HomeMy WebLinkAbout20021696.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1391 FOR A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY
SPECIAL REVIEW IN THE COMMERCIAL ZONE DISTRICT (RETAIL SHOP SELLING
TREES, SHRUBS, GRAIN, GARDEN DECOR, AND JEWELRY) IN THE
A(AGRICULTURAL)ZONE DISTRICT - HOWARD AND VERONICA CANTRELL
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 17th day
of July, 2002, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Howard and Veronica Cantrell, 11016 Weld County Road 23, Fort
Lupton, Colorado 80621, for a Site Specific Development Plan and Use by Special Review
Permit#1391 fora Use by Right, an Accessory Use, or a Use by Special Review in the
Commercial Zone District (retail shop selling trees, shrubs, grain, garden decor, and jewelry) in
the A (Agricultural)Zone District on the following described real estate, to-wit:
Lot A of Recorded Exemption #1057; being part of
the SW1/4 of Section 1, Township 2 North, Range
67 West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was 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 recommendations 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.B.1 —The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect. Section
22-2-150.B.1 (C.Goal 2) states, "Ensure the compatibility of commercial
land uses with adjacent land uses." The proposed retail shop is located
in the southwest portion of the property near the existing single family
residence. The building is screened from Weld County Road 23 by
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SPECIAL REVIEW PERMIT#1391 - HOWARD AND VERONICA CANTRELL
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trees. The shop will be selling trees, shrubs, and grain raised by local
farmers. The main portion of the property is designated as "Not Prime"
by the Farmlands of National Importance Map, dated 1979. This retail
shop will not affect agricultural practices on site or those on surrounding
properties. The Conditions of Approval and Development Standards will
ensure compatibility with surrounding land uses.
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 of the Weld County
Code provides for any use permitted as a Use by Right, an Accessory
Use, or a Use by Special Review in the Commercial Zone District as a
Use by Special Review 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 uses to the
north, east, south, and west are farms with single family residences.
There are existing oil and gas tanks on the property. The Town of
Platteville is located three miles to the north and the Town of Firestone is
located four miles west of the proposed site. A strip mall is under
construction five miles to the west. Other uses include a greenhouse
and commercial tree wholesaler approximately one mile from the site.
d. Section 23-2-230.6.4 -- The uses which will be permitted will be
compatible with future development of the surrounding area as permitted
by the existing zoning and with the future development as projected by
Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of
affected municipalities. The site lies within the three-mile referral area of
the Town of Platteville. A response received on May 29, 2002, from the
Platteville Board of Trustees indicates they have reviewed the request
and find no conflicts with their interests.
e. Section 23-2-230.6.5 -- The eastern portion of the site lies within the
100-Year Flood Plain as identified by the Flood Insurance Rate Map
Community Panel Map 080266 0860C, dated September 28, 1982. The
site of the proposed shop is located in the southwest corner of the
property and is not within the flood plain area.
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 majority of the 29.4-acre site is designated as "not
prime"as mentioned earlier. The proposed shop will be situated in close
proximity to the single family residence in the southwest portion of the
property off of Weld County Road 23. The retail shop will not make
agricultural practices less efficient.
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SPECIAL REVIEW PERMIT#1391 - HOWARD AND VERONICA CANTRELL
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g. Section 23-2-230.6.7 -- 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 Howard and Veronica Cantrell for a Site
Specific Development Plan and Use by Special Review Permit#1391 fora Use by Right, an
Accessory Use, or a Use by Special Review in the Commercial Zone District (retail shop selling
trees, shrubs, grain, garden decor, and jewelry) 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 labeled Use by Special Review#1391.
B. The plat shall delineate the following:
1) The attached Development Standards.
2) The approved landscaping, screening, lighting, and parking
plans.
3) A sign plan which conforms to the requirements for signs in the
A (Agricultural)Zone District with the exception of
Section 23-4-90.B. One four-foot (4') by four-foot (4') sign shall
be displayed on the retail shop and two, two-foot (2') by two-foot
(2') signs shall be displayed on the north and south ends of the
property located off of Weld County Road 23.
