HomeMy WebLinkAbout20040139.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Stephen Mokray, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1445
APPLICANT: High Ball Erectors LLC/Cliff Trostel c/o Flatirons Surveying Inc.
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Part SW4 Section 24,Ti N, R68W of the 6th P.M.,Weld County, Colorado.
REQUEST: Site Specific Development.Plan and Use by Special Review for the storage of
construction/fabrication materials.
LOCATION: North of and adjacent to CR 6 and east of and adjacent to CR 11.
be recommended favorably to the Board of County Commissioners 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 Planning Commission 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 22-2-150 B.5 (I. Policy 2.5.b)
states"ensure the compatibility with surrounding land use in terms of general use, building
height, scale, density, traffic dust and noise." Conditions have been included to ensure the
site does not have an adverse impact on the surrounding properties.
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.R of the Weld County Code provides for a business permitted
as a use by right or accessory use in the Industrial Zone District (storage of
construction/fabrication materials) 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 surrounding area is primarily agriculture. A Use By Special
Review for a turkey farm USR-117 is located to the south of site. A church and the City of
Dacono are located to the west of the site. Proposed landscaping shall mitigate the impact
to the neighboring properties.
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 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 subject property does lie within a three-mile referral area for the City of
Dacono, the Town of Erie, Broomfield County and Adams County. The City of Dacono in
their referral dated September 29, 2003 support the application with conditions that are
addressed in the Conditions of Approval and Development Standards. No referral was
received from the Town of Erie, Broomfield County or Adams County.
E. Section 23-2-220.A.5--The site does not lie within any Overlay Districts.
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 U.S.D.A. Soils Maps
indicate that the soils on this property are designated as Prime Irrigated Land. The site
consists of approximately thirty-seven(37)acres. The Use by Special Review area consists
of approximately eleven (11)acres. The remaining twenty-six(26)acres are proposed to be
used for agricultural uses.
2004-0139
Resolution USR-1445
Highball Erectors
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 Planning Commission's recommendation for approval is conditional upon the following:
1. Prior to scheduling a Board of County Commissioners hearing:
A. The applicant shall submit a detailed s ignage p Ian t o the Weld C ounty Department o f
Planning Services. (Department of Planning Services)The applicant has not delineated any
on-site sign(s). If an on-site sign(s) is desired, the signs shall adhere to Section 23-4-90.A
and .B of the Weld County Code. One identification sign per principal use shall be allowed,
provided that the sign does not exceed sixteen(16)square feet in area per face. Further,the
location of the sign, if applicable, shall be delineated on the Landscape / Site Plan. The
applicant may submit a sign plan for a larger sign prior to the Board of County
Commissioners hearing. (Department of Planning Services)
2. Prior to recording the plat:
A. The applicant shall submit a Landscape/Screening Plan for review and approval.All on site
landscape treatment shall comply with Section 23-3-250.A.5.a and A.5.b of the Weld County
Code.The applicant shall provide a plant material list delineating the proposed species to be
used, including a turf species if installed. The plan shall also address the following:
B. The applicant shall demonstrate how the proposed plant material will be watered, thus
ensuring adequate growth and established of the feeder root system. The applicant shall
submit an irrigation plan for review and approval by the Department of Planning Services.
(Department of Planning Services)
C. The applicant shall attempt to address the requirements(concerns)of the City of Dacono,as
stated i n the referral response dated September 29, 2003. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of
Planning Services)
D. The applicant shall attempt to address the requirements(concerns)of the Mountain View Fire
Protection District,as stated in the referral response dated September 18,2003. Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
E. The applicant shall contact Broomfield County to verify the status of County Road 11 and
shall delineate the required amount of right-of-way on the plat. (Department of Planning
Services)
F. The off-street parking spaces, access drive, and the parking area 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 blocks where needed to
prevent vehicles from coming into contact with walls, other vehicles, fencing or plantings.
