HomeMy WebLinkAbout20070247.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1584 FOR A USE PERMITTED AS A USE BY RIGHT,ACCESSORY USE,OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL AND INDUSTRIAL ZONE
DISTRICTS (CONSTRUCTION BUSINESS WITH TWO SHOP BUILDINGS, AN
OFFICE,AND OUTDOOR STORAGE) IN THE A(AGRICULTURAL)ZONE DISTRICT-
GERRARD FAMILY LIMITED PARTNERSHIP, LLLP
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 14th day of
February,2007,at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Gerrard Family Limited Partnership, LLLP, 1739 South County Road 13C,
Loveland,Colorado 80537,for a Site Specific Development Plan and Use by Special Review Permit
#1584 for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial and Industrial Zone Districts(construction business with two shop buildings,an office,
and outdoor storage)in the A(Agricultural)Zone District on the following described real estate,being
more particularly described as follows:
Part of the SW 1/4 of Section 18, Township 5 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was represented by Nathan Gerrard 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 23-2-230.6.1 —The proposal is consistent with Chapter 22 of the
Weld County Code and any other applicable code provisions or ordinance in
effect. Some relevant sections included the following:
1) Section 22-2-60(A.Goal 4)states,"Conversion of agricultural land to
nonurban residential, commercial, and industrial uses will be
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SPECIAL REVIEW PERMIT#1584 - GERRARD FAMILY LIMITED PARTNERSHIP, LLLP
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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 application materials indicate that
the site can support the proposed use. The Conditions of Approval
and Development Standards ensure that a reasonable attempt will be
made to be compatible with the area.
2) Section 22-2-170.C(C.Goal 3)states,"Address the compatibility of
commercial land uses with adjacent land uses." The applicant
proposes significant screening and landscaping of the site to mitigate
its impact and to ensure compatibility with the adjacent uses. The
eastern portion of the property will remain available for agricultural
uses,therefore, impacts to surrounding property owners to the east
will be minimal.
b. Section 23-2-230.6.2--The proposal is consistent with the intent of the Zone
District in which the use is located. The subject property is zoned
A(Agricultural). Commercial and industrial uses of all types are supported
within the A(Agricultural)Zone District as Uses by Special Review,as noted
by Section 23-3-40.R as follows: "Any use permitted as a Use by Right, an
Accessory Use,or a Use by Special Review in the Commercial or Industrial
Zone Districts, 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."
c. Section 23-2-230.B.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. Surrounding uses include
agriculture with associated housing and support facilities, with the closest
residence located immediately adjacent to the north along Weld County
Road 13. The Indianhead Subdivision is located approximately one-half mile
to the northeast. The zoning surrounding the site is Agricultural; land to the
west of the site is located within Larimer County. The site is located
approximately one-half mile south of U.S. Highway 34,and the applicant is
proposing to pave the section of road from the Highway to the site. The
Conditions of Approval and the proposed Use by Special Review Permit Plan
Map will ensure that the proposed use is limited to the western half of the
property and remains compatible with surrounding 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. The
proposed use is compatible with the area as discussed above and is
permitted within the existing A (Agricultural) Zone District. The subject
property is located within the three-mile referral area of the Towns of
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Johnstown and Windsor and the City of Greeley,as well as Larimer County.
Only the City of Greeley provided referral comments, which reiterate
comments of other referral agencies about landscaping and outdoor storage.
No comments were received from the Town of Johnstown or Larimer
County,and the Town of Windsor indicated no concerns with the application.
The site does not lie within any Intergovernmental Agreement (IGA)
boundaries.
e. Section 23-2-230.6.5--The application complies with Chapter 23,Article V,
of the Weld County Code. 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
proposed lots will be required to adhere to the fee structure of the Capital
Expansion Impact Fee and the Stormwater/Drainage Impact Fee.
f. Section 23-2-230.6.6-The applicant has demonstrated a diligent effort to
conserve prime farmland. Approximately 18 acres of the 41-acre lot will be
used for the construction business; the remainder will continue to be used
for agricultural purposes. The United States Department of Agriculture
(U.S.D.A.) Soil Map indicates the entire site is located on prime(irrigated)
farmland.
