HomeMy WebLinkAbout20080086.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1546 FOR USES PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(PARKING OF TRUCKS, TRAILERS, SEMI-TRAILERS, RECREATIONAL VEHICLES,
CONSTRUCTION AND FARM EQUIPMENT; WAREHOUSING AND STORAGE OF
EQUIPMENT, MACHINERY,AND AGRICULTURAL SUPPLIES; MINOR ASSEMBLING;
REPAIRING,MANUFACTURING,AND FABRICATING AGRICULTURAL SUPPLIES AND
EQUIPMENT; AND STORAGE OF MODULAR HOME COMPONENTS) IN THE
A (AGRICULTURAL) ZONE DISTRICT - J AND M PARTNERSHIP, 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 16th day of
January, 2008, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of J and M Partnership, LLC, 1 Joe P. Martinez Lane, Ault, Colorado 80610, for a
Site Specific Development Plan and Use by Special Review Permit#1546 for Uses Permitted as
a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone
Districts (parking of trucks, trailers, semi-trailers, recreational vehicles, construction and farm
equipment; warehousing and storage of equipment, machinery, and agricultural supplies; minor
assembling; repairing, manufacturing, and fabricating agricultural supplies and equipment; and
storage of modular home components) in the A (Agricultural) Zone District on the following
described real estate, being more particularly described as follows:
Part of the SW1/4 of Section 20, Township 6 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was represented by Bruce Johnson, A. Bruce Johnson and
Associates, Ltd., 801 8th Street, Suite 220, Greeley, Colorado 80631, 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.
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SPECIAL REVIEW PERMIT #1546 - J AND M PARTNERSHIP, LLC
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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 23-2-230.6.1 --The proposed use is consistent with Chapter 22 and
any other applicable Code provisions or ordinances in effect. Section 22-2-
60.A.1 (A.Goal 1) promotes the preservation of prime farmland for
agricultural purposes which foster the economic health and continuance of
agriculture. The proposal does not effect the productivity of the site.
b. Section 23-2-230.6.2--The proposed use is consistent with the intent of 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.
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.
e. Section 23-2-230.B.5 -- The site does not lie within any Overlay Districts.
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 J and M Partnership, LLC,for a Site Specific Development
Plan and Use by Special Review Permit#1546 for Uses Permitted as a Use by Right, Accessory
Use, or Use by Special Review in the Commercial or Industrial Zone Districts (parking of trucks,
trailers, semi-trailers, recreational vehicles, construction and farm equipment; warehousing and
storage of equipment, machinery, and agricultural supplies; minor assembling; repairing,
manufacturing, and fabricating agricultural supplies and equipment; and storage of modular home
components) 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. Application materials indicate that signage on the site will comply with the
Weld County Code, except that two (2)signs will be allowed. The applicant
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shall submit a Sign Plan, for review and approval, by the Board of County
Commissioners. The Plan shall delineate the location, size, and type of
construction of each sign. Upon approval, the signs shall be delineated on
the plat.
B. All sheets of the plat shall be labeled USR-1546.
C. The plat shall be amended to meet all requirements of Section 23-2-260.D
of the Weld County Code.
D. County Road 66 is designated on the Weld County Road Classification Plan
as a collector status road, which requires 80 feet of right-of-way at full
buildout. There is presently 60 feet of right-of-way. A total of 30 feet from
the centerline of County Road 66 shall be delineated as right-of-way on the
plat. An additional 10 feet shall be delineated as future road right-of-way.
This road is maintained by Weld County.
E. The applicant shall submit written evidence to the Department of Planning
Services that the following requirements have been met to the satisfaction
of the Weld County Department of Public Health and Environment:
1) 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.
2) In the event the applicant intends to wash vehicles or equipment on
the site, the following shall apply:
a. 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.
