HomeMy WebLinkAbout20081077.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1646 FOR A USE PERMITTED AS A USE BY RIGHT,ACCESSORY USE, OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(STEEL FABRICATION COMPANY) IN THE A (AGRICULTURAL) ZONE DISTRICT -
GAIL AND DANNIE CITO
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 30th day of
April, 2008, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the
application of Gail and Dannie Cito, 5454 County Road 7, Erie, Colorado 80516,fora Site Specific
Development Plan and Use by Special Review Permit #1646 for a Use Permitted as a Use by
Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts
(steel fabrication company) in the A (Agricultural) Zone District on the following described real
estate, being more particularly described as follows:
Lot 1 of Subdivision Exemption #664; being part of
the W1/2 SW1/4 of Section 3, Township 1 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.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
proposed use will be compatible with the area. The surrounding property is
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SPECIAL REVIEW PERMIT#1646 - GAIL AND DANNIE CITO
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primarily agricultural in nature, with a few homes in close proximity.
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 demonstrate how the use is to be screened from adjacent
properties and rights-of-way.
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 Site Specific Development Plan and Use by Special Review
Permit for a Use by Right,Accessory use, or a Use by Special Review in the
Commercial or Industrial Zone Districts (steel fabrication company) 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. There is currently a single family
home and large garage on the site. The surrounding property is primarily
agricultural in nature, with a few homes located in close proximity. The site
is currently in violation (#ZCV07-01086), for the storage of equipment and
the operation of a commercial business without the necessary Weld County
permits. The violation case has not been presented to the Board of County
Commissioners through the Violation Hearing process. Approval of this
application has corrected the violation. No comments were received from
any surrounding property owners.
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 Frederick and Erie, the
City of Dacono, and the City and County of Broomfield. The site is also
located within the Intergovernmental Agreement area for the Town of
Frederick. The Town of Frederick did not respond to the referral, but in the
Notice of Inquiry stated, "The Town of Frederick has no conflict with this
request and would encourage the business to annex in and when contiguity
exists. We support the proposal". The Town of Erie, in the referral dated
January 11, 2008, states it has reviewed the request and finds the proposed
use is not in compliance with its Comprehensive Plan. The City of Dacono
and the City and County of Broomfield, in referrals dated December 18,
2007, each indicated they have no concerns with the proposal.
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
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subject site will be required to adhere to the fee structure of the Capital
Expansion Impact Fee and the Storm Water/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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado,that the application of Gail and Dannie Cito for a Site Specific Development Plan
and Use by Special Review Permit#1646 for a Use Permitted as a Use by Right, Accessory Use,
or Use by Special Review in the Commercial or Industrial Zone Districts(steel fabrication 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. Should the applicant want a sign on the site, 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. 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 Left Hand
Water District, as stated in the referral response dated December 27, 2007.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
D. The applicant shall attempt address the requirements and concerns of the
Town of Erie, as stated in the referral response dated January 11, 2008.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
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E. The applicant shall address the requirements and concerns of the
Frederick—Firestone Fire Protection District, as stated in the referral
response dated January 31, 2008. Evidence of such shall be submitted, in
writing, to the Weld County Department of Planning Services.
F. The applicant shall attempt to address the requirements and concerns of the
Weld County Department of Building Inspection, as stated in the referral
response dated December 26, 2007. Specifically, a building permit shall be
submitted for a Change of Use for the existing building. 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 Public Works, as stated in the referral response
dated January 16, 2008; including, but not limited to, providing a stormwater
drainage document demonstrating how the stormwater is proposed to be
handled on the site and disbursed. 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 Public Health and Environment, as stated in the
referral response dated January 28, 2008. Evidence of such shall be
submitted, in writing, to the Weld County Department of Planning Services.
The applicant shall address the requirements and concerns of the Weld
County Department of Planning Services Landscape referral, dated
December 17, 2007. Specifically, a Lighting Plan and Screening Plan shall
be submitted for review and approval. 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 a Dust Abatement Plan, for review and approval,
to the Department of Public Health and Environment. Evidence of such
shall be submitted, in writing, to the Weld County Department of Planning
Services.
