HomeMy WebLinkAbout20072815.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1616 FOR A USE SIMILAR TO THE USES LISTED AS A USE BY SPECIAL
REVIEW(TRADE SCHOOL) IN THE A(AGRICULTURAL) ZONE DISTRICT- DONALD
SACK, C/O MOUNTAIN STATES LINE CONSTRUCTORS JATC
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 19th day of
September, 2007, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Donald Sack, c/o Mountain States Line Constructors JATC, for a Site
Specific Development Plan and Use by Special Review Permit#1616 for a use similar to the uses
listed as a Use by Special Review (trade school) in the A (Agricultural) Zone District on the
following described real estate, being more particularly described as follows:
Lot A of Recorded Exemption #4578; being part of
the SE1/4 of Section 32, Township 1 North, Range
65 West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was present and represented by Lauren Light, Tetra Tech,
1900 South Sunset Street, Suite 1-F, Longmont, Colorado 80501, 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 22-2-60
(A.Goal 4) states, "Conversion of agricultural land to nonurban 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." Application materials indicate 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 surrounding lands. The property is currently vacant.
The site will be serviced by a proposed septic system and a proposed
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commercial well. The applicant applied for a commercial well through the
State of Colorado, Division of Water Resources, on April 23, 2007. Prior to
recording the plat, the applicant shall provide evidence to the Department
of Planning Services that a finalized commercial well permit has been
obtained, in compliance with the State of Colorado, Division of Water
Resources.
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.V of the Weld County Code
provides for uses similar to the uses listed in Section 23-3-40 as Use by
Special Review, as long as the use complies with the general intent of the
(Agricultural) Zone District. The site is proposed to be utilized by an
electrical lineman apprenticeship trade school. The property will be utilized
for pasturing of cattle during the week and on the weekends whenever the
facility is not being used for training.
c. Section 23-2-230.B.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The surrounding properties are
primarily agricultural, with a few homes in close proximity. The Farmers
Reservoir and Irrigation Company ditch runs along the eastern edge of the
property. No letters have been received from surrounding property owners
since the application has been submitted. The applicant has submitted, as
a part of the application, five letters in support of the proposal. The
applicant is requesting a sign that exceeds the size allowed in the
A (Agricultural) Zone District. The sign is proposed to be twenty-one (21)
feet in height and 156-square-feet in size. The Conditions of Approval and
Development Standards will ensure compatibility with adjacent properties.
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
subject property does not lie within any Intergovernmental Agreement area.
The subject property does lie within the three-mile referral area for the Town
of Hudson and Adams County. Adams County did not respond to the
referral and the Town of Hudson, in the referral received May 23, 2007,
indicated no objections to the application.
e. Section 23-2-230.B.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.
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f. Section 23-2-230.B.6 --The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The site consists of approximately 12 acres and is currently vacant.
The property will be utilized for pasturing of cattle during the week and on
the weekends whenever the facility is not being used for training. The
United States Department of Agriculture (U.S.D.A.) Soil Maps indicate the
soils on this property are designated as "irrigated land, not prime."
g. Section 23-2-230.8.7 -- The Design Standards (Section 23-2-240),
Operation Standards (Section 23-2-250), 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 Donald Sack, do Mountain States Line Constructors
JATC, for a Site Specific Development Plan and Use by Special Review Permit#1616 for a use
similar to the uses listed as a Use by Special Review (trade school), 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. Section 22-5-100.A of the Weld County Code states, "Oil and gas
exploration and production should occur in a manner which minimizes the
impact to agricultural uses and the environment and reduces the conflicts
between mineral development and current and future surface uses."
Section 22-5-100.8 of the Weld County Code states, "...encourage
cooperation, coordination, and communication between the surface owner
and the mineral owner/operators of either the surface or the mineral estate."