3) In accordance with the Underground and Above Ground Storage
Tank Regulations (7 CCR 1101-14), a spillage retention berm shall
be constructed around the tank battery. The volume retained by the
spillage berm shall be greater than the volume of the largest tank
inside the berm. Alternative protective measures may be allowed
provided they comply with the Above Ground Storage Tank
Regulations.
4) In the event an above ground storage tank is located on the site, the
applicant shall submit evidence of an Aboveground Storage Tank
permit from the Colorado Department of Labor and Employment
(CDLE), Oil Inspection Section, for any above ground storage tanks
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(660 to 40,000 gallons)located on the site. Alternately,the applicant
may provide evidence from the CDLE, Oil Inspection Section, that
they are not subject to these requirements.
5) The applicant shall submit evidence of an Underground Injection
Control (UIC)Class V Injection Well permit, from the Environmental
Protection Agency(EPA),for any maintenance facility located on the
site that is equipped with a floor drain. Alternately, the applicant may
provide evidence from the EPA that they are not subject to the EPA
Class V requirements.
6) 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. The Plan shall
include at a minimum, the following:
a. A list of wastes which are expected to be generated on the
site (this should include expected volumes and types of
waste generated).
b. A list of the type and volume of chemicals expected to be
stored on the site.
c. The waste handler and facility where the waste will be
disposed of(including the facility name, address, and phone
number).
F. The applicant shall submit building permits for any change of use for all
existing buildings, as required by the Weld County Building Inspection
Department. The applicant shall submit evidence to the Department of
Planning Services that all required building permits have been submitted to
the satisfaction of the Department of Building Inspection. All buildings will
require:
1) A plot plan showing the exact location of the buildings on the
property.
2) A floor plan of each building, with dimensions of each portion of the
building.
3) A description of the specific uses of all areas, existing and proposed.
4) Type of construction for each building.
5) Type of heating equipment.
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6) Size of electrical service.
G. The applicant shall submit an Improvements Agreement which addresses
all improvements associated with this development(curb stops, screening,
gravel/pavement, landscaping materials,signage,and stormwater features,
etcetera), per compliance with Section 24-9-10 of the Weld County Code,
or complete all improvements to the satisfaction of the Weld County
Departments of Public Works and Planning Services. The agreement shall
be reviewed by County staff, and accepted by the Board of County
Commissioners, prior to recording the plat.
H. The applicant shall attempt to address the requirements and concerns of the
City of Greeley, as stated in the referral response dated February 15, 2006.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
The applicant shall comply with the following Commercial District
Performance Standards, as indicated in Section 23-3-250 of the Weld
County Code.
1) Section 23-3-250.A.1 —Stormwater Management. All users of land
shall provide and maintain stormwater retention facilities designed
to retain the stormwater runoff in excess of historic flow from the
undeveloped site. The stormwater retention facility on a developed
site shall be designed for a one-hundred-year storm. The
stormwater retention facility shall be designed, and operated, to
release the retained water at a quantity and rate not to exceed the
quantity and rate of a five-year storm falling on the undeveloped site.
The applicant shall contact the Weld County Department of Public
Works to determine any requirements for stormwater drainage
referring to Sections 24-7-120 and 23-3-250.A.1 of the Weld County
Code. The applicant shall submit written evidence from the Weld
County Department of Public Works, indicating all requirements
have been met, and the plat has been amended to show any
required storm drainage area.
2) Section 23-3-250.A.2 — Parking. Sufficient screened, off-street
parking areas shall be provided to meet the requirements of
employees, company vehicles, visitors, and customers of the Uses
Allowed by Right and Accessory Uses. The applicant shall indicate
the proposed parking areas for trucks and equipment, farm
equipment, and standard sized vehicles. Appendix 23-A describes
the design requirements for parking spaces, and Appendix 23-B
delineates the number of parking spaces required by use for this
property. The plat shall indicate a minimum of twenty (20)
standard-sized parking spaces. The off-street parking area,
including the access drive, shall be surfaced with gravel, or the
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equivalent,and shall be graded to prevent drainage problems. Each
standard-size parking space shall be equipped with a wheel guard
or a curb stop, where needed, to prevent vehicles from extending
beyond the boundaries of spaces and coming into contact with other
vehicles, buildings, or fences. The applicant shall submit a Parking
Plan to the Departments of Planning Services and Public Works, for
review and approval. The applicant shall submit evidence of
approval from the Department of Public Works to the Department of
Planning Services.
