HomeMy WebLinkAbout20080633.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1640 FOR A USE PERMITTED AS A USE BY RIGHT,ACCESSORY USE, OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(CONCRETE BUSINESS, STORAGE OF EQUIPMENT, AND MAINTENANCE SHOP),
PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED
SUBDIVISION PLAT, OR LOTS PART OF A MAP OR PLAN FILED PRIOR TO
ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS, IN THE
A(AGRICULTURAL) ZONE DISTRICT - MARIO CALDERON
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 12th day of
March, 2008, at the hour of 10:00 a.m. in the Chambers of the Board, for the purpose of hearing
the application of Mario Calderon, 5602 County Road 15, Fort Lupton, Colorado 80621, for a Site
Specific Development Plan and Use by Special Review Permit#1640 for a Use Permitted as a Use
by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts
(concrete business, storage of equipment, and maintenance shop), provided that the property is
not a lot in an approved or recorded subdivision plat, or lots part of a map or plan filed prior to
adoption of any regulations controlling subdivisions, in the A (Agricultural) Zone District, on the
following described real estate, being more particularly described as follows:
Lot A of Recorded Exemption #2914; being part of
the NW 1/4/4 of Section 5, Township 1 North, Range 67
West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was present and represented by Larry Carroll, Jr., The Carroll
Group, Ltd., P.O. Box 886, Brighton, Colorado 80601, 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
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SPECIAL REVIEW PERMIT #1640 - MARIO CALDERON
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non-urban 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 region. The
surrounding property is primarily agricultural in nature, with single-family
homes in close proximity to the north and high-density residential
(mobile-home park)to the west. Section 23-2-240.A.10 of the Weld County
Codes 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 completely 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 by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (concrete business, storage of
equipment, and maintenance shop) in the A (Agricultural) Zone District.
c. Section 23-2-230.B.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The site currently has a single
family home. The surrounding properties consist of high-density residential
(mobile-home park)to the west, single family homes with agricultural uses
to the north, south, and east, and high-powered electrical lines and
scattered oil and gas facilities are also in the vicinity. To the north, Use by
Special Review (USR) Permit #1130 (small delivery company with
warehousing for customers and recreational vehicle storage)was approved
by the Board of County Commissioners on November 13, 1996.
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 Cities of Dacono and Frederick.
The City of Dacono, in its referral dated December 3, 2007, stated the
property is located in an area designated as Medium Density by its
Comprehensive Plan and, therefore, found that approval of the USR
application is not compatible with the intent, goals, objectives, or policies of
the Comprehensive Plan, and the City cannot support the application. No
response was received from the City of Frederick. In accordance with
Section 19-2-60.C.8, if a MUNICIPALITY's objection to,or recommendation
of disapproval of, a Development proposal is based upon a conflict or
incompatibility between proposed uses in the Development and the
MUNICIPALITY's anticipated zoning classification for the property, the
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COUNTY will not approve same unless, in the COUNTY'S judgment:
a) such conflict or incompatibility is unlikely to occur; b) that suitable
mitigation measures to be imposed by the COUNTY as Conditions of
Approval will eliminate or adequately mitigate adverse consequences of
incompatibility or conflict; or c) the MUNICIPALITY's anticipated zoning
classification of the property is unreasonable. The Board finds the following:
a) The site is located east of County Road 15, and adjacent to the City of
Dacono. Surrounding property to the west includes high-density residential
(mobile-home park) and high-powered electrical lines, and oil and gas
facilities are scattered throughout the area. To the north, USR-1130, a
small delivery company with warehousing for customers and recreational
vehicle storage, was approved by the Board of County Commissioners on
November 13, 1996. Incompatibility with the surrounding use is unlikely; b)
As a Condition of Approval, all vehicles and equipment associated with the
business shall be screened from adjacent public rights-of-way and
surrounding properties; and c) The medium-density residential zoning
classification of the property by the City of Dacono is unreasonable due to
the size of the parcel and current surrounding land uses.
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 23-2-230.6.6 --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 Mario Calderon for a Site Specific Development Plan and
Use by Special Review Permit #1640 for a Use Permitted as a Use by Right, Accessory Use, or
Use by Special Review in the Commercial or Industrial Zone Districts(concrete business, storage
of equipment, and maintenance shop), provided that the property is not a lot in an approved or
recorded subdivision plat, or lots part of a map or plan filed prior to adoption of any regulations
controlling subdivisions, in the A(Agricultural)Zone District, on the parcel of land described above
be, and hereby is, granted subject to the following conditions:
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1. Prior to recording the plat:
A. 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 can 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.
B. The applicant shall submit an executed Annexation Agreement with the City
of Dacono, which requires the owner to annex the property to the
municipality upon the terms and conditions as stated in the agreement,
pursuant to Section 19-2-60.C.2 of the Weld County Code, or, provide proof
of a good-faith effort to obtain such agreement. Alternately,the municipality
may state, in writing, that it does not intend to annex the property.
