HomeMy WebLinkAbout20031271.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1402 FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE,
OR A USE BY SPECIAL REVIEW IN THE INDUSTRIAL ZONE DISTRICT
(MAINTENANCE SHOP,OUTDOOR STORAGE OF EQUIPMENT AND MATERIALS,AND
OFFICE) IN THE A (AGRICULTURAL) ZONE DISTRICT -ARNHEIM, 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 4th day of
June, 2003, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Arnheim, LLC, 11605 Wadsworth Boulevard,Broomfield,Colorado 80020, c/o Banks
and Gesso, LLC, 720 Kipling Street, Suite 117, Lakewood, Colorado 80215, for a Site Specific
Development Plan and Use by Special Review Permit #1402 for a Use Permitted as a Use by
Right, an Accessory Use, or a Use by Special Review in the Industrial Zone District (maintenance
shop, outdoor storage of equipment and materials, and office) in the A (Agricultural) Zone District
on the following described real estate, to-wit:
Lot B of Recorded Exemption #2050; being part of
the S1/2 S1/2 NE1/4 of Section 30, Township 1
North, Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was represented by John Turner, 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 proposed use is consistent with Chapter 22 and
any other applicable code provisions or ordinance in effect.
Section 22-2-60.B.1 allows for commercial and industrial uses to locate in
the A(Agricultural) Zone District when the impact to surrounding properties
is minimal, and where adequate services and infrastructure are available.
A mini storage facility under separate ownership is located adjacent to the
site and accesses through the site. A Winnebago business is located
approximately one-half mile from the site. The Colorado Geological Survey,
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in a referral response dated October 25, 2000, and per a phone
conversation on September 30, 2002, indicated that the property was
located on old river terrace deposits above the floodplain that consist
primarily of sand with very minor gravel content. The proposed shop and
storage area will encompass less than two (2) acres of the existing twenty
(20)acre parcel. The agent for the applicant has indicated that the applicant
owns sand and gravel interests on the property and intends to mine this
property in the future. The Development Standards, Conditions of
Approval, and Operations Standards will effectively mitigate any adverse
impacts to surrounding areas.
b. Section 23-2-230.6.2--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 uses permitted as a Use by Right, an Accessory Use or a Use
by Special Review in the Commercial or Industrial Zone Districts as a Use
by Special Review 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 proposal is located adjacent
to single family residences to the north and south (the property to the south
is planted in crop). Industrial/Commercial uses are located to the west. An
existing tavern establishment is located to the southeast of the site. The
Conditions of Approval and Development Standards ensure that the
proposal will be compatible with surrounding land uses.
d. Section 23-2-230.B.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 Use by Special Review is located within the three-mile referral
areas for the Cities of Brighton and Fort Lupton. The City of Fort Lupton, in
its referral received September 17, 2002, indicated that Weld County
Road 27 is designated as a major arterial in the Fort Lupton Transportation
Plan requiring 120 feet of right-of-way . A Condition of Approval for this
case will require the applicant to reserve 60 feet from the centerline of Weld
County Road 27 for future expansion. The City of Brighton, in its referral
received October 7, 2002, recommended that any outdoor storage should
be adequately screened and/or landscaped along Weld County Road 27.
e. Section 23-2-230.B.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. The property is designated as "Prime" on the U.S.D.A. Soil
Conservation Service Map. A portion of the property is classified as
urban/urban built up land. The property located immediately to the west is
being used for mini-storage. The parcel has an area of 19.75 acres.
Section 22-2-60.1 of the Weld County Code states, "The minimum lot size
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of parcels in the A(Agricultural) Zone District should remain at 80 acres to
encourage parcels large enough to retain viable farming operations or to
accommodate modern agricultural equipment and irrigation practices. Lots
of lesser size are not generally practical to farm due to large scale
management practices existing today."
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 Arnheim, LLC, for a Site Specific Development Plan and
Use by Special Review Permit#1402 for a Use Permitted as a Use by Right, an Accessory Use,
or a Use by Special Review in the Industrial Zone District (maintenance shop, outdoor storage of
equipment and materials, and 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. The plat shall be labeled USR-1402.
B. The plat shall be amended to delineate the following:
1) The plat shall adhere to the requirements of 23-2-260.D of the Weld
County Code.
2) The attached Development Standards.
3) Weld County Road 27 is designated as a major arterial in the Fort
Lupton Transportation Plan which requires 120-feet of right-of-way.
