HomeMy WebLinkAbout20150468.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR14-0076, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY
USE OR USE BY SPECIAL REVIEW PERMIT IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (OFFICE FOR A SPEECH THERAPY CENTER)
PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR
RECORDED SUBDIVISION PLAT OR PART OF A MAP OR PLAN FILED PRIOR TO
ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE
A (AGRICULTURAL) ZONE DISTRICT- JOHN AND BRANDILYNN GREIG
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 18th day
of February, 2015, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of John and BrandiLynn Greig,17548 CR 13, Platteville, CO 80651, for a
Site Specific Development Plan and Use by Special Review Permit, USR14-0076, for a Use
permitted as a Use by Right, Accessory Use or Use by Special Review Permit in the
Commercial or Industrial Zone Districts (office for a speech therapy center) provided that the
property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed
prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District,
on the following described real estate, being more particularly described as follows:
Lot 2 of Subdivision Exemption, SE-842; being part
of the SW1/4 NW1/4 of Section 6, Township 3
North, Range 67 West of the 6th P.M., Weld
County, Colorado
WHEREAS, at said hearing, the applicant was 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 23-2-230.6 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.
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SPECIAL REVIEW PERMIT (USR14-0076) - JOHN AND BRANDILYNN GREIG
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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."
2) 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, and should attempt
to be compatible with the region." The applicant is proposing to
construct a 6,000 square-foot speech therapy office. The
application materials state that there will be 10 employees and 25
families daily that access the site. The hours of operation are
proposed to be 5:00 a.m. - 8:30 p.m., Monday thru Sunday. The
applicant received approval of the second access point from the
Board of County Commissioners on November 19, 2014. This
USR appears to be compatible with the region. The Department
of Planning Services is requesting that the Lighting Plan and the
Landscaping/Screening plan for the parking area be shown on the
USR map.
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. of the Weld County
Code 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
(office for a speech therapy center) provided that the property is not a lot
in an approved or recorded subdivision plat or part of a map or plan filed
prior to adoption of any regulations controlling subdivisions 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 adjacent
properties are mainly utilized for pastures, crops, and rural residences.
The closest residence is about 110 feet south of the site's existing
residence. There is one (1) USR located within one mile of this parcel and
it is AmUSR-935 for a landscaping supply business. The Weld County
Department of Planning Services has not received any correspondence
from the surrounding property owners related to this USR. The Conditions
of Approval and the Development Standards for this proposal will assist in
mitigating the impacts of the facility on the adjacent properties and ensure
compatibility with surrounding land uses.
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 the three (3) mile referral area of
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SPECIAL REVIEW PERMIT (USR14-0076) - JOHN AND BRANDILYNN GREIG
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the Towns of Berthoud, Mead, and Johnstown. The Town of Johnstown,
in the referral comments dated November 20, 2014, indicated that they
have no concerns. The Towns of Berthoud and Mead did not respond
with any comments.
E. Section 23-2-230.6.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. 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 USR is on approximately 4.93 acres of
"Other Land," per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. This 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 John and BrandiLynn Greig, for a Site Specific
Development Plan and Use by Special Review Permit, USR14-0076, for a Use permitted as a
Use by Right, Accessory Use or Use by Special Review Permit in the Commercial or Industrial
Zone Districts (office for a speech therapy center) provided that the property is not a lot in an
approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any
regulations controlling subdivisions 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 map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR14-0076.
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) Lighting that adheres to the Weld County Code.
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6) Signage that adheres to the Weld County Code.
7) A Parking Plan that adheres to Appendices 23-A and 23-B of the
Weld County Code.
8) County Road (CR) 13 is designated on the Weld County Road
Classification Plan as a paved arterial road, which requires 140
feet of right-of-way at full buildout. The applicant shall verify and
delineate on the map the existing right-of-way and the documents
creating the right-of-way. All setbacks shall be measured from the
edge of future right-of-way. This road is maintained by Weld
County.
