HomeMy WebLinkAbout20080547.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1638 FOR A USE PERMITTED AS A USE BY RIGHT,ACCESSORY USE, OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(TRUCK PARKING, MAINTENANCE,AND OFFICE)IN THE A(AGRICULTURAL)ZONE
DISTRICT - BARTEZ, LLC
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 5th day of
March, 2008, at the hour of 2:00 p.m. in the Chambers of the Board, for the purpose of hearing the
application of Bartez, LLC, P.O. Box 888, Longmont, Colorado 80502, for a Site Specific
Development Plan and Use by Special Review Permit #1638 for a Use Permitted as a Use by
Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts
(truck parking, maintenance, and office) in the A (Agricultural) Zone District on the following
described real estate, being more particularly described as follows:
Lot B of Recorded Exemption #3975; being part of
the NE1/4 of Section 17, Township 2 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was represented by Daniel Glantz, 3450 County Road 27, Fort
Lupton, Colorado 80621, 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 22-2-150.D (A. Goal 4) states, "Conversion of agricultural land to
nonurban residential,commercial,and industrial uses will be accommodated
when the subject site is in an area that can support such development.
Such development shall attempt to be compatible with the region." The
Conditions of Approval and Development Standards will ensure that the
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SPECIAL REVIEW PERMIT#1638 - BARTEZ, LLC
PAGE 2
proposed use will be compatible with the vicinity. The surrounding property
is primarily agricultural in nature,with a few homes in close proximity. There
are thirteen parcels within 500 feet of the property. Section 23-2-240.A.10
of the Weld County Code states, "...that buffering or screening of the
proposed use from adjacent properties may be required in order to make the
determination that the proposed use is compatible with the surrounding
uses." As a Condition of Approval, the applicant will be required to screen
the use from adjacent properties and rights-of-way.
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 Permit in the Commercial or Industrial Zone Districts (truck
parking, maintenance, and office) in the A (Agricultural) Zone District.
c. Section 23-2-230.6.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The site is currently vacant. The
surrounding property is primarily agricultural in nature, with a few homes
located in close proximity. The Conditions of Approval and Development
Standards 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 located within three miles of the City of Fort Lupton. The City of
Fort Lupton, in a referral dated November 2, 2007, stated it has reviewed
the request and finds no conflicts with its interests.
e. Section 23-2-230.6.5 -- 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.
g. Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240, Weld
County Code),Operation Standards(Section 23-2-250,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.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Bartez, LLC, for a Site Specific Development Plan and
Use by Special Review Permit #1638 for a Site Specific Development Plan and Use by Special
Review Permit#1638 for a Use Permitted as a Use by Right, Accessory Use, or Use by Special
Review in the Commercial or Industrial Zone Districts (truck parking, maintenance, 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, Article IV, Division 2, of the Weld County Code, to the Weld
County Department of Planning Services, for review and approval.
B. Section 22-5-100.A of the Weld County Code states, "Oil and gas
exploration and production should occur in a manner which minimizes the
impact to agricultural uses and the environment, and reduces the conflicts
between mineral development and current and future surface uses."
Section 22-5-100.B of the Weld County Code states, "...encourage
cooperation, coordination, and communication between the surface owner
and the mineral owner/operators of either the surface or the mineral estate."
Section 22-5-100.B.1 of the Weld County Code also states, "New
development should be planned to take into account current and future oil
and gas drilling activity to the extent oil and gas development can
reasonably be anticipated." 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 State requirements, as an
attempt to mitigate concerns. The plat shall be amended to include any
possible future drilling sites.
C. The applicant shall address the requirements and concerns of the Colorado
Division of Water Resources, as stated in the referral response dated
November 5, 2007. 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 Fort
Lupton Fire Protection District, as stated in the referral response dated
November 13, 2007. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
E. The applicant shall address the requirements and concerns of the Weld
County Department of Public Works, as stated in the referral response
dated December 4, 2007, including, but not limited to, final drainage
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construction and erosion control plans. Evidence of such shall be
submitted, in writing, to the Weld County Department of Planning Services.
