HomeMy WebLinkAbout20053414.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1528 FOR A BUSINESS PERMITTED AS A USE BY RIGHT, ACCESSORY
USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL ZONE DISTRICT
(WHOLESALETRADEESTABLISHMENTFOR THE SALE OFNURSERYSTOCKAND
HARDLINE PRODUCTS PRODUCED AND IMPORTED TO THE SITE) IN THE
A (AGRICULTURAL) ZONE DISTRICT - EDMUNDSON LAND, LLC
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 14th day of
December,2005,at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Edmundson Land, LLC, 15300 East 132nd Avenue, Brighton,Colorado 80601,for
a Site Specific Development Plan and Use by Special Review Permit #1528 for a Business
Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial Zone
District(wholesale trade establishment for the sale of nursery stock and hardline products produced
and imported to the site)in the A(Agricultural)Zone District on the following described real estate,
being more particularly described as follows:
Part of the SE1/4 of Section 30, Township 1 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS,at the request of the applicant, the Board deemed it advisable to continue the
hearing to December 28, 2005, at 10:00 a.m., and
WHEREAS,on December 28,2 005,said applicant was represented by Scott Larson, 1888
Sherman Street, Suite 415, Denver, Colorado 80203, 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.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,
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SPECIAL REVIEW PERMIT#1528 - EDMUNDSON LAND, LLC
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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." The application materials indicate
the site can support the proposed use, and the Conditions of Approval and
Development Standards will 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 Use Permitted as a Use by Right,an Accessory Use,or a Use
by Special Review in the Commercial or Industrial Zone District,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. Surrounding land uses are
predominately agricultural, with rural residences associated with the
agricultural operations. The Town of Lochbuie has annexed lands to the
south and southeast within the right-of-way associated with the 1-76 Frontage
Road heading directionally in a southwest to northeast alignment. 1-76
serves as the eastern boundary of the property,including the interchange in
the southeast quadrant.
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. The site lies
within the three-mile referral area for the City of Brighton and the Towns of
Hudson and Lochbuie. The City of Brighton, in its referral dated
September 21, 2005, stated, "The City of Brighton has no issues with this
proposed development..." The Town of Hudson indicated no conflicts with
its interests in a referral response dated September 14,2005, and the Town
of Lochbuie did not return a referral.
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 lot 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 for the proposed use. The lands associated
with this application will utilize the prime agricultural soils for use as a
wholesale nursery. Further,the lands retained for the use should not limit the
agricultural value of the larger parcel.
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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 Edmundson Land, LLC,for a Site Specific Development
Plan and Use by Special Review Permit #1528 for a Business Permitted as a Use by Right,
Accessory Use, or Use by Special Review in the Commercial Zone District (wholesale trade
establishment for the sale of nursery stock and hardline products produced and imported to the site)
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. All pages of the plat shall be labeled USR-1528.
B. The Use by Special Review plat shall be prepared in accordance with
Section 23-2-260.D of the Weld County Code. The plat should identify the
additional outbuildings, scale house, gas tanks, approved signs, water
supply, restroom facilities, stockpile areas, customer parking,fencing, and
loading zones.
C. The Department of Public Health and Environment has no objections to the
proposal; however, the home is currently rented and will continue to be for
some time in the future. The water source for the home is designated as a
domestic well. It is the understanding of the Department of Public Health and
Environment that the home will either be demolished, and an office
constructed in its place, or renovated into an office structure. Upon
renovation,the applicant shall submit a letter,with proof of designation of a
commercial well permit,to the Departments of Planning Services and Public
Health and Environment.
D. In the event the facility's water system serves more than 25 persons on a
daily basis, the water system shall comply with the Colorado Primary
Drinking Water Regulations(5 CCR 1003-1). Evidence of compliance with
the Regulations shall be provided to the Weld County Department of Public
Health and Environment. Written evidence of approval shall be submitted to
the Department of Planning Services.
E. The applicant shall submit evidence to the Department of Planning Services,
from the Colorado Division of Water Resources,demonstrating that the well
is appropriately permitted for the commercial use.
F. The applicant shall submit a DustAbatement Plan,for review and approval,
to the Environmental Health Services Division of the Weld County
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Department of Public Health and Environment. Written evidence of approval
shall be submitted to the Department of Planning Services.
G. 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 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). Written
evidence of approval shall be submitted to the Department of
Planning Services.
H. The applicant shall submit building permits for all structures currently on the
site, including signs. If necessary,structures shall be relocated to meet the
setback requirements. In accordance with Section 23-3-50 of the Weld
County Code,the required setback is measured from the future right-of-way
line.
The applicant shall submit written evidence of permission to cross the
Lochbuie Utility Easement and the Beebe Seep Canal to the Department of
Planning Services.
J. The plat shall be amended to comply with the following Commercial District
Performance Standards as indicated in Section 23-3-250 of the Weld County
Code:
1) Section 23-3-250.A.1 -Stormwater Management. 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. The applicant will take into
consideration stormwater capture/quantity and provide accordingly
for best management practices.
