HomeMy WebLinkAbout20120637 RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR12-0001, FOR USES SIMILAR TO THE USES LISTED AS USES BY
SPECIAL REVIEW (FIRE STATION AND TRAINING FACILITIES - BURN TOWER,
PUBLIC EVENTS) AS LONG AS THE USE COMPLIES WITH THE GENERAL INTENT
OF THE A (AGRICULTURAL) ZONE DISTRICT - PLATTE VALLEY FIRE
PROTECTION DISTRICT
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 7th day of
March, 2012, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of the Platte Valley Fire Protection District, P.O. Box 448, Kersey,
Colorado 80644, for a Site Specific Development Plan and Use by Special Review Permit,
USR12-0001, for Uses similar to the uses listed as Uses by Special Review (fire station and
training facilities —burn tower, public events) as long as the use complies with the general intent
of the A (Agricultural) Zone District, on the following described real estate, being more
particularly described as follows:
Lot A of Recorded Exemption, RECX11-0029;
being part of the SW1/4 of Section 16, Township 5
North, Range 64 West of the 6th P.M., Weld
County, Colorado
WHEREAS, at said hearing, the applicant was present and represented by Fred
Voseipka, RLH Engineering, Inc., 541 East Garden Drive, Unit S, Windsor, Colorado 80550,
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. Section
22-2-20.C (A.Goal 3) states, "County land use regulations recognize and
respect the rights afforded by the State Constitution and associated
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statutes of individually decreed water rights. Water rights are considered
real property and should be protected as any other private property right."
The Central Weld County Water District will provide water for the
proposed fire station, and a tap assignment has been issued by the
District (Tap #1382). The facility is proposing to install a well for the new
building fire suppression system and fire hydrants. The facility is in the
process of applying for a well permit by the Colorado Division of Water
Resources for this purpose.
b. Section 23-2-230.6.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Sections 23-3-40.A.2 and 23-3-40.R of
the Weld County Code allow for A Site Specific Development Plan and
Use by Special Review Permit for a Fire Station and supporting uses
(burn tower, ancillary offices, public meeting rooms) in the A (Agricultural)
Zone District.
c. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The facility is located
in an agricultural area on a Recorded Exemption lot containing an existing
residence and several outbuildings, which will still be utilized by the Fire
District. Adjacent properties to the north, east, and west are mainly
utilized for farming and rural residential. The Town of Kersey is located to
the south and across U.S. Highway 34. The Weld County Department of
Planning Services has not received any comments from the surrounding
property owners. The Conditions of Approval and Development
Standards will ensure that this use will be compatible with surrounding
land uses.
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 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-mile referral area and
IGA boundary for the Town of Kersey. The Town of Kersey was given a
Notice of Inquiry and stated that it does not intend to annex the property,
and indicated no conflicts with its interests in a referral dated February 8,
2012.
e. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. Effective April 25, 2011, building
permits issued on the proposed lot will be required to adhere to the fee
structure of the County-Wide Road Impact Fee Program. Effective
April 25, 2011, building permits issued on the proposed lot will be
required to adhere to the fee structure of the County Facility Fee and
Drainage Impact Fee Programs.
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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 facility is located on soils designated as
"Prime Irrigated Farmland," per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map. The size of the parcel utilized
for the Fire Station is seven (7) acres and will not be irrigated or farmed.
g. Section 23-2-230.6.7 -- The Design Standards (Section 23-2-240 of the
Weld County Code), Operation Standards (Section 23-2-250 of the 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 the Platte Valley Fire Protection District, for a
Site Specific Development Plan and Use by Special Review Permit, USR12-0001, for Uses
similar to the uses listed as Uses by Special Review (fire station and training facilities — burn
tower, public events) as long as the use complies with the general intent of 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. In the event washing of vehicles will occur on the site, the applicant shall
ensure that any vehicle washing area(s) shall capture all effluent and
prevent discharges from the washing of vehicles in accordance with the
Rules and Regulations of the Water Quality Control Commission, and the
Environmental Protection Agency. Vehicle washing areas should be
designated on the plat.
B. Prior to the demolition of any structure, the applicant shall obtain any
required demolition permits from the Weld County Department of Building
Inspection and conduct any asbestos related inspections as required by
Regulation 8 of the Colorado Air Quality Control Commission.
C. The applicant shall submit a Waste Handling Plan, for approval, to the
Environmental Health Services Division of the Weld County Department
of Public Health and Environment. The plan shall include at a minimum,
the following: (Condition was met 2/21/12)
1) A list of wastes which are expected to be generated on the site
(this should include expected volumes and types of waste
generated).
2) A list of the type and volume of chemicals expected to be stored
on the site.
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3) The waste handler and facility where the waste will be disposed
(including the facility name, address, and phone number).
D. The applicant shall submit written evidence from the Colorado Division of
Water Resources, demonstrating that the well is appropriately permitted
for the commercial use (building fire sprinkling system and fire hydrants).
E. One (1) month prior to construction activities:
1) The applicant shall submit evidence of a Colorado Discharge
Permit System or CDPS permit from the Colorado Department of
Public Health and Environment (CDPH&E), Water Quality Control
Division, to cover stormwater discharges from construction sites
(5 CCR-1002-61). Alternately, the applicant may provide
evidence from the CDPH&E that they are not subject to the CDPS
requirements. (New rule effective 3/2/2001). (Condition was met
2/21/12)
2) The applicant shall obtain a stormwater discharge permit from the
Water Quality Control Division of the Colorado Department of
Public Health and Environment. (Condition was met 2/21/12)
3) A grading permit is required. The grading permit application must
contain: an erosion and sediment control plan, a grading plan,
installation details of all BMP's to be utilized, typical installation
and maintenance notes for all BMP's to be utilized, and a copy of
the approved CDPHE stormwater permit.