L. An Individual Sewage Disposal System (I.S.D.S.) is required for the
proposed office/shop 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. As an alternative, 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
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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. Evidence of approval from the Department of Public Health and
Environment shall be submitted to the Department of Planning Services.
M. The applicant shall submit a Waste Handling Plan 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).
N. The applicant shall submit a Screening Plan for the site. 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 23-2-250.8.7 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.
P. The plat shall be amended to delineate the following:
1) All sheets shall be labeled USR-1646.
2) The attached Development Standards.
3) County Road 7 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 7 shall be delineated. The future
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and existing right-of-way,including the documentation creating them,
shall be delineated. This road is maintained by the Town of Erie.
4) The existing access shall be utilized, as no new accesses are
allowed. The applicant shall specifically indicate the type of
right-of-way/easement and indicate whether it is dedicated, private,
or deeded, to provide adequate access to the parcel.
5) The plat shall identify any types of rights-of-way and/or easements
which exist on the site.
6) The applicant shall provide a Lighting Plan. Should exterior lighting
be a part of this facility, all light standards shall be delineated and be
in accordance with Section 23-3-250.8.6 of the Weld County Code.
7) The location of the dumpster shall be delineated. Areas used for
trash collection shall be screened from all adjacent properties and
public rights-of-way. 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.
8) The Department of Planning Services has determined from the
application materials that six(6)parking spaces and one(1) parking
space which meets the requirements of the Americans with
Disabilities Act (ADA) 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.
9) The approved Screening Plan.
10) 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.
11) The approved Signage Plan.
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
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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 Frederick—Firestone
Fire Protection District to the Department of Building Inspection.
B. One month prior to construction, 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 I.S.D.S. Regulations.
B. An individual sewage disposal system is required of the proposed future
shop building, if a restroom facility is installed. The individual sewage
disposal system shall be installed according to the Weld County I.S.D.S.
Regulations.
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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 30th day of April, A.D., 2008.
B> 2D OF COUNTY COMMISSIONERS
���� WELD COUNTY, COLORADO
ATTEST: utede, l l E
t ,
Weld County Clerk to the Board 1861 r
.O R Mastlen, Pro-Tem
BY:
Depu y Clerk to the Board , ci ll
m F. Garcia
ABP ED RM: ` \ =J —I I
E
Dawd E. Long
County Attorney r
ougl Rademach r
5//6/0e
Date of signature:
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
GAIL AND DANNIE CITO
USR #1646
1. A Site Specific Development Plan and Use by Special Review Permit#1646 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 (steel fabrication 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. 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.
8. The facility shall have sufficient equipment available to implement dust control, as required
by the Weld county Department of Public Health and Environment.
9. 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.
10. Adequate hand washing and toilet facilities shall be provided for employees and patrons of
the facility.
11. 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 (I.S.D.S.) Regulations.
12. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
13. The facility shall utilize the existing public water supply (Left Hand Water District).
14. All potentially hazardous chemicals must be stored and handled in a safe manner in
accordance with product labeling and in a manner that minimizes the release of hazardous
air pollutants and volatile organic compounds.
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15. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
16. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
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 with 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 shall be provided to the Department of Building Inspection, from the
Frederick-Firestone Fire Protection District, prior to construction of any structure.
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.
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26. No parking or staging shall occur on County Road 7.
27. The hours of operation are from 7:00 a.m., to 3:30 p.m., seven days a week.
28. There shall not be more than ten (10) employees on the site at any given time.
29. 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 Departments of Building
Inspection and Planning Services, and the Frederick-Firestone Fire Protection District, 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
application.
30. 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.
31. 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.
32. The screening on the site shall be maintained in accordance with the approved Screening
Plan.
33. 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.
34. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
35. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
36. 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.
37. 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.
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38. 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.
39. The applicant shall permanently close the southern access to the property. All traffic
accessing the site shall utilize the existing access on the north side of the property.
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