g. Section 23-2-230.6.7 - There is adequate provision for protection of the
health, safety, and welfare of the inhabitants of the neighborhood and the
County. The Design Standards (Section 23-2-240), Operation Standards
(Section 23-2-250),Conditions of Approval,and Development Standards will
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 Gerrard Family Limited Partnership, LLLP, for a Site
Specific Development Plan and Use by Special Review Permit#1584 fora Use Permitted as a Use
by Right,Accessory Use,or Use by Special Review in the Commercial and Industrial Zone Districts
(construction business with two shop buildings,an office,and outdoor storage)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 Use by Special Review Permit Plan Map,the following shall be
addressed:
A. The applicant shall have in place,with K.P. Kauffman Company, Inc.,and its
lessees,an agreement for the compatible development for the surface estate
and oil and gas estates, or they shall provide evidence of an adequate
attempt to reach such agreement.
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B. The applicant shall submit a Dust Abatement Plan,for review and approval,
to the Weld County Department of Public Health and Environment. Written
evidence of completion shall be provided to the Department of Planning
Services.
C. The applicant shall provide a detailed Design and Operation Plan for the area
used for equipment or vehicle washing. The washing area shall be designed
and constructed to capture all effluent and prevent any discharges in
accordance with the Rules and Regulations of the Water Quality Control
Commission and the Environmental Protection Agency. Written evidence of
completion shall be provided to the Department of Planning Services.
D. The applicant shall submit evidence of an Above-ground Storage Tank
Permit from the Colorado Department of Labor and Employment(CDL&E),
Oil Inspection Section, for any aboveground storage tanks located on the
site. Alternately,the applicant can provide evidence from the(CDL&E),Oil
Inspection Section,that they are not subject to these requirements. Written
evidence of completion shall be provided to the Department of Planning
Services.
E. 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. Written evidence of completion shall be
provided 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).
F. The applicant shall enter into an Off-Site Road Improvements Agreement
with the Weld County Department of Public Works for the upgrade and
paving of Weld County Road 13 from the site to U.S. Highway 34, as
indicated on the plat. Written evidence of completion shall be provided to the
Department of Planning Services.
G. The applicant shall attempt to address the concerns and issues of the City
of Greeley, as indicated in the referral comments dated October 30, 2006.
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H. The applicant shall submit the items requested by the Johnstown Fire
Protection District in the referral dated November 2, 2006, and attempt to
address any concerns or issues that are identified.
The Use by Special Review Permit Plan Map shall be amended as follows:
1) All sheets of the plan map shall be labeled USR-1584.
2) The plan map shall meet all requirements as listed in
Section 23-2-260.D of the Weld County Code.
3) The plan map shall include the attached Development Standards.
4) All items concerning parking spaces, setbacks/offsets, and
screening and landscaping, as identified in the landscape referral
comments dated October 6, 2006, shall be reflected on the map.
5) Section 23-3-250.A.6 of the Weld County Code addresses the issue
of trash collection areas. Areas used for storage or trash collection
shall be screened from 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.
6) Weld County Road 13 is designated on the Weld County Road
Classification Plan as a Strategic Roadway,which requires 140 feet
of right-of-way at full buildout. There is presently 60 feet of
right-of-way. An additional 40 feet shall be delineated on the plat as
future Weld County Road 13 right-of-way. All setbacks shall be
measured from the edge of future right-of-way. The applicant shall
verify the existing right-of-way and the documents creating the
right-of-way. This road is maintained by Weld County.
7) The off-street parking spaces, including the access drive, shall be
surfaced with asphalt, concrete, or the equivalent, and shall be
graded to prevent drainage problems. The paved parking area shall
be provided to meet the requirements of employees, company
vehicles,visitors, and customers adjacent to the office facility. The
remaining portion of the site shall be gravel, recycled asphalt,or the
equivalent to accommodate employees, trucks, and equipment
parking.
8) Each parking space shall be equipped with wheel guards, or curb
stops where needed,to prevent vehicles from extending beyond the
boundaries of the spaces and from coming into contact with other
vehicles, walls, fences, or plantings.
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9) The paved parking lot shall conform to all standards of the American
with Disabilities Act.
10) A minimum of 69 parking spaces shall be required, as provided for
in Appendix 23-B of the Weld County Code. Building 1 is indicated
as an office building, requiring 48 spaces. Buildings 2 and 3 are
considered warehouses, requiring 19 and 2 spaces, respectively.
