HomeMy WebLinkAbout20061474.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Artistic Fire LLC Case Number USR-1548
do Bryon Nelson,
Melba McDanal
Submitted or Prepared
Prior to At Hearing
Hearing
Planning Commission Resolution
• 2 Staff Comments X
Department of Planning Services field check form X
Planning Commissioner Fitzgerald field check form
Letter(s)to Applicant X
Photograph of sign posting X X
Legal Notifications X
3 Application X
Maps X
4 Referral List X
Referrals without comment
• 5 State of Colorado Division of Wildlife, referral received 3-9-2006 X
Referrals with comments
6 Weld County Code Compliance, referral received 2-9-2006 X
• 7 Weld County Sheriffs Office, referral received 2-21-2006 X
6 Southeast Weld Soil Conservation District, referral received 2-22-2006 X
• 9 Weld County Department of Building Inspection, referral received 2-23-2006 X
' 10 ATF- Denver, Colorado, referral received 2-20-2006 X
▪ 11 Weld County Department of Public Works, referral received 3-1-2006 X
12 Colorado Department of Transportation, referral received 3-9-2006 X
• 13 Weld County Department of Public Health and Environment, referral X
received 3-26-2006
PC Exhibits
EXHIBIT
2006-1474 []
I hereby certify that the 13 items identified herein were submitted to the Department of Planning Services at or prior to
the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's
office.
Kim Ogle ❖ anner
aGivn
LAND
APPLICATION
SUMMARYS SHEET
COLORADO
Planner: Kim Ogle
Case No.: USR-1548 Hearing Date: April 18, 2006
Applicant: Artistic Fire LLC
Address: c/o Bryon Nelson and Melba McDanal, 6148 Iris Way, Arvada CO 80004
Request: A Site Specific Development Plan and Special Review Permit for 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
Legal: Part of the NW4 of Section 8, T1 N, R61W of the 6th P.M., Weld County, Colorado.
Location: East of and adjacent to CR 87; '/ mile south of SH 52.
Parcel Size: 160 +/-acres Area of USR: 7000 +/-SF
Parcel No: 1481 08 000015
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code.
The Department of Planning Services' staff has received responses from the following agencies:
• State of Colorado Division of Wildlife, referral received 3-9-2006
• Weld County Code Compliance, referral received 2-9-2006
• Weld County Sheriff's Office, referral received 2-21-2006
• Southeast Weld Soil Conservation District, referral received 2-22-2006
• Weld County Department of Building Inspection, referral received 2-23-2006
• ATF-Denver, Colorado, referral received 2-20-2006
• Weld County Department of Public Works, referral received 3-1-2006
Colorado Department of Transportation, referral received 3-9-2006
• Weld County Department of Public Health and Environment, referral received 3-26-2006
The Department of Planning Services'staff has not received responses from the following agencies:
• Southeast Weld Fire Protection District
USR-1548 ARTISTIC FIREWORKS,LLC,page 1
THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST 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 Department of Planning Services'staff that the applicant has shown compliance
with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 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 Agricultural Zone District when the impact to surrounding
properties is minimal, and where adequate services and infrastructure are available. The
Development Standards, Conditions of Approval, and Operation Standards will effectively
mitigate any adverse impacts to surrounding areas.
B. Section 23-2-220.A.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 23-2-220.A.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.
County Road 87, is adjacent to the West and provides vehicular access to the property. An
established residential-agricultural community exists in each direction. Large parcel lands
are common. The Homestead Grange Hall is located on the subject property adjacent to CR
87 north of the property's access road. Existing single family residences are located
approximately 1000 feet to the south of the site. 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 23-2-220.A.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 three mile referral area to a
municipality.
E. Section 23-2-220.A.5—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. (Ordinance 2005-8 Section 5-8-40),and Effective January
1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee
structure of the County Road Impact Program. (Ordinance 2002-11)
F. Section 23-2-220.A.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" land according to the 1979
USDA-Soil Conservation Service Important Farmlands of Weld County map. The 7000 SF
lease area associated with this application appears to be located on lands designated as
other and is south of the existing center pivot. The remainder of the parcel (approximately
159 acres)will remain available for agricultural purposes.
USR-1548 ARTISTIC FIREWORKS, LLC,page 2
G. Section 23-2-220.A.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
health, safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part,upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the following:
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. (Department of Planning Services)
2. All sheets shall be labeled USR-1548(Department of Planning Services)
3. The Development Standards associated with this application. (Department of
Planning Services)
4. The approved Fencing and Screening Plan. (Department of Planning Services)
5. County Road 87 is classified by the County as a local gravel road,which requires 60
feet of right-of-way at full build out.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. (Department of Public Works)
6. State Highway 52 requires 200 feet right-of-way at full build out. A total of 100 feet
from the centerline of State Highway 52 shall be delineated right-of-way on the plat.
