HomeMy WebLinkAbout20042767 RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL
REVIEW PERMIT #935 FOR A USE PERMITTED AS A USE BY RIGHT OR
ACCESSORY USE IN THE COMMERCIAL ZONE DISTRICT (LANDSCAPING
MATERIALS YARD, AGRICULTURAL AND SUPPLY BUSINESS) IN THE
A (AGRICULTURAL) ZONE DISTRICT - BRITTARA LAND COMPANY, 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 6th day of
October, 2004, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of BritTara Land Company, LLC, P.O. Box 547,Windsor,Colorado 80550,for a Site
Specific Development Plan and Amended Use by Special Review Permit#935 for a Use Permitted
as a Use by Right or Accessory Use in the Commercial Zone District(landscaping materials yard,
agricultural and supply business)in the A(Agricultural)Zone District on the following described real
estate, to-wit:
Lot A of Recorded Exemption#1331;being part of the
E1/2 SW1/4 of Section 36,Township 4 North, Range
68 West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by John Vasquez, JCB Engineering,
106 Rock Bridge Court, Windsor, Colorado 80550, 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.B.1 —The proposal is consistent with Chapter 22 of the
Weld County Code and any other applicable Code provision or ordinance in
effect.
b. Section 22-2-60.D(A.Goal 4)states,"Conversion of agricultural land to non-
urban residential, commercial, and industrial uses will be accommodated
when the subject site is in an area that can support such development. Such
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AMENDED SPECIAL REVIEW PERMIT#935 - BRITTARA LAND COMPANY, LLC
PAGE 2
development shall attempt to be compatible with the region. This goal is
intended to address conversion of agricultural land to non-urban uses. Once
converted, this land is less conducive to agricultural production."
c. Section 23-3-40.R states, "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 part of a plan filed prior to adoption of any
regulations controlling subdivision."
d. Section 22-2-170.C (C.Goal 3) states, "Address the compatibility of
commercial land uses with adjacent land uses."
e. Section 22-2-60.A.3(A.Policy 1.3)states,"Allow commercial and industrial
uses,which are directly related to,or dependent upon agriculture,to locate
within the A (Agricultural) Zone District when the impact to surrounding
properties is minimal, and where adequate services and infrastructure are
currently available or reasonably obtainable."
f. Section 22-2-60.6 (A.Goal 2) states, "Conversion of agricultural land to
urban-scale residential,commercial,and industrial uses will be considered
when the subject site is located inside an approved Intergovernmental
Agreement area,Urban Growth Boundary area,I-25 Mixed Use Development
area,or Urban development nodes,or where adequate services are currently
available or reasonably obtainable."
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of BritTara Land Company, LLC, for a Site Specific
Development Plan and Amended Use by Special Review Permit#935 for a Use Permitted as a Use
by Right or Accessory Use in the Commercial Zone District(landscaping materials yard,agricultural
and supply business)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 applicant shall address the concerns of the Mountain View Fire
Protection District, as stated in its referral dated July 9, 2004. Evidence of
approval shall be submitted to the Department of Planning Services.
B. The applicant shall provide the Department of Public Works with a haul route
from the site to the nearest paved road. Evidence of an approved route by
the Department of Public Works shall be submitted to the Department of
Planning Services.
C. The applicant shall enter into an Off-site Public Road Maintenance and
Improvements Agreement with the Weld County Department of Public
Works for any off-site improvements associated with the proposed use.
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D. The applicant shall enter into a Private Improvements Agreement According
to Policy Regarding Collateral for On-site Improvements and post adequate
collateral for all landscaping,transportation(i.e.access drive,parking areas,
etcetera) and non-transportation issues (i.e. 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 Use by Special Review plat. Or the
applicant may submit evidence that all the work has been completed and
approved by the Departments of Planning Services and Public Works.
E. The applicant shall submit a Dust Abatement Plan,for review and approval,
to the Weld County Department of Public Health and Environment,
Environmental Health Services Division. Evidence of approval shall be
submitted to the Department of Planning Services.
F. An Individual Sewage Disposal System is required for the scale house 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. Evidence of approval and installation shall be
submitted to the Department of Planning Services.
G. The applicant shall submit a Waste Handling Plan,for approval,to the Weld
County Department of Public Health and Environment, Environmental Health
Services Division. 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 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).
H. The applicant shall provide evidence that the existing structure meets the
offset requirements outlined in Section 23-3-250.A.4 of the Weld County
Code. If the structure does not meet required setbacks, the applicant shall
submit a Non-Conforming Use of a Structure (NCU) application.
The applicant shall submit a property maintenance plan, in accordance with
Section 23-2-250.6.7 of the Weld County Code, to the Department of
Planning Services.
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J. The applicant shall provide an agreement with Great Western Railroad
outlining the storage of material in the right-of-way, uses, and crossings.
K. 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. If located on the site, the plat
shall indicate the drainage area.
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. Thirty-five parking spaces shall be
provided. Should the number of equipment,structures,or employees
increase,the parking requirements shall be delineated according to
this section. The plat shall indicate the appropriate parking spaces.
The site shall also meet ADA parking requirements. The circulation
pattern,including the access drives,shall be surfaced with recycled
gravel or a treated gravel to keep the dust under control.
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. The applicant has identified two accesses
to the facility. Both accesses to the site need to be redesigned to
enter off of Weld County Road 38 at a 90-degree angle, for a
minimum of one tractor trailer length, to provide adequate sight
distance in both directions.
