HomeMy WebLinkAbout20021127 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by John Folsom that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
Case Number: AMUSR-1096
Planner: Lauren Light
Applicant: Sharon Parrill
Address: P.O. Box 5925
Cheyenne, Wyoming 82003
Request: A Site Specific Development Plan and a Special Review Permit for a
use allowed as a Use-by-Right in the C-2 (General Commercial)Zone
District(restaurant/tavern) in the A(Agricultural)Zone District
Legal Description: Pt. of the NE4 of Section 21, Township 12 North, Range 66 West of the
6th P.M., Weld County, Colorado
Location: West of State Highway 85 and south of and adjacent to Weld County
Road 140
be recommended favorably to the Board of County Commissioners 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 Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
a. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinances in effect. Section 22-2-150 C.Goal 2 of the Weld
County Code states,"Ensure the compatibility of commercial land uses with adjacent land
uses." The adjacent land uses consist of a nightclub and two residences which are located
in Wyoming and the existing lottery sales store which is located in Colorado. The applicant
owns the nightclub, residences and store. There is a single family home located to the
south which is not readily visible from the store due to topography. The wind farm is directly
to the west and State Highway 85 borders the property to the east. A Special Use Permit
was approved November 1, 1995 for a gift shop and lottery sales for the portion of the
applicants property which is located in Colorado. As there are existing commercial uses
in this location the proposed restaurant/tavern would be compatible with adjacent land uses.
b. Section 23-2-220.A.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, an 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.
c. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. Parking requirements are 1 space for 6 seats plus 1 space for 2
employees. The existing parking area is paved and there is sufficient room for expansion
to permit additional parking spaces. This proposal is unique as the adjacent uses consist
of a nightclub located in Wyoming to the north, the wind farm is directly to the west and
State Highway 85 borders the property to the east so the possibility of incompatibility with
adjacent land uses is greatly reduced. Conditions of Approval and Development Standards
will ensure that any incompatibilities will be mitigated.
d. Section 23-2-220.A.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 Chapter22 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 does not lie within the Urban Growth Boundary of any municipality.
The State of Wyoming did not respond to this request.
TB1T
2002-1127
Resolution AmUSR-1096
Sharon Parrill
Page 2
e. Section 23-2-220.A.5--The site does not lie within any Overlay Districts.
f. Section 23-2-220.A.6--The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use. The U.S.D.A. Soils Map
indicate that the soils on the property are designated "Other".
g. Section 23-2-220.A.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
health, safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Planning Commission's recommendation for approval is conditional upon the following:
1. The attached Development Standards for the Special Review Permit shall be adopted and placed
on the Special Review Plat prior to recording. Upon completion of Conditions of Approval 2.A.
through 2.G. the completed plat shall be delivered to the Weld County Department of Planning
Services and be ready for recording in the Weld County Clerk and Recorder's Office.The plat shall
be ready for recording within 90 days from the date of the Board of County Commissioners
resolution. (Department of Planning Services)
2. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) Conform to Section 23-2-260.D of the Weld County Code which refers to
comments for the special review permit plan map.
2) Number and location of parking spaces in accordance with Section 23-4-10 of the
Weld County Code. The parking plan shall include an adequate number of
spaces in accordance with ADA standards as well as the circulation pattern.
3) If signage is proposed it shall be indicated on the plat.
B. A recorded copy of an agreement indicating adequate legal access to the parcel shall be
submitted to the Weld County Department of Public Works as well as the Department of
Planning Services. The access shall be for ingress and egress and shall be referenced on
the plat by the Weld County Clerk and Recorders reception number. (Department of Public
Works, Department of Planning Services)
C. A Landscaping Plan shall be submitted to and approved by the Weld County Department
of Planning Services. The plan shall include irrigation and maintenance of landscaping
materials and potential replacement of dying materials. (Department of Planning Services)
D. A storm water drainage report shall be submitted to and approved by the Weld County
Department of Public Works. The report shall be prepared by a registered professional
engineer licensed in the States of Colorado or Wyoming. Evidence of approval of the report
shall be submitted to the Weld County Department of Planning Services. (Department of
Public Works, Department of Planning Services)
E. The applicants shall address the requirements (concerns) of the Weld County Sheriff's
Office outlined in their referral received January 29,2002. Written documentation shall be
presented to the Department of Planning Services indicating compliance with the Sheriff's
Office concerns. (Weld County Sheriff's Office, Department of Planning Services)
Resolution AmUSR-1096
Sharon Parrill
Page 3
r
F. The facility shall provide evidence that it has demonstrated compliance with the
requirements of the Colorado Primary Drinking Water Regulations, 25-1-107 (x), C.R.S.