Section 22-5-100.B.1 of the Weld County Code also states, "New
development should be planned to take into account current and future oil
and gas drilling activity to the extent oil and gas development can
reasonably be anticipated." 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. Otherwise, drill
envelopes may be delineated on the plat, in accordance with State
requirements, as an attempt to mitigate concerns.
B. The applicant shall provide the Departments of Planning Services and Public
Health and Environment with evidence that the facility has an adequate
water supply, and a commercial/industrial well permit from the State of
Colorado Division of Water Resources.
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C. 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. Evidence of written approval
shall be submitted to the Department of Planning Services.
D. 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 the Department of Public Health
and Environment requirements have been met. 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 of
(including the facility name, address, and phone number).
E. The applicant shall provide the Department of Planning Services with a
Property Maintenance Plan which is in compliance with Section 23-2-250.F
of the Weld County Code.
F. The applicant shall complete all proposed improvements, including those
regarding landscaping, screening, access improvements, and parking lot
requirements, or enter into a Private Improvements Agreement According
to Policy Regarding Collateral for Improvements and post adequate
collateral for all landscaping, transportation (access drive, parking areas,
etcetera)and non-transportation(plant materials,fencing,screening,water,
signage etcetera)requirements. The agreement and form of collateral shall
be reviewed by County staff, and accepted by the Board of County
Commissioners, prior to recording the Use by Special Review plat.
Alternately, the applicant may submit evidence that all of the work has been
completed and approved by the Departments of Planning Services and
Public Works.
G. The applicant shall address the requirements and concerns of the
Department of Public Works, as stated in the referral responses dated
May 23, 2007, and June 4, 2007, specifically, the submittal of a final
drainage report and final drainage construction and erosion control plans,
stamped, signed,and dated by a professional engineer licensed in the State
of Colorado. Evidence of such shall be submitted, in writing, to the
Department of Planning Services.
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H. The applicant shall address the requirements and concerns of the
Department of Public Health and Environment, as stated in the referral
response dated June 6, 2007. Evidence of such shall be submitted, in
writing, to the Department of Planning Services.
The applicant shall attempt to address the requirements and concerns of the
Weld County Sheriff's Office, as stated in the referral response dated
June 3, 2007. Evidence of such shall be submitted, in writing, to the
Department of Planning Services.
J. The applicant shall address the requirements and concerns of The Farmers
Reservoir and Irrigation Company, as stated in the referral response dated
May 17, 2007. Evidence of such shall be submitted, in writing, to the
Department of Planning Services.
K. The applicant shall attempt to address the requirements and concerns of the
Hudson Fire Protection District, as stated in the referral response dated
May 29, 2007. Evidence of such shall be submitted, in writing, to the
Department of Planning Services.
L. The applicant shall address the requirements and concerns of the
Department of Building Inspection, as stated in the referral response dated
June 4, 2007. Evidence of such shall be submitted, in writing, to the
Department of Planning Services.
M. The plat shall be amended to delineate the following:
1) All the sheets of the plat shall be labeled USR-1616.
2) The plat shall be prepared in accordance with Section 23-2-260.D of
the Weld County Code.
3) The off-street parking spaces, including the access drive, shall be
surfaced with recycled asphalt, or the equivalent, and shall be
graded to prevent drainage problems.
4) 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.
5) The applicant shall provide a minimum of one hundred(100) parking
spaces, three (3) of which shall meet the intent of the Americans
with Disabilities Act (ADA). The parking spaces shall be equipped
with wheel guards or curb blocks, when necessary, to prevent
vehicles from extending beyond the boundary of the space and
coming into contact with other vehicles, walls, fences, or plantings.
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6) The attached Development Standards.
7) The approved Landscape and Screening Plan shall be delineated on
the plat.
8) As required by the Board of County Commissioners, County Road 2
requires one hundred forty(140)feet of right-of-way at full buildout.
There is presently sixty (60) feet of right-of-way. This road is
maintained by Weld County. At a minimum, a total of seventy (70)
feet from the centerline of County Road 2 shall be delineated on the
plat as future right-of-way.
