HomeMy WebLinkAbout20091438.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY
SPECIAL REVIEW PERMIT #954 FOR AN EXPANSION OF A NON -CONFORMING
USE (FLOW METERING FACILITY) IN THE A (AGRICULTURAL) ZONE DISTRICT -
COLORADO ENGINEERING EXPERIMENT STATION, INC.
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 24th day
of June, 2009, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Colorado Engineering Experiment Station, Inc., 54043 County
Road 37, P.O. Box 41, Nunn, Colorado 80648, for a Site Specific Development Plan and
Amended Use by Special Review Permit #954 for an expansion of a Non -Conforming Use (flow
metering facility) in the A (Agricultural) Zone District, on the following described real estate,
being more particularly described as follows:
Part of the SE1/4 of Section 36, Township 10
North, Range 66 West of the 6th P.M., Weld
County, Colorado
WHEREAS, at said hearing, the applicant was represented by Eric Harman and Roger
Shaffer, 54043 County Road 37, Nunn, Colorado 80648, 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.
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 22-2-100.E (C.Goal 5) states, "Minimize the incompatibilities that
occur between commercial uses and surrounding properties."
Section 22-2-100.E.1 (C.Policy 5.1) states, "Consider the compatibility
with surrounding land uses and natural site features." The facility is
located on land that was formerly utilized as an Atlas E Missile site.
Surrounding lands are in rangeland and pasture. The Conditions of
Approval and Development Standards will ensure that the proposed use
2009-1438
PL0851
00 ?LI ,&& )4477" L" 07/r74oi
AMENDED USE BY SPECIAL REVIEW PERMIT #954 - COLORADO ENGINEERING
EXPERIMENT STATION, INC.
PAGE 2
will be compatible with the vicinity. Chapter 23, Article VII, of the Weld
County Code, addresses Nonconforming Lots, Uses and Structures, more
specifically described in Section 23-7-30, Nonconforming uses of land.
The Flow Metering facility, approved through USR-954, is located on
non-productive farm ground and will not interfere with crop or livestock
production. As an expansion of a non -conforming use, this amendment is
to update the plat to the current condition and to permit the new
structures.
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.N of the Weld County
Code provides for a Site Specific Development Plan and Use by Special
Review Permit for the expansion or extension of the Non -Conforming Use
in the A (Agricultural) Zone District. The property has been classified as a
non -conforming use since the land was utilized by the Federal
Government for an Atlas E Missile system. In approximately 1965, the
property was utilized by Colorado Engineering Experiment Station, Inc.
(CEESI), as a flow metering facility used for the calibration of flow meters.
The property was zoned A (Agricultural) on January 5, 1977, therefore,
the existing facility was a legal nonconforming use of land and structures.
This application for the facility expansion is required under
Section 23-7-30.A.1 of the Weld County Code which states, "No such
nonconforming use shall be enlarged or increased, nor extended to
occupy a greater area of land than was occupied at the effective date of
adoption of the ordinance codified herein or amendment of this Chapter
without first having received an Amended Use by Special Review Permit
pursuant to the procedure established in Chapter 23, Article II, Division 4,
of the Weld County Code."
c. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The surrounding
property is dryland pasture and is agricultural in nature with a few
residences located approximately one and one-half miles to the south.
There are four property owners on five parcels within 500 feet of the
property. The Town of Nunn is approximately four miles to the southwest
of the Amended Use by Special Review area. The Conditions of
Approval and Development Standards, including the remoteness of the
facility, will ensure compatibility with the surrounding area.
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 not located within three miles of a municipality
or County.
2009-1438
PL0851
AMENDED USE BY SPECIAL REVIEW PERMIT #954 - COLORADO ENGINEERING
EXPERIMENT STATION, INC.
PAGE 3
e. Section 23-2-230.8.5 -- The site does lie within several Overlay
Districts. Effective 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.
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. This criterion is not applicable.
g
Section 23-2-230.B.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 Colorado Engineering Experiment Station, Inc.,
for a Site Specific Development Plan and Amended Use by Special Review Permit #954 for an
expansion of a Non -Conforming Use (flow metering facility) 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 applicant shall address the requirements and concerns of the Weld
County Department of Building Inspection, as stated in the referral
response dated March 31, 2009. Evidence of such shall be submitted, in
writing, to the Weld County Department of Planning Services.