4) Section 23-3-250.A.4 — Required Yards - Setback. Weld County
Road 38 is designated on the Weld County Road Classification Plan
as an arterial road,which requires a 140-foot right-of-way at full build
out. Presently there is a 60-foot right-of-way. A total of 70 feet from
the centerline of Weld County Road 38 shall be delineated as
right-of-way on the plat. This road is maintained by Weld County.
Off-street parking areas may be permitted in the required setback
area when the area is screened from direct view of persons on the
public rights-of-way. Fences over six (6) feet in height are not
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required to comply with the minimum setback and may be located on
the property line. Fences located on corner lots abutting public
rights-of-way shall not obstruct the view of vehicular traffic at an
intersection.
5) 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 the wind or animals. The plat shall
delineate the screened enclosure as outlined in this Section of the
Code.
6) 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).
7) Section 23-3-250.A.8-Sewage Disposal. Uses shall have adequate
sewage disposal facilities. An individual sewage disposal system is
required for the existing office and shall be installed according to the
Weld County 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.
8) 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 in compliance with
Section 23-3-250.A.5.A of the Weld County Code to the Department
of Planning Services for review and approval.
L. The plat shall be amended to delineate the following:
1) All pages of the plat shall be labeled AMUSR-935.
2) The plat shall be prepared in accordance with Section 23-2-360.D of
the Weld County Code. The plat scale shall be 1" = 50'. Staff will
waive the Vicinity Map scale of 1" = 2000' and permit 1" = 1000'.
3) The attached Development Standards.
4) The applicant shall verify with Great Western Railroad the associated
right-of-way with the two track lines on the property and shall
delineate them on the plat.
5) The fire hydrant on the site needs to be illustrated on the plat.
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M. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
2. Upon completion of Condition of Approval #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.
3. 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 maos@co.weld.co.us.
4. Prior to the issuance of Building Permits:
A. All plans for the construction/installation of new buildings must be approved
by the Mountain View Fire Protection District.
B. The applicant shall verify that the setback requirements per
Section 23-3-250.A.4 of the Weld County Code have been addressed.
C. In the event that one(1)or more acres are disturbed during the construction
and development of this site, the applicant shall inquire with the Water
Quality Control Division (WQCD) of the Colorado Department of Public
Health and Environment if they are required to obtain a Stormwater
Discharge Permit. Alternately, the applicant can provide evidence from
WQCD that they are not subject to these requirements.
D. 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. Provide a Code Analysis Data
Sheet provided by the Weld County Department of Building Inspection with ,
each Building Permit application.
E. Buildings shall conform to the requirements of the various codes adopted at
the time of permit application. Currently the following have been adopted by
Weld County: 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.
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F. Each building 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.
G. The structure will probably be classified as a mixed use, B (offices)and M
(Retail Store) occupancy. 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 the Weld County Code.
H. 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. Offset and setback requirements are measured to
the farthest projection from the building.
5. 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.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 6th day of October, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
LD COUNTY, COLORADO
`� Robert D. Masden, Chair
Clerk to the Board
1861 r4. t��
William H. rke, Pro-Tem
Clerk to the Board
cliff� M. . eile
AP VE S 1.
David E. Long
ounty Attorney
Gle n Va
Date of signature: /����/et
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SITE SPECIFIC DEVELOPMENT PLAN
AMENDED USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
BRITTARA LAND COMPANY, LLC
AMUSR#935
1. The Site Specific Development Plan and Amended Use by Special Review Permit#935 is
for a Use Permitted as a Use by Right or Accessory Use in the Commercial Zone District
(landscaping materials yard, agricultural and supply business)in the A(Agricultural)Zone
District, as indicated in the application materials on file and subject to the Development
Standards stated hereon.
2. The following items are permitted on site: agricultural supplies, rock, landscape boulders,
gravel,sand, mulch,ground cover,topsoil,compost mixtures, manufactured stone,retaining
wall systems, fabric, pins, timbers, and ties.
3. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code.
4. The hours of operation shall be limited to daylight hours,Monday through Saturday. Hours
in the winter months (November through April) will be 7:00 a.m. to 5:00 p.m., and in the
summer months (May through October) will be 7:00 a.m. to 7:00 p.m.
5. No retail sales of material can occur on this site
6. Should noxious weeds exist on the property, or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
7. No parking or staging of vehicles will be permitted within the public right-of-way on Weld
County Road 38.
8. 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.
9. 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.
10. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
11. The applicant shall operate in accordance with the approved Waste Handling Plan.
12. 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.
13. The 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.
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14. Adequate hand washing and toilet facilities shall be provided for employees and patrons of
the facility.
15. An individual sewage disposal system is required for the facility and shall be installed
according to the Weld County I.S.D.S. Regulations.
16. The facility shall utilize the existing public water supply (Little Thompson Water District).
17. 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.
18. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
19. The operation shall comply with all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
20. A Building Permit shall be obtained prior to the construction of any new building.
21. Effective January 1, 2003, Building Permits issued on the subject lot will be required to
adhere to the fee structure of the County-Wide Road Impact Program.
22. The designated haul route shall be Weld County Road 38 from the site east to Weld County
Road 13. Westbound traffic will be used for local delivery only. The applicant shall enter into
a Road Improvements Agreement with the Weld County Department of Public Works on
dust suppressant or base stabilization.
23. The historical flow patterns and run-off amounts will be maintained on the site in such
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.
24. The landscaping on the site shall be maintained in accordance with the approved Landscape
Plan.
25. The property owner shall allow any mineral owner the right of ingress or egress for the
purposes of exploration development,completion, recompletion, re-entry,production, and
maintenance operations associated with existing or future operations located on these
lands.
26. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
27. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
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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 Amended Use by Special Review Permit 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.
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