3) Section 23-3-250.A.3—Street Access. Lots shall have safe access
to an approved public or private street. The design designation of
any street or highway, as to type, shall be in conformance with that
shown on the County thoroughfare plan and/or the master plan of
the affected municipality. The applicant has identified a gated
access to the proposed USR. The applicant shall utilize this access,
with adequate turning radii, to accommodate larger trucks,
semi-trailers, and recreational vehicle movement. A Stop sign shall
be installed at this entrance to control the traffic entering onto
County Road 66, a collector status road. Evidence of approval of the
revised plat from the Department of Public Works shall be submitted
to the Department of Planning Services.
4) Section 23-2-250.B.6— Light. Any lighting, including light from high
temperature processes, such as welding or combustion, shall be
designed, located, and operated in such a manner as to meet the
following standards: sources of light shall be shielded so that beams
or rays of light will not shine directly onto adjacent properties; neither
the direct nor reflected light from any light source may create a
traffic hazard to operators of motor vehicles on public or private
streets; and no colored lights may be used which may be confused
with, or construed as, traffic control devices. The application
materials did not include a Lighting Plan. Should exterior lighting be
a part of this facility, all light standards shall be delineated on the
plat.
J. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) All public rights-of-way, with dimensions.
3) The existing propane tanks, any ditches or easements associated
with the proposed USR, the dimensions describing meets and
bounds of the proposed USR area, and any existing or proposed
septic areas.
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4) Setbacks from oil and gas structures, as required by
Section 23-3-50.E of the Weld County Code, shall be delineated on
the plat.
K. The applicant shall submit two (2) paper copies of the plat, for preliminary
approval, to the Weld County Department of Planning Services.
2. Prior to operation:
A. If interested, the applicant shall contact the Weld County Sheriff's Office to
discuss development of a security plan for the site, free of charge.
3. Upon completion of Conditions of Approval #1 and #2 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.
4. 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 be added for each additional three (3) month period.
5. 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.
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 16th day of January, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
,7 q /� WELD COUNTY, COLORADO
ATTEST: �„_::, -. j �� 7
}; I H. Jerke, Chair
Weld County Clerk to the Board 1864 a
R° , D. M n, Pro-Tem
BY: t '• 1 .t 7
Deputy erk to the Board `' F
illia G rcia
•
O D ) ) C Cy
David E. Long
my Attorney �Cy , )d a�ter
R Douglas pdemacherher
Date of signature: `3)7 '5
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
J AND M PARTNERSHIP, LLC
USR #1546
1. The Site Specific Development Plan and Use by Special Review Permit#1546 is for Uses
Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial
or Industrial Zone Districts (parking of trucks, trailers, semi-trailers, recreational vehicles,
construction and farm equipment;warehousing and storage of equipment, machinery, and
agricultural supplies; minor assembling; repairing, manufacturing, and fabricating
agricultural supplies and equipment; and storage of modular home components) in the
A (Agricultural) Zone District, as indicated in the application materials on file 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. Prior to locating any additional uses on the site, information must be submitted to the
Department of Planning Services, the Eaton Fire Protection District, and the Department
of Building Inspection, to determine if the proposed use will constitute a substantial change
to the approved Use by Special Review Permit, or if additional infrastructure will be
required. The information shall include the type of business, copy of a lease, if applicable,
number of employees, area to be used or leased by the business, and any additional
information deemed necessary by the Department of Planning Services. Substantial
changes will require an amendment to the Use by Special Review permit.