B. The applicant shall address the requirements and concerns of the Weld
County Office of Emergency Management, as stated in the referral
response dated April 1, 2009, specific to, but not limited to, storage of
Hazmat (Coil, Fuel, etcetera) and evidence that the facility is compliant
with SARA Title 3. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
The applicant shall address the requirements and concerns of the Weld
County Department of Public Works, as stated in the referral response
dated April 23, 2009, specific to, but not limited to, the calculations,
location, and description of the water quality feature. Evidence of such
shall be submitted, in writing, to the Weld County Department of Planning
Services.
D. The applicant shall address the requirements and concerns of the Weld
County Department of Public Health and Environment, referral dated
December 15, 2008. Evidence of such shall be submitted, in writing, to
the Weld County Department of Planning Services.
2009-1438
PL0851
AMENDED USE BY SPECIAL REVIEW PERMIT #954 - COLORADO ENGINEERING
EXPERIMENT STATION, INC.
PAGE 4
E. The applicant shall submit a Property Maintenance Plan to the
Department of Planning Services, for review and approval. The
Maintenance Plan shall be in compliance with Section 23-2-250.6.7 of the
Weld County Code.
F. The applicant shall submit a Dust Abatement Plan, for review and
approval, to the Environmental Health Services Division of the Weld
County Department of Public Health and Environment. Evidence of
approval from the Department of Public Health and Environment shall be
submitted to the Department of Planning Services.
G. 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. Evidence of approval from the
Department of Public Health and Environment shall be submitted to the
Department of Planning Services. The plan shall include, at a minimum,
the following:
1. A list of the 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.
3. The waste handler and facility where the waste will be disposed of
(including the facility name, address, and phone number).
H. The applicant shall submit evidence of a Colorado Discharge Permit
System (CDPS) from the Water Quality Control Division of the Colorado
Department of Public Health and Environment for any proposed
discharge into State waterways, if applicable. Evidence of approval from
the Department of Public Health and Environment shall be submitted to
the Department of Planning Services.
In the event the facility's water system serves more 25 persons on a daily
basis, the water system shall comply with the Colorado Primary Drinking
Water Regulations (5 CCR 1003-1). Evidence that the system complies
with the regulations shall be provided to Environmental Health Services
Division of the Weld County Department of Public Health and
Environment, from the Colorado Department of Health and Environment.
Evidence of approval from the Department of Public Health and
Environment shall be submitted to the Department of Planning Services.
J. In the event the septic system requires a design capacity of over 2,000
gallons of sewage per day, the applicant shall provide evidence that all
2009-1438
PL0851
AMENDED USE BY SPECIAL REVIEW PERMIT #954 - COLORADO ENGINEERING
EXPERIMENT STATION, INC.
PAGE 5
requirements of the Water Quality Control Division (WQCD) of the
Colorado Department of Public Health and Environment (specifically
Policies WQSA-6 and WQSA-8) have been satisfied. Evidence of
compliance shall be provided to the Weld County Department of Public
Health and Environment. Alternately, the applicant may provide evidence
from the WQCD that they are not subject to these requirements.
Evidence of approval from the Department of Public Health and
Environment shall be submitted to the Department of Planning Services.
K. The plat shall be amended to delineate the following:
1) All sheets shall be labeled USR-1684.
2) All sheets of the plat shall be prepared in accordance with
Section 23-2-260.D of the Weld County Code.
3) The attached Development Standards.
4) The plat shall delineate any signs in compliance with Chapter 23,
Article IV, Division 2, of the Weld County Code.
5) A legend on the plat, which identifies the septic permit number
which is associated with each "drain field".
6) County Road 37 is designated on the Weld County Road
Classification Plan as a local paved road, which requires 60 feet of
right-of-way at full buildout. The applicant shall verify 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.
If the right-of-way cannot be verified, it shall be dedicated. This
road is maintained by Weld County.
7) Should exterior lighting be a part of this facility, all light standards
shall be delineated on the plat and be in accordance with
Section 23-3-250.B.6 of the Weld County Code.
8) The applicant shall provide a Parking Plan which designates
parking spots for employees, customers, and business/delivery
trucks. The parking locations shall be dimensioned and shown
according to Section 23-2-260 of the Weld County Code.
9) The Department of Planning Services has determined from the
application materials that fifty (50) parking spaces and two (2)
Americans with Disabilities Act (ADA) parking spaces will be
required on the site. Each parking space shall be equipped with
wheel guards, where needed, to prevent vehicles from extending
2009-1438
PL0851
AMENDED USE BY SPECIAL REVIEW PERMIT #954 - COLORADO ENGINEERING
EXPERIMENT STATION, INC.
PAGE 6
beyond the boundaries of the space and from coming into contact
with other vehicles, walls, fences, sidewalks, or plantings.
10) The approved location of the water quality feature for stormwater
containment.
