HomeMy WebLinkAbout20072002.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1615 FORA USE PERMITTED AS A USE BY RIGHT,ACCESSORY USE,OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(MANUFACTURING OF LANDSCAPE BLANKETS)IN THE A(AGRICULTURAL)ZONE
DISTRICT - HORTON FARMS II, LLC, C/O STEPHEN PARRY
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 8th day of
August,2007,at the hour of 10:00 a.m.in the Chambers of the Board for the purpose of hearing the
application of Horton Farms II, LLC,885 South Colorado Boulevard, Denver,Colorado 80246-8006,
c/o Stephen Parry,5336 Flatrock Court,Morrison,Colorado 80465,for a Site Specific Development
Plan and Use by Special Review Permit#1615 for a Use Permitted as a Use by Right,Accessory
Use, or Use by Special Review in the Commercial or Industrial Zone Districts (manufacturing of
landscape blankets)in the A(Agricultural)Zone District on the following described real estate,being
more particularly described as follows:
Part of the SW 1/4/4 of Section 28, Township 2 North,
Range 64 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was represented by Steven Parry and Brian Dingels,
412 Highway 22 South, Mapleton, Minnesota 56065, 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 23-2-230.8 of the Weld County Code as follows:
a. Section 23-2-230.8.1 --The proposed use is consistent with Chapter22 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.
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SPECIAL REVIEW PERMIT#1615 - HORTON FARMS II, LLC, C/O STEPHEN PARRY
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b. Section 23-2-230.B.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 23-2-230.6.4--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.
e. Section 23-2-230.6.5 -- The site does not lie within any Overlay Districts.
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 23-2-230.6.7 -- 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 Horton Farms II,LLC,do Stephen Parry,fora Site Specific
Development Plan and Use by Special Review Permit#1615 fora Use Permitted as a Use by Right,
Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts
(manufacturing of landscape blankets) 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. The applicant shall submit a detailed Sign Plan to the Weld County
Department of Planning Services for review and approval.
B. The applicant shall complete Subdivision Exemption #1107, Recorded
Exemption #4605, and Recorded Exemption #4606.
C. The applicant shall provide the Department of Planning Services with a copy
of a recorded deed for the property.
D. The applicant shall obtain an access permit from the Colorado Department
of Transportation. Additional requirements may be necessary to obtain or
upgrade the permit. Evidence of approval shall be submitted to the
Department of Planning Services.
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E. The applicant shall provide the Departments of Planning Services and Public
Health and Environment with evidence that the facility has an adequate water
supply consisting of a commercial/industrial well permit from the State of
Colorado, Division of Water Resources.
F. The applicant shall submit evidence of an Air Pollution Emissions Notice
(A.P.E.N.) and Emissions Permit application for the Air Pollution Control
Division (APCD) of the Colorado Department of Public Health and
Environment. Alternately,the applicant can provide evidence from the APCD
that they are not subject to these requirements. The applicant shall submit
written evidence to the Department of Planning Services that they have met
the requirements of the Department of Public Health and Environment.
G. 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 applicant shall submit written evidence
to the Department of Planning Services that they have met the requirements
of the 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).
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).
H. The applicant shall address the conditions of the Weld County Department
of Building Inspection, as indicated in a referral response dated May 17,
2007. Written evidence of such shall be submitted to the Department of
Planning Services.
The applicant shall address the requirements of Weld County Department
of Planning Services, as stated in the Landscape referral dated April 27,
2007. Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
J. The applicant shall address the requirements of the Colorado Department
of Transportation(CDOT),as stated in the referral response dated May 10,
2007. CDOT shall review and approve a Drainage Study and a Traffic
Impact Study. Additional requirements may then be included. Evidence of
approval shall be submitted, in writing, to the Weld County Department of
Planning Services.
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K. The applicant shall attempt to address the requirements of the State of
Colorado, Division of Wildlife, as stated in the referral response dated
May 14, 1007. Evidence of such shall be submitted, in writing,to the Weld
County Department of Planning Services.
L. The applicant shall attempt to address the requirements of the Weld County
Sheriffs Office, as stated in the referral response dated April 29, 2007.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
M. The applicant shall address the requirements of the Weld County
Department of Public Works, as stated in the referral responses dated
May 18,2007,and May 22,2007,including a Drainage Report and a possible
Traffic Report. Evidence of such shall be submitted, in writing,to the Weld
County Department of Planning Services.
N. The applicant shall address the requirements of the Weld County
Department of Public Health and Environment, as stated in the referral
response dated June 1, 2007. Evidence of such shall be submitted, in
writing, to the Weld County Department of Planning Services.
O. The applicant shall complete all proposed improvements, including those
regarding landscaping, screening, access improvements, and parking lot
requirements,or enter into an Improvements Agreement According to Policy
Regarding Collateral for Improvements and post adequate collateral for all
required materials. The agreement and form of collateral shall be reviewed
by County staff and accepted by the Board of County Commissioners prior
to recording the plat.
P. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR-1615.
2) The attached Development Standards.
3) 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.
4) The Department of Planning Services has determined from the
application materials that twenty-two (22) parking spaces, one (1)
truck loading facility, and one (1) parking space that meets the
requirements of the Americans with Disabilities Act (ADA), will be
required on the site.
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5) The off-street arking/loading areas,including the access drive,shall
be surfaced ith gravel, asphalt, concrete, or the equivalent, and
shall be grade to prevent drainage problems. Each parking space
should be eq ipped 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 lantings.
6) All future rights-of-way and easements shall be identified and placed
on the plat.
7) 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.
8) The approved Landscape and Screening Plan.
Q. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit a
Mylar plat, along with all other documentation required as Conditions of Approval.
The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder
by the Department of Planning Services. The plat shall be prepared in 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. 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.
5. Prior to the issuance of building permits:
A. The applicant shall provide a written sign-off from the South East Weld Fire
Protection District to the Department of Building Inspection.
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6. Prior to Certificate of Occupancy
A. An Individual Sewage Disposal System is required for the proposed modular
office and shall be installed according to the Weld County Individual Sewage
Disposal System(I.S.D.S.)Regulations. The applicant shall submit written
evidence to the Department of Building Inspection that they have met the
requirements of the Department of Public Health and Environment.
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.
The applicant shall submit written evidence to the Department of Building
Inspection that they have met the requirements of the Department of Public
Health and Environment.
7. 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 grater than, or equal to, one(1)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. The applicant shall submit written evidence to the
Department of Planning Services that they have met the requirements of the
Department of Public Health and Environment.
8. 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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SPECIAL REVIEW PERMIT#1615 - HORTON FARMS II, LLC, CIO STEPHEN PARRY
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The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 8th day of August, A.D., 2007.
+I�•
E 1%'OARD OF COUNTY COMMISSIONERS
G ` LigeOUNTY, COL RADO
ATTEST: Mi �' `'E ele
" •rif iid E. Long, Chair
Weld County Clerk to the Bo- .a /
��►� William Je ro-Tem
BY:
D CI&tOB& (
Willi F. Garcia
AP DAST a.
Robert D. Masden
u ty Atto ey ,.,,,,chke
Douglas Rademacher
Date of signature: (19 /07
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
HORTON FARMS II, LLC, C/O STEPHEN PARRY
USR#1615
1. The Site Specific Development Plan and Use by Special Review Permit#1615 is for a Use
Permitted as a Use by Right,Accessory Use,or Use by Special Review in the Commercial
or Industrial Zone Districts(manufacturing of landscape blankets)in the A(Agricultural)Zone
District, 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. Material shall not exceed the height of the opaque screening.
4. The hours of operation are twenty-four (24) hours a day, seven (7) days a week.
5. There shall be no more than twelve (12) employees on the site.
6. 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 forfinal disposal in a manner that
protects against surface and groundwater contamination.
7. 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.
8. 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.
9. The applicant shall operate in accordance with the approved Waste Handling Plan.
10. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
11. 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.
12. Adequate hand washing and toilet facilities shall be provided for employees and patrons of
the site.
13. Sewage disposal for the facility shall be by septic system. Any septic system located on the
property must comply with all provisions of the Weld County Code pertaining to Individual
Sewage Disposal Systems.
14. A permanent,adequate water supply shall be provided for drinking and sanitary purposes.
15. Be aware that groundwater may not meet all drinking water standards as defined by the
Colorado Department of Public Health and Environment. The Weld County Department of
Public Health and Environment strongly encourages well users to test their drinking water
prior to consumption, and periodically thereafter.
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16. 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.
17. If applicable,the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
18. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
19. A plan review is required for each building for which a building permit is required. Plans shall
include a floor plan.Two complete sets of plans are required when applying for each permit.
20. 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: 2006
Intemational 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.
21. Fire resistance of walls and openings,construction requirements,maximum building height,
and allowable areas will be reviewed at the plan review. Setback and offset distances shall
be determined by the Weld County Code.
22. Building height shall be measured in accordance with the 2006 International Building Code
for the purpose of determining the maximum building size and height for various uses and
types of construction, and to determine compliance with the Bulk Requirements from
Chapter 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.
23. A letter of approval shall be provided to the Department of Building Inspection for any
automatic sprinkler requirements from the South East Weld Fire Protection District prior to
construction of any structure.
24. 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.
25. 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.
26. The landscaping on the site shall be maintained in accordance with the approved Landscape
and Screening Plan.
27. On-site lighting, including security lighting if applicable, shall maintain compliance with
Section 23-3-250.6.6 of the Weld County Code.
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28. 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.
29. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
30. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
31. 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.
32. 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.
33. 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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