HomeMy WebLinkAbout20093199.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1721 FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (CONSTRUCTION COMPANY) IN THE A (AGRICULTURAL) ZONE
DISTRICT — DAN LACOE
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 16th day
of December, 2009, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Dan LaCoe, 11705 Julius Street, Fort Lupton, Colorado 80621, for a
Site Specific Development Plan and Use by Special Review Permit #1721 for a Use Permitted
as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial
Zone Districts (construction company) in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
Part of the S1/2 of Section 33, Township 1 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicant was present 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 23-2-230.6 of the Weld County Code as follows:
a. Section 23-2-230.6.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
Section 22-2-20.G2 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 proposed
facility is located on farm ground. The nearest single family residences
are located approximately one -eighth mile from the site. The applicant is
proposing to berm around the equipment area for drainage and
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SPECIAL REVIEW PERMIT #1721 - DAN LACOE
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screening. The site is located approximately one (1) mile east of an
existing industrial trade school facility (USR-1616, approved by the Board
of County Commissioners, in 2008, for an electric lineman apprenticeship
trade school).
b. Section 23-2-230.6.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.R of the Weld County
Code provides for a uses permitted as Uses by Right, Accessory Uses, or
Uses by Special Review in the Commercial or Industrial Zone Districts as
a Use by Special Review 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 proposed facility
is located on farm ground. The nearest single family residence is located
approximately one -eighth of a mile north of the proposed vehicle and
equipment storage area, and three (3) single family residences are
located approximately one -eighth of a mile from the south end of the
proposed office shop and parking area. The site slopes from south to
north, toward the middle of the property, and then slopes to the south
again. The proposed vehicle storage area will be partially screened from
County Road 2, due to the topography of the site. The Landscape/
Screening Plan will address screening of vehicle/equipment storage area
from the property to the north, and of the office/shop and parking area
from residences south of County Road 2. A Lighting Plan will be
submitted to ensure that lighting is downcast and does not shine onto
adjacent properties and rights -of -way, to mitigate impacts of the proposed
use and to ensure compatibility with the surrounding area. Additionally, a
Development Standard for this facility requires the hauling hours of
operation to be limited from 6:00 a.m., to 6:00 p.m.
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 this Code, or Master Plans of affected municipalities. The
site is located within the three-mile referral area for the Town of Lochbuie
and Adams County. No referral responses have been received from the
Town of Lochbuie or Adams County.
e. Section 23-2-230.B.5 -- The site is not located within the floodplain or any
overlay districts. Effective January 1, 2003, 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 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.
f. Section 23-2-230.6.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
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proposed use. The proposed site is designated as "Prime if Irrigated" and
"other," per the 1979 Soil Conservation Service Important Farmlands of
Weld County Map. The proposed USR site (construction business) will
encompass only 29 acres of the existing 310 -acre parcel.
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 Dan LaCoe, for a Site Specific Development Plan
and Use by Special Review Permit #1721 for a Use Permitted as a Use by Right, Accessory
Use, or Use by Special Review in the Commercial or Industrial Zone Districts (construction
company) 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 submit a Landscape/Screening Plan to the
Department of Planning Services, for review and approval. The
Landscape Plan shall indicate the type of screening and landscaping
(including the height and/or caliper size of the landscape material). The
vehicles and equipment associated with this proposed business shall be
screened by an opaque fence (or landscaping material) from adjacent
properties and rights -of -way or shall be placed inside an enclosed
building. The applicant is proposing a landscaped area off of County
Road 2 to screen/buffer the office/shop and parking area from adjacent
residences.
B. A Lighting Plan, including cut sheets of the intended lights, shall be
provided to the Department of Planning Services, for review and
approval. The Lighting Plan shall adhere to the lighting requirements for
off-street parking spaces, per Section 23-4-30.E of the Weld County
Code, and shall adhere to the lighting requirements in accordance with
Sections 23-3-360.F and 23-2-250.D of the Weld County Code. Further,
the approved Lighting Plan shall be indicated on the plat.
C. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) All plats shall be labeled USR-1721.
3) The approved Screening Plan for the vehicle/equipment storage
area.
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4) The approved Landscape/Screening Plan for the office/shop and
parking area.
5) The approved Lighting Plan (with light locations indicated on the
plat).
6) County Road 2 is classified as a collector road and requires 80
feet of right-of-way at full buildout. There is presently 60 feet of
right-of-way and 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. An additional ten (10) feet of right-of-way,
parallel to the County Road 2 labeled future "County Road 2
Right -of -Way" for future buildout shall be indicated on the plat.
7) The water quality features shall be identified on the plat and
labeled as "Water quality feature — no build or storage area". The
applicant shall remove trees and other types of landscaping from
the water quality features, and show the volume of the water
quality features on the plat.
8) The applicant shall indicate, on the plat, the type of easement and
the 60 -foot -wide non-exclusive access and utility easement to
provide adequate access to the parcel.
9) Each parking space shall be equipped with wheel guards or curb
blocks, when necessary, to prevent vehicles from extending
beyond the boundary of the space and from coming into contact
with other vehicles, walls, fences, or plantings. These shall be
indicated on the plat.
10) A Stop sign, prior to entering County Road 2, shall be indicated on
the plat.
11) A tracking pad (concrete or asphalt) running from the access into
the facility off of County Road 2 to the north for a minimum
distance of 300 -feet shall be indicated on the plat.
D. The applicant shall address the requirements of the Department of Public
Works, as stated in the referral response dated October 28, 2009.
