HomeMy WebLinkAbout20174019.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR17-0051, FOR ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL ZONE
DISTRICT (LANDSCAPE BUSINESS) IN THE A (AGRICULTURAL) ZONE DISTRICT -
ANDREW CALL AND SAMANTHA GRIFFITH CALL
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 20th day of
December, 2017, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Andrew Call and Samantha Griffith Call, 13900 Lake Song Lane Unit
S5, Broomfield, CO 80023, for a Site Specific Development Plan and Use by Special Review
Permit, USR17-0051, for any Use permitted as a Use by Right, Accessory Use, or Use by Special
Review in the Commercial Zone District (landscape business) in the A (Agricultural) Zone District,
on the following described real estate, being more particularly described as follows:
Lot B of Recorded Exemption, RE -1851; being part
of the SW1/4 SW1/4 of Section 9, Township 1 North,
Range 68 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicants were present, 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.
1) Section 22-2-20.G (A.Goal 7) states: "County land use regulations
should protect the individual property owner's right to request a land
use change." And, Section 22-2-20.G.2 (A.Policy 7.2) states:
"Conversion of agricultural land to nonurban residential,
commercial, and industrial uses should be accommodated when
the subject site is in an area that can support such development,
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SPECIAL REVIEW PERMIT (USR17-0051) - ANDREW CALL AND SAMANTHA GRIFFITH
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and should attempt to be compatible with the region." The
applicants are requesting a Use by Special Review permit for a
landscape maintenance business on land that is also their personal
residence. The property owner employs nine (9) persons who will
access the property in the morning, park their vehicles and leave in
a company owned vehicles. The hours of operation are daylight
hours, seven (7) days a week, during the months of April through
September. During winter months, October through March, the
hours are 24 hours a day, seven (7) days a week to provide for
snow removal activities. The existing landscaping on the site
consists of grasses with future plans to install landscaping around
the new residence. Section 23-2-240.A.10 states: "Buffering or
screening of the proposed use from adjacent properties may be
required in order to make the determination that the proposed use
is compatible with the surrounding uses." The proposed use is in
an area that can support this development and the existing and
proposed screening, and the Conditions of Approval and
Development Standards will assist in mitigating the impacts of the
facility on the adjacent properties and ensure compatibility with
surrounding land uses and the region.
2) Section 22-2-20.G.3 (A.Policy 7.3) states, "Conversion of
agricultural land to urban residential, commercial and industrial
uses should be considered when the subject site is located inside
an Intergovernmental Agreement area, Urban Growth Boundary
area, Regional Urbanization Area or Urban Development Nodes, or
where adequate services are currently available or reasonably
obtainable. A municipality's adopted comprehensive plan should be
considered, but should not determine the appropriateness of such
conversion." This site is located within three (3) miles of the Town
of Erie, although at this time there is no Intergovernmental
Agreement between the Town of Erie and Weld County. The Town
indicated that the proposal does not comply with the
Comprehensive Plan as the Landscape Business is not a preferred
use within the "RR - Rural Residential" land use designation.
3) Section 22-2-20.H.3 (A. Policy 8.3) states: "The land use applicants
should demonstrate that the roadway facilities associated with the
proposed development are adequate in width, classification and
structural capacity to serve the proposed land use change." The
referral comments from the Weld County Department of Public
Works state that CR 10 is a gravel road. The Department of Public
Works did not have any concerns with the use of this road for this
USR.
4) Section 22-2-20.H.4 (A.Policy 8.4) states: "The land use applicants
should demonstrate that drainage providing stormwater
management for the proposed land use change is adequate for the
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SPECIAL REVIEW PERMIT (USR17-0051) -ANDREW CALL AND SAMANTHA GRIFFITH
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type and style of development and meets the requirements of
county, state and federal rules and regulations." The drainage
narrative was submitted and reviewed by the Department of
Planning Services Engineer. No concerns were identified with the
stormwater management.
5) Section 22-2-20.H.5 (A. Policy 8.5) states: "The land use applicants
should demonstrate that public service providers, such as but not
limited to schools, emergency services and fire protection, are
informed of the proposed development and are given adequate
opportunity to comment on the proposal." The USR was sent to
seventeen (17) referral agencies including the school district, the
water district, and the fire district. The referral agencies had 28 days
to review this USR and most of them submitted responses of 'no
concerns' with the rest submitting comments or conditions that are
incorporated as Conditions of Approval or Development Standards
in the staff recommendation.
