HomeMy WebLinkAbout20081463.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1650 FOR A USE PERMITTED AS A USE BY RIGHT,ACCESSORY USE, OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(PROPANE STORAGE AND OFFICE) IN THE A (AGRICULTURAL) ZONE DISTRICT -
UNITED FARMERS COOPERATIVE
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 4th day of
June, 2008, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of United Farmers Cooperative, 2803 North Nebraska, York, Nebraska 68467, for
a Site Specific Development Plan and Use by Special Review Permit #1650 for a Use Permitted
as a Use by Right,Accessory Use, or Use by Special Review in the Commercial or Industrial Zone
Districts (propane storage and office) in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
Lot A of Amended Recorded Exemption#2363; being
part of the SE1/4 of Section 14, Township 2 North,
Range 64 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was represented by Linda Hulse, Casseday Creative Designs,
LLC, 55 South Elm Avenue, Suite 210, Eaton, Colorado 80615, 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 proposal is consistent with the intent of
Chapter 22 of the Weld County Code, and any other applicable Code
provisions or ordinances in effect.
1) Section 22-2-60.8(A.Goal 2)states,"Conversion of agricultural land
to urban scale residential, commercial, and industrial uses will be
considered when the subject site is located inside an approved
2008-1463
PL1969
/
r . L /4/ /L. 4:42 /(r)0
SPECIAL REVIEW PERMIT#1650 - UNITED FARMERS COOPERATIVE
PAGE 2
Intergovernmental Agreement area, Urban Growth Boundary area,
Mixed Use Development area, Urban Development Nodes,or where
adequate services are currently available or reasonably obtainable.
This goal is intended to address conversion of agricultural land to
minimize the incompatibilities that occur between uses in the
A (Agricultural) Zone District and other Zone Districts which allow
urban uses.
2) Section 23-3-40.A.1 - Oil and Gas Storage Facilities.
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
provides 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 (propane
storage and office) 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 surrounding area consists of
single-family homes to the south and east. There is an existing farm to the
west and agricultural uses to the north. Five properties are within 500 feet
of the site. The property currently has a small barn/shop and a chain-link
fence surrounds the site. The property is not currently being utilized.
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 located within the three-mile referral area for the Town of
Keenesburg. The Town of Keenesburg, in the referral dated February 22,
2008, stated it has reviewed the request and finds that it does not comply
with its Comprehensive Plan. The property is located within the future
growth boundary for the Town of Keenesburg, and has been planned for
agricultural use, rather than commercial.
e. Section 23-2-230.B.5 -- The site does not lie within any 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. 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.B.6 --The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use.
2008-1463
PL1969
SPECIAL REVIEW PERMIT #1650 - UNITED FARMERS COOPERATIVE
PAGE 3
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 United Farmers Cooperative for a Site Specific
Development Plan and Use by Special Review Permit #1650 for a Use Permitted as a Use by
Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts
(propane storage and office) 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 detailed Sign Plan, in compliance with
Chapter 23, Division 2, of the Weld County Code, to the Weld County
Department of Planning Services, for review and approval.
B. The applicant shall submit, to the Department of Planning Services, a
property Maintenance Plan,for review and approval. The Maintenance Plan
shall be in compliance with Section 23-2-250.B.7 of the Weld County Code.
C. The applicant shall submit written evidence of a commercial well to the
Departments of Planning Services and Public Health and Environment.
D. The applicant shall either submit, to the Weld County Department of
Planning Services, a copy of an agreement with the property's mineral
owners/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
owners.
E. The applicant shall attempt to address the requirements of the Henrylyn
Irrigation Company, as stated in the referral response dated January 28,
2008. Written evidence of such shall be submitted to the Weld County
Department of Planning Services.
F. The applicant shall address the requirements of the Southeast Weld Fire
Protection District, as stated in the referral response dated February 7,
2008. Written evidence of such shall be submitted to the Weld County
Department of Planning Services.
G. The applicant shall address the requirements of the Department of Planning
Services, as stated in the Landscape referral response dated January 27,
2008. Written evidence of such shall be submitted to the Weld County
Department of Planning Services.
2008-1463
PL1969
SPECIAL REVIEW PERMIT#1650 - UNITED FARMERS COOPERATIVE
PAGE 4
H. The applicant shall address the requirements of the Department of Building
Inspection, as stated in the referral response dated February 22, 2008.
Written evidence of such shall be submitted to the Weld County Department
of Planning Services.
The applicant shall attempt to address the requirements of the Town of
Keenesburg, as stated in the referral response dated February 22, 2008.
Written evidence of such shall be submitted to the Weld County Department
of Planning Services.
J. The applicant shall address the requirements of the Department of Public
Works, as stated in the referral response dated February 25, 2008. Written
evidence of such shall be submitted to the Weld County Department of
Planning Services.
K. The applicant shall attempt to address the requirements of the Sheriffs
Office, as stated in the referral response dated February 22, 2008. Written
evidence of such shall be submitted to the Weld County Department of
Planning Services.
