail sales shall be allowed from the site.
7. No outdoor storage of materials shall be permitted outside of the approved fenced/screened
area.
8. Materials stored on the site may not be stacked higher than the fencing.
9. 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 forfinal disposal in a manner that
protects against surface and groundwater contamination.
10. 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.
11. 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.
12. The applicant shall operate in accordance with the submitted Waste Handling Plan.
13. 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.
14. 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.
2006-3195
PL1863
DEVELOPMENT STANDARDS - SCOTT DEEMER (USR#1576)
PAGE 2
15. Adequate hand washing and toilet facilities shall be provided foremployees and patrons of
the facility.
16. 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.
17. The facility shall utilize the existing public water supply(Left Hand Water District).
18. All potentially hazardous chemicals must be stored and handled in a safe manner in
accordance with product labeling and in a manner that minimizes the release of hazardous
air pollutants and volatile organic compounds.
19. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
20. The operation shall complywith all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
21. The applicant shall submit building plans to the Mountain View Fire Protection District,for
review and approval, prior to the issuance of building permits. A letter of approval shall be
submitted to the Department of Building Inspection.
22. 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.
23. The site must take into consideration stormwatercapture/qualityand provide accordinglyfor
Best Management Practices.
24. Building permits shall be obtained prior to the construction of any building.
25. A plan review is required for any additional building. Plans shall bear the wet stamp of a
Colorado registered architect or engineer.
26. Buildings 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: 2003
International Building Code,2003 International Mechanical Code,2003 International Plumbing
Code, 2002 National Electrical Code, and Chapter 29 of the Weld County Code.
27. Buildings may require an engineered foundation based on a site-specific Geotechnical
Report or an open hole inspection preformed by a Colorado registered engineer.
Engineered foundations shall be designed by a Colorado registered engineer.
2006-3195
PL1863
DEVELOPMENT STANDARDS - SCOTT DEEMER (USR#1576)
PAGE 3
28. Fire resistance walls and openings,construction requirement,maximum building height,and
allowable areas will be reviewed at the plan review. Setback and offset distances shall be
determined by the Weld County Code.
29. Building heights shall be measured in accordance with the 2003 International Building Code
for the purpose of determining the maximum building size and height for various uses and
types of construction, and to determine compliance with the Bulk Requirements for
Chapter 23 of the Weld County Code. Building height shall be measured in accordance with
Chapter 23 of the Weld County Code in order to determine compliance with offset and
setback requirements. When measuring buildings to determine offset and setback
requirements,buildings are measured to the farthest projection from the building. Property
lines shall be clearly identified.
30. 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.
31. 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.
32. The landscaping and screening on the site shall be maintained in accordance with the
approved Landscape and Screening Plan.
33. On-site lighting, including security lighting if applicable, shall maintain compliance with
Section 23-3-250.B.6 of the Weld County Code.
34. All construction or improvements occurring in a Geological Hazard Area,as delineated by
the Colorado Geological Survey, shall comply with Overlay District requirements of
Chapter 23, Article V, Division 2, of the Weld County Code.
35. 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.
36. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
37. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
38. 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.
39. 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
2006-3195
PL1863
DEVELOPMENT STANDARDS - SCOTT DEEMER (USR#1576)
PAGE 4
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.
40. 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.
2006-3195
PL1863
Hello