9) The applicant shall show the approved access(es) on the map and
label with the approved access permit number (AP14-00468).
10) The applicant shall show the accepted water quality feature on the
map with volume and label as "Water Quality Feature, No-Build or
Storage Area."
11) The applicant shall show and label the drainage flow arrows,
turning radii, and parking and circulation on the map.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
an electronic version (.pdf), or one (1) paper copy, of the plat to the Weld County
Department of Planning Services for preliminary approval. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. Upon approval of the plat, the applicant shall submit a Mylar plat,
along with all other documentation required as Conditions of Approval. The Mylar
plat and additional requirements shall be submitted within one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution. The
Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder
by the Department of Planning Services. The applicant shall be responsible for
paying the recording fee.
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the plat not be recorded within the required one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution, a
$50.00 recording continuance charge shall added for each additional three (3)
month period.
4. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or
ArcGIS Personal GeoDataBase (MDB). The preferred format for Images is .tif
(Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps@co.weld.co.us.
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5. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading
Permit will be required prior to the start of construction. The applicant
shall contact the Department of Planning Services for application
information.
6. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review map
is ready to be recorded in the office of the Weld County Clerk and Recorder or
the applicant has been approved for an early release agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of February, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, COL RADO
ATTEST:die/Li `$- C - ;a
arbara Kirkmeyer Chair
Weld County Clerk to the Bdard
Mike Freeman, Pro-Tern
BY: L .E �! ,/!� �. ! 1E as
Dep t OClerk to th- Board
�R ;L^�a.4O -an P. Conway
APPROVED AS TO FORM: ��/�� I
0R . 4 u ie A. .zad �
County Attorney / /c-C>n P _
/ Steve Moreno
Date of signature: Dig
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JOHN AND BRANDILYNN GREIG
USR14-0076
1. A Site Specific Development Plan and Use by Special Review Permit, USR14-0076, is
for a Use permitted as a Use by Right, Accessory Use or Use by Special Review Permit
in the Commercial or Industrial Zone Districts (office for a speech therapy center)
provided that the property is not a lot in an approved or recorded subdivision plat or part
of a map or plan filed prior to adoption of any regulations controlling subdivisions 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 number of on-site employees shall be commensurate with the number of persons
which the septic system may accommodate in accordance with the requirements of the
Weld County Code, pertaining to On-site Wastewater Treatment System (O.W.T.S.)
Regulations.
4. The hours of operation are 5:00 a.m. - 8:30 p.m., Monday — Sunday.
5. The parking on the site shall be maintained in accordance with the approved Parking
Plan.
6. The signage on the site shall be maintained in accordance with the Weld County Code.
7. Should noxious weeds exist on the property, or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
8. The historical flow patterns and runoff amounts will be maintained on the site.
9. Weld County is not responsible for the maintenance of on-site drainage related features.
10. There shall be no parking or staging of vehicles on County roads. On-site parking shall
be utilized.
11. 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.
12. 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.
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13. 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 facility shall operate in accordance with the approved Waste Handling
Plan, at all times.
14. 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.
15. This facility shall adhere to the maximum permissible noise levels allowed in the
Non-Specified Zone, as delineated in Section 14-9-30 of the Weld County Code.
16. Adequate drinking, hand washing and toilet facilities shall be provided for employees
and patrons of the facility, at all times. 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. Any additional hydraulic load to an existing septic system will require an evaluation from
a Colorado registered professional engineer. The engineer's evaluation shall be
submitted to the Environment Health Division of Weld County. In the event the system is
found to be inadequate, the system must be brought into compliance with current Weld
County On-site Wastewater Treatment Systems Regulations.
18. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
19. 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 of the adjacent
properties in accordance with the plan. Neither the direct, not 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.
20. Building permits 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 2011 National Electrical Code. A Building Permit
Application must be completed and two (2) 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 Colorado registered
engineer, shall be required or an Open Hole Inspection.
21. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
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. 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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