F. The applicant shall address the requirements and concerns of the Weld
County Department of Public Health and Environment, as stated in the
referral response dated November 26, 2007. Evidence of such shall be
submitted, in writing, to the Weld County Department of Planning Services.
G. The applicant shall address the requirements and concerns of the Weld
County Department of Planning Services Landscape referral, dated
November 1, 2007. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
H. The applicant shall address the requirements and concerns of the Colorado
Department of Transportation referral, dated November 7, 2007. 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 Colorado
Division of Wildlife referral, dated November 27, 2007. Evidence of such
shall be submitted, in writing, to the Weld County Department of Planning
Services.
J. 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 23-2-250.8.7 of the Weld County
Code.
K. The applicant shall submit evidence of an Aboveground Storage Tank
permit application to 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 from the Department of Public Health
and Environment shall be submitted to the Department of Planning Services.
L. In the event the applicant intends to wash vehicles or equipment on the site,
the following shall apply:
1) The applicant shall provide evidence that the washing area will be
designed and constructed to capture all effluent, and prevent any
discharges from the washing of vehicles or equipment, in
accordance with the rules and regulations of the Water Quality
Control Commission and the Environmental Protection Agency.
Evidence of approval from the Department of Public Health and
Environment shall be submitted to the Department of Planning
Services.
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M. 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 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).
(Department of Public Health and Environment)
N. The applicant shall submit a Landscape and Screening Plan for the site.
The plan, at a minimum, shall include the existing and future plant material,
including the proposed fencing, lighting, screening, and landscape
treatment. The plan shall include the method of screening the outdoor
storage of vehicles, equipment, or materials, from adjacent properties and
future rights-of-way. The applicant shall maintain compliance with Section
23-2-250.B.7 of the Weld County Code at all times.
O. The applicant shall complete all proposed improvements, including those
regarding landscaping, screening, access improvements, and parking lot
requirements,or enter into an Improvements Agreement According to Policy
Regarding Collateral for Improvements, and post adequate collateral for all
required materials. The agreement and form of collateral shall be reviewed
by County staff, and accepted by the Board of County Commissioners, prior
to recording the plat.
P. The plat shall be amended to delineate the following:
1) All sheets shall be labeled USR-1638.
2) The attached Development Standards.
3) The plat shall delineate any signs, in compliance with Chapter 23 of
the Weld County Code.
4) County Road 22 is designated on the County Road Classification
Plan as a strategic 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 22 shall be delineated on
the plat. The future and existing right-of-way, including the
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documentation creating them, shall be delineated on the plat. This
road is maintained by Weld County.
5) The applicant shall specifically indicate the type of right-of-way/
easement on the plat, and whether it is dedicated, private, or
deeded, to provide adequate access to the parcel. Section line
accesses are considered private lanes with no County maintenance.
6) The plat shall identify any types of rights-of-way and or easements
which exist on the site.
7) A Stop sign shall be placed at the intersection of County Road 22
and the driveway.
8) The applicant shall provide a Lighting Plan. 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.
9) The location of the dumpster shall be delineated on the plat. Areas
used for trash collection shall be screened from public rights-of-way
and all adjacent properties. These areas shall be designed and
used in a manner that will prevent trash from being scattered by
wind or animals, as outlined in Section 23-3-250.A.6 of the Weld
County Code.
10) 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.
11) The Department of Planning Services has determined from the
application materials that fifteen (15) parking spaces and one (1)
Americans with Disabilities Act(ADA)parking space will be required
on the site. Each parking space shall be equipped with wheel
guards, where needed, to prevent vehicles from extending beyond
the boundaries of the space and from coming into contact with other
vehicles, walls, fences, sidewalks, or plantings.
12) The approved Landscape and Screening Plan.
13) 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.
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14) The Use by Special Review boundary shall be reduced in size so it
does not encompass the entire 93 acres, rather, it shall be limited to
the proposed use on the property.