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.S allows for a Site
Specific Development Plan and Use by Special Review Permit for a
Use permitted as a Use by Right, Accessory Use, or Use by Special Review
in the Commercial or Industrial Zone Districts (landscape business) in the
A (Agricultural) Zone District.
1)
Section 23-3-10 — Intent states: "The A (Agricultural) Zone District
is also intended to provide areas for the conduct of uses by Special
Review which have been determined to be more intense or to have
a potentially greater impact than uses Allowed by Right." The
proposed USR is in an area that can support this development and
the Development Standards and the Conditions of Approval will
assist in mitigating the impacts of the facility on the adjacent
properties and ensure compatibility with surrounding land uses and
the region.
C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent lands consist of
pastures, crops, and rural residences. There are three (3) houses within
250 feet of the site. The closest residence is 150 feet west of the property
line. There are eleven (11) USRs within one mile of this site. USR-887 is
for an accessory building and is located north of the site; SUP -322 is for a
private airport and is located northwest of the site. USR-1503 is for
150 -head of calves, USR-1502 is for a second dwelling, and USR-1613 is
for a gutter business and all are located northeast of the site. USR-1348 is
for an accessory building and an indoor arena, CUP -32 is for a single-family
residence, CUP -57 is for a second dwelling, USR-931 is for a horse
boarding facility, CUP -34 is for a horse training and breeding facility, and
USR17-0035 is for a motorcycle repair with cargo container storage and all
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SPECIAL REVIEW PERMIT (USR17-0051) -ANDREW CALL AND SAMANTHA GRIFFITH
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are located southeast of the site. The Weld County Department of Planning
Services has received a couple of phone calls from the same surrounding
property owner who asked questions about this Use by Special Review
(USR)
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 is located within a three (3) mile referral area of the
Towns of Erie and Frederick, the City of Dacono, Boulder County and the
City and County of Broomfield. The Towns of Erie, Frederick, the City of
Dacono and the City and County of Broomfield all submitted referral agency
comments indicating no concerns. Boulder County did not return a referral
response.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The site is not in a floodplain
or the Airport Overlay District. The property is within the Geologic Hazard
Overlay District and staff has included a Condition of Approval that the
applicant shall submit a Geological Hazard Development Permit. The
Colorado Geological Survey reviewed the application and stated that the
mine depth is 225 feet and the subsidence hazard is low. Building Permits
issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee, County Facility Fee and Drainage Impact
Fee Programs.
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 proposed landscape business is located on one (1) acre of soil
designated as "Prime" and 2 acres of soils designated as "High Potential
Dry Cropland," per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. There are no new structures proposed so
the USR will not take any Prime (Irrigated) Farmland out of production.
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 can 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 Andrew Call and Samantha Griffith Call, for a Site
Specific Development Plan and Use by Special Review Permit, USR17-0051, for any Use
permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial Zone
District (landscape business) in the A (Agricultural) Zone District, on the parcel of land described
above be, and hereby is, granted subject to the following conditions:
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1. Prior to recording the map:
A. All projects occurring in a Geologic Hazard Area, as delineated by the
Colorado Geological Survey, shall comply with the Overlay District
requirements of Chapter 23, Article V, Division 2 of the Weld County Code.
A Geological Hazard Development Permit is required.
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR17-0051.
2) The attached Development Standards.
3) The map shall be prepared per Section 23-2-260.D of the Weld
County Code.
4) The applicant shall delineate the trash collection areas.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
5) If applicable, signs shall be shown on the map and shall adhere to
Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and
23-E of the Weld County Code.
6) The map shall delineate the lighting, if applicable.
7) County Road 10 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road which requires
60 feet of right-of-way at full buildout. The applicant shall delineate
on the site plan the existing right-of-way. All setbacks shall be
measured from the edge of right-of-way. This road is maintained by
Weld County.
8) Show and label the approved access(es), and the appropriate
turning radii (60') on the site plan.
9) The applicant shall show the drainage flow arrows.
10) Show and label the employee parking spaces.
11) Show and label the Geologic Hazard Area on the site plan.