Written evidence shall be provided to the Weld County Department of Public Health and
Environment and the Department of Planning Services that indicates the system complies
with the Regulations. (Department of Public Health and Environment)
G. The Weld County Department of Public Health and Environment has reviewed the
submitted Design Report and found the system does not appear to be adequate for the
proposed hydrologic load. The facility shall provide evidence from the Cheyenne/Laramie
City and County Health Department that the septic system complies with all applicable
rules. The review shall consist of observation of the system and a technical review
describing the systems 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 and the Weld County Department of Planning Services.
In the event the system is found to be inadequately sized or constructed the system shall
be brought into compliance with current Wyoming regulations. (Department of Public
Health and Environment)
3. A plan review is required for each permit. Plans shall bear the wet stamp of a Colorado registered
architect or engineer. Two complete sets of plans are required when applying for the permit.
(Department of Building Inspection)
4. Building shall conform to the requirements of the 1997 UBC, 1998, IMC, 1997 IPC, 1999 NEC and
Chapter 29 of the Weld County Code. (Department of Building Inspection)
5. All buildings and addition/remodels will require an engineered foundation based on a site-specific
geotechnical report or an open hole inspection performed by a Colorado registered engineer.
Engineered foundations shall be designed by a Colorado registered engineer. (Department of
Building Inspection)
6. Building height shall be limited to the maximum height allowed per UBC Table 5-B. Wall and
opening protection and limitations shall be in accordance with UBC Table 5-A. Separation of
buildings of mixed occupancy classifications shall be in accordance with UBC Table 3-B and
Chapter 3. Setback and offset distances shall be determined by the Zoning Ordinance.
(Department of Building Inspection)
7. The Special Review activity shall not occur nor shall any building or electrical permits be issued on
the property until the Special Review plat is ready to be recorded in the office of the Weld County
Clerk and Recorder. (Department of Planning Services)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
SHARON PARRILL
AMUSR-1096
1. The Site Specific Development Plan and Special Use Permit is for a use allowed as a Use-by-Right
in the C-2 (General Commercial) Zone District (restaurant/tavern) in the A (Agricultural) Zone
District, as indicated in the application materials on file and subject to the Development Standards
stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
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. (Department of Public Health and Environment)
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, 30-20-100.5, C.R.S., as amended. (Department of Public Health and
Environment)
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. (Department of Public Health and
Environment)
6. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone
as delineated in 25-12-103, C.R.S. (Department of Public Health and Environment)
7. The water supply shall comply with the Colorado Primary Drinking Water Regulations,25-1-107(x)
C.R.S. (Department of Public Health and Environment)
8. Any sewage disposal system shall comply with all applicable rules and regulations(Department of
Public Health and Environment)
9. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment)
10. Adequate hand washing and toilet facilities shall be provided for employees and the public.
(Department of Public Health and Environment)
11. The applicant shall comply with Colorado Retail Food Establishment Rules and Regulations,25-4-
1601 C.R.S.,governing the regulation of food service establishments.(Department of Public Health
and Environment)
12. The existing water well(s) shall comply with the State of Wyoming, Office of the State Engineer
(OSE) and the Wyoming Ground Water Regulations. (Department of Public Health and
Environment)
13. The landscaping on site shall be maintained in accordance with the approved landscape plan.
(Department of Planning Services)
14. Parking shall meet the requirements outlined in Article IV, Division 1 of the Weld County Code.
(Department of Planning Services)
15. Off-street parking spaces, including the access drive,shall be surfaced with gravel or an equivalent
and shall be graded to prevent drainage problems. Each parking space shall contain a concrete
curb stop with approved parking striping. (Department of Public Works)
16. No portion of the property shall be sold, conveyed or transferred separately. (Department of
Planning Services)
Resolution AmUSR-1096
Sharon Perrill
Page 2
17. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
18. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
19. 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.
20. The 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.
Motion seconded by Bryant Gimlin.
VOTE:
For Passage Against Passage
Michael Miller
Bryant Gimlin
Cathy Clamp
John Folsom
Luis Llerena
Bruce Fitzgerald
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I,Voneen Macklin, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on April 16, 2002.
Dated the 16th of April, 2002.
Voneen Macklin
Secretary
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