HomeMy WebLinkAbout20040138.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1445 FOR THE STORAGE OF CONSTRUCTION/FABRICATION
MATERIALS IN THE A (AGRICULTURAL) ZONE DISTRICT - HIGH BALL
ERECTORS, LLC/CLIFF TROSTEL
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
January, 2004, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of High Ball Erectors,LLC/Cliff Trostel,P.O. Box 114,Dacono,Colorado 80514,for
a Site Specific Development Plan and Use by Special Review Permit #1445 for the Storage of
Construction/Fabrication Materials in the A(Agricultural)Zone District on the following described real
estate, to-wit:
Part of the SW 1/4 of Section 24, Township 1 North,
Range 68 West of the 6th P.M., Weld County,
Colorado
WHEREAS,said applicant was represented by Robert Rickard, Flatirons Surveying, Inc.,
655 Fourth Avenue, Longmont, Colorado 80501, 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 23-2-230.6 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 22-2-150.6.5 (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 23-2-230.B.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 fora business permitted as a Use by Right or Accessory Use in the
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Industrial Zone District (storage of construction/fabrication materials)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. The surrounding area is primarily
agriculture. A turkey farm, permitted under Use by Special Review#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 23-2-230.6.4--The uses which will be permitted will be compatible
with future development of the surrounding area as permitted by the existing
zoning and with 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 the three-mile referral areas for the City of Dacono,
Town of Erie, Broomfield County and Adams County. The City of Dacono,
in its referral dated September 29, 2003, supports the application with
comments 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 23-2-230.6.5 -- 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-Wide Road Impact
Program.
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. 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.
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 High Ball Erectors, LLC/Cliff Trostel for a Site Specific
Development Plan and Use by Special Review Permit #1445 for the Storage of
Construction/Fabrication Materials in the A (Agricultural) Zone District on the parcel of land
described above be, and hereby is, granted subject to the following conditions:
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1. Prior to recording the plat:
A. The applicant shall submit a Landscape/Screening Plan for review and
approval. All on-site landscape treatments shall comply with
Sections 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.
B. The applicant shall demonstrate how the proposed plant material will be
watered, thus ensuring adequate growth and an established feeder root
system. The applicant shall submit an Irrigation Plan for review and approval
by the Department of Planning Services.
C. The applicant shall attempt to address the requirements and concerns of the
City of Dacono,as stated in the referral response dated September 29,2003.
Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services.
D. The applicant shall attempt to address the requirements and 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.
E. The applicant shall contact Broomfield County to verify the status of Weld
County Road 11,and shall delineate the required amount of right-of-way on
the plat.
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.
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.
H. Restrooms and an individual sewage disposal system shall be constructed
to serve employees and patrons of the facility. The individual sewage
disposal system shall be designed by a Colorado registered professional
engineer and installed according to the Weld County Code.
The applicant shall submit a Waste Handling Plan 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:
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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).
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 Use by Special Review Permit plat,or the applicant may submit evidence
that all the work has been completed and reviewed by the Departments of
Planning Services and Public Works.
K. The plat shall be amended to delineate the following:
1) The plat shall be labeled USR-1445.
2) The approved Landscape/Screening Plan.
3) The attached Development Standards.
4) Weld County Road 6 is designated on the Road Capital Improvement
Plan in the County-Wide Road 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 Weld County Road 6 shall be delineated right-of-way on
the plat.
5) The access shall be wide enough to accommodate two-way traffic
with an adequate turning radiuses onto Weld County Road 6.
6) Per Section 23-3-250.A.2 of the Weld County Code, the applicant
shall delineate 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 applicant's warehouse is
one (1) space for each 1,000 square feet of space, for a total of
twenty-one spaces. Additionally, one off-street loading area is
required fora 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
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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 (ADA) 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.
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 trash from being scattered by wind or animals.
8) Section 23-3-250.6 addresses operation standards for Commercial
uses. The applicant shall address the issue of on-site lighting,
including security lighting,if applicable. Section 23-3-250.6.6 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 so that beams or rays of light 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.
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 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
maps@co.weld.co.us.
4. Prior to operation:
A. A Building Permit shall be required for the addition/remodel of a restroom in
the existing building.
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5. The Use by Special Review activity shall not occur, nor shall any Building or
Electrical Permits be issued,on the property until the 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 21st day of January, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
_�®/ �� � WiD CRUSTY, C LORADO
ATTEST: "''.4 4Deei"G..`��l�Il,,,jj� �Cl J��1. llkk\\xx
Robert D. Masden, Chair
Weld County Clerk to the Board :'•\4v `1,-)
)
LX 7Y+Y William H. Jerke, Pro-Tem
BY:
Deputy Clerk to the Board_ % -,z1 EXCUSED
M. eile
APP AS T
David . Long
.,,
writ ttdrney La;
Glenn Vaad
Date of signature: 7
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
HIGH BALL ERECTORS, LLC/CLIFF TROSTEL
USR#1445
1. The Site Specific Development Plan and Use by Special Review Permit #1445 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.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code.
3. Storage items are limited to concrete products,empty commercial trash bins, commercial
vehicles, construction materials and two (2) personal recreational vehicles.
4. Areas used for storage shall be screened from adjacent public rights-of-way and adjacent
properties and/or located within the existing structures.
5. All structures, including signs, on the site must obtain the appropriate Building Permits.
6. Separate Building Permits shall be required from the tenants for all separately leased
spaces in the existing building. Permit applications shall include all uses to which the
building's area will be used. A plot plan shall be submitted showing all structures with
accurate distances between structures, and from structures to all property lines.
7. 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.
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, Section 30-20-100.5, C.R.S.
9. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
10. Fugitive dust shall be controlled on this site.
11. This facility shall adhere to the maximum permissible noise levels allowed in the Light
Industrial Zone as delineated in Section 25-12-103, C.R.S.
12. The facility shall utilize the existing public water supply(Central Weld County Water District).
13. The facility shall operate in accordance with the approved Waste Handling Plan.
14. Adequate toilet facilities shall be provided for the employees and the public.
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15. An individual sewage disposal system is required for the proposed facility and shall be
installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.)
Regulations.
16. The septic system is required to be designed bya Colorado registered professional engineer
according to the Weld County I.S.D.S. Regulations.
17. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and
handled in a safe manner, pursuant to Section 25-8-205.5 of the Colorado Water Quality
Control Act and Rules and Regulations.
18. In the event that five (5) or more acres are disturbed during the construction and
development of this site,the applicant shall obtain a Stormwater Discharge Permit from the
Water Quality Control Division of the Colorado Department of Public Health and
Environment.
19. The historical flow patterns and run-off amounts will be maintained on site in such a manner
that 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.
20. 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.
21. On-site lighting, including security lighting if applicable, shall maintain compliance with
Section 23-3-250.B.6 of the Weld County Code.
22. Hours of operation are 7:00 a.m. to 5:00 p.m., Monday through Friday.
23. The site is limited to no more than nine (9) employees.
24. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
25. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
26. 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.
27. 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 complywith
the Development Standards stated herein and all applicable Weld County regulations.
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28. 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.
29. 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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