L. The applicant shall address the requirements of the Department of Public
Health and Environment, as stated in the referral response dated
February 14, 2008. Written evidence of such shall be submitted to the Weld
County Department of Planning Services.
M. The applicant shall submit a Private Improvements Agreement According to
Policy Regarding Collateral for Improvements and post adequate collateral
for all landscaping, transportation (access drive, parking areas, etcetera)
and non-transportation(plant materials,fencing,screening,water, signage,
etcetera) items. The applicant shall submit, to the Department of Planning
Services, an itemized landscaping bid for review. The agreement and form
of collateral shall be reviewed by County staff and accepted by the Board of
County Commissioners, prior to recording the Amended Use by Special
Review plat. Or, the applicant may submit evidence that all the work has
been completed and approved by the Departments of Planning Services and
Public Works.
N. 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 by the
Department of Public Health and Environment shall be provided to the
Department of Planning Services.
O. An individual sewage disposal system is required for the proposed facility,
and shall be installed according to the Weld County Individual Sewage
Disposal System (I.S.D.S.) Regulations. Evidence of approval by the
Department of Public Health and Environment shall be provided to the
Department of Planning Services.
2008-1463
PL1969
SPECIAL REVIEW PERMIT #1650 - UNITED FARMERS COOPERATIVE
PAGE 5
P. Evidence of an application, submitted to the Colorado Department of Labor
and Employment (CDL&E), Oil and Public Safety Division, in accordance
with the Liquefied Petroleum Gas (IPG) Rule 7, CCR 1101-15 (Effective
September 1, 2005), shall be submitted to the Environmental Health
Services Division of the Weld County Department of Public Health and
Environment. Alternately, the applicant may provide evidence from the
CDL&E, Oil and Public Safety Section, that they are not subject to these
requirements. Evidence of approval by the Department of Public Health and
Environment shall be provided to the Department of Planning Services.
Q. The applicant shall submit evidence of an Aboveground Storage Tank
permit from the Colorado Department of Labor and Employment(CDL&E),
Oil Inspection Section, for any aboveground storage tanks located on the
site. Alternately, the applicant may provide evidence from the CDL&E, Oil
Inspection Section, that they are not subject to these requirements.
Evidence of approval by the Department of Public Health and Environment
shall be provided to the Department of Planning Services.
R. 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 approval by the
Department of Public Health and Environment shall be provided to the
Department of Planning Services.
S. The applicant shall submit evidence, to the Department of Planning
Services, from the Colorado Division of Water Resources, demonstrating
that the well is appropriately permitted for the commercial use. Evidence of
approval by the Department of Public Health and Environment shall be
provided to the Department of Planning Services.
T. 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 by the Department
of Public Health and Environment shall be provided to the Department of
Planning Services. The plan shall include, at a minimum, the following:
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.
3) The waste handler and facility where the waste will be disposed of
(including the facility name, address, and phone number).
U. The applicant shall provide evidence, to the Department of Planning
Services, that all noncommercial junkyard items located on the property
2008-1463
PL1969
SPECIAL REVIEW PERMIT#1650 - UNITED FARMERS COOPERATIVE
PAGE 6
have been screened from all adjacent properties and public rights-of-way,
or have been removed from the property.
V. The applicant shall submit two (2) paper copies of the plat, for preliminary
approval, to the Weld County Department of Planning Services.
W. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR-1650.
2) The attached Development Standards.
3) The access to the proposed facility shall be located 150 feet from an
intersection.
4) County Road 20 is designated on the Weld County Road
Classification Plan as a local gravel road, which requires 60 feet of
right-of-way at full buildout. There is presently 60 feet of
right-of-way. The applicant shall verify and delineate, on the plat,
the existing right-of-way and the documents creating the
right-of-way.
5) County Road 59 is designated on the Weld County Road
Classification Plan as a major arterial road, which requires 140 feet
of right-of-way at full buildout. There is presently 60 feet of
right-of-way. A total of 70 feet from the centerline of County
Road 59 shall be delineated on the plat. The future and existing
right-of-way, including the documentation creating them, shall be
delineated on the plat.
6) The approved Landscape and Screening Plan.
7) The approved sign.
8) The plat shall be prepared in accordance with Section 23-2-260.D of
the Weld County Code.
2. Prior to the Issuance of the Certificate of Occupancy:
A. An individual sewage disposal system is required for the proposed facility
and shall be installed according to the Weld County Individual Sewage
Disposal System (I.S.D.S.) Regulations.
B. The septic system is required to be designed by a Colorado registered
professional engineer, according to the Weld County I.S.D.S. Regulations.
2008-1463
PL1969
SPECIAL REVIEW PERMIT#1650 - UNITED FARMERS COOPERATIVE
PAGE 7
3. One month prior to construction activities:
A. A Stormwater Discharge Permit may be required for a development/
redevelopment/construction site where a contiguous or non-contiguous land
disturbance is greater than, or equal to, one(1)acre in area. The applicant
shall contact the Colorado Department of Public Health and Environment,
Water Quality Control Division, at www.cdphe.state.co.us/wg/PermitsUnit,
for more information.