F. Prior to the issuance of the Certificate of Occupancy:
1) An individual sewage disposal system is required for the proposed
facility and shall be installed according to the Weld County
Individual Sewage Disposal Regulations. Septic Permit,
SP-1200004, must receive final approval by the Environmental
Health Services Division of the Department of Public Health and
Environment.
2) The applicant shall submit evidence of an Underground Injection
Control (UIC) Class V Injection Well permit from the
Environmental Protection Agency (EPA) for any large-capacity
septic system (a septic system with the capacity to serve 20 or
more persons per day). Alternately, the applicant may provide
evidence from the EPA that they are not subject to the EPA
Class V requirements.
3) Existing septic system, Permit No. SE-1200004, must be
abandoned in accordance with Section 30-7-70 of the Weld
County Code pertaining to individual sewage disposal systems
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when the new septic system (Permit SP-1200004) is placed in
service.
G. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR12-0001.
2) The plat shall be prepared per Section 23-2-260.D of the Weld
County Code.
3) The attached Development Standards.
4) The existing western access point (entrance) labeled with the
Access Permit number(AP11-00484).
5) County Road 53 is a collector road and requires 80 feet of
right-of-way at full buildout. There is presently 60 feet of
right-of-way. This road is maintained by Weld County. Pursuant
to the definition of SETBACK in Section 23-1-90 of the Weld
County Code, the required setback is measured from the future
right-of-way line.
6) 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. Areas used for storage or trash
collection shall be screened from adjacent properties and public
rights-of-way. These areas shall be designed and used in a
manner that will prevent trash from being scattered by wind or
animals.
2. The applicant shall submit three (3) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
3. Upon completion of Conditions of Approval #1 and #2 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 the 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 one hundred eighty (180) days from the date of the Board of County
Commissioners Resolution. The applicant shall be responsible for paying the
recording fee.
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
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(Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps@co.weld.co.us.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 7th day of March, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:"Sead....7 4.,_ EXCUSED
Sean P. Con y, Chair
Weld County Clerk to the Board
7
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Deputy Cl4ck to the Boar; • ,04%.„._ 7aA.-- ii _ , ' L1-11:--71.-A---
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Date of signature: 2/4-/'-
2012-0637
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
PLATTE VALLEY FIRE PROTECTION DISTRICT
USR12-0001
1. A Site Specific Development Plan and Use by Special Review Permit, USR12-0001, is
for Uses similar to the Uses listed as Uses by Special Review (fire station and training
facilities - burn tower, public events) as long as the Use complies with the general intent
of the A (Agricultural) Zone District.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. Hours of operation will be 24 hours a day, seven days a week.
4. Due to the use of the property, the Department of Planning Services will not limit the
amount of employees or public who occupy the buildings since this will be dictated by
Occupancy levels per the Fire Code.
5. 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.
6. 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.
7. 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.
8. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
9. Any vehicle washing area(s) shall capture all effluent and prevent discharges from drum
washing and the washing of vehicles in accordance with the Rules and Regulations of
the Water Quality Control Commission, and the Environmental Protection Agency.
10. 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.
11. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District, as delineated in Section 14-9-30 of the Weld County Code.
Emergency vehicles are exempt from the noise levels.
12. Adequate drinking, hand washing, and toilet facilities shall be provided for employees
and patrons of the facility, at all times.
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13. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
14. The facility shall utilize the existing public water supply (Central Weld County Water
District).
15. Adequate toilet facilities (portable toilets) and hand washing units shall be provided
during the construction of the facility.
16. Bottled water shall be utilized for drinking during construction of the project.
17. All potentially hazardous chemicals must be handled in a safe manner, in accordance
with product labeling. All chemicals must be stored secure, on an impervious surface,
and in accordance with manufacturer's recommendations.
18. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
19. Pursuant to Chapter 15, Articles I and II, of the Weld County Code, if 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. All
vegetation, other than grasses, needs to be maintained at a maximum height of
twelve (12) inches until the area is completely developed.
20. The historical flow patterns and runoff amounts will be maintained on the site in such a
manner that it will reasonably preserve the natural character of the area and prevent
property damage of the type generally attributed to runoff rate and velocity increases,
diversions, concentration, and/or unplanned ponding of storm runoff.
21. The applicant must take into consideration stormwater capture/quantity and provide
accordingly for Best Management Practices.
22. Weld County is not responsible for the maintenance of drainage related features.
23. The landscaping/screening on the site shall be maintained in accordance with the
approved Landscape/Screening Plan.
24. 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; and neither direct nor reflected light from any light source may create a traffic
hazard to operators of motor vehicles on public or private streets and no colored lights
may be used which might be confused with, or construed as, traffic control devices.
25. All buildings and structures shall conform to the requirements of the various codes
adopted at the time of permit application. Currently, the following have been adopted by
Weld County: 2006 International Building Code; 2006 International Mechanical Code;
2006 International Plumbing Code: 2006 International Energy Code; 2006 International
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Fuel Gas Code; 2011 National Electrical Code; 2003 ANSI 117.1 Accessibility Code and
Chapter 29 of the Weld County Code.
26. Effective April 25, 2011, building permits issued on the proposed lot will be required to
adhere to the fee structure of the County-Wide Road Impact Fee Program.
27. Effective April 25, 2011, building permits issued on the proposed lot will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee
Programs.
28. 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.
29. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
30. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
31. 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.
32. 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.
33. 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.
34. 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 plat.
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