HomeMy WebLinkAbout20090721.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1686 FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (CUSTOM SEEDING BUSINESS) IN THE A (AGRICULTURAL) ZONE
DISTRICT - TURNPIKE LIMITED LIABILITY COMPANY
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 1st day of
April, 2009, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Turnpike Limited Liability Company, 3964 Highway 79, Keenesburg, Colorado
80643, for a Site Specific Development Plan and Use by Special Review Permit #1686 for a
Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial
or Industrial Zone Districts (custom seeding business) in the A (Agricultural) Zone District, on
the following described real estate, being more particularly described as follows:
Lot B of Recorded Exemption #1514; being part of
the NW1/4 of Section 9, Township 1 North,
Range 63 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Corey Huwa, 43031 State
Highway 52, Roggen, Colorado 80652, at said hearing, 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.G (A.Goal 7) states, "County land use regulations should
protect the individual property owner's right to request a land use
change." Section 22-2-20.G.1 (A.Policy 7.1) states, "County land use
regulations should support commercial and industrial uses that are
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SPECIAL REVIEW PERMIT #1686 - TURNPIKE LIMITED LIABILITY COMPANY
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directly related to, or dependent upon, agriculture, to locate within the
agricultural areas, when the impact to surrounding properties is minimal,
or can be mitigated, and where adequate services are currently available
or reasonably obtainable." The proposed use is directly related to the
agricultural industry and supports the applicant's 6,000 -acre family
farming operation. The business is located approximately 1,200 feet from
the County Road and is approximately 1,400 feet from the nearest
residence. The applicant has planted trees to screen the outdoor parking
areas from the surrounding properties; therefore, the impacts on the
surrounding area have been minimized.
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 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,
(custom seeding business) in the A (Agricultural) Zone District. Currently,
the property is in violation (ZCV08-00125) for the presence of a custom
seeding business without an approved and recorded Use by Special
Review (USR) permit. Upon approval of the USR, the violation will be
closed.
c. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The surrounding
properties to the north, south, east, and west are zoned A (Agricultural)
and are primarily utilized for single family homes and agricultural uses.
Therefore, given the minimal impact of the proposed custom seeding
business, the use will be compatible with the surrounding agricultural 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 property is not located within an Intergovernmental
Agreement area, but does lies within the three-mile referral area for the
Town of Keenesburg. The Town of Keenesburg, in the referral dated
December 17, 2008, indicated it has reviewed the request and finds no
conflicts with its interest. The surrounding area is agricultural in nature,
with several residences in the area. The Conditions of Approval and
Development Standards will ensure that the use will be compatible with
existing surrounding land uses.
e. Section 23-2-230.6.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. The existing site is within the
County -Wide Road Impact Fee Area and the Capital Expansion Impact
Fee, but not in the Stormwater/Drainage Impact Fee area. Effective
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SPECIAL REVIEW PERMIT #1686 - TURNPIKE LIMITED LIABILITY COMPANY
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January 1, 2003, building permits issued on the proposed lots will be
required to adhere to the fee structure of the County -Wide Road Impact
Fee Program. Effective August 1, 2005, building permits issued on the
subject site will be required to adhere to the fee structure of the Capital
Expansion Impact Fee Program.
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 subject site is primarily classified as "Prime Irrigated
Farmlands of National Importance" as delineated on the Important
Farmlands of Weld County Map, dated 1979. This size of the USR
boundary (49.8 acres) is currently developed and, therefore, is not
conducive to agricultural uses. The applicant is currently farming the
remaining 103.76 acres.
g.
Section 23-2-230.B.7 — There are adequate provisions for the protection
of the health, safety, and welfare of the inhabitants of the neighborhood
and County. 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 Turnpike Limited Liability Company for a Site
Specific Development Plan and Use by Special Review Permit #1686 for a Use Permitted as a
Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone
Districts (custom seeding business) 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 plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled USR-1686.