Written evidence of Public Works approval shall be provided to the
Department of Planning Services.
The applicant shall attempt to address the requirements of the Hudson
Fire Protection District, as stated in the referral response received
October 14, 2009. Written evidence of such shall be provided to the
Department of Planning Services.
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F. The applicant shall submit a Dust Abatement Plan (on -site dust), for
review and approval, to the Environmental Health Services Division of the
Weld County Department of Public Health and Environment. Written
evidence of approval shall be provided to the Department of Planning
Services.
The applicant shall submit evidence of an Air Pollution Emission Notice
(A.P.E.N.) and Emissions Permit application from the Air Pollution Control
Division (APCD) of the Colorado Department of Health and Environment,
if applicable. Alternately, the applicant may provide evidence from the
APCD that they are not subject to these requirements. Evidence of such
shall be provided to the Department of Planning Services.
The applicant shall submit written evidence to the Environmental Health
Services Division of the Weld County Department of Public Health and
Environment, from the Colorado Division of Water Resources,
demonstrating that the well is appropriately permitted for the commercial
use. Evidence of such shall be provided to the Department of Planning
Services.
In the event that one (1) or more acres are disturbed during the
construction and development of this site, the applicant shall obtain a
Stormwater Discharge Permit from the Water Quality Control Division of
the Colorado Department of Public Health and Environment. Evidence of
such shall be provided to the Department of Planning Services.
J. 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 Health Department
approval shall be provided 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).
K. 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
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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 sixty
(60) days from the date of the Board of County Commissioners Resolution. The
applicant shall be responsible for paying the recording fee.
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
4. 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.
5. In accordance with Weld County Code Ordinance #2005-7, approved June 1,
2005, should the plat not be recorded within the required sixty (60) days from the
date the Board of County Commissioners Resolution, a $50.00 recording
continuance charge shall added for each additional three (3) month period.
6. Prior to release of building permits:
A. A separate building permit shall be obtained prior to the construction of
any structure.
B. 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. Commercial building plans are required to bear the wet
stamp of a Colorado registered architect or engineer.
C. 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,
2006 International Energy Conservation Code, and Chapter 29 of the
Weld County Code.
D. Each residential building will require an engineered foundation based on
a site -specific Geotechnical Report or an open hole inspection performed
by a Colorado registered engineer. Engineered foundations shall be
designed by a Colorado registered engineer.
E. Fire resistance of walls and openings, occupancy type, construction
requirements, automatic sprinkler requirements, maximum building height
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and allowable areas will be reviewed at the plan review. Setback and
offset distances shall be determined by the Weld County Code.
F. 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.
G. The applicant shall provide a letter of approval from the Hudson Fire
Protection District prior to construction of any structure.
7. Prior to issuance of Certificate of Occupancy:
A. An Individual Sewage Disposal System (I.S.D.S.) is required for the
proposed facility and shall be installed according to the Weld County
I.S.D.S. Regulations. The septic system is required to be designed by a
Colorado registered professional engineer, according to the Weld County
I.S.D.S. Regulations.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 16th day of December, A.D., 2009.
ATTEST:
Weld fzounty Clerk to the Bo
/1L
BY: _
Depot Clerk t¢ the Board
Date of signature: l II3IIC
BOARD OF .UNTY COMMISSIONERS
COLORADO
am F. Garcia, Chair
ugla$em her, Pro -Tee
Seam Conway
EXCUSED
B ara Kirkmerer
J
David E. Long
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DAN LACOE
USR-1721
1. A Site Specific Development Plan and Use by Special Review Permit #1721 is for a Use
Permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (construction company) in the A (Agricultural)
Zone District, and is 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. Hours of operation (hauling hours for vehicles and equipment) shall be from 6:00 a.m., to
6:00 p.m., Monday through Saturday. This restriction shall not apply to the operation of
administrative and executive offices or repair facilities located on the property.
4. The site shall be limited to no more than thirty (30) employees on the site.
5. The easement shall be a graded and drained road to provide an all-weather access
6. Each parking space shall be equipped with wheel guards or curb blocks, when
necessary, to prevent vehicles from extending beyond the boundary of the space and
from coming into contact with other vehicles, walls, fences, or plantings.
7. Weld County is not responsible for the maintenance of drainage related structures.
8. 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.
9. 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.
10. 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.
11. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
12. Any vehicle or equipment 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.
13. 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.
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14. 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.
15. 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 System (I.S.D.S.) Regulations.
16. Adequate toilet facilities (portable toilets) and hand washing units shall be provided
during the construction of the facility.
17. Bottled water shall be utilized for drinking purposes during construction of the project.
18. Adequate hand washing and toilet facilities shall be provided for employees and patrons
of the facility, at all times.
19. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes. The facility shall utilize the existing commercial well.
20. 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.
21. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the
Colorado Department of Public Health and Environment, Water Quality Control Division.
22. 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 over time.
23. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
24. Effective January 1, 2003, building permits issued on the proposed lot will be required to
adhere to the fee structure of the County -Wide Road Impact Fee Program.
25. 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.
26. The landscaping and screening on the site shall be maintained in accordance with the
approved Landscape and Screening Plan.
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27. 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.
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 property owner shall allow any mineral owner the right of ingress or egress for the
purposes of exploration, development, completion, re -completion, re-entry, production,
and maintenance operations associated with existing or future operations located on
these lands.
30. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
31. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 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
Development Standards may be reason for revocation of the Permit by the Board of
County Commissioners.
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