(Colorado Department of Transportation)
B. The access width requirements for emergency equipment(fire department)are a minimum
of 20 feet. The applicant indicated that the fire department and emergency services have
approved that the width and weight capacity of the access lane. The applicant shall provide
documentation to that effect to the Department of Planning Services and Department of
Public Works. (Department of Public Works)
C. The applicant shall submit evidence that the proposed internal access road from County
Road 87 to the storage facility and the internal driveway and parking area meets or exceeds
the requirements of all emergency responders. The applicant shall provide documentation
to that effect to the Department of Planning Services and Department of Public Works.
(Department of Public Works)
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.
(Department of Planning Services)
USR-1548 ARTISTIC FIREWORKS,LLC,page 3
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
County Staff and accepted 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. (Department of Planning Services)
F. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services. (Department of Planning Services)
2. Upon completion of 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 Department of Planning Services' Staff. 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.
(Department of Planning Services)
3. The Department of Planning Services respectively 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. (Department of Planning Services)
4. Prior to operation:
A. The applicant shall address the requirements of the Department of Building Inspection as
stated in their referral received February 23, 2006. Evidence of such shall be submitted in
writing to the Department of Planning Services. (Department of Building Inspection)
B. The applicant shall submit evidence that a License for Display Fireworks has been obtained
from the Denver Colorado office of Alcohol,Tobacco and Firearms(ATF). Evidence of such
shall be submitted in writing to the Department of Planning Services. (Department of
Planning Services)
5. The Special Review activity shall not occur nor shall any building or electrical permits be issued on
the property until the Special Review plat is ready to be recorded in the office of the Weld County
Clerk and Recorder. (Department of Planning Services)
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 the Board of County Commissioners
Resolution was signed a$50.00 recording continuance charge shall be added for each additional 3
month period. (Department of Planning Services)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Artistic Fire LLC
USR-1548
1. The Site Specific Development Plan and Special Review Permit for 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. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
USR-1548 ARTISTIC FIREWORKS, LLC,page 4
3. The applicant shall utilize the existing residential/grange facility access to the proposed USR site.
(Department of Public Works)
4. The extended access shall be a graded and drained road to provide the all-weather access to the
proposed USR site. The access and circulation pattern shall be surfaced with gravel. (Department
of Public Works)
5. The historical flow patterns and run-off amounts will be maintained on 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 storm water capture/quantity and provide accordingly for
best management practices. (Department of Public Works)
6. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-
100.5, C.R.S.,as amended)shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination. (Department of Public Health and Environment)
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,30-20-100.5,C.R.S.,as amended.(Department of Public Health and Environment)
8. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. (Department of Public Health and
Environment)
9. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment)
10. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as
delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment)
11. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance with
product labeling. (Department of Public Health and Environment)
12. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
13. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to
the fee structure of the County Road Impact Program.(Ordinance 2002-11)(Department of Planning
Services)
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.
(Ordinance 2005-8 Section 5-8-40) (Department of Planning Services)
15. Screening and fencing on site shall be maintained in accordance with the approved Screening Plan.
(Department of Planning Services)
16. The operation shall comply with the rules and regulations of the Alcohol Tobacco and Firearms(ATF)
License for Display Fireworks. (Department of Planning Services)
17. Transportation of fireworks shall adhere to the regulations governed by the Colorado Department of
Transportation. (Department of Planning Services)
18. The facility is limited to two portable structures. One is a commercially manufactured ATF approved
Type 2 portable skid explosives magazine. The second structure is a portable Type 4 magazine
which is a semi-trailer with wheels removed as approved by the ATE (Department of Planning
Services)
USR-1548 ARTISTIC FIREWORKS,LLC,page 5
19. Should noxious weeds exist on the ro e p p rty 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. (Department of Planning Services)
20. A building permit shall be obtained prior to the construction or setting of the portable magazines.
(Department of Building Inspection)
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 South West
Weld Fire District. (Department of Building Inspection)
22. Buildings shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has 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.
(Department of Building Inspection)
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. Setback
and offset distances shall be determined by the Weld County Code. (Department of Building
Inspection)
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 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. (Department of Building 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. Personnel from Weld County Government 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 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.
