HomeMy WebLinkAbout20070153.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SECOND AMENDED USE BY
SPECIAL REVIEW PERMIT #726 FOR USES PERMITTED AS A USE BY RIGHT,
ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICT (ONION STORAGE AND PROCESSING FACILITY,
LAWN MOWER WAREHOUSE, FENCING MANUFACTURING FACILITY, OFFICES,
WAREHOUSING AND TRANSFER FACILITIES), OIL AND GAS SUPPORT AND
SERVICE OPERATIONS FACILITIES; AND AGRICULTURAL SERVICE
ESTABLISHMENTS PRIMARILY ENGAGED IN PERFORMING AGRICULTURAL
ANIMAL HUSBANDRY OR HORTICULTURAL SERVICES ON A FEE OR CONTRACT
BASIS (SORTING, GRADING, AND PACKING FRUITS AND VEGETABLES; CROP
DUSTING OR SPRAYING OPERATIONS FACILITIES; GRAIN AND FEED SALES;
SEED PRODUCTION, PROCESSING, STORAGE, MIXING, BLENDING, AND SALES;
AND FARM EQUIPMENT SALES, REPAIR,AND INSTALLATION FACILITIES), IN THE
A (AGRICULTURAL) ZONE DISTRICT - RALPH NIX PRODUCE, INC.
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 31st day of
January,2007, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Ralph Nix Produce, Inc., 16885 Weld County Road 44, LaSalle,Colorado 80645,
for a Site Specific Development Plan and Second Amended Use by Special Review Permit#726
for Uses Permitted as a Use by Right,Accessory Use,or Use by Special Review in the Commercial
or Industrial Zone District(onion storage and processing facility, lawn mower warehouse,fencing
manufacturing facility,offices,warehousing and transferfacilities);Oil and Gas Support and Service
Operations Facilities; and Agricultural Service Establishments primarily engaged in performing
agricultural animal husbandry or horticultural services on a fee or contract basis(sorting,grading,
and packing fruits and vegetables; crop dusting or spraying operations facilities; grain and feed
sales; seed production, processing, storage, mixing, blending, and sales; and farm equipment
sales,repair,and installation facilities),in the A(Agricultural)Zone District on the following described
real estate, being more particularly described as follows:
Lot A of Recorded Exemption#850; being part of the
SE1/4 of Section 14, Township 4 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS,said applicant was represented by Tiffane Johnson, Landmark Engineering,
3521 West Eisenhower Boulevard, Loveland, Colorado 80537, 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
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2ND AMENDED SPECIAL REVIEW PERMIT#726 - RALPH NIX PRODUCE, INC.
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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. The request complies with Section 23-2-230.B.1 of the Weld County Code,
that the proposal is consistent with Chapter 22 and any other applicable code
provisions or ordinance in effect. Some relevant sections include the
following:
1) Section 22-2-60.A (A.Policy 1.1) — "Agricultural zoning will be
established and maintained and promote the Country's agricultural
industry. Agricultural zoning is intended to provide areas for
agricultural activities and other uses interdependent upon
agriculture." The site has been used most recently as an onion
storage and processing plant, the use allowed under AmUSR-726,
recorded September 22, 1994,Reception No.2407697. The uses for
Second Amended Use by Special Review are broad in nature —
commercial and industrial uses (both uses by right and by special
review),including lawn mower warehousing,fencing manufacturing,
offices, warehousing, oil and gas storage facilities, oil and gas
support and service operations facilities, agricultural service
establishments, and continued use for onion processing. These
uses are all commonly associated with agriculture,and the history of
agricultural support industries on the site supports this broader
allowance of similar uses.
2) Section 22-2-60.A(A.Policy 1.3)—"Allow commercial and industrial
uses,which are directly related to,or dependent upon,agriculture,to
locate within the A (Agricultural) Zone District when the impact to
surrounding properties is minimal,and where adequate services and
infrastructure are currently available or reasonably obtainable.