4) The proposed location of future restroom facilities within the retail
shop.
C. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
D. The applicant shall address the requirements of the Department of
Public Health and Environment regarding the septic system as stated in
the referral received May 24, 2002. The existing septic system serving
the residence shall be reviewed by a Colorado Registered Professional
Engineer. The review shall consist of an 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
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SPECIAL REVIEW PERMIT#1391 - HOWARD AND VERONICA CANTRELL
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inadequately sized or constructed the system shall be brought into
compliance with current regulations.
E. The applicant shall address the requirements of the Department of
Planning Services regarding landscaping, screening, lighting, signage,
and parking as stated in the referral dated May 16, 2002. A plan
addressing the above issues shall be submitted to the Department of
Planning Services for review and approval.
F. The applicant shall enter into an Improvements Agreement According to
Policy Regarding Collateral for Improvements and post adequate
collateral for transportation and non-transportation requirements. 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.
G. The applicant shall address the requirements of the Department of
Public Works as stated in the referral response dated June 3, 2002.
These include identifying an additional ten feet of right-of-way for Weld
County Road 23 and any right-of-way on the south end of the parcel on
the plat. The applicant shall show the size and dimension of the parking
lot and configuration of parking spaces to accommodate three parking
spaces on the plat.
H. The applicant shall establish one of the houses on the property as a
nonconforming structure with the Department of Planning Services.
2. Upon completion of Condition #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 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 mapsaco.weld.co.us.
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SPECIAL REVIEW PERMIT#1391 - HOWARD AND VERONICA CANTRELL
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4. Prior to operation:
A. A Building Permit shall be obtained for a change of use to a retail sales
building. All applicable permits and plans shall be submitted for review
and approval to the Department of Building Inspection as stated in the
referral response dated May 21, 2002.
5. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review plat
is ready to be recorded in the office of the Weld County Clerk and Recorder.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 17th day of July, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
��� WELD COUNTY, COLORADO
ATTEST:
61 (y$�' ft � G -n Vaa. Chair
Weld County Clerk tot -i'J �.�
BY: • Davi E.
L:L'Y, Pro= e
Deputy Clerk to the Boar
M. J. Geile
APP AS F M: `
William H. Jerke
unty Atto ney EXCUSED
Robert D. Masden
Date of signature: a 5
2002-1696
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
HOWARD AND VERONICA CANTRELL
USR#1391
1. The Site Specific Development Plan and Use by Special Review Permit#1391 is fora Use
by Right, an Accessory Use, or a Use by Special Review in the Commercial Zone District
(retail shop selling trees, shrubs, grain, decor, and jewelry) 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. The hours of operation shall be from 10:00 a.m. to 6:00 p.m., daily.
4. 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.
5. 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.
6. Waste materials shall be handled, stored,and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
7. Fugitive dust shall be controlled on this site.
8. The 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 patrons of the facility.
Patrons of the retail shop shall be allowed to use the toilet facilities located in the
residence.
10. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and
handled in a safe manner in accordance with product labeling, pursuant to
Section 25-8-205.5 of the Colorado Water Quality Control Act and Rules and Regulations.
11. The facility shall utilize the existing public water supply (Central Weld County Water
District).
12. If applicable,the applicant shall obtain a Storm Water Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
13. Off street parking spaces, including access drives, shall be surfaced with gravel, asphalt,
concrete, or the equivalent, and shall be graded to prevent drainage problems.
QL APPS QV 4LCo) 20PL1613
DEVELOPMENT STANDARDS - HOWARD AND VERONICA CANTRELL (USR#1391)
PAGE 2
14. The landscaping on site shall be maintained in accordance with the approved Landscape
Plan.
15. Signs shall adhere to Sections 23-4-90.A and 23-4-90.B of the Weld County Code.
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. Personnel from the Weld County Departments of Public Health and Environment, Planning
Services, and Public Works 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.
19. 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.
20. 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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