4. 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.
5. 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 added for each additional three (3) month period.
6. 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.
7. 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.
2008-1463
PL1969
SPECIAL REVIEW PERMIT #1650 - UNITED FARMERS COOPERATIVE
PAGE 8
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 4th day of June, A.D., 2008.
111,11',,,>.,
, BOARD OF COUNTY COMMISSIONERS
�► `ti ,, ':, WELD COUNTY, COLORADO
ATTEST: t861 t /4-G-/ (AYE)
Wil 'am H. Jerke, Chair
Weld County Clerk to ,(�
y�®jJ�l J�J NAY
Robert D. Pro-Tern
BY:
Deputy Clerk (the Board AYE
Will \F. Garcia
APFR—O D O F : ckci �� (AYE)
David E. Long l ;
ounty Attorney EXCUSED
Douglas Rademacher
Date of signature: n'
2008-1463
PL1969
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
UNITED FARMERS COOPERATIVE
USR#1650
1. A Site Specific Development Plan and Use by Special Review Permit#1650 is for a Use
Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial
or Industrial Zone Districts(propane storage and office) 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. The number of employees shall be limited to two (2).
4. The hours of operation are from 5:00 a.m., to 7:00 p.m., Monday through Saturday.
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.
9. The applicant shall comply with all provisions of the Underground and Above Ground
Storage Tank Regulations (7 CCR 1101-14), as applicable.
10. The applicant shall comply with all provisions of the Liquefied Petroleum Gas Regulations
(7 CCR 1101-15), as applicable.
11. The facility shall be operated in a manner to prevent odors. Odors detected off the site
shall not equal, or exceed, the level of fifteen-to-one dilution threshold, as measured
pursuant to Regulation 2 of the Colorado Air Pollution Control Regulations. Additional
controls shall be implemented, at the request of the Weld County Department of Public
Health and Environment, in the event odor levels detected off the site meet, or exceed, the
level of fifteen-to-one dilution threshold, or in the judgment of the Weld County Health
Officer, there exists an odor condition requiring abatement.
12. 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.
13. The facility shall have sufficient equipment available to implement dust control, as required
by the Weld County Department of Public Health and Environment.
2008-1463
PL1969
DEVELOPMENT STANDARDS - UNITED FARMERS COOPERATIVE (USR#1650)
PAGE 2
14. This facility shall adhere to the maximum permissible noise levels allowed in the Light
Industrial Zone District, as delineated in Section 25-12-103, C.R.S.
15. Adequate hand washing and toilet facilities shall be provided for employees and patrons of
the facility.
16. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
17. A permanent, adequate water supply shall be provided for drinking and sanitary purposes,
at all times.
18. Adequate portable toilet facilities shall be provided during construction.
19. Bottled water shall be utilized for drinking and hand washing during construction.
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. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
23. The applicant is proposing 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. 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.
24. 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.
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 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.
27. Should exterior lighting be a part of this facility, all light standards shall be in accordance
with Section 23-3-250.B.6 of the Weld County Code.
2008-1463
PL1969
DEVELOPMENT STANDARDS - UNITED FARMERS COOPERATIVE (USR#1650)
PAGE 3
28. The applicant shall adhere to the approved Landscape and Screening Plan.
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. Building permits shall be obtained prior to the construction of any building. Buildings which
meet the definition of an Agricultural Exempt Building, per the requirements of
Section 29-1-20 of the Weld County Code, do not need building permits; however, a
Certification of Compliance must be filed with the Department of Planning Services,and an
Electrical and/or Plumbing permit is required for any electrical or plumbing service to the
building.
32. A plan review is required for each building for which a building permit is required. Plans
shall include a floor plan and bear the wet stamp of a Colorado registered architect or
engineer. Two complete sets of plans are required when applying for each permit. The
applicant shall include a Code Analysis Data Sheet, provided by the Weld County
Department of Building Inspection with each building permit application.
33. 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, 2005 National Electrical Code, and
Chapter 29 of the Weld County Code.
34. All buildings used by the public, including the restrooms,shall be accessible to persons with
disabilities. Plans shall include detailed drawings showing the exiting conditions and how
accessibility will be maintained throughout the facility. Fire resistance of walls and
openings,construction requirements, maximum building height,and allowable areas will be
reviewed at the plan review. Setback and offset distances shall be determined by the Weld
County Code.
35. 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.
36. All building plans shall be submitted to Southeast Weld Fire Protection District, for review
and approval, prior to issuance of building permits.
2008-1463
PL1969
DEVELOPMENT STANDARDS - UNITED FARMERS COOPERATIVE (USR#1650)
PAGE 4
37. 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.
38. 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.
39. 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.
40. Weld County's Right To Farm Statement, as it appears in the Weld County Code,
Appendix 22-E, shall be placed on the plat.
2008-1463
PL1969
Hello