2) Section 23-3-250.A.2 — Parking. Sufficient screened, off-street,
paved parking areas shall be provided to meet the requirements of
employees, company vehicles, visitors, and customers.
Appendix 23-A describes the design requirements for parking
spaces,and Appendix 23-B delineates the number of parking spaces
required by use for this property. The parking shall be figured in
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accordance to the required parking for sales and service based on
the size of the sales yard. The plat shall indicate the appropriate
parking spaces. The site shall also meet the Americans with
Disabilities Act(ADA)parking requirements. The off-street parking,
loading area, and the access drive shall be surfaced with gravel,
asphalt, concrete or the equivalent, and shall be graded to prevent
drainage problems. Each parking space shall be equipped with
wheel guards,or curb stops,where needed,to prevent vehicles from
extending beyond the boundaries of the space and from coming into
contact with other vehicles, walls, fences, or plant material.
3) Section 23-3-250.A.3-Street Access. Lots shall have safe access
to an approved public or private street. The design designation of any
street or highway as to type shall be in conformance with that shown
on the County Thoroughfare Plan and/or the master plan of the
affected municipality. There are two existing accesses to the
western portion of the proposed Use by Special Review Permit, west
of the Farmers Reservoir and Irrigation Company (Beebe Seep
Canal). The existing access west of, and adjacent to,the canal may
remain and shall be labeled an agricultural/ditch access. Given that
the applicant is requesting one additional access,and should one be
selected,the existing access on the west side of the property should
be abandoned,thus minimizing direct access onto a collector status
road. Evidence of the closure shall be submitted to the Department
of Planning Services.
4) Section 23-3-250.A.4.a—Required Yards-Setback. Weld County
Road 4 is a collector status road,and requires an 80-foot right-of-way
at full build out. The applicant shall verify the existing right-of-way
and the documents creating the right-of-way. Weld County maintains
this section of road. If the right-of-way cannot be verified, it shall be
dedicated.
5) Off-street parking areas may be permitted in the required setback
area if the area is screened from the direct view of persons on public
rights-of-way. Fences over six(6)feet in height are not required to
comply with the minimum setback, and may be located on the
property line. Fences located on corner lots abutting public right-of-
way shall not obstruct the view of vehicular traffic at an intersection.
6) Section 23-3-250.A.6 — Areas used for trash collection shall be
screened from public rights-of-way and all adjacent properties.
These areas shall be designed and used in a manner that will prevent
trash from being scattered by wind or animals. The plat shall
delineate the screened enclosure as outlined in Section 23-3-250.A.6
of the Code.
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7) Section 23-3-250.A.7—Water Supply. Uses shall have an adequate
source of potable water. The applicant shall provide current evidence
that the facility has an adequate water supply(i.e.,well or community
water system). Further, documentation provided by Anne J. Castle
of Holland and Hart,dated July 27,2005, indicates adequate water is
available for nursery operations on the property. Additionally, the
Office of the State Engineer, in its referral dated September2,2005,
confirms the availability of water for nursery operations, and further
confirms a domestic well (Permit#8741) is located on the property.
"As currently permitted, the well can only be used for domestic
purposes." If the employees and/or customers will be using water
from the domestic well for drinking and/or sanitary purposes a
commercial well permit must be obtained. The Department of Public
Health and Environment is requiring that the well be designated as
commercial.
8) Section 23-3-250.A.8-Sewage Disposal. Uses shall have adequate
sewage disposal facilities. Upon construction of an office facility,an
individual sewage disposal system is required,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.
OR
Upon conversion of the home into an office facility,the applicant will
be required to have the system reviewed by a Colorado registered
professional engineer in order to utilize the existing septic system.
The review shall consist of observation of the system and a technical
review describing the system's ability to handle the proposed
hydraulic load. The review shall be submitted to the Environmental
Health Services Division of the Weld County Department of Public
Health and Environment. In the event the system is found to be
inadequately sized or constructed, the system shall be brought into
compliance with current regulations.
9) Section 23-3-250.A.9 — Outside Storage. Outdoor storage of
vehicles, equipment, or materials (when permitted), shall be
screened from public rights-of-way and all adjacent properties. The
applicant shall submit a Landscape/Screening Plan to the
Department of Planning Services for review and approval.
10) The applicant shall complete all proposed improvements, including
those regarding landscaping,screening, access improvements, and
parking lot requirements, or enter into an Improvements Agreement
According to Policy Regarding Collateral for Improvements(access
drive, parking areas, plant materials, fencing, screening, etcetera)
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and post adequate collateral for all required materials. 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.
K. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) The Beebe Seep Canal agricultural/ditch access.
3) The main access to the office/sales facility,accommodating two-way
traffic for all types of vehicles with adequate turning radii.
4) Parking spaces to accommodate between 35 and 45 employees.
5) Parking spaces for patrons of the facility.
6) Locations for all existing and future (proposed) structures.
7) Location(s) for all identification signs.
8) Location of the trash dumpster.
9) Location of all proposed on-site lighting, both surface and mounted
overhead.
L. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
2. Prior to the release of Building Permits:
A. The applicant shall submit a building permit prior to the construction of any
new building (office and outbuildings). A building permit is required for the
change of use of any existing building(single family residence to an office).