B. The attached Development Standards.
C. County Road 65 is classified by the County as a local gravel road, which
requires a 60 -foot right-of-way at full buildout. The applicant shall verify
the existing right-of-way and the documents creating the right-of-way. If
the right-of-way cannot be verified, it shall be dedicated. The plat shall
delineate the existing right-of-way and the documents which created it,
along with any additional right-of-way reservation required.
The plat shall be prepared in accordance with Section 23-2-260.D of the
Weld County Code.
E. A 60 -foot radius for the access on County Road 65.
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F. The applicant shall delineate stop blocks for the parking stalls in front of
the office.
The width of the access road shall be delineated on the plat, along with
the dimensions of the proposed pole barn.
State Highway 52 requires 150 feet of right-of-way at full buildout. A total
of 75 feet from the centerline of State Highway 52 shall be delineated as
future right-of-way for the future expansion of State Highway 52. The plat
shall delineate the existing right-of-way and the documents which created
it, along with any additional future right-of-way required.
I. The applicant shall define the property boundary for the site
J. The applicant shall delineate the trash collection areas. These areas
shall be designed and used in a manner which will prevent trash from
being scattered by wind or animals.
K. The applicant shall include, on the plat, the existing bridge located
approximately 80 feet from the access, and the existing irrigation ditch on
the property adjacent to County Road 65.
2. The applicant shall address the requirements and concerns of the Weld County
Department of Public Works, as stated in the referral response dated January 12,
2009, and E-mail dated February 24, 2009. Written evidence of such shall be
submitted to the Weld County Department of Planning Services.
3. The applicant shall submit, to the Weld County Department of Planning Services,
a recorded copy of the easement for the commercial well, including access and
operation maintenance of the well. This agreement shall be delineated on the
plat and an appropriate certificate using the language set forth in the Weld
County Code, Appendix 24-F.E, shall be included.
4. A copy of the pesticide applicator's license, from the Colorado Department of
Agriculture, shall be provided to the Environmental Health Services Division of
the Weld County Department of Public Health and Environment. Written
evidence of approval by the Weld County Department of Public Health and
Environment shall be submitted to the Weld County Department of Planning
Services.
5. The applicant shall submit evidence of a Colorado Discharge Permit System
(CDPS) from the Water Quality Control Division of the Colorado Department of
Health and Environment for any proposed discharge into state waterways, if
applicable. Written evidence of approval by the Weld County Department of
Public Health and Environment shall be submitted to the Weld County
Department of Planning Services.
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6. The applicant shall either submit a copy of an agreement with the property's
mineral owner/operators stipulating that the oil and gas activities have been
adequately incorporated into the design of the site, or, show evidence that an
adequate attempt has been made to mitigate the concerns of the mineral
owner/operators. Drill envelopes may be delineated on the plat, in accordance
with the State requirements, as an attempt to mitigate concerns. The plat shall
be amended to include any possible future drilling sites.
7. The applicant shall submit a Private Improvements Agreement According to
Policy Regarding Collateral and an itemized bid for all improvements to the Weld
County Department of Planning Services. The agreement and form of collateral
shall be reviewed by County staff and accepted by the Board of County
Commissioners prior to recording the Use by Special Review plat. Alternately,
the applicant may submit evidence that all the work has been completed and
approved by County staff.
8. Upon completion of Conditions of Approval #1 through #7 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 thirty (30) days from the date of the Board of County
Commissioners Resolution. The applicant shall be responsible for paying the
recording fee.
9. In accordance with Weld County Code Ordinance #2005-7, approved June 1,
2005, should the plat not be recorded within the required thirty (30) 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.
10. The Department of Planning Services respectfully requests the surveyor provide
a digital copy of this Use by Special Review. Acceptable CAD formats are .dwg,
.dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles,
Arclnfo Coverages and Arclnfo Export files format type is .e00. 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.
11. 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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 1st day of April, A.D., 2009.
