HomeMy WebLinkAbout20021199.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1375 FOR A USE PERMITTED AS A USE BY RIGHT IN THE INDUSTRIAL
ZONE DISTRICT (23,000 SQUARE-FOOT CONTRACTOR'S OFFICE AND SHOP
FACILITY) IN THE A (AGRICULTURAL) ZONE DISTRICT - JAMES TERRY
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 24th day
of April, 2002, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of James Terry, 10711 Colorado Highway 52, Fort Lupton, Colorado
80621, for a Site Specific Development Plan and Use by Special Review Permit #1375 for a
Use Permitted as a Use by Right in the Industrial Zone District (23,000 square-foot contractor's
office and shop facility) in the A (Agricultural) Zone District on the following described real
estate, to-wit:
Lot B of Recorded Exemption #2765; being part of
the W1/2 of the NE1/4 of Section 2, Township 1
North, Range 67 West of the 6th P.M., Weld
County, Colorado
WHEREAS, said applicant was represented by Dana Leavitt, Jim Sell Design, Inc., 153
West Mountain Avenue, Fort Collins, Colorado 80524, 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 recommendations 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 22-2-130.D.1 (I. Goal 4) promotes industrial development that is
appropriately located in relation to surrounding land uses and that meets
necessary environmental standards. The Development Standards,
Conditions of Approval, and Operations Standards will effectively mitigate
any adverse impacts to surrounding areas.
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SPECIAL REVIEW PERMIT #1375 - JAMES TERRY
PAGE 2
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 any use permitted as a Use by Right, an Accessory
Use, or a Use by Special Review in the Commercial or Industrial Zone
Districts, provided that the property is not a Lot in an approved or
recorded subdivision plat or lots part of a map or plan filed prior to
adoption of any regulations controlling subdivisions, as a Use by Special
Review in the A (Agricultural) Zone District. Section 23-3-320.B.1 allows
any use of a research, repair, manufacturing, fabricating, processing,
assembling or storage nature as a Use Allowed by Right in the
1-2 (Industrial) Zone District. The use may be conducted outside of an
enclosed building, provided that the use and/or operations of the use are
screened from adjacent public rights-of-way and adjacent properties.
c. Section 23-2-230.B.3—The uses which will be permitted will be
compatible with the existing surrounding land uses. The surrounding
area is primarily agricultural with a few residences associated with the
agricultural activities. State Highway 52 is located in close proximity to
the southern boundary of the parcel and there is commercially zoned
property located approximately one-quarter mile to the southeast. The
proposed building will include a 7,000 square-foot office and a 13,000
square-foot shop. Exterior storage will comprise approximately five (5)
acres. The Conditions of Approval and Development Standards ensure
that the proposal is consistent with surrounding land uses.
d. Section 23-2-230.6.4 -- The uses which will be permitted will be
compatible with future development of the surrounding area as permitted
by the existing zoning and with the future development as projected by
Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of
affected municipalities. This proposal does lie within the three-mile
referral area for the City of Fort Lupton. The City of Fort Lupton
requested the use to be fully screened. Condition of Approval #1.C.
addresses the City's concerns.
e. Section 23-2-230.B.5 -- The site does not lie within any Overlay Districts.
f. Section 23-2-230.6.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. The property is Lot B of Recorded Exemption #2765 and
is considered prime agricultural land by the Important Farmlands of Weld
County Map, dated 1979. The applicant has proposed to place business
related buildings and land uses within a twelve-acre building envelope,
which would leave the remaining 52 acres available for agricultural uses.
However, Section 22-2-60.1.1 of the Weld County Code indicates that
eighty (80) acres is considered the minimum lot size needed for a viable
farming operation and the subject property is 64.7 acres in size.
2002-1199
PL1590
SPECIAL REVIEW PERMIT #1375 - JAMES TERRY
PAGE 3
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 James Terry for a Site Specific Development
Plan and Use by Special Review Permit#1375 for a Use Permitted as a Use by Right in the
Industrial Zone District (23,000 square-foot contractor's office and shop facility) 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 plat shall be amended to delineate the following:
1) The attached Development Standards.
2) The plat shall be labeled Use by Special Review, USR-1375.