Agricultural businesses and industries will be encouraged to locate
in areas that minimize the removal of agricultural land from
production. Agricultural business and industries are defined as those
which are related to ranching, livestock production, farming and
agricultural uses." The proposed site, consisting of eight acres, is
already taken out of agricultural production. The various uses
proposed by this application are types of commercial and industrial
uses that support agricultural activity. Because of its existing use,
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impacts to the surrounding properties will be minimal, and water,
sewer, and other services needed at the site are available.
b. Section 23-2-230.6.2 -- The proposal is consistent with the intent of the
district in which the use is located. The subject property is zoned
A(Agricultural). The proposed uses are variously related to agriculture, as
discussed above. Commercial and industrial uses of all sorts 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,ora 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 or part of a map or plan filed prior to
adoption of any regulations controlling subdivisions."
c. Section 23-2-230.6.3--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. The zoning
surrounding the site is Agricultural. The site is located approximately
one-half mile east of U.S. Highway 85 on Weld County Roads 35 and 44,
which are both paved. Residences are located in close proximity to the east
and south.
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
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 Gilcrest
and LaSalle, and the City of Evans. The Town of Gilcrest and the City of
Evans had no concerns with the proposed uses;the Town of LaSalle did not
respond to the referral request. 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 has
been made to conserve prime farmland. According to the Platte Valley Soil
Conservation District,in its referral dated August 15,2006,the site is located
on prime(irrigated)farmland. County records indicate the site is located on
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Irrigated (not prime) land; however, the site is already constructed with
structures, and approval of this application will not result in any additional
loss of prime farmland.
g. Section 23-2-230.B.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), proposed 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 Ralph Nix Produce, Inc.,Go Landmark Engineering,for a
Site Specific Development Plan and Second Amended Use by Special Review Permit#726 for a
Use Permitted as a Use by Right,Accessory Use,or Use by Special Review in the Commercial or
Industrial Zone District (onion storage and processing facility, lawn mower warehouse, fencing
manufacturing facility,offices,warehousing and transferfacilities);Oil and Gas Support and Service
Operations Facilities; and Agricultural Service Establishments primarily engaged in performing
agricultural animal husbandry or horticultural services on a fee or contract basis(sorting,grading,
and packing fruits and vegetables; crop dusting or spraying operations facilities; grain and feed
sales; seed production, processing, storage, mixing, blending, and sales; and farm equipment
sales, repair, and installation facilities), 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, with written evidence of completion provided to the Department of
Planning Services:
A. The applicant shall provide written evidence to the Weld County Department
of Public Health and Environment regarding property tenants that may
produce air emissions. The applicant/tenant shall contact the Air Pollution
Control Division(APCD)at the Colorado Department of Public Health and
Environment (CDPH&E). This contact shall determine if an Air Pollution
Emissions Notice (A.P.E.N.)and Emissions Permit application is required
for each individual business being leased by the applicant. Written evidence
of contact shall contain the name and phone number of the APCD
representative contacted. Alternately, the applicant/tenant can provide
evidence that they are not subject to these requirements.
B. The applicant shall ensure that all property tenants 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:
1) A list of wastes which are expected to be generated on the site (this
should include expected volumes and types of waste generated).
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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).
C. The Use by Special Review Permit Plan Map shall be amended as follows:
1) All sheets of the plan map shall be labeled 2ndAmUSR-726.
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) 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.
5) The applicant shall utilize the designated areas for gravel parking at
both locations. Additionally, each parking space shall be equipped
with wheel guards or curb stops,where needed,to prevent vehicles
from extending beyond boundaries of spaces and from coming into
contact with other vehicles, walls, fences, or plantings. All parking
areas shall be designated on the plan map.
6) The additional ten-foot right-of-way along Weld County Road 44 shall
be listed as "future right-of-way."
7) The applicant shall enlarge and deepen the retention pond area by
10,000 cubic feet and place the improved retention area in a recorded
drainage easement, with the stipulation that no buildings or
equipment are to be stored or parked in the retention area.
8) The northernmost access on Weld County Road 35 shall be moved
to a location immediately south of the northernmost building.
D. The applicant shall submit two (2) paper copies of the plan map for
preliminary approval to the Weld County Department of Planning Services.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit a
Mylar plat,along with all other documentation required as Conditions of Approval.
