HomeMy WebLinkAbout20061472.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1548 FOR A BUSINESS PERMITTED AS A USE BY RIGHT, ACCESSORY
USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL
ZONE DISTRICT (DISPLAY FIREWORKS STORAGE) IN THE A (AGRICULTURAL)
ZONE DISTRICT-DAVID RIPPE,C/O ARTISTIC FIRE/BYRON NELSON AND MELBA
MCDANAL
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 21st day of
June, 2006, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of David Rippe,4630 Weld County Road 87, Roggen,Colorado 80652,do Artistic Fire,
LLC, Attn: Byron Nelson and Melba McDanal, 6148 Iris Way, Arvada, Colorado 80004, for a Site
Specific Development Plan and Use by Special Review Permit#1548 for a Business Permitted as
a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone
District(display fireworks storage)in the A(Agricultural)Zone District on the following described real
estate, being more particularly described as follows:
Part of the NW1/4 or Section 8, Township 1 North,
Range 61 West of the 6th P.M., Weld County,
Colorado
WHEREAS,said applicant was represented by Byron Nelson and Melba McDanal,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 Chapter22 and
any other applicable code provisions or ordinance in effect.
Section 22-2-60.B.1 allows for commercial and industrial uses to locate in
the A(Agricultural)Zone District when the impact to surrounding properties
is minimal, and where adequate services and infrastructure are available.
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SPECIAL REVIEW PERMIT#1548-DAVID RIPPE,C/O ARTISTIC FIRE, LLC/BYRON NELSON
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The Development Standards, Conditions of Approval, and Operation
Standards will effectively mitigate any adverse impacts to surrounding areas.
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 of the Weld County Code
provides for Uses by Right,Accessory Uses, or Uses by Special Review in
the Commercial and Industrial Zone Districts as a Use by Special Review 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 site is located adjacent to State
Highway 52 to the north, Weld County Road 87 is adjacent to the west and
provides vehicular access to the property, and an established
residential-agricultural community exists in each direction. Large parcels
are common in the area and the Homestead Grange Hall is located on the
subject property adjacent to Weld County Road 87, north of the property's
access road. Existing single family residences are located approximately
1,000 feet to the south of the site, and other habitable structures are located
at greater distances. The Conditions of Approval, Development Standards,
and Operation Standards will effectively mitigate any adverse impacts to
surrounding areas.
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 by Special Review is not located within an existing Urban
Growth Boundary, Intergovernmental Agreement Area, or municipal
three-mile referral area.
e. Section 23-2-230.6.5—Effective August 1,2005, building permits issued on
the proposed site will be required to adhere to the fee structure of the Capital
Expansion Impact Fee and the Stormwater Drainage Impact Fee. 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.
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 entire parcel is located on land designated as "Prime," "Prime if
Irrigated,"and"Other," according to the 1979 United States Department of
Agriculture (U.S.D.A.) Soil Conservation Service Important Farmlands of
Weld County Map. The 7,000-square-foot lease area associated with this
application appears to be located on lands designated as "Other" and is
south of the existing center pivot sprinkler. The remainder of the parcel
(approximately 159 acres) will remain available for agricultural purposes.
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g. Section 23-2-230.B.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 David Rippe, c/o Artistic Fire, LLC / Byron Nelson and
Melba McDanal,for a Site Specific Development Plan and Use by Special Review Permit#1548 for
a Business Permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone District(display fireworks storage)in theA(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 plat shall be amended to delineate the following:
1) All sheets shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
2) All sheets shall be labeled USR-1548.
3) The Development Standards associated with this application.
4) The approved Fencing and Screening Plan.
5) Weld County Road 87 is classified by the County as a local gravel
road, which requires 60 feet of right-of-way at full buildout. The
applicant shall verify the existing right-of-way and the documents
creating the right-of-way. If the right-of-way can not be verified, it
shall be dedicated. The plat shall delineate the existing right-of-way
and the documents which created it, along with any additional
right-of-way reservation required.
6) State Highway 52 requires 200 feet of right-of-way at full buildout.
A total of 100 feet from the centerline of State Highway 52 shall be
delineated as right-of-way on the plat.
B. The access width requirements for emergency equipment(fire department)
are a minimum of 20 feet. The applicant shall provide documentation to
the Departments of Planning Services and Public Works indicating the fire
department and emergency services have approved the width and weight
capacity of the access lane.
C The applicant shall submit evidence to the Departments of Planning Services
and Public Works that the proposed internal access road from Weld County
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SPECIAL REVIEW PERMIT#1548-DAVID RIPPE,C/O ARTISTIC FIRE, LLC/BYRON NELSON
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Road 87 to the storage facility,the internal driveway,and parking area,meet
or exceed the requirements of all emergency responders.