Further, the applicant shall comply with all stipulations as outlined in the
Department of Building Inspection referral dated August 31, 2005.
B. 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. Contact
the Water Quality Control Division of the Colorado Department of Public
Health and Environment at www.cdphe.state.co.us/wq/PermitsUnit
<http://www.cdphe.state.co.us/wq/PermitsUnit>for more information.
C. The proposed facilities located on the property shall be in compliance with
the Fire Code as recognized by the Town of Hudson, and as indicated in its
referral dated September 13, 2005.
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3. Upon completion of Conditions of Approval #1 and #2 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.
4. 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
mapsco.weld.co.us.
5. The Amended Use by Special Review activity shall not occur, nor shall any building
or electrical permits be issued on the property, until the Amended Use by Special
Review plat is ready to be recorded in the office of the Weld County Clerk and
Recorder.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 28th day of December, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
I / /A WELD COUNTY,• // COLORADO
ATTEST: gd,
/ I� `� i /'//w-
se
_ "illiam H. rke, Chair
Weld County Clerk to the - ''+►`°
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BY: dt,E'�(. 1 lif 1 ` g� ?�° M. le, Pro-Te���
D icfE. Long
OV DASTY " 0
Robert D. Masd n
ounty Att rney 4, i�
GIVaad
Date of signature: I I i z/p(0
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
EDMUNDSON LAND, LLC
USR #1528
1. The Site Specific Development Plan and Use by Special Review Permit#1528 is for a Use
Permitted as a Use by right, an Accessory Use, or a Use by Special Review in the
Commercial Zone District(wholesale trade establishment for the sale of nursery stock and
hardline products produced and imported to site) in the A (Agricultural) Zone District, as
indicated in the application materials on file and subject to the Development Standards
stated herein.
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 Wastes
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,fugitive particulate emissions, blowing debris, and other potential nuisance conditions.
6. The applicant shall operate in accordance with the approved Waste Handling Plan.
7. 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.
8. 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.
9. Adequate hand washing and toilet facilities shall be provided for employees and patrons of
the facility.
10. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
11. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
12. 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).
13. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and
handled in a safe manner in accordance with product labeling and in a manner that
minimizes the release of hazardous air pollutants and volatile organic compounds.
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14. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
15. The operation shall comply with all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
16. Effective January 1, 2003, building permits issued on the site will be required to adhere to
the fee structure of the County-Wide Road Impact Program.
17. 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.
18. The off-street parking, including the access drive, shall be surfaced with gravel, asphalt,
concrete, or the equivalent, and shall be graded to prevent drainage problems. Off-street
loading spaces shall have adequate compaction for the unloading of heavy material or
equipment. All access and circulation areas shall be compacted or have a hard surface to
accommodate an all-weather access to the facility.
19. The historical flow patterns and run-off amounts will be maintained on the site in such a
manner that'twill 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.
20. Building permits shall be obtained prior to any new construction.A building permit is required
for the change of use for any existing buildings.
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. Two complete sets of
plans are required when applying for each permit. A Code Analysis Data Sheet, provided
by the Department of Building Inspection, shall be submitted with each building permit
application.
22. Buildings shall conform to the requirements of the codes adopted by Weld County at the
time of permit application. Current adopted codes include:2003 International Building Code,
2003 International Mechanical Code,2003 International Plumbing Code,2003 International
Fuel Gas Code, 2002 National Electrical Code, and Chapter 29 of the Weld County Code.
23. The office, including the bathrooms, shall be accessible to persons with disabilities.
Separate bathroom facilities shall be provided when the number of employees exceeds
fifteen (15). 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 Chapter 23 of 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. Offset and setback requirements are measured to the farthest
projection from the building.
25. There shall be no parking or staging of trucks within the public right-of way.
26. Trucks transporting materials from the site shall cover their loads to reduce loose materials
on the roadway and damage to vehicles.
27. The screening and landscaping on the site shall be maintained in accordance with the
approved Landscape/Screening Plan.
28. The single on-site identification sign shall be limited to one four(4) by eight(8)square foot
un-lit sign.
29. Hours of operation shall be from 7:00 a.m. to 5:00 p.m., Monday through Friday, and
7:00 a.m. to 12:00 p.m. Noon on Saturday for the wholesale component.
30. Hours of operation for on-going maintenance of nursery stock shall be from sunrise to
sunset, March 1, through November 1, and from 7:00 a.m. to 7:00 p.m., November 1,
through March 1, of any given calendar year.
31. The facility shall not employ more than 45 persons, as stated in the application materials.
32. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, of the Weld County Code.
33. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, of the Weld County Code.
34. 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.
35. The Use by Special Review area shall be limited to the plans shown herein and governed
by the foregoing standards and all applicable Weld County regulations. Substantial changes
to plans or Development Standards, as shown and stated, shall require an amendment of
the Permit approved by the Weld County Board of County Commissioners before any
changes to the plans or Development Standards will be permitted. Any other changes shall
be filed in the office of the Department of Planning Services.
36. 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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