HomeMy WebLinkAbout20081844.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1652 FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(PARKING AND STORAGE FOR A CONCRETE COMPANY) IN THE
A (AGRICULTURAL) ZONE DISTRICT - J.A.R. HOLDINGS, LLC, C/O DANIEL
RODARMEL
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 23rd day of
July, 2008, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the
application of J.A.R. Holdings, LLC, 11621 County Road 13, Longmont,Colorado 80504,c/o Daniel
Rodarmel, 800 Bramblebush, Fort Collins, Colorado 80524, for a Site Specific Development Plan
and Use by Special Review Permit#1652 for a Use Permitted as a Use by Right, Accessory Use,
or Use by Special Review in the Commercial or Industrial Zone Districts (parking and storage for
a concrete company) in the A (Agricultural) Zone District, on the following described real estate,
being more particularly described as follows:
Part of the NE1/4 of Section 1, Township 2 North,
Range 68 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said 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 23-2-230.8 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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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 seven(7)parcels within 500 feet of the property. The Town of Firestone
municipal boundary is located directly to the east and west of the site.
Section 23-2-240.A.10 of the Weld County Codes states, "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 public rights-of-way.
b. Section 23-2-230.8.2--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 (parking and
storage for a concrete company) in the A (Agricultural) Zone District. The
property is currently in violation (ZCV07-01049), due to the storage and
operation of a commercial business and equipment storage without first
obtaining the necessary land use permits. The approval of this application
by the Board of County Commissioners has corrected the violation.
c. Section 23-2-230.6.3 --The uses which will be permitted will be compatible
with the existing surrounding land uses. The site currently contains a single
family residence and pole barn. The surrounding property is primarily
agricultural in nature, with a few homes located in close proximity. There
are seven (7) parcels within 500 feet of the property. The Conditions of
Approval and Development Standards will ensure compatibility with the
surrounding area.
d. Section 23-2-230.6.4--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 Towns of
Firestone, Frederick, and Mead. No referrals have been received from any
of the municipalities.
e. Section 23-2-230.8.5 -- 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 23-2-230.8.6—The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. Due to the limited size of the site, this criteria is not applicable.
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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 J.A.R. Holdings, LLC, c/o Daniel Rodarmel, for a Site
Specific Development Plan and Use by Special Review Permit#1652 for a Use Permitted as a Use
by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts
(parking and storage for a concrete 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 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. 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." The
applicant shall either submit a copy of an agreement with the property's
mineral owner/operators,stipulating that the oil and gas activities have been
adequately incorporated into the design of the site, or, show evidence that
an adequate attempt has been made to mitigate the concerns of the mineral
owner/operators. Drill envelopes may be delineated on the plat, in
accordance with the State requirements,as an attempt to mitigate concerns.
The plat shall be amended to include any possible future drilling sites.
C. The applicant shall address the requirements and concerns of the Colorado
Division of Water Resources, as stated in the referral response dated
February 11, 2008. 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 Mountain
View Fire Protection District, as stated in the referral response dated
February 21, 2008. 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 March 6, 2008, including, but not limited to, Final Drainage
Construction and Erosion Control Plans. Evidence of such shall be
submitted, in writing, to the Weld County Department of Planning Services.
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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 February 26, 2008. 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
Landscape referral from the Department of Planning Services, dated
February 8, 2008. 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 Weld
County Department of Building Inspection, as stated in the referral dated
March 3, 2008, including, but not limited to,the submittal of a building permit
for a Change of Use for the existing pole barn on the site. Evidence of such
shall be submitted, in writing, to the Weld County Department of Planning
Services.
The applicant shall attempt to address the requirements and concerns of the
Longmont Soil Conservation District, as stated in the referral dated March 8,
2008. Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
J. The applicant shall attempt to address the requirements and concerns of the
Weld County Sheriffs Office, as stated in the referral dated February 22,
2008. Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
K. The applicant shall provide the Department of Planning Services with 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.
L. 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, for review and approval.
Evidence of approval shall be submitted to the Department of Planning
Services.
