HomeMy WebLinkAbout20041070.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1438 FOR A BUSINESS PERMITTED AS A USE BY RIGHT OR
ACCESSORY USE IN THE INDUSTRIAL ZONE DISTRICT (TRUCK DRIVING
SCHOOL) IN THE A (AGRICULTURAL) ZONE DISTRICT - HCP VENTURES,
LLLP/FLOYD WINSLOW
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 21st day of
April, 2004, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of HCP Ventures, LLLP/Floyd Winslow,do Careers World Wide,Attn:Terry Douglass
and Charles Tweedy, 29555 East 144th Avenue, Brighton, Colorado 80603, for a Site Specific
Development Plan and Use by Special Review Permit#1438 for a Business permitted as a Use by
Right or Accessory Use in the Industrial Zone District(truck driving school) in the A(Agricultural)
Zone District on the following described real estate, to-wit:
Part of the NW1/4 of the NW1/4 of Section 28,
Township 2 North, Range 64 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, the applicant, Charles Tweedy, was present at said hearing, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS,the Board of County Commissioners heard all of the testimony and statements
of those present,studied the request of the applicant and the recommendations of the Weld County
Planning Commission and all of the exhibits and evidence presented in this matter and,having been
fully informed, finds that this request shall be approved for the following reasons:
1.• The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has shown
compliance with Section 23-2-230.B of the Weld County Code as follows:
a. Section 23-2-230.6.1 --The proposed use is consistent with Chapter 22 and
any other applicable Code provisions or ordinances in effect.
Section 22-2-60.A.1 (A.Goal 1)promotes the preservation of prime farmland
for agricultural purposes which foster the economic health and continuance
of agriculture. The proposal does not effect the productivity of the site.
b. Section 23-2-230.6.2--The proposed use is consistent with the intent of the
A (Agricultural) Zone District.
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SPECIAL REVIEW PERMIT#1438 - HCP VENTURES, LLLP/FLOYD WINSLOW
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c. Section 23-2-230.6.3--The uses which will be permitted will be compatible
with the existing surrounding land uses.
d. Section 23-2-230.6.4--The uses which will be permitted will be compatible
with future development of the surrounding area as permitted by the existing
zoning and with the future development as projected by Chapter 22 of the
Weld County Code and any other applicable code provisions or ordinances
in effect, or the adopted Master Plans of affected municipalities.
e. Section 23-2-230.6.5 --The site does not lie within any Overlay Districts.
f. Section 23-2-230.6.6--The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use.
g. Section 23-2-230.6.7 -- 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 HCP Ventures, LLLP/Floyd Winslow, do Careers World
Wide,Attn:Terry Douglass and Charles Tweedy,for a Site Specific Development Plan and Use by
Special Review Permit#1438 for a Business permitted as a Use by Right or Accessory Use in the
Industrial Zone District(truck driving school)in the A(Agricultural)Zone District on the parcel of land
described above be, and hereby is, granted subject to the following conditions:
1. The applicant has proposed a well as the source of adequate water for the site.
Property owners are advised that the quantity of water available for usage may be
limited to specific uses,i.e.,"Domestic Use Only,"etcetera. Because each situation
is unique, the Department of Planning Services encourages property owners to
contact the Office of the State Engineer, Division of Water Resources (1313
Sherman Street, Room 818, Denver, Colorado 80203. Phone 303-866-3581), to
discuss each individual situation.
2. Prior to recording the plat:
A. The applicant shall submit a revised Landscape/Screening Plan for review
and approval addressing the concerns in the referral received November 3,
2003.
B. The applicant shall attempt to address the requirements and concerns of the
Southeast Weld Soil Conservation District,as stated in the referral response
dated November 3,2003. Evidence of such shall be submitted in writing to
the Weld County Department of Planning Services.
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C. The applicant shall either submit to the Weld County Department of Planning
Services a copy of an agreement with the property's mineral owners
stipulating that the oil and gas activities have adequately been incorporated
into the design of the site, or show evidence that an adequate attempt has
been made to mitigate the concerns of the mineral owners.