9) 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. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the plat is ready to be recorded in
the office of the Weld County Clerk and Recorder.
5. Prior to issuance of building permit:
A. The applicant shall submit building plans to the Hudson Fire Protection
District, for review and approval. A letter of approval shall be submitted to
the Department of Building Inspection.
6. Prior to Certificate of Occupancy:
A. An Individual Sewage Disposal System is required for the proposed
office/classroom and the storage/classroom buildings,and shall be installed
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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 I.S.D.S. Regulations.
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 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 the requirements of the Department
of Public Health and Environment have been met.
B. The water system shall comply with the Colorado Primary Drinking Water
Regulations (5 CCR 1003-1). Evidence that the system complies with the
Regulations shall be provided to the Weld County Department of Public
Health and Environment. Alternately, the applicant may provide evidence
that they are not subject to these requirements. Evidence of written
approval shall be submitted to the Department of Planning Services.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 19th day of September, A.D., 2007.
EL BOARD OF COUNTY COMMISSIONERS
S: '.` WEW COUNTY, COLORADO
ATTEST: jvilYG,/ t.; QA 1 COC
`.,h avid E. Long, Chair
Weld County Clerk to the . V"M ,`;. I 7/
-
w </• ^ / c
William a e, Pro:Tem
BY: y Cl Bo1 C? G / '
De y Cler o the BoarcV
Wi • m F. Garcia
,-
---
APPROVED AS, Q - RM:
t) W. —
KAnt
Robert D. Masden
Attorney 0 a
Douglas ademach
Date of signature: t0li5'0 1
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DONALD SACK
C/O MOUNTAIN STATES LINE CONSTRUCTORS JATC
USR#1616
1. Site Specific Development Plan and Use by Special Review Permit #1616 is for a use
similar to the uses listed as a Use by Special Review(trade school) 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. Hours of operation will be from 7:00 a.m., to 6:00 p.m., seven days a week.
4. The site shall be limited to no more than one hundred (100) persons on the site.
5. 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.
6. 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.
7. 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.
8. The applicant shall operate in accordance with the submitted Waste Handling Plan.
9. 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.
10. 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.
11. Adequate hand washing and toilet facilities shall be provided for employees and students
of the facility.
12. 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.
13. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
14. The water system shall comply with the requirements for a community water system, as
defined in the Primary Drinking Water Regulations (5 CCR 1003-1), if applicable.
15. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
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16. 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 (1)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 to determine if they are required to obtain a
Stormwater Discharge Permit. Alternately, the applicant may provide evidence from the
WQCD that they are not subject to these requirements.
17. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
18. The applicant shall submit building plans to the Hudson Fire Protection District, for review
and approval, prior to the issuance of building permits. A letter of approval shall be
submitted to the Department of Building Inspection.
19. 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.
20. The site must take into consideration stormwater capture/quality and provide accordingly
for Best Management Practices.
21. Weld County will not maintain drainage related areas and medians;this is the responsibility
of the property owner.
22. No staging or parking of vehicles will be permitted on County Road 2. The applicant shall
utilize the on-site parking for all students, teachers, and equipment.
23. Building permits shall be obtained prior to the construction of any building.
24. A plan review is required for any additional building. Plans shall bear the wet stamp of a
Colorado registered architect or engineer.
25. 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
International Building Code, 2006 International Mechanical Code, 2006 International
Plumbing Code, 2005 National Electrical Code and Chapter 29 of the Weld County Code.
26. Buildings may 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.
27. 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.
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28. Building height shall be measured in accordance with 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 for 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.
29. 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.
30. 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.
31. On-site lighting, including security lighting, if applicable, shall maintain compliance with
Section 23-3-250.B.6 of the Weld County Code.
32. 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.
33. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
34. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
35. 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.
36. 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.
37. 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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