C. The applicant shall attempt to address the requirements and concerns of the
City of Dacono, as stated in the referral response dated December 3, 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 Weld
County Department of Public Works, as stated in the referral response
dated December 6, 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 Health and Environment, as stated in the
referral response dated December 20, 2007. 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 Planning Services Landscape referral, dated
November 27, 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 Building Inspection,as stated in the referral response
dated December 4, 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 Mountain
View Fire Protection District, as stated in the referral response dated
November 20, 2007. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
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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.
J. 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
(including the facility name, address, and phone number).
K. The applicant shall submit a Landscaping 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
from adjacent properties. 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.
L. 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.
M. The plat shall be amended to delineate the following:
1) All sheets shall be labeled USR-1640.
2) The attached Development Standards.
3) The plat shall be prepared in accordance with Weld County Code
Section 23-2-260.D.
4) County Road 15 is designated on the County Road Classification
Plan as a local paved road, which requires 60 feet of right-of-way at
full buildout. There is presently 60 feet of right-of-way. The
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applicant shall reserve an additional 40 feet of future right-of-way,for
a total of 70 feet of right-of-way, from the centerline of County
Road 15. The applicant shall verify the documents creating the
right-of-way. This road is maintained by Weld County.
5) The existing access shall be utilized, as no new accesses are
allowed. A 40-foot radius is required on all accesses to public roads
for accesses designed to accommodate truck traffic. The applicant
shall submit a plan demonstrating the turning radii onto, and off of,
County Road 15 to the Department of Public Works for review and
approval. Evidence of approval shall be submitted to the
Department of Planning Services. The plat shall delineate the
approved adequate turning radii onto, and off of, County Road 15.
6) The plat shall identify any types of rights-of-way and/or easements
that exist on the site.
7) 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.
8) 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.
9) The applicant shall provide a Parking Plan that 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.
10) The Department of Planning Services has determined, from the
application materials, that ten (10) parking spaces and one (1)
Americans with Disability Act (ADA) parking space will be required
on the site. Each parking space should 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.
11) The approved Landscaping and Screening Plan.
12) 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.
N. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
O. The mobile home located on the site shall be removed. Written evidence
or removal shall be submitted 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. 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 inquire with the Water Quality Control Division (WQCD) of the
Colorado Department of Public Health and Environment, at
www.cdphe.state.co.us/wq/PermitsUnit, if they are required to obtain a
Stormwater Discharge Permit. Alternately, the applicant can provide
evidence from the WQCD that they are not subject to these requirements.
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 12th day of March, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
''b WELD COUNTY, COLORADO
ATTESTili.nsfaviSaL
Wi liam H. Jerke, Chair
WV j
Weld County Clerk to the Board _ t
/ Fit "k
Robert D. Ma:.e , Pro-Tem
BY: l u ►��� i j ,��
De��ty Cher A• the Board (/j
Will' F. Garcia
ED A •
David E. Long
y Attorney a . r
Dougl s Rademac er
Date of signature: `- -L"s-'
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PL1957
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MARIO CALDERON
USR#1640
1. A Site Specific Development Plan and Use by Special Review Permit#1640 is for a Use
Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial
or Industrial Zone Districts (concrete business, storage of equipment, and maintenance
shop)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.
8. 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.
9. Adequate hand washing and toilet facilities shall be provided for employees and patrons of
the facility.
10. The facility shall utilize the existing public water supply (Central Weld County Water
District).
11. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
12. 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.
13. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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14. 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 change of use of any
existing buildings.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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.
20. A letter of approval shall be provided to the Department of Building Inspection, from the
Mountain View Fire Protection District, prior to construction of any structure.
21. 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.
22. 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.
23. 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. The applicant must
take into consideration stormwater capture/quantity and provide accordingly for Best
Management Practices.
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24. The hours of operation are from 7:00 a.m.. to 6:00 p.m., Monday through Saturday.
25. There shall be no more than eight(8)employees on the site at any given time, not including
residents thereof.
26. 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 Mountain View 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 Permit
application.
27. 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.
28. 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.
29. The landscaping and screening on the site shall be maintained in accordance with the
approved Landscape and Screening Plan.
30. 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.
31. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
32. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
33. 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.
34. 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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35. 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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