D. The applicant shall contact the appropriate federal agencies regarding the
wetlands located on site,and provide written evidence that the proposal is in
compliance with their specific jurisdictional requirements.
E. The applicant shall provide evidence that there will be no on-site impacts
pertaining to "the placement of dredge or fill material, and any excavation
associated, either temporary or permanent, in water of the United States
which includes ephemeral,intermittent and perennial streams,lakes,ponds,
or wetlands at the site..." have been addressed to the satisfaction of the
Department of the Army Corps of Engineers. Written evidence shall be
submitted to the Weld County Department of Planning Services for review
and approval.
F. The applicant shall complete a Weld County Access Information Sheet for
the proposed home.
G. The applicant shall enter into an improvements agreement with the
Department of Public Works to discuss the proportionate expense for dust
control on Weld County Roads 18 and 53.
H. The applicant shall complete all the appropriate Building and Electrical
Permits.
Evidence shall be provided to the Department of Planning Services that the
RV has been removed from the property.
J. The plat shall be amended to delineate the following:
1) The plat shall be labeled USR-1438.
2) The attached Development Standards.
3) The approved Landscaping/Screening Plan.
4) Weld County Road 18 is designated on the Road Capital
Improvement Plan in the County-Wide Impact Fee Code Ordinance,
Section 20-1-30, 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 right-of-way on the plat. This road is
maintained by Weld County.
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5) The applicant shall utilize the existing residential/agricultural access.
The access shall be wide enough to accommodate two-way traffic
with an adequate turning radius for tractor-trailer movements onto
Weld County Road 18.
6) The applicant shall place and label on the plat the area to be utilized
for truck driving training,such as the motor grader course. This area
should show adequate circulation and parking.
7) The applicant shall coordinate the training area and the proposed
building for adequate traffic flows and turning radiuses.
Student/operator parking parking should be identified on the plat.
K. 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)or provide evidence that the improvements have been completed.
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.
L. The applicant shall meet with the Weld County Sheriffs Office to discuss
security and traffic concerns.
M. The applicant shall submit evidence of an approved Dust Abatement Plan to
the Environmental Health Services Division of the Weld County Department
of Public Health and Environment,for review and approval. Evidence of the
Department of Public Health approval shall be provided to the Department of
Planning Services.
N. The existing septic system serving the home shall be reviewed by a
Colorado registered professional engineer. 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. Evidence of the Department of
Public Health approval shall be provided to the Department of Planning
Services.
O. In accordance with the Underground and Above Ground Storage Tank
Regulations(7 CCR 1101-14)a spillage retention berm shall be constructed
around the fuel tank. The volume retained by the spillage berm should be
greater than the volume of the largest tank inside the berm. Alternative
protective measures may be allowed provided they comply with the Above
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Ground Storage Tank Regulations. Evidence of the Department of Public
Health approval shall be provided to the Department of Planning Services.
P. 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 the Department of Public Health
approval shall be provided 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).
Q. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
3. Prior to certificate of occupancy:
A. An individual sewage disposal system is required for the proposed steel
building(office space and classroom)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
professional engineer according to the Weld County I.S.D.S. Regulations.
4. Upon completion of Condition of Approval #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.
5.. 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
macisco.weld.co.us.
co.weld.co.us.
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The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 21st day of April, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
���� WELD COUNTY, COLORADO
a� e#11 u , (NAY)�� Robert D. Masden, Chair
lerk to the Board
1861 ( �•;�': _ t♦� TIG AYE
William H. ke, Pro-Tern
y~:A�lerk to the Board - � NAY
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APP AS F M: 1 (C)♦ AYE
Davie . Long
for ey a/ : �� ,�, AYE
Glenn Vaad —�
Date of signature: -r-iy-z9,4/
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
HCP VENTURES, LLLP/FLOYD WINSLOW
USR#1438
1. Site Specific Development Plan and Use by Special Review Permit#1438 is fora Business
permitted as a Use by Right or Accessory Use in the Industrial Zone District(truck driving
school)in the A(Agricultural)Zone District,as indicated in the application materials on file
and subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code.
