HomeMy WebLinkAbout20063301 RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1568 FORA USE PERMITTEDASA USE BY RIGHT,ACCESSORYUSE,OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICT
(AN OFFICE AND STORAGE BUILDING FOR MATERIALS USED BY OIL AND GAS
OPERATIONS) IN THE A (AGRICULTURAL) ZONE DISTRICT - PEDRO SAUCEDO
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 27th day of
December, 2006,at the hour of 10:00 a.m.in the Chambers of the Board for the purpose of hearing
the application of Pedro Saucedo, 15463 Barley Avenue, P.O. Box 1058, Fort Lupton, Colorado
80621, for a Site Specific Development Plan and Use by Special Review Permit#1568 for a Use
Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone District(an office and storage building for materials used by oil and gas operations)
in the A(Agricultural)Zone District on the following described real estate, being more particularly
described as follows:
Lot A of Recorded Exemption#4224; being part of the
E1/2NW1/4 of Section 22, Township 2 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was represented by Gabriela Ramirez, P.O. Box 1058,
Fort Lupton, Colorado 80621, and Leland Askeland, Western Engineering Consultants, Inc.,
20 South 5th Avenue, Brighton, Colorado 80601, at said hearing, and
WHEREAS,Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS,the Board of County Commissioners heard all of the testimony and statements
of those present,studied the request of the applicant and the recommendation of the Weld County
Planning Commission and all of the exhibits and evidence presented in this matter and, having been
fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has shown
compliance with Section 23-2-230.B of the Weld County Code as follows:
a. Section 23-2-230.6.1 --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
2006-3301
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SPECIAL REVIEW PERMIT#1568 - PEDRO SAUCEDO
PAGE 2
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 region.
b. Section 23-2-230.6.2--The proposed use is consistent with the intent of the
A(Agricultural)Zone District. Section 23-3-40.R of the Weld County Code
provides for a Site Specific Development Plan and Use by Special Review
Permit for a Use Permitted as a Use by Right, Accessory Use, or Use by
Special Review in the Commercial or Industrial Zone District(an office and
storage building for materials used for oil and gas operations) in the
A (Agricultural) Zone District.
c. Section 23-2-230.B.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The surrounding properties are
primarily agricultural with five Use by Special Review Permits for kennels to
the south of the property. The Development Standards and Conditions of
Approval 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 lies within the three-mile referral area of the City of Fort Lupton. The
City of Fort Lupton has no objections to the application.
e. Section 23-2-230.6.5 -- The site does not lie within any Overlay Districts.
Effective January 1, 2003, building permits issued on the proposed lots will
be required to adhere to the fee structure of the County-Wide Road Impact
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.
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 applicant will utilize a small portion of the property located in the
northwest corner of the Use by Special Review boundary while also residing
on the property.
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.
2006-3301
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SPECIAL REVIEW PERMIT#1568 - PEDRO SAUCEDO
PAGE 3
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of Pedro Saucedo for a Site Specific Development Plan and
Use by Special Review Permit#1568 for a Use Permitted as a Use by Right,Accessory Use,or Use
by Special Review in the Commercial or Industrial Zone District(an office and storage building for
materials used by oil and gas operations) 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 provide current evidence to the Departments of Public
Health and Environment and Planning Services that the facility has an
adequate water supply. The applicant has submitted "Permit to Construct
a Well" #64214-F documentation from the Office of the State Engineer,
Colorado Division of Water Resources. At this time the well has not been
drilled. Evidence of written approval shall be submitted to the Department of
Planning Services.
B. The applicant shall submit a Waste Handling Plan, for approval, to the
Environmental Health Services Division of the Weld County Department of
Public Health and Environment. Evidence of written approval shall be
submitted to the Department of Planning Services. The plan shall include at
a minimum, the following:
1) A list of wastes which are expected to be generated on the site (this
should include expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on
the site.
3) The waste handler and facility where the waste will be disposed
(including the facility name, address, and phone number).
C. The applicant shall provide the Department of Planning Services with a
Maintenance Plan which is in compliance with Section 23-2-250.F of the
Weld County Code.
D. The applicant shall 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)items. 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; or, the applicant may submit
evidence that all the work has been completed and approved by the
Departments of Planning Services and Public Works.
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SPECIAL REVIEW PERMIT#1568 - PEDRO SAUCEDO
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E. The plat shall be amended to delineate the following:
1) All the pages of the plat shall be labeled USR-1568.