USR-1548 ARTISTIC FIREWORKS,LLC,page 6
DEPARTMENT OF PLANNING SERVICES
NORTH OFFICE
918 10TH Street
.-- 460 GREELEY, CO 80631631 PHONE: (970) 353-6100, Ext. 3540
FAX: (970) 304-6498
WIIDc SOUTHWEST4209OR214.5
COLORADO LONGMONT, CO 80504
PHONE: (720) 652-4210, Ext. 8730
FAX: (720)652-4211
February 7, 2006
Artistic Fire
do Bryon Nelson
6148 Iris Way
Arvada CO 80004
Subject: USR-1548- Request for A Site Specific Development Plan and Special Review Permit for 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 a parcel of land described as NW4 of Section 8, T1N, R61W of
the 6th P.M., Weld County, Colorado.
Dear Applicant:
Your application and related materials for the request described above are being processed. I have scheduled a meeting
with the Weld County Planning Commission for April 18, 2006, at 1:30 p.m. This meeting will take place in the Hearing
Room, Weld County Planning Department, 4209 CR 24 %, Longmont, Colorado. It is recommended that you and/or a
presentative be in attendance to answer any questions the Planning Commission members may have.
It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado
Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30
days prior to any public hearing. The applicant shall provide the Weld County Planning Department with written
certification indicating the above requirements have been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the
hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time,
date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be
posted in the most prominent place on the property and a second sign posted at the point at which the driveway(access
drive) intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County
Planning Commission. This recommendation will be available twenty-four (24) hours before the scheduled hearing. It is
the responsibility of the applicant to call the Department of Planning Services' office before the Planning Commission
hearing to make arrangements to obtain the recommendation.
If you have any questions concerning this matter, please call.
Respectfully,
elkaAVA77- 46 442'
Kim Ogle
Planner
PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS APRIL 7, 2006 THE SIGN SHALL BE POSTED
ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT
ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT
OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON
THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY
(ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
I, KIM OGLE, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS
POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING
COMMISSIONERS HEARING FOR A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL
REVIEW PERMIT FOR 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
KIM OGLE
Name of Person Posting Sign
S �6'
Si nature Verson Posting Sign
STATE OF COLORADO
) ss.
COUNTY OF WELD
The foregoing instrument was subscribed and sworn to me this, O day of , 2006.
WITNESS my hand and official seal.
Ke
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Account#: M1021796 Parcel#: 148108000015
Owners Name &Address: Property Address:
RIPPE ARNOLD O Street: 4680 87 CR ROGGEN
5041 WCR 87 City: ROGGEN
ROGGEN, CO 80652
FIELD CHECK inspection date: March 2, 2006
CASE NUMBER: USR-1548
APPLICANT: Artistic Fire LLC; c/o Bryon Nelson
LEGAL DESCRIPTION: NW4 of Section 8, T1 N, R61W of the 6th P.M., Weld County, Colorado.
LOCATION: East of and adjacent to CR 87; 1/2 mile south of SH 52.
Zonina I and Use
N A(Agricultural) N Agricultural/Residential-SH 52:two lane paved road
E A(Agricultural) E Agricultural/Residential
S A(Agricultural) S Agricultural/Residential
W A(Agricultural) W Agricultural/Residential -CR 87 two land gravel road
COMMENTS:
Site is located off of CR 87 a local gravel road. Access into the property is via a single track road leading
to a modular home, agricultural buildings and fenced paddocks and pens. To the North of the residence is
a center pivot and crop production, likely hay. Residual lands are to the south and east and are not in
agricultural production. This area is fenced and on this visit cows were grazing.
This area also has components of a non-commercial junkyard. Two vehicles were visible, one a Chevy
pick-up having 04-00 tags, and a seond vehicle a 1940s style pick-up, no tags visible. Other items include
miscellaneous pieces of metals and iron; metal and plastic drums with unknown contents; wood pallets,
piles of brick and mortar and clay tiles; Farm equipment is various stages of disrepair, many components
not appearing to be of a functional quality; a hot tub; tree stumps, tires, general debris, clothing et cetera.
Modular is circa 1980 and is surrounded by a small fenced yard. The agriculturally related outbuildings
are on site, two constructed of wood and one metal Quonset with doors at each end.
The ATF sanctioned storage unit has been placed on site, setting on a concrete pad. Field Check
photographs are attached. The structure is sited east of the improvements and approximately one
thousand feet from the nearest structures, aside from the structures located on the property.
Also on the property is the Homestead Grange Hall No. 215- Roggen CO. This Commercial type
structure is assessed as a Improvements only, per the Assessors Record.
m gle, Planner
Mid Ile Martin, Planner
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