(Department of Public Works)
G. The circulation shall be designed and constructed to include an adequate, safe and
conventional arrangement for pedestrian,vehicle circulation,off-street parking,and loading
areas. (Department of Public Works)
Resolution USR-1445
Highball Erectors
Page 3
H. Restrooms and an individual sewage disposal system (ISDS)shall be constructed to serve
employees and patrons of the facility. The ISDS shall be designed by a registered
professional engineer and installed according to the Weld County Code. (Department of
Public Health and Environment)
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.
Evidence of approval shall be submitted to the Department of Planning Services. 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). (Department of Public Health and
Environment)
J. The applicant shall enter into a Private Improvements Agreement according to policy
regarding collateral for improvements and post adequate collateral for all landscaping,
transportation (access drive,parking areas,etcetera)and non-transportation(plant materials,
fencing, screening,water, signage etcetera). The agreement and form of collateral shall be
reviewed by County Staff and accepted by the Board of County Commissioners prior to
recording the USR plat. Or the applicant may submit evidence that all the work has been
completed and reviewed by the Department of Planning Services and the Department of
Public Work. (Department of Planning Services)
K. The plat shall be amended to delineate the following:
1. The plat shall be labeled USR-1445 (Department of Planning Services)
2. The approved Landscape/Screening Plan. (Department of Planning Services)
3. The attached Development Standards. (Department of Planning Services)
4. County Road 6 is designated on the Road Capital Improvement Plan in the County
Wide Impact Fee Code Ordinance,Section 20-1-30,as a collector status road,which
requires an 80-foot right-of-way at full build out. There is presently a 60-foot right-of-
way. This road is maintained by Weld County.A total of 40 feet from the centerline
of County Road 6 shall be delineated right-of-way on the plat. (Department of Public
Works)
5. The access shall be wide enough to accommodate two-way traffic with an adequate
turning radiuses on to County Road 6. (Department of Public Works)
6. Per Section 23-3-250.A.2 of the Weld County Code, the applicant shall delineated
sufficient screened off-street paved parking areas unless waived by the Department
of Public Works. The number of off-street parking spaces required for the High Ball
Erectors (warehouse) is 1 space for each 1000 square feet of space, a total of
twenty-one spaces. Additionally one off-street loading area is required for a facility of
this size. All parking and loading areas shall be screened from adjacent properties
and road rights-of-way. The applicant shall delineate an opaque visual screen on all
sides of the property to mitigate the potential negative impact and aesthetic concerns
on surrounding properties. The applicant shall submit a Parking Plan to the Weld
County Department of Planning Services for review and approval. The applicant
shall address all requirements of the American for Disabilities Act in future drawings.
Typically, one of the parking spaces shall be van accessible with an eight (8)foot
aisle between parking spaces. The area for the non-ambulatory parking spaces
shall be paved. In addition,all parking spaces shall have curb stops. (Departments
of Planning Services and Department of Public Works)
Resolution USR-1445
Highball Erectors
Page 4
7. Section 23-3-250.A.6 of the Weld County Code addresses the issue of trash
collection areas. Areas used for storage or trash collection shall be screened from
adjacent public rights-of-way and adjacent properties. These areas shall be
designed and used in a manner that will prevent wind or animal scattered trash.
8. Section 2 3-3-250.B a ddresses operation standards for C ommercial uses. T he
applicant shall address the issue of on-site lighting, including security lighting if
applicable. Subsection F. states "any lighting ... shall be designed, located and
operated in such a manner as to meet the following standards: sources of light shall
be shielded sot hat beams o r rays of I ight will not shine directly onto adjacent
properties...."
