HomeMy WebLinkAbout20021126 RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY
SPECIAL REVIEW PERMIT#1096 FOR A USE ALLOWED AS A USE BY RIGHT IN
THE C-2 (GENERAL COMMERCIAL) ZONE DISTRICT (RESTAURANTJTAVERN) IN
THE A (AGRICULTURAL) ZONE DISTRICT - BUSY, INC., CIO SHARON PARRILL
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 22nd day
of May, 2002, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Busy, Inc., c/o Sharon Parrill, P.O. Box 5925, Cheyenne, Wyoming
82003, for a Site Specific Development Plan and Amended Use by Special Review Permit
#1096 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 on the following described real estate, to-
wit:
Part of the NE1/4 of Section 21, Township 12
North, Range 66 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 Amended 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.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 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
p nom, �// 2002-1126
cc / L mot_ OG(/ 7L �Y� PL1013
AMENDED SPECIAL REVIEW PERMIT#1096 - BUSY, INC., C/O SHARON PARRILL
PAGE 2
west and State Highway 85 borders the property to the east. A Use by
Special Review Permit was approved November 1, 1995, for a gift shop
and lottery sales for the portion of the applicant's 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 23-2-230.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 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 23-2-230.6.3—The uses which will be permitted will be
compatible with the existing surrounding land uses. Parking
requirements are one (1) space for six (6) seats, plus one (1) space for
two (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 23-2-230.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 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 does not lie
within the Urban Growth Boundary of any municipality. The State of
Wyoming did not respond to this request.
e. Section 23-2-230.B.5 —The site does not lie within any Overlay Districts.
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 U.S.D.A. Soils Map indicates that the soils on the
property are designated "Other."
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.
2002-1126
PL1013
AMENDED SPECIAL REVIEW PERMIT#1096 - BUSY, INC., CIO SHARON PARRILL
PAGE 3
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Busy, Inc., c/o Sharon Parrill for a Site Specific
Development Plan and Amended Use by Special Review Permit#1096 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 on the parcel of land described above be, and hereby is, granted
subject to the following conditions:
1. The attached Development Standards for the Amended Use by Special Review
Permit shall be adopted and placed on the Amended Use by 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.
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 Use by 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
(American Disabilities Act) 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 Departments of Public
Works and Planning Services. The access shall be for ingress and
egress, and shall be referenced on the plat by the Weld County Clerk and
Recorder's reception number.
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.
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.
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AMENDED SPECIAL REVIEW PERMIT #1096 - BUSY, INC., C/O SHARON PARRILL
PAGE 4
E. The applicant shall address the requirements or concerns of the Weld
County Sheriff's Office outlined in the referral received January 29, 2002.
Written documentation shall be presented to the Department of Planning
Services indicating compliance with the Sheriff's Office concerns.
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 Departments of Public Health and Environment and
Planning Services that indicates the system complies with the
regulations.
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 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 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.
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.
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.
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.
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 Chapter 23 (Zoning) of the Weld County
Code.
2002-1126
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AMENDED SPECIAL REVIEW PERMIT#1096 - BUSY, INC., C/O SHARON PARRILL
PAGE 5
7. The Amended Use by Special Review activity shall not occur, nor shall any
building or electrical permits be issued on the property, until the Amended 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 22nd day of May, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
1 A /) ' , / WELD COUNTY, OLORADO
ATTEST: ��L_ /{�/�%///J�� ~�` a
„isW th : * � ` Gle d, Chain )
Weld County Clerk to th :o- n� J
1861 .y�..t� .,
David . Lon , Pro-Tem
•
Deputy Clerk to the : `u ��
M. J. eile
AP• ' •VE► AS TO : / 17/—we
'Ilia H. Jerke
my torney J\ (, s\y,
R bert D. Masden
Date of signature: 30
2002-1126
PL1013
SITE SPECIFIC DEVELOPMENT PLAN
AMENDED USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
BUSY, INC., CIO SHARON PARRILL
AMUSR#1096
1. The Site Specific Development Plan and Amended Use by Special Review Permit #1096
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.
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 in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
6. The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone as delineated in Section 25-12-103, C.R.S.
7. The water supply shall comply with the Colorado Primary Drinking Water Regulations,
Section 25-1-107(x), C.R.S.
8. Any sewage disposal system shall comply with all applicable rules and regulations.
9. Fugitive dust shall be controlled on this site.
10. Adequate hand washing and toilet facilities shall be provided for employees and the public.
11. The applicant shall comply with Colorado Retail Food Establishment Rules and
Regulations, Section 25-4-1601, C.R.S., governing the regulation of food service
establishments.
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.
13. The landscaping on site shall be maintained in accordance with the approved Landscape
Plan.
14. Parking shall meet the requirements outlined in Article IV, Division 1, of the Weld County
Code.
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DEVELOPMENT STANDARDS - BUSY, INC., CIO SHARON PARRILL (AMUSR#1096)
PAGE 2
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.
16. No portion of the property shall be sold, conveyed or transferred separately.
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 Amended 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.
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.
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