HomeMy WebLinkAbout20050540.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL
REVIEW PERMIT #1416 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(DISPLAY FIREWORKS STORAGE AND FIREWORKS
EQUIPMENT STAGING FACILITY, ALONG WITH AN OFFICE) IN THE A
(AGRICULTURAL) ZONE DISTRICT -ANN STONEBRAKER
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 9th day of
March,2005,at the hour of 10:00 a.m.in the Chambers of the Board for the purpose of hearing the
application of Ann Stonebraker,4502 Weld County Road 11, Dacono, Colorado 80514,for a Site
Specific Development Plan and Amended Use by Special Review Permit#1416 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(display fireworks storage and fireworks equipment staging facility,along with an office)
in the A (Agricultural) Zone District on the following described real estate, to-wit:
Lot B of Recorded Exemption#3589;being part of the
NE1/4 of Section 28, Township 2 North, Range 64
West of the 6th P.M., Weld County, Colorado
WHEREAS,at said hearing the Board deemed it advisable to refer said matter back to the
Planning Commission due to public testimony indicating a lack of notification to surrounding property
owners for the Planning Commission hearing held on January 18, 2005, and
WHEREAS,on March 14,2005,the Board deemed it advisable to grant a pre-advertisement
request from the Department of Planning Services, on behalf of the applicants,and set the matter
to a new hearing on April 13, 2005, and
WHEREAS,on April 13,2005,said applicant was represented by Linn Leeburg, Leeburg and
Associates, 707 Hawthorn Avenue, Boulder, Colorado 80304, 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.
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AMENDED SPECIAL REVIEW PERMIT#1416 -ANN STONEBRAKER
PAGE 2
2. It is the opinion of the Board of County Commissioners that the applicant has shown
compliance with Section 23-2-230.B of the Weld County Code as follows:
a. Section 23-2-230.6.1 --The proposed use is consistent with Chapter 22 and
any other applicable code provisions or ordinance in effect. Section 22-2-60
(A.Goal 4)of the Weld County Code states,"Conversion of agricultural land
to nonurban residential, commercial, and industrial uses will be
accommodated when the subject site is within an area that can support such
a development. Such development shall attempt to be compatible with the
region." Five (5) acres will be added to the existing USR for a fireworks
storage facility approved under USR-1416. The five (5) acre addition will
encompass the proposed fireworks equipment staging facility and office.
The Conditions of Approval, Development Standards, and Operations
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 23-2-230.6.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The site is border by Interstate 76,
which is adjacent to the south, and agricultural land to the north, east and
west. Existing single family residences are located approximately one-half
mile to the west and one-half mile north of the site. A truck and equipment
training facility, approved in April of 2004 under Use by Special Review
Permit, USR-1438, is located to the west. The Conditions of Approval,
Development Standards,and Operations Standards will effectively mitigate
any adverse impacts to surrounding areas.
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
proposed Amended Use by Special Review is not located within an existing
Urban Growth Boundary or Intergovernmental Agreement area; however, it
is located within the three-mile referral areas for the Towns of Hudson and
Keenesburg. No referrals have been received from the Towns of Hudson
and Keenesburg indicating conflicts with their interests.
e. Section 23-2-230.6.5—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.
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AMENDED SPECIAL REVIEW PERMIT#1416 -ANN STONEBRAKER
PAGE 3
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. This parcel is located on land designated as"Other"and"High Potential
Dry Crop" land according to the 1979 U.S.D.A. Soil Conservation Service
Important Farmlands of Weld County map. Five (5)acres will be added to
the existing USR for a fireworks storage facility approved under USR-1416.
The five(5)acre addition will encompass the proposed fireworks equipment
staging facility and office. The remainder of the parcel (approximately 140
acres) will remain available for agricultural purposes.
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 Ann Stonebrakerfor a Site Specific Development Plan and
Amended Use by Special Review Permit #1416 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(display
fireworks storage and fireworks equipment staging facility,along with an office)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. Each sheet of the plat shall be labeled AMUSR-1416.
B. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) The approved Screening Plan.
3) The applicant shall indicate a Parking and Access Plan.
Appendix 23-B of the Weld County Code requires one (1) parking
space per 1,000 square feet of warehouse area,and one(1)parking
space per 500 square feet of office area.
C. Weld County Road 18 is designated on the Weld County Road Classification
Plan as a local gravel road,which requires 60 feet of right-of-way at full build
out. There is presently 60 feet of right-of-way. A total of 30 feet from the
centerline of Weld County Road 18 shall be delineated as right-of-way on the
plat. This road is maintained by Weld County.
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AMENDED SPECIAL REVIEW PERMIT#1416 -ANN STONEBRAKER
PAGE 4
D. The applicant shall submit a Screening Plan for review and approval by 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 County staff and accepted by the
Board of County Commissioners prior to recording the plat.
F. The applicant shall address the recommendations of the Weld County
Sheriffs Office, as stated in the referral received November 30, 2004.
G. The applicant shall provide a recorded access agreement with the owners
of Lot A of Recorded Exemption#3589,allowing customers and employees
of the facility to use the existing 30-foot access easement that crosses Lot A
of Recorded Exemption #3589. The reception number for the access
agreement shall be placed on the plat.
H. The applicant shall enter into an Off-site Improvements Agreement with the
Weld County Department of Public Works to address dust control on Weld
County Road 18. The Off-site Improvements Agreement and collateral shall
be accepted by the Board of County Commissioners.
The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
J. The applicant shall provide evidence of Department of Treasury, Bureau of
Alcohol,Tobacco and Firearms(ATF)approval,or provide evidence that ATF
requirements are not applicable.