L. 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)
3. Upon completion of 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 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 thirty(30)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)
4. 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. (Department of Planning Services)
5. Prior to operation:
A. A building permit shall be required for the addition/remodel of a restroom in the existing
building. (Department of Building Inspection)
6. 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)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
High Ball Erectors LLC
USR-1445
1. The Site Specific Development Plan and Special Use Permit is for a business permitted as a use by
right or accessory use in the Industrial Zone District(storage of construction/fabrication materials)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)
3. Storage items are limited to concrete products, empty commercial trash bins, commercial vehicles,
construction materials and two(2)personal recreational vehicles. (Department of Planning Services)
4. Areas used for storage shall be screened from adjacent public rights-of-way and adjacent properties
and/or located within the existing structures. (Department of Planning Services)
5. All structures, including signs, on site must obtain the appropriate building permits. (Department of
Planning Services)
6. Separate tenant finish building permits shall be required for all separately leased spaces in the
existing building. Permit applications shall include all uses to which the buildings area, or will be,
used. A plot plan shall be submitted showing all structures with accurate distances between
structures, and from structures to all property lines. (Department of Building Inspection)
7. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 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. (Department of Public Health and Environment)
8. 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, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment)
9. 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)
10. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment)
11. This facility shall adhere to the maximum permissible noise levels allowed in the light industrial zone
as delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment)
12. The facility shall utilize the existing public water supply (Central Weld County Water District).
(Department of Public Health and Environment)
13. The facility shall operate in accordance with the approved "waste handling plan". (Department of
Public Health and Environment)
14. Adequate toilet facilities shall be provided for the employees and the public. (Department of Public
Health and Environment)
15. An I.S.D.S is required for the proposed facility and shall be installed according to the Weld County
I.S.D.S. regulations. (Department of Public Health and Environment)
16. The septic system is required to be designed by a Colorado Registered Professional Engineer
according to the Weld County I.S.D.S. regulations. (Department of Public Health and Environment)
Resolution USR-1445
Highball Erectors
Page 2
17. No on-site disposal of produce of any type shall be permitted at anytime. Produce shall be handled
and stored at the facility in such a manner so that no nuisance is created by odor, blowing of debris,
fugitive dust, or spoiled produce on or around the facility. (Department of Public Health and
Environment)
18. All pesticides,fertilizer, and other potentially hazardous chemicals must be stored and handled in a
safe manner, pursuant to Section 25-8-205.5 Colorado Water Quality Control Act and Rules and
Regulations. (Department of Public Health and Environment)
19. In the event that 5 or more acres are disturbed during the construction and development of this site,
the applicant shall obtain a storm water discharge permit from the Water Quality Control Division of
the Colorado Department of Public Health and Environment. (Department of Public Health and
Environment)
20. The historical flow patterns and run-off amounts will be maintained on site in such a manner that will
reasonably preserve 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. (Department of Public Works)
21. Landscaping materials as proposed in the approved Landscape Plan shall be maintained at all times.
Dead or diseased plant materials shall be replaced with materials of similar quantity and quality at the
earliest possible time. (Department of Planning Services)
22. On-site lighting, including security lighting if applicable shall maintain compliance with Section 23-3-
250.6.6 of the Weld County Code. (Department of Planning Services)
23. Hours of operation are 7:00 a.m. to 5:00 p.m. Monday through Friday. (Department of Planning
Services)
24. The site is limited to no more than nine (9) employees. (Department of Planning Services)
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. Effective January 1,2003, Building Permits issued on the proposed lots will be required to adhere to
the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11)
28. Personnel from the 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.
29. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing
standards and all a pplicable Weld County regulations. S ubstantial changes from the plans o r
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.
30. 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.
Resolution USR-1445
Highball Erectors
Page 3
Motion seconded by John Folsom
VOTE:
•
For Passage Against Passage Absent
Michael Miller
John Folsom
Bryant Gimlin
Stephen Mokray
Bruce Fitzgerald
James Rohn
Tim Tracy
Doug Ochsner
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I,Voneen Macklin, Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on November 18, 2003.
Dated the 18th of November, 2003.
Voneen Macklin
Secretary
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