ATTEST:
Weld county Clerk to the B
BY:
lat
Dep
APPRb
ounty Attorney
Date of signature: to°1
BOARD OF UNTY COMMISSIONERS
COLORADO
liam F. Garcia, Chair
Douglas "ademach. r, Pro-Tem
EXCUSED
Se n P. Conway
arbara Kirkm�ybr
David E. Long
ThJ 4
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
TURNPIKE LIMITED LIABILITY COMPANY
USR #1686
1. A Site Specific Development Plan and Use by Special Review Permit #1686 is for a Use
Permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts, (custom seeding business) in the
A (Agricultural) Zone District, 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 of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions.
6. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
7. 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.
8. 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.
9. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
10. The applicant shall comply with Colorado Retail Food Establishment Rules and
Regulations governing the regulation of food service establishments.
11. Adequate drinking, hand washing, and toilet facilities shall be provided for employees
and patrons of the facility, at all times.
12. 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.
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13. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and
handled in a safe manner in accordance with product labeling, and in a manner that
minimizes the release of hazardous air pollutants and volatile organic compounds.
14. Any vehicle washing areas shall capture all effluent and prevent discharges in
accordance with the Rules and Regulations of the Water Quality Control Commission,
and the Environmental Protection Agency.
15. The applicant shall comply with all provisions of the Underground and Above Ground
Storage Tank Regulations (7 CCR 1101-14).
16. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the
Colorado Department of Public Health and Environment, Water Quality Control Division.
17. This application is proposing a well as its source of water. The applicant shall be made
aware that while it may be possible to obtain a well permit from the Office of the State
Engineer, Division of Water Resources, the quantity of water available for usage may be
limited to specific uses, i.e. domestic use only, etcetera. Also, the applicant shall be
made aware that groundwater may not meet all drinking water standards, as defined by
the Colorado Department of Public Health and Environment. The applicant is strongly
encouraged to test the drinking water prior to consumption and periodically test it over
time.
18. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
19. Effective January 1, 2003, building permits issued on the lot will be required to adhere to
the fee structure of the County -Wide Road Impact Fee Program.
20. Effective August 1, 2005, building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee Program.
21. The property owner shall allow any mineral owner the right of ingress or egress for the
purposes of exploration, development, completion, recompletion, re-entry, production,
and maintenance operations associated with existing, or future, operations located on
these lands.
22. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
23. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
24. A building permit shall be obtained prior to the change of use or construction of any new
structures.
25. A plan review is required for each building for which a building permit is required. Two
complete sets of plans are required when applying for each permit. The applicant shall
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include a Code Analysis Data Sheet, provided by the Weld County Department of
Building Inspection, with each building permit submittal. Plans shall include a floor plan
showing the specific uses of each area for the building. The Occupancy Classification
will be determined by Chapter 3 of the 2006 International Building Code. The plans shall
also include the design for fire separation and occupancy separation walls, when
required by Chapters 5 and 7 of the 2006 International Building Code. Fire Protection
shall conform to Chapter 9 and the exiting requirements of Chapter 10.
26. Buildings 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 Fuel Gas Code, 2008 National Electrical Code, and
Chapter 29 of the Weld County Code.
27. All building plans shall be submitted to the Southeast Weld Fire Protection District for
review and approval prior to the issuance of building permits.
28. 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.
29. The landscaping on the site shall be maintained in accordance with the approved
Landscape and Screening Plan.
30. The site shall be limited to no more than fifty-five (55) on -site employees.
31. 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.
32. Weld County Government personnel 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.
33. 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.
34. The property owner or operator shall be responsible for complying with all of the
foregoing Development Standards. Noncompliance with any of the foregoing
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Development Standards may be reason for revocation of the Permit by the Board of
County Commissioners.
35. Prior to the Use by Special Review area being leased, transferred, or sold, the applicant
shall apply, in writing, and receive written approval in the appropriate County land
division process (Recorded Exemption, Subdivision, Planned Unit Development, or
Subdivision Exemption).
36. The access to the business shall be located on County Road 65 only.
37. 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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