2) The off-street parking spaces, including the access drive, shall be
surfaced with gravel,asphalt,concrete,or the equivalent and shall be
graded to prevent drainage problems.
3) Should exterior lighting be a part of this facility, all light standards
shall be delineated on the Use by Special Review plat.
4) Weld County Road 20 is designated on the Weld County Road
Classification Plan as a local gravel road, which requires 60 feet of
right-of-way at full buildout. There is presently 60 feet of right-of-way.
Atotal of 30 feet from the centerline of Weld County Road 20 shall be
delineated on the plat as 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.
5) The applicant shall provide a minimum of twelve(12)parking spaces.
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 from coming into contact with other
vehicles, walls, fences, or plants.
6) The attached Development Standards.
7) 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.
2006-3301
PL1866
SPECIAL REVIEW PERMIT#1568 - PEDRO SAUCEDO
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4. 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.
5. Prior to issuance of a building permit:
A. One month prior to construction, 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.
B. The applicant shall submit building plans to the Fort Lupton Fire Protection
District for review and approval. A letter of approval shall be submitted to the
Department of Building Inspection.
C. An Individual Sewage Disposal System is required for the proposed house,
shop, and office, and shall be installed according to the Weld County
Individual Sewage Disposal System(I.S.D.S.) Regulations. (Septic permit
number SP-0600102 has been issued but has not been finaled).
D. 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 above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 27th day of December, A.D., 2006.
BOARD OF COUNTY COMMISSIONERS
WELD COU COLORADO
� E/I'°a
ATTEST: `
M J. Geile, Chair
Weld County Clerk to the a f
, � CUSED
O ' "kt,el f` avid E. Long, Pro-Tem
BY:
Deputy erk to the Board
Wi m H. Jerke
A,''��',,".�ED AS •
io Robert Da Masden
C6unty Attorney aroy
Glenn Vaad - -
Date of signature: /-/62-0 7
2006-3301
PL1866
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
PEDRO SAUCEDO
USR #1568
1. The Site Specific Development Plan and Use by Special Review Permit#1568 is for a Use
Permitted as a Use by Right,Accessory Use, or Use by Special Review in the Commercial
or Industrial Zone District(an office and storage building for materials used for oil and gas
operations)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. Hours of operation will be 7:00 a.m.to 8:00 p.m., Monday through Saturday,as stated in the
application material.
4. The site shall be limited to no more than ten (10) employees, as stated in the application
material.
5. There shall be no parking or staging of trucks within the public right-of-way.
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. Adequate hand washing and toilet facilities shall be provided for employees and visitors 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 operation shall comply with all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
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DEVELOPMENT STANDARDS - PEDRO SAUCEDO (USR #1568)
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15. The applicant shall submit building plans to the Fort Lupton 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.
16. The historical flow patterns and runoff amounts will be maintained on the site in such a
manner that 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.
17. The site must take into consideration storm water capture/quality and provide accordingly
for Best Management Practices.
18. The applicant shall apply an adequate dust suppressant chemical (magnesium chloride or
calcium chloride)for approximately 600 feet of Weld County Road 20, being 150 feet east
and west of a centerline extending out of the residence at 15104 Weld County Road 20,and
150 feet east and west of a centerline extending out of the residence at 15284 Weld County
Road 20, Fort Lupton, Colorado 80621. Dust suppressant shall be applied a minimum of
twice a year, or as needed and determined by the Weld County Department of Public
Works, Motor Grader Division Supervisor.
19. A plan review is required for any additional building. Plans shall bear the wet stamp of a
Colorado registered architect or engineer.
20. Buildings shall conform to the requirements of the various codes adopted by Weld County
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, 2002 National Electrical Code, and Chapter29 of the Weld
County Code. The office will most likely be classified as a B (Office) occupancy. The
storage portion will most likely be classified as S-2.
21. Buildings may require an engineered foundation based on a site-specific Geotechnical
Report or an open hole inspection preformed by a Colorado registered engineer.
Engineered foundations shall be designed by a Colorado registered engineer.
22. 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.
23. 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
Chapter23 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. Property lines shall be clearly identified.
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.
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DEVELOPMENT STANDARDS - PEDRO SAUCEDO (USR #1568)
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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.
26. The landscaping on the site shall be maintained in accordance with the approved Landscape
Plan.
27. 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.
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 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.
2006-3301
PL1866
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