3) The Use by Special Review boundaries shall delineate the
twelve (12) acres as indicated in the application materials.
4) All signage shall be indicated by location and size, and shall
adhere to Section 23-4-100.C of the Weld County Code.
5) Lighting shall be indicated in accordance with Section 23-3-360.F
of the Weld County Code.
6) Forty-six (46) parking spaces, including spaces which adhere to
standards of the Americans with Disabilities Act (ADA). Parking
shall be screened from public rights-of-way and adjacent
properties, and shall meet the requirements of Section 23-3-350.B
of the Weld County Code.
7) One (1) off-street loading parking area shall be indicated which
meets the requirements of Section 23-4-50.A through, and
including, Section 23-4-50.E of the Weld County Code.
8) The internal circulation shall be clearly indicated on the plat for
truck traffic accessing the shop building.
9) A trash collection area in accordance with Section 23-3-350.H of
the Weld County Code. Additional landscaping shall be indicated
near the trash enclosure area.
2002-1199
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SPECIAL REVIEW PERMIT#1375 - JAMES TERRY
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10) The outside storage area shall be clearly indicated and shall be
screened to meet the requirements of Section 23-3-320 of the
Weld County Code. Adequate screening of outside storage shall
be provided with solid board fencing spaced one-quarter inch and
a minimum of six (6) feet in height or an equivalent screening
provided that it is approved by the Department of Planning
Services.
11) The height of the flag pole shall be indicated.
12) The Landscaping Plan shall be amended as indicated in the
review dated March 20, 2002.
B. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
C. Written documentation shall be provided to the Weld County Department
of Planning Services indicating the concerns of the City of Fort Lupton, as
received in a referral dated January 30, 2002, have been addressed
regarding landscaping.
D. The applicant shall submit an application to Amend Recorded
Exemption #2765, which will reflect Lot B as including at least 55 feet of
frontage contiguous to State Highway 52. The amendment shall also
address CDOT's request for 100 feet of right-of-way as received in a
referral dated February 12, 2002, as well as amend the existing access
easement agreement.
E. An approved access permit from CDOT shall be submitted to the Weld
County Departments of Planning Services and Public Works.
F. Written evidence shall be submitted to Weld County Departments of
Planning Services and Public Works indicating CDOT has approved the
adequacy of the intersection to accommodate turning movements of
large construction trucks.
G. In event the shop is equipped with a floor drain, the applicant must apply
for an Underground Injection Control (UIC) Class V Injection Well permit
through the Environmental Protection Agency (EPA), or provide evidence
that the applicant is not subject to the EPA Class V requirements.
H. An individual sewage disposal system is required for the proposed
office/shop and shall be installed according to the Weld County Individual
Sewage Disposal System (I.S.D.S.) Regulations. The septic system is
required to be designed by a Colorado Registered Professional Engineer
according to the Weld County I.S.D.S. Regulations.
2002-1199
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SPECIAL REVIEW PERMIT #1375 - JAMES TERRY
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I. The applicant shall submit a Waste Handling Plan to the Environmental
Health Services Division of the Weld County Department of Public Health
and Environment, for approval. Written documentation shall be
submitted to the Department of Planning Services indicating the plan has
been approved by the Environmental Health Services Division of the
Weld County Department of Public Health and Environment. The plan
shall include at a minimum, the following:
1) A list of wastes which are expected to be generated on 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 site.
3) The waste handler and facility where the waste will be disposed
(including the facility name, address, and phone number).
J. In the event vehicles or equipment are washed on site, the applicant shall
provide evidence that any vehicle or equipment washing area will be
designed and constructed to capture all effluent and prevent any
discharges from the washing of vehicles and/or equipment in accordance
with the Rules and Regulations of the Water Quality Control Commission
and the Environmental Protection Agency.
K. The applicant shall enter into an Improvements Agreement According to
Policy Regarding Collateral for Improvements and post adequate
collateral for parking and landscaping 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.
L. A finalized agreement between Kerr-McGee Rocky Mountain
Corporation, Kerr-McGee Gathering, LLC, and Nelson Pipeline Company
shall be provided to the Department of Planning Services.