11) The off-street parking spaces, including the access drive, shall be
surfaced with gravel, asphalt, concrete, or the equivalent, and
shall be graded to prevent drainage problems. The location and
type of surfacing material shall be delineated on the plat.
12) The applicant shall submit two (2) paper copies of the plat for
preliminary approval to the Weld County Department of Planning
Services.
2. Upon completion of Condition of Approval #1 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.
3. The Department of Planning Services respectfully requests the surveyor provide
a digital copy of this Amended 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 dhuerter@co.weld.co.us.
4. Prior to operation:
A. The applicant shall provide a written sign -off from the Nunn Fire
Protection District to the Department of Building Inspection.
B. The applicant shall provide a written sign -off from the Office of
Emergency Management.
5. 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.
2009-1438
PL0851
AMENDED USE BY SPECIAL REVIEW PERMIT #954 - COLORADO ENGINEERING
EXPERIMENT STATION, INC.
PAGE 7
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 24th day of June, A.D., 2009.
ATTEST:
Weld County Clerk to the Boa
BY: _
AP
u�y Clerthe Board
ED A�� ' M:
my attorney
BOARD OF CO NTY COMMISSIONERS
ELD OIdN COLORADO
m F. Gar ia, Chair
glfls Radem cher, Pro -Tern
c
Sean Conway
F"(" LF1
Barb Kirkmeyer
Date of signature: 7II Icx,
David E. Long
2009-1438
PL0851
SITE SPECIFIC DEVELOPMENT PLAN
AMENDED USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
COLORADO ENGINEERING EXPERIMENT STATION, INC.
AMUSR #954
1. A Site Specific Development Plan and Amended Use by Special Review Permit #954 is
for an expansion of a Non -Conforming Use (flow metering facility) in the A (Agricultural)
Zone District and subject to the Development Standards stated hereon.
Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
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 which 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 which controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions.
6. The facility shall operate in accordance with the approved Waste Handling Plan
7. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The
applicant shall operate in accordance with the approved Dust Abatement Plan.
This facility shall adhere to the maximum permissible noise levels allowed in the
Industrial Zone District, as delineated in Section 14-9-30 of the Weld County Code.
9. Adequate hand washing and toilet facilities shall be provided for employees and patrons
of the facility, at all times.
10. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
11. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes (Well Permit #251664).
12. Well Permit #251664 cannot be used for any outside use, including landscape irrigation.
13. All potentially hazardous chemicals must be stored and handled in a safe manner in
accordance with product labeling and in a manner which minimizes the release of
hazardous air pollutants and volatile organic compounds.
2009-1438
PL0851
DEVELOPMENT STANDARDS - COLORADO ENGINEERING EXPERIMENT STATION, INC.
(AMUSR #954)
PAGE 2
14. The applicant shall comply with all provisions of the State Underground and Above
Ground Storage Tank Regulations.
15. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the
Colorado Department of Public Health and Environment, Water Quality Control Division.
16. This application proposes a well as its source of water. The applicant shall be made
aware that while they may be able 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.
17. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
18. A building permit application must be completed and two sets of plans, including
engineered foundation 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.
19. A plan review shall be approved and a permit issued prior to the start of construction.
20. Building height shall be measured in accordance with the 2006 International Building
Code for the purpose of determining the maximum building size and height for various
uses and types of construction and to determine compliance with the Bulk Requirements
from Chapter 23 of the Weld County Code. Building height shall be measured in
accordance with Chapter 23 of the Weld County Code in order to determine compliance
with offset and setback requirements. When measuring buildings to determine offset
and setback requirements, buildings are measured to the farthest projection from the
building. Property lines shall be clearly identified and all property pins shall be staked
prior to the first site inspection.
21. The 2006 International Building, Residential, Plumbing, Mechanical, Fuel Gas and
Energy Conservation Codes, the 2008 National Electrical Code, and Chapter 23 of the
Weld County Code shall be enforced.
22. A letter of approval shall be provided to the Department of Building Inspection from the
Nunn Fire Protection District prior to construction of any structure.
23. If exterior lighting is proposed to be a part of this facility, all light standards shall be
delineated in accordance with Section 23-3-250.B.6 of the Weld County Code.
24. 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.
2009-1438
PL0851
DEVELOPMENT STANDARDS - COLORADO ENGINEERING EXPERIMENT STATION, INC.
(AMUSR #954)
PAGE 3
25. There shall be no more than forty-nine (49) employees on the site at any given time.
26. 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.
27. 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 and the
Stormwater/Drainage Impact Fee Programs.
28. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
29. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
30. 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.
31. 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.
32. 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.
2009-1438
PL0851
Hello