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 thirty(30)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 Amended 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.
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AMENDED SPECIAL REVIEW PERMIT#1416 -ANN STONEBRAKER
PAGE 5
5. Prior to Release of Building Permits:
A. A plan review is required for each building for which a building permit is
required. Plans shall include a floor plan and bear the wet stamp of a
Colorado registered architect or engineer. Two complete sets of plans are
required when applying for each permit. Submit a Code Analysis Dates
sheet, which is provided by the Weld County Department of Building
Inspection,with each building permit application. Building plans shall also be
submitted to the Southeast Weld Fire Protection District for its approval.
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 for more
information.
6. Prior to Certificate of Occupancy:
A. An individual sewage disposal system is required for the proposed metal
building(s) and shall be installed according to the Weld County Individual
Sewage Disposal System (I.S.D.S.) Regulations.
B. The septic system is required to be designed by a Colorado registered
engineer, according to the Weld County I.S.D.S. Regulations.
7. Prior to operation:
A. The applicant shall address the requirements of the Department of Building
Inspection as stated in its referral received January 23, 2003. Evidence of
such shall be submitted in writing to the Department of Planning Services.
8. The Amended Use by Special Review activity shall not occur, nor shall any building
or electrical permits be issued, until the Amended Use by Special Review plat is
ready to be recorded in the office of the Weld County Clerk and Recorder.
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AMENDED SPECIAL REVIEW PERMIT#1416 -ANN STONEBRAKER
PAGE 6
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 13th day of April, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
•A4 IE La WELD COUNTY, COLORADO
1861 r .iliszp U�� William H. Je e, Chair
o �Jerk to the Board
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Li ,%��, / M. J. ile, Pro- em
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Deputy Clerk to the Board �}_Vn\ (v `�j\�
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Count Att y EXCUSED
Glenn Vaad
Date of signature: -OS
2005-0540
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SITE SPECIFIC DEVELOPMENT PLAN
AMENDED USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ANN STONEBRAKER
AMUSR #1416
1. A Site Specific Development Plan and Amended Use by Special Review Permit#1416 is for
a Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the
Commercial or Industrial Zone Districts(display fireworks storage and fireworks equipment
staging facility, along with an office) in the A (Agricultural) Zone District.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code.
a) This Amended Use by Special Review Permit shall expire if it is transferred to any
party that is not a future heir of the applicant.
3. This operation shall be limited to a total of fifteen (15) employees as outlined in the
application materials.
4. Hours of operation shall be from 6:00 a.m.to 7:00 p.m. During the peak season(around the
4th of July Holiday) hours of operation shall be from 6:00 a.m. to 10:00 p.m.
5. Total vehicle trips shall be limited to eighty(80)during the peak season (around the 4th of
July Holiday).
6. There shall be no outdoor storage of vehicles and equipment, with the exception of
temporary staging of vehicles and equipment.
7. A future access point is indicated on the plat. When this future access is developed, the
applicant shall provide a Weld County Access Information Sheet to the Department of Public
Works for review and approval of a safe and adequate access.
8. The access and circulation pattern shall be surfaced with gravel. The gravel shall support
semi truck traffic and shall be graded to prevent drainage problems.
9. All corners and intersections shall have adequate turning radii to accommodate large trucks.
10. Any time the gravel access road crosses a drainage pattern, the applicant shall
accommodate the drainage with a culvert to provide an all-weather access to the facility.
11. The storage magazines, metal boxes,trailers,and the type-four units should not block the
historical flow pattern. The historical flow pattern and run-off amounts will be maintained in
such a manner that will reasonably preserve the natural character of the area and prevent
property damage of the type generally attributed to the run-off rate and velocity increases,
diversions, concentration and/or unplanned ponding of storm run-off.
12. Dust control applications shall be provided a minimum of twice per year, or more as
determined by the Department of Public Works, on Weld County Road 18, in front of the
neighboring property across Weld County Road 18, to minimize impact to the adjacent
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DEVELOPMENT STANDARDS -WILLIAM AND ANN STONEBRAKER (AMUSR#1416)
PAGE 2
property owner.
13. 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.
14. No permanent disposal of wastes shall be permitted at this site. This is not meant to
exclude 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.
15. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
16. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
17. 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.
18. The applicant shall operate in accordance with the approved Waste Handling Plan.
19. Adequate hand washing and toilet facilities shall be provided for employees and patrons of
facilities.
20. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
21. A permanent,adequate water supply shall be provided for drinking and sanitary purposes.
22. All 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.
23. If applicable,the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
24. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code.
25. 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, Area 4.
26. Sources of light shall be shielded so that beams or rays of light will not shine directly onto
adjacent properties; neither the direct nor reflected light from any light source may create
a traffic hazard to operators of motor vehicles on public or private streets; and no colored
lights may be used which may be confused with, or construed as, traffic control devices.
27. Screening on the site shall be maintained in accordance with the approved Screening Plan.
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DEVELOPMENT STANDARDS -WILLIAM AND ANN STONEBRAKER (AMUSR#1416)
PAGE 3
28. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
29. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
30. Weld County Government personnel shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the property comply with the
Development Standards stated herein and all applicable Weld County regulations.
31. The Amended Use by Special Review area shall be limited to the plans shown hereon and
governed by the foregoing Standards and all applicable Weld County regulations.
Substantial changes from the plans or Development Standards as shown or stated shall
require the approval of an amendment of the Permit by the Weld County Board of County
Commissioners before such changes from the plans or Development Standards are
permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
32. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards
may be reason for revocation of the Permit by the Board of County Commissioners.
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