2. Upon completion of Condition #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.
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SPECIAL REVIEW PERMIT#1375 - JAMES TERRY
PAGE 6
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 mapsco.weld.co.us.
4. Prior to operation:
A. A Stop sign shall be placed at the appropriate location prior to entering
onto State Highway 52.
B. The approach gate shall be placed at a 90 degree angle.
5. Building permits shall be obtained prior to the construction.
6. A Plan Review is required for all buildings. Plans shall bear the wet stamp of a
Colorado registered architect or engineer. Two complete sets of plans are
required when applying for the permit.
7. Building shall conform to the requirements of the 1997 UBC, 1998, IMC, 1997
IPC, 1999 NEC, and Chapter 29 of the Weld County Code.
8. Buildings will 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.
9. Building height shall be limited to the maximum height allowed per UBC
Table 5-B. Wall and opening protection and limitations shall be in accordance
with UBC Table 5-A. Separation of building of mixed occupancy classifications
shall be in accordance with UBC Table 3-B and Chapter 3. Setback and offset
distances shall be determined by Section 23-3-50 of the Weld County Code.
10. A complete set of building plans shall be submitted to the Fort Lupton Fire
Protection District prior to building construction in accordance with the referral
received, February 5, 2002. The applicant shall attempt to comply with the Fort
Lupton Fire Department requirements.
11. 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.
2002-1199
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SPECIAL REVIEW PERMIT#1375 - JAMES TERRY
PAGE 7
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 24th day of April, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, OLO DO
ATTEST: 44,
n Vaad, Chair
Weld County Clerk to the �:� Cs—a
BY: a 0-ta n • David E. Lo , Pro-Terms
�
Deputy Clerk to the Boar. % att,
M. J. eile
AP7DAS 1� 2S /7iti/
tc illi�m H. Jerke
.r221 ---Attorpe e \4 2� �
Robert D. Masden
Date of signature: 5713
2002-1199
PL1590
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JAMES TERRY
USR#1375
1. The Site Specific Development Plan and Use by Special Review Permit is for a Use
Permitted as a Use by Right in the Industrial Zone District(23,000 square-foot contractor's
office and shop facility) 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. 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.
4. 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
Waste Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
6. Fugitive dust shall be controlled on this site. In the event the Weld County Department of
Public Health and Environment determines that an excessive amount of dust is generated
from this site, a Dust Abatement Plan and subsequent implementation may be required.
7. The 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.
8. Adequate hand washing and toilet facilities shall be provided for employee and patron use.
9. The facility shall utilize the existing public water supply (Central Weld County Water
District).
10. If applicable, the applicant shall obtain a Storm Water Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
11. Any vehicle or equipment washing area(s)shall capture all effluent and prevent discharges
from the washing of vehicle and/or equipment in accordance with the Weld County Code,
the Rules and Regulations of the Water Quality Control Commission and the Environmental
Protection Agency.
12. In accordance with the Above Ground Storage Tank Regulations (7 CCR 1101-14) a
spillage retention berm shall be constructed around the tank battery. The volume retained
by the spillage berm should be greater than the volume of the largest tank inside the berm.
Alternative protective measures may be allowed provided they comply with the Above
Ground Storage Tank Regulations.
2002-1199
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DEVELOPMENT STANDARDS - JAMES TERRY (USR #1375)
PAGE 2
13. Off-street parking spaces, including the access drive, shall be surfaced with asphalt or
equivalent and shall be graded to prevent drainage problems.
14. The equipment yard shall be surfaced with gravel, asphalt, concrete, or equivalent, and
shall be graded to prevent drainage problems.
15. No parking or staging of vehicles shall be allowed on State Highway 52. Utilize on-site
parking areas.
16. Except for emergencies, hours of operation shall be from 6:30 a.m. to 5:30 p.m., Monday
through Friday, and from 6:30 a.m. to 4:30 p.m. on Saturdays. Hours of operation may be
expanded with specific permission from the Board of County Commissioners.
17. The landscaping on site shall be maintained in accordance with the approved Landscaping
Plan.
18. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
19. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
20. Personnel from the Weld County Departments of Public Health and Environment, Planning
Services and Public Works 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.
21. 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.
22. 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.
2002-1199
PL1590
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