M. In the event the applicant intends to utilize the existing septic system at the
residence for employee use, the septic system shall be reviewed by a
Colorado registered professional engineer. The review shall consist of
observation of the system and a technical review describing the system's
ability to handle the proposed hydraulic load. The review shall be submitted
to the Environmental Health Services Division of the Weld County
Department of Public Health and Environment. In the event the system is
found to be inadequately sized or constructed, the system shall be brought
into compliance with current regulations. Alternately, the applicant may
install a new septic system in the shop, for employee use, which shall be
installed according to the Weld County Individual Sewage Disposal System
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(I.S.D.S.)Regulations. Evidence of approval from the Department of Public
Health and Environment shall be submitted to the Department of Planning
Services.
N. 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.
O. 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 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
(including the facility name, address, and phone number).
P. The applicant shall submit a Landscape and Screening Plan for the site.
The Plan shall include the method of screening along the southern
boundary of the site. The applicant shall maintain compliance with
Section 23-2-250.B.7 of the Weld County Code at all times.
Q. The applicant shall complete all proposed improvements, including those
regarding landscaping, screening, access, 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.
R. The applicant shall attempt to contact the Town of Firestone to verify the
access permit, or for any additional requirements that may be necessary to
obtain or upgrade a current permit. Evidence of approval shall be submitted
to the Department of Planning Services.
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S. The plat shall be amended to delineate the following:
1) All sheets shall be labeled USR-1652.
2) The attached Development Standards.
3) The plat shall delineate any signs, in compliance with Chapter 23,
Division 2, of the Weld County Code.
4) County Road 13 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 13 shall be delineated on
the plat. The future and existing right-of-way, including the
documentation creating it, shall be delineated on the plat. This road
is maintained by the Town of Firestone.
5) The applicant shall specifically indicate, on the plat, the type of
right-of-way/easement, and indicate 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 location of the Stop sign shall be delineated on the plat, and the
sign shall be placed at the intersection of County Road 13 and the
driveway.
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 twenty-six(26)parking spaces and two(2)
parking spaces which comply with the Americans with Disabilities
Act (ADA) standards 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.
10) The approved Landscape and Screening Plan.
11) The off-street parking spaces, including the access drive, shall be
surfaced with gravel, asphalt, concrete, or the equivalent, and shall
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be graded to prevent drainage problems. The location and type of
surfacing material shall be delineated on the plat.
T. 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 Mountain View Fire
Protection District to the Department of Building Inspection.
5. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review plat is
ready to be recorded in the office of the Weld County Clerk and Recorder.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 23rd day of July, A.D., 2008.
t , BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: � _ 1 /L_„
ti`w ,-51 W. lam H. Jerke, Chair
Weld County Clerk to ar \Q
Roe Ma�den, Pro-Tem
BY: t d
Deputy Clerk t. the Board
/PPR ED A ORM: WZ-PoSartac2eve
„, David E. Long
unt ttorney
Dougl s Rademache
Date of signature: 4:1)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
J.A.R. HOLDINGS, LLC
C/O DANIEL RODARMEL
USR #1652
1. A Site Specific Development Plan and Use by Special Review Permit #1652 is for a Use
Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial
or Industrial Zone Districts (parking and storage for a concrete company) 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 facility shall be operated in accordance with the approved Dust Abatement Plan at all
times. The facility shall have sufficient equipment available to implement dust control, as
required by the Weld County Department of Public Health and Environment.
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 Systems.
13. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
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14. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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. The applicant shall be 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. commercial 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
thereafter.
17. 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.
18. 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 when applying for each permit.
19. 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.
20. 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.
21. 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.
22. 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.
23. A letter of approval from the Mountain View Fire Protection District shall be provided to the
Department of Building Inspection, prior to construction of any structure.
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24. 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.
25. 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.
26. The hours of operation shall be daylight hours, Monday through Saturday.
27. There shall not be more then twenty-six (26) employees on the site at any given time.
28. 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.
29. 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.
30. The landscape and screening on the site shall be maintained in accordance with the
approved Landscaping and Screening Plan.
31. 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.
32. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
33. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
34. 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.
35. 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.
36. 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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