D. The applicant/property owner shall request a field inspection by the Code
Compliance Officer, or their Planner, to determine that the elements
associated with the non-commercial junkyard have been removed or
effectively screened from adjacent properties. Written evidence of
compliance shall be submitted to the Department of Planning Services.
E. The applicant shall enter into a Private Improvements Agreement According
to Policy Regarding Collateral for Improvements, and post adequate
collateral for transportation and non-transportation requirements. The
agreement and form of collateral shall be reviewed by Planning staff and
approved by the Board of County Commissioners prior to recording the plat.
The applicant may also make all required improvements prior to recording
the plat without the requirement of collateral.
F. 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 sixty(60)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. Prior to operation:
A. The applicant shall address the requirements of the Department of Building
Inspection, as stated in its referral received February 23,2006. Evidence of
such shall be submitted, in writing,to the Department of Planning Services.
B. The applicant shall submit evidence that an Alcohol Tobacco and Firearms
(ATF) License for Display Fireworks has been obtained. Evidence of such
shall be submitted, in writing, to the Department of Planning Services.
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5. 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.
6. In accordance with Weld County Code Ordinance#2005-7, approved June 1,2005,
should the plat not be recorded within the required sixty(60)days from the date of
the Board of County Commissioners Resolution, a $50.00 recording continuance
charge shall be added for each additional three (3) month period.
The above and foregoing Resolution was,on motion duly made and seconded, adopted by
the following vote on the 21st day of June, A.D., 2006.
BOARD OF Ct UNTY COMMISSIONERS
I ► "C� ELD CO ' , COLORADO
ATTEST: / j ,t I'/a^.. 's41=0li �_✓ ._
J. e, Chair
Weld County Clerk to the B y
2 David E. Long, Pro-Tem
BY: A
De ty Cler to the Board EXCUSED
is H. Jerke
OV AS TO F UU`�✓.`—
Robert D. asden
ty orney al l `
/ Glenn aad
Date of signature: 1 In Iazi
2006-1472
PL1841
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DAVID RIPPE, C/O ARTISTIC FIRE, LLC,
BYRON NELSON/MELBA MCDANAL
USR#1548
1. The Site Specific Development Plan and Use by Special Review Permit#1548 is for a
Business Permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone District (display fireworks storage) 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. The applicant shall utilize the existing residential/grange facility access to the proposed
Use by Special Review site.
4. The extended access shall be a graded and drained road to provide all-weather access
to the proposed Use by Special Review site. The access and circulation pattern shall be
surfaced with gravel.
5. The historical flow patterns and run-off 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 run-off rate and velocity increases,
diversions, concentration, and/or unplanned ponding of storm run-off. Consideration of
stormwater capture/quantity and provide accordingly for Best Management Practices.
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 for final 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 in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
9. Fugitive dust shall be controlled on this site.
10. This facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone District as delineated in Section 25-12-103, C.R.S.
11. All potentially hazardous chemicals must be stored and handled in a safe manner in
accordance with product labeling.
12. The operation shall comply with all applicable rules and regulations of the state and
federal agencies and the Weld County Code.
2006-1472
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DEVELOPMENT STANDARDS-DAVID RIPPE,C/O ARTISTIC FIRE, LLC/BYRON NELSON AND
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13. 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.
14. 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.
15. Screening and fencing on the site shall be maintained in accordance with the approved
Screening Plan.
16. The operation shall comply with the rules and regulations of the Alcohol Tobacco and
Firearms (ATF) License for Display Fireworks.
17. Transportation of fireworks shall adhere to the regulations governed by the Colorado
Department of Transportation.
18. The facility is limited to two portable structures: One is a commercially manufactured
ATF approved, Type 2 portable skid explosives magazine, and the second structure is a
portable Type 4 magazine, which is a semi-trailer with wheels removed, as approved by
the ATF.
19. 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 Section 15-1-180, Articles I and II, of the Weld County Code.
20. A building permit shall be obtained prior to the construction or setting of the portable
magazines.
21. 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. In lieu of
stamped prints, the manufacturer's specifications of the portable buildings may be
submitted. Two complete sets of plans are required when applying for each permit.
Building plans shall also be submitted to the Southeast Weld Fire District.
22. 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, and the 2002 National Electrical
Code, and Chapter 29 of the Weld County Code.
23. The magazines will be classified as follows: H (storage of fireworks) distances to lot
lines and inhabited buildings shall be as set forth in Table 415.3.1 of the 2003
International Building Code. Setback and offset distances shall be determined by the
Weld County Code.
24. 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
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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.
25. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
26. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
27. 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.
28. 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.
29. 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.
2006-1472
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