4. Parking spaces, including the access drive,shall be surfaced with gravel,asphalt, concrete,
or the equivalent, and shall be graded to prevent drainage problems.
5. The historical flow patterns and runoff amounts will be maintained on the site in such a
manner that it will reasonably preserve the natural character of the area and prevent
property damage of the type generally attributed to runoff rate and velocity increases,
diversions, concentration, and/or unplanned ponding of storm runoff.
6. As indicated in application materials, the number of employees on the site shall not exceed
five (5).
7. As indicated in application materials,traffic from the site shall not exceed 40 round trips per
day.
8. The future uses of the buildings may be limited by setbacks to oil and gas structures.
Section 23-3-50.E of the Weld County Code states, "No building or structure, as defined
and limited to those occupancies listed as Groups A, B, E, F, H, I, M, and R, in
Section 302.1 of the 2003 International Building Code, shall be constructed within a
two-hundred-foot radius of any tank battery, or within a one-hundred-fifty-foot radius of any
wellhead. Any construction within a two-hundred-foot radius of any tank battery, or
one-hundred-fifty-foot radius of any wellhead, shall require a variance from the terms of
Section 23-3-10 of this Code".
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9. 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.
10. 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.
11. 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.
12. The applicant shall operate in accordance with the approved Waste Handling Plan.
13. 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.
14. In the event an above ground storage tank is located on the site, the applicant shall
comply with all provisions of the Underground and Above Ground Storage Tank
Regulations (7 CCR 1101-14).
15. 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.
16. 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.
17. Adequate hand washing and toilet facilities shall be provided for employees and patrons of
the facility.
18. The hand washing and toilet facilities shall be made available to all users of the site during
business hours.
19. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
20. The facility shall utilize the existing public water supply(North Weld County Water District).
21. 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.
22. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
23. 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.
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24. Effective August 1, 2005, building permits issued on the proposed lots will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee Programs.
25. A plan review is required for any additional building. 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.
26. 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: 2003
International Building Code, 2003 International Mechanical Code, 2003 International
Plumbing Code, 2002 National Electrical Code, and Chapter 29 of the Weld County Code.
27. Each building will require an engineered foundation based on a site-specific Geotechnical
Report or an open hole inspection performed by a Colorado registered engineer.
Engineered foundations shall be designed by a Colorado registered engineer.
28. Building height, setbacks, and offset distance shall be determined by Chapter 23 of the
Weld County Code. Separation of buildings of mixed occupancy classifications shall be in
accordance with Section R309.2 of the 20061nternational Residential Code.
29. Building heights shall be measured in accordance with the 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. Offset and setback requirements are measured to the farthest projection
from the building.
30. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
31. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
32. Weld County personnel shall be granted access onto the property at any reasonable time
in order to ensure the activities carried out on the property comply with the Development
Standards stated herein and all applicable Weld County regulations.
33. The Use by Special Review area shall be limited to the plans shown hereon and governed
by the foregoing standards and all applicable Weld County regulations. Substantial
changes from the plans or Development Standards, as shown or stated, shall require the
approval of an amendment of the Permit by the Weld County Board of County
Commissioners before such changes from the plans or Development Standards are
permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
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34. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards
may be reason for revocation of the Permit by the Board of County Commissioners.
35. The site shall be leased to a single user. At such time that the tenant changes, the property
owner will supply the Department of Planning Services with a detailed description of the
new use and user.
36. All activity shall take place within the primary structure. The smaller wooden outbuildings
on the site shall be used only for storage. Items being stored shall be associated with the
tenant of the primary structure or the personal property of the owner.
37. The applicant shall be allowed to increase the number of employees at the site, concurrent
with the number of required parking spaces, so long as the septic system is appropriately
upgraded, and the nature of the operations at the site remains similar to the uses stated
within this Resolution.
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