The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder
by the Department of Planning Services. The plat shall be prepared in accordance
with the requirements of Section 23-2-260.0 of the Weld County Code. The Mylar
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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. 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 the
Board of County Commissioners Resolution,a$50.00 recording continuance charge
shall added for each additional three (3) month period.
4. The Department of Planning Services respectfully requests the surveyor provide a
digital copy of this Second Amended 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 31st day of January, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
W OU TY, COLORADO
ATTEST: / �� fr ,:.4 �.
� vid E. Long, Chair
Weld County Clerk to the Bid s (
i861 A 't-'
►� E Vii is H. e, ro-Tem
Deputy Clerk to the Boar. k/ —"
�✓ W a F. Garcia
APPROVED AS TQFOFf ""_—
/ Robert D. Maser
°unty Attorney
Douglas R'adema bier
Date of signature: V7/O7
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
RALPH NIX PRODUCE, INC.
2ND AMUSR#726
1. The Site Specific Development Plan and Second Amended Use by Special Review
Permit#726 is for a Use Permitted as a Use by Right, Accessory Use, or Use by Special
Review in the Commercial or Industrial Zone District(onion storage and processing facility,
lawn mower warehouse,fencing manufacturing facility,offices,warehousing and transfer
facilities); Oil and Gas Support and Service Operations Facilities;and Agricultural Service
Establishments primarily engaged in performing agricultural animal husbandry or
horticultural services on a fee or contract basis (sorting, grading, and packing fruits and
vegetables; crop dusting or spraying operations facilities; grain and feed sales; seed
production, processing, storage, mixing, blending, and sales; and farm equipment sales,
repair, and installation facilities), 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. Landscaping and screening on the site shall be maintained in conformance with the
approved Landscape/Screening plan at all times.
4. The number of total employees for all businesses associated with the site shall not exceed
thirty-two (32) on the site at any one time; however, the number of employees may be
increased in accordance with the accommodation of the septic system approved pursuant
to Development Standard #15.
5. 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.
6. The property owner shall allow any mineral owner the right of ingress or egress for the
purposes of exploration,development,completion,re-completion,re-entry,production,and
maintenance operations associated with existing or future operations located on these
lands.
7. 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.
8. 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.
9. 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.
10. The applicant and tenants shall operate in accordance with the approved Waste Handling
Plan.
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11. No on-site disposal of produce of any type shall be permitted at any time. Produce shall be
handled and stored at the facility in such a manner so that no nuisance is created by odor,
blowing of debris, fugitive dust, or spoiled produce on, or around, the facility.
12. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
13. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial
Zone District, as delineated in Section 25-12-103, C.R.S.
14. Adequate hand washing and toilet facilities shall be provided foremployees and patrons of
the facility.
15. 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 System (I.S.D.S.) Regulations.
16. A permanent,adequate water supply shall be provided for drinking and sanitary purposes.
17. 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.
18. In the event the applicant or tenants intend to wash vehicles or equipment on the site, the
applicant and/or tenant 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.
19. A building permit shall be obtained prior to any change of use of the building or when any
portion of the buildings are leased. A plot plan is required showing all existing structures,the
square footage of each existing structure,the distance between structures,and the distance
to all property lines.
20. A plan review is required for each change of use and when portions of the buildings are
leased. 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. Plans shall show the
entire floor plan and the use of each space in that particular building. Include stamped
mechanical and plumbing drawings if heating and plumbing are changed or added. Provide
size of electrical service to each separate building or tenant. Occupancy type may require
that the entire buildings be equipped with an automatic fire sprinkler system. This will be
determined at plan review.
21. 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, 2005 National Electrical Code, 2003 International Fuel Gas Code, and
Chapter 29 of the Weld County Code.
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22. Building wall and opening protection shall be in accordance with the Building Code. Setback
and offset distances shall be determined by Chapter 23 of the Weld County Code.
23. Building height 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 27 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.
24. The applicant shall provide a letter of approval from the LaSalle Fire Protection District prior
to any change of use or before leasing any part of the buildings.
25. The operation shall comply with all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
26. 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.
27. 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.
28. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
29. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
30. 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.
31. The Second Amended 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.
32. 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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