Q. 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 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.
4. Prior to operation:
A. The applicant shall provide a written sign-off from the Fort Lupton Fire
Protection District to the Department of Building Inspection.
B. 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 acre in area. The applicant
shall contact the Water Quality Control Division of the Colorado
Department of Public Health and Environment, at
www.cdphe.state.co.us/wq/PermitsUnit, for more information.
Written evidence of approval shall be submitted to the Department of
Planning Services.
5. Prior to the issuance of the Certificate of Occupancy:
A. The septic system is required to be designed by a Colorado registered
professional engineer, according to the Weld County Individual Sewage
Disposal System (I.S.D.S.) Regulations (Permit SP-0700074 has been
issued but is not installed).
B. An Individual Sewage Disposal System (I.S.D.S.) is required of the
proposed three-car garage and shop, and shall be installed according to
Weld County I.S.D.S. Regulations.
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6. 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 5th day of March, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
�j ti , t� ;J WELD COUNTY, COLORADO
d", �J J A �'i Ill�.� (AYE)
ATTEST: ` nic � � c, .,;�
i€l `,jt ,r 0 -tom i iam H. Jerke, Chair
Weld County Clerk to the a r .?j
<� L x A ' y ,, " (NAY)
I 1 'rV Robert . a�d , Pr l em
BY: 4t/l 1 ( ill -
De ty Cle o the Board v (� U(/i / (AYE)
Wi F. Garcia
APPRO D AS TO �tk L.
(AYE)
David E. Long
my Attorney (AYE)
oougla Rademac r
Date of signature: qlsi ��
2008-0547
PL1952
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
BARTEZ, LLC
USR#1638
1. A Site Specific Development Plan and Use by Special Review Permit#1638 is for a Use
Permitted as a Use by Right, Accessory Use, or a Use by Special Review in the
Commercial or Industrial Zone Districts (truck parking, maintenance 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. 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.
7. The applicant shall comply with all provisions of the Underground and Above Ground
Storage Tank Regulations (7 CCR 1101-14).
8. Any vehicle washing area(s) 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.
9. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
10. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District, as delineated in Section 25-12-103, C.R.S.
11. Adequate hand washing and toilet facilities shall be provided for employees and patrons of
the facility.
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 System (I.S.D.S.) Regulations.
13. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
14. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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DEVELOPMENT STANDARDS - BARTEZ, LLC (USR#1638)
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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. A building permit shall be obtained prior to the construction of any new building, addition,
or remodel of existing buildings. A building permit is required for a change of use of any
existing buildings.
17. A plan review is required for each building for which a building permit is required. Plans
shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets
of plans are required with applying for each permit.
18. Structures shall conform to the requirements of the various codes adopted at the time of
permit application. Currently, the following have been adopted by Weld County:
2006 International Building Code, 2006 International Mechanical Code, 2006 International
Plumbing Code, 2006 International Fuel Gas Code, 2005 National Electrical Code, and
Chapter 29 of the Weld County Code.
19. New structures 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.
20. 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.
21. 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.
22. A letter of approval shall be provided to the Department of Building Inspection,from the Fort
Lupton 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 23-3-250.8.6 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.
25. The hours of operation are from 6:00 a.m., to 6:00 p.m.
26. There shall be no more than fifteen (15) employees on the site at any given time.
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27. The limit of trucks allowed on the site at any given time will be fifteen (15).
28. The application does not propose any portion of the site to be leased to another party. In
the event that a portion of the building is proposed to be leased to another party in the
future, the applicant shall submit a copy of the lease agreement, and information regarding
the proposed use of the leased portion, to the Weld County Department of Building
Inspection, the Fort Lupton Fire Protection District, and the Department of Planning
Services, for review. Based upon the proposed use, and/or impacts of the leased portion,
the Department of Planning Services may require an Amended Use by Special Review
Permit application.
29. 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.
30. 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.
31. The landscape and screening on the site shall be maintained in accordance with the
approved Landscaping and Screening Plan.
32. 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.
33. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
34. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
35. 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.
36. 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.
37. 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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