Additional parking may be required for the fueling station and covered
parking once additional information is provided.
J. The applicant shall submit two (2) paper copies of the plan map for
preliminary approval to the Weld County Department of Planning Services.
K. The applicant or applicant's engineer shall contact the Weld County
Department of Public Works, Drainage Division, to coordinate sizing,
location, and calculating runoff to the detention pond associated with the
proposed site. There is a fee involved in the stormwater review process
(Sections 23-2-240.A.5, 24-7-120, and 24-7-130).
2. At least one month prior to construction activities, 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.
3. Prior to construction of any structure,the applicant shall provide a letter of approval
and address any automatic sprinkler requirements from the Johnstown Fire
Protection District.
4. Prior to the issuance of the Certificate of Occupancy:
A. An individual sewage disposal system is required for the proposed office and
shop buildings and shall be installed according to the Weld County Individual
Sewage Disposal System (I.S.D.S.) Regulations.
B. The septic system is required to be designed by a Colorado registered
professional engineer according to the Weld County I.S.D.S. Regulations.
5. 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 plan map 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
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from the date of the Board of County Commissioners Resolution. The applicant
shall be responsible for paying the recording fee.
6. 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 added for each additional three (3) month period.
7. 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.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 14th day of February, A.D., 2007.
BO OF COUNTY COMMISSIONERS
WE OUNTY, COLORADO
ATTEST: } ill
avid E. Long, Chair
Weld County Clerk to the B d ef, 1,.
V�li liarpi e ro-Tem
BY: �j , . 7.,
, r ,�
Deputy Clerk to the Board
'William F. Garcia
APP D AS O EXCUSED
--/ Robert D. Masden
ounty Attorney q9 ,„�� 2------tJ
Dougla Cher
Date of signature: a/Pa/U 7
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
GERRARD FAMILY LIMITED PARTNERSHIP, LLLP
USR#1584
1. The Site Specific Development Plan and Use by Special Review Permit#1584 is for a Use
Permitted as a Use by Right,Accessory Use,or Use by Special Review in the Commercial
and Industrial Zone Districts(construction business with two shop buildings,an office,and
outdoor storage) in the A (Agricultural) Zone District.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code.
3. The total number of employees for all businesses associated with the site shall not exceed
forty(40) at any one time. In addition to employee, customer, and delivery vehicles, the
number of business truck trips shall be limited to 40 per day,as indicated in the application
materials.
4. Hours of operation shall be limited from 6:00 a.m.to 7:00 p.m., Monday through Saturday.
5. Landscaping and screening on the site shall be maintained in conformance with the
approved Landscape/Screening Plan at all times.
6. Lighting on the site shall be maintained in conformance with the approved Lighting Plan at
all times.
7. 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.
8. 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.
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.
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13. The applicant shall comply with all provisions of the Underground and Above Ground Storage
Tank Regulations (7 CCR 1101-14).
14. Any vehicle washing area(s)shall capture all effluent and prevent discharges from drum
washing and the washing of vehicles in accordance with the Rules and Regulations of the
Water Quality Control Commission and the Environmental Protection Agency.
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. Sewage disposal for the development 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.
19. The facility shall utilize the existing public water supply(Little Thompson Water District).
20. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
21. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
22. A building permit shall be obtained prior to the construction of structures.
23. 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. The applicant shall include a Code
Analysis Data sheet, which is provided by the Weld County Department of Building
Inspection, with each building permit application.
24. 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,2003 International Fuel Gas Code,2005 National Electrical Code,and Chapter 29 of
the Weld County Code.
25. All 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.
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26. The buildings will be classified as B/S-1 (Office and storage). The shops will be classified
S-1 (motor vehicle repair garages not exceeding the amount of hazardous material in Table
307.7(1)of the 2003 International Building Code). Repair garages are required to have an
automatic fire sprinkler system when exceeding 12,000 square feet. 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.
27. Building height shall be measured in accordance with the 2003 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.
28. The applicant shall provide a letter of approval and address any automatic sprinkler
requirements from the Johnstown Fire protection District prior to construction of any
structure.
29. 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.
30. 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.
31. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
32. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, 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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