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SPECIAL REVIEW PERMIT (USR17-0051) -ANDREW CALL AND SAMANTHA GRIFFITH
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2. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
3. Upon completion of Condition of Approval #1 above, the applicant shall submit one
(1) electronic copy (.pdf) of the map for preliminary approval to the Weld County
Department of Planning Services. Upon approval of the map, the applicant shall
submit a Mylar map along with all other documentation required as Conditions of
Approval. The Mylar map shall be recorded in the office of the Weld County Clerk
and Recorder by the Department of Planning Services. The map shall be prepared
in accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The Mylar map and additional requirements shall be submitted within one
hundred twenty (120) days from the date of the Board of County Commissioners
Resolution. The applicant shall be responsible for paying the recording fee.
4. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the map not be recorded within the required one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution, a
$50.00 recording continuance charge shall be added for each additional three (3)
month period.
5. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable format is a projected ESRI
shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983
UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS
0501 (US Feet),etc.). This digital file may be sent to maps@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 map
is ready to be recorded in the office of the Weld County Clerk and Recorder or the
applicant has been approved for an early release agreement.
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SPECIAL REVIEW PERMIT (USR17-0051) - ANDREW CALL AND SAMANTHA GRIFFITH
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 20th day of December, A.D., 2017.
ATTEST: �j„ f2eLNJ v• ��
Weld County Clerk to the Board
BY:
Deputy Clerk to
APPR
County Attorney
Date of signature: 0/7/ x/18
BOARD OF COUNTY COMMISSIONERS
WELD UN Y, COLORAD
9
Julie A. Cozad, Chair
Steve Moreno, Pro -Tern
EXCUSED
Sean P. Conway
Mike Freeman
arbara Kirkmeyer
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ANDREW CALL AND SAMANTHA GRIFFITH CALL
USR17-0051
1. The Site Specific Development Plan and Use by Special Review Permit, USR17-0051, is
for a Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial Zone District (landscape business) in the A (Agricultural) Zone District,
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 are: daylight hours, seven (7) days a week, during the months of
April through September, and 24 hours a day, seven (7) days a week, during the months
of October through March to provide for snow removal activities.
4. The number of employees shall be limited to twelve (12).
5. The parking area on the site shall be maintained.
6. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and
23-E of the Weld County Code.
7. This site is located within the Geological Hazard Overlay District.
8. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
9. The access on the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
10. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
11. The historical flow patterns and runoff amounts on the site will be maintained.
12. 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.
13. 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.
14. 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. The applicant shall operate in accordance with Chapter 14, Article I, of the
Weld County Code.
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15. Fugitive dust should attempt to be confined on the property. Uses on the property should
comply with the Colorado Air Quality Commission's Air Quality Regulations.
16. If the existing septic system is utilized for business use, the septic system 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. 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.
17. Adequate drinking, handwashing and toilet facilities shall be provided for employees of the
facility, at all times. Any septic system located on the property must comply with all
provisions of the Weld County Code, pertaining to Onsite Waste Water Treatment
Systems (OWTS).
18. For employees or contractors on -site for less than two (2) consecutive hours a day, and
two (2) or less full-time employees on -site, portable toilets and bottled water are
acceptable. Records of maintenance and proper disposal for portable toilets shall be
retained on a quarterly basis and available for review by the Weld County Department of
Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in
Weld County and shall contain hand sanitizers.
19. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
20. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan. Neither the direct, nor reflected, light from any light
source may create a traffic hazard to operators of motor vehicles on public or private
streets. No colored lights may be used which may be confused with, or construed as,
traffic control devices.
21. A building permit may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2012 International Codes,
2006 International Energy Code, and 2014 National Electrical Code. A building permit
application must be completed and two complete sets of engineered 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 or an open hole inspection.
22. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment 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 Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
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23. 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.
24. 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.
25. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under Title 34 of the Colorado Revised Statutes, minerals are vital
resources because: (a) the state's commercial mineral deposits are essential to the
state's economy; (b) the populous counties of the state face a critical shortage of such
deposits; and (c) such deposits should be extracted according to a rational plan, calculated
to avoid waste of such deposits and cause the least practicable disruption of the ecology
and quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and persons moving into these areas
must recognize the various impacts associated with this development. Oftentimes, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
26. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
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