3. Hours of operation shall be from 7:00 a.m.to 5:30 p.m., Monday through Saturday, closed
on Sunday and holidays, specifically, Veterans Day, Labor Day, Independence Day,
Thanksgiving, Christmas, and New Year's Day.
4. Any lighting shall be designed, located, and operated in such a manner as to meet the
following standard: sources of light shall be shielded so that beams or rays of light will not
shine directly onto adjacent properties.
5. Prior to the Certificate of Occupancy for the proposed home, the existing home shall be
removed from the property.
6. The Department of the Army,Corps of Engineers,should be notified for the proper permits
or changes in permit requirements pursuant to Section 404 of the Clean Water Act, if any
work that requires the placement of dredged or fill material,and any excavation associated
with a dredged or fill project,either temporary or permanent, in waters of the United States
takes place at this site.
7. The training trucks are limited to four in/out trips per day. The site is served by Weld County
Roads 18 and 53. One hundred percent(100%)of the truck traffic shall use the following
haul route: Trucks leaving this facility shall turn left on Weld County Road 18, travel
approximately one-quarter of a mile,turn left on Weld County Road 53,proceed south under
1-76 to State Highway6(Frontage Road)to the Kersey Road(Weld County Road 49)to the
1-76 access, and return to the training facility using the same route. Students and
employees should also use this route to minimize additional traffic in the area.
8. No staging, parking or stopping on Weld County roads will be permitted.
9. The historical flow patterns and run-off amounts will be maintained on the 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.
10. 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 forfinal disposal in a manner that
protects against surface and groundwater contamination.
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11. 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.
12. 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.
13. The applicant shall operate in accordance with the approved Waste Handling Plan.
14. The applicant shall comply with all provisions of the Underground and Above Ground Storage
Tank Regulations (7 CCR 1101-14).
15. 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.
16. 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.
17. Adequate hand washing and toilet facilities shall be provided for employees and students of
the facility.
18. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
19. A permanent,adequate water supply shall be provided for drinking and sanitary purposes.
20. Potential purchasers should be aware that groundwater may not meet all drinking water
standards as defined by the Colorado Department of Public Health and Environment. The
Weld County Department of Public Health and Environment strongly encourages well users
to test their drinking water prior to consumption and periodically thereafter.
21. Effective January 1, 2003, Building Permits issued on the proposed lot will be required to
adhere to the fee structure of the County-Wide Road Impact Program.
22. The landscaping on the site shall be maintained in accordance with the approved Landscape
Plan.
23. 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.
24. An individual sewage disposal system is required for the proposed steel building (office
space and classroom) and shall be installed according to the Weld County I.S.D.S.
Regulations.
25. The septic system is required to be designed bya Colorado registered professional engineer
according to the Weld County I.S.D.S. Regulations.
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26. Separate Building Permits shall be obtained for all buildings and structures such as signs.
27. Buildings shall conform to the requirements of the codes adopted by Weld County at the
time of permit application. Currently, the following codes have been adopted: 2003
International Building,Residential,Mechanical,Plumbing and Fuel Gas Codes,2002 National
Electrical Code, and Chapter 29 of the Weld County Code.
28. Each building will require an engineered foundation based on a site-specific geotechnical
report or an open hole inspection performed bya Colorado registered engineer. Engineered
foundations shall be designed by a Colorado registered engineer.
29. Building height shall be measured in accordance with the 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.
30. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
31. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
32. 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 propertycomplywith
the Development Standards stated herein and all applicable Weld County regulations.
33. The Use by Special Review area shall be limited to the plans shown hereon and governed
by the foregoing standards and all applicable Weld County regulations. Substantial changes
from the plans or Development Standards as shown or stated shall require the approval of
an amendment of the Permit by the Weld County Board of County Commissioners before
such changes from the plans or Development Standards are permitted. Any other changes
shall be filed in the office of the Department of Planning Services.
34. 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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