A total of 60 feet from the centerline of Weld County Road 27 shall
be delineated on the plat as right-of-way reservation for future
expansion of Weld County Road 27.
4) The applicant shall identify a parking configuration to accommodate
outdoor vehicle parking, including the circulation lanes and parking
locations. The off-street parking and the access drive requirements
shall comply with Chapter 23, Article IV, Division 1, of the Weld
County Code. A minimum parking area to accommodate at least 15
parking spaces shall be indicated on the plat.
5) If applicable, outdoor lighting for the facility shall be indicated on the
plat. Proposed lighting shall meet the requirements of
Section 23-2-360.F of the Weld County Code.
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6) The following notes shall be removed from the plat:
a. "CONCEPTUAL DESIGN FOR END-USE OF PROPERTY."
b. "ALL DEVELOPMENT DEPICTED ON THIS PLAN IS
CONCEPTUAL IN NATURE ONLY AND SHOULD BE
CONSTRUED AS FINAL IN DESIGN. UPON APPROVAL
OF THE USE BY SPECIAL REVIEW, THE APPLICANT
WILL SUBMIT A FINAL, DETAILED SITE PLAN TO THE
COUNTY FOR REVIEW AND APPROVAL TO ANY ON-
SITE DEVELOPMENT."
C. If applicable, the applicant shall apply for an Underground Injection Control
(UIC) Class V Injection Well Permit for the proposed maintenance shop
through the Environmental Protection Agency (EPA) or provide evidence
that the applicant is not subject to the EPA Class V requirements. Evidence
of Department of Public Health and Environment approval shall be
submitted to the Department of Planning Services.
D. In accordance with the Above Ground Storage Tank Regulations (7 CCR
1101-14) a spillage retention berm shall be constructed around the tank
battery. 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 Ground
Storage Tank Regulations. Evidence of Department of Public Health and
Environment approval shall be submitted to the Department of Planning
Services.
E. 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. 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). Evidence
of Department of Public Health and Environment approval shall be
submitted to the Department of Planning Services.
F. The applicant shall supply a Stormwater Drainage Report, in accordance
with Section 24-7-120 of the Weld County Code, for review and approval by
the Weld County Department of Public Works. Written evidence of approval
by the Department of Public Works shall be submitted to the Department of
Planning Services.
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G. The West Adams Soil Conservation District has provided information
regarding the soils on the site. The applicant shall submit written
documentation that they have reviewed the information and will use it to
positively manage on site soils.
H. The applicant shall provide evidence that the existing semi-trailer on the
property(Lot B) has current license plates and registration. The semi-trailer
shall meet the requirements of the Weld County Code.
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
Improvements Agreement shall address landscaping, fencing, and parking
lot and access improvements. 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.
J. 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. Prior to Release of Building Permits:
A. The applicant shall address the requirements of the Weld County
Department of Building Inspection as stated in the referral received
September 13, 2002. Evidence of such shall be submitted in writing to the
Weld County Department of Planning Services.
B. A complete set of building plans shall be submitted to the Greater Brighton
Fire Protection District prior to building construction. The applicant shall
attempt to comply with the requirements of the Greater Brighton Fire
Protection District in accordance with the referral received, September 10,
2002. Written evidence of such shall be provided to the Department of
Planning Services.
4. Prior to operation:
A. At the entrance, the approach road crosses over the McCanne Ditch. The
applicant shall cut the weeds on both sides of the ditch crossing to provide
a safe sight distance triangle for vehicles entering Weld County Road 27.
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B. An individual sewage disposal system is required for the proposed shop 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 Department of Public
Health and Environment approval shall be submitted to the Department of
Planning Services.
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 mapseco.weld.co.us.
6. 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 4th day of June, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
WELI¢'S,OUNTY, COLORADO
ATTEST: ge#,l �'/fji' St N.n^
vid E. Long, Chair
Weld County Clerk to the .: . ire cv �/
c� ��ly, i� o erttDD. Sden, Pro-Tem
BY: c .9 -. \�
Deputy Clerk to the Boar. k
M. J GeileJ / � Q
i#L
Willi
Glenn Vaad
Date of signature: "8
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ARNHEIM, LLC
USR#1402
1. The Site Specific Development Plan and Use by Special Review Permit#1402 is for a use
permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the
Industrial Zone District (maintenance shop, outdoor storage of equipment and materials,
and office) 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. The applicant shall cut the weeds on both sides of the ditch crossing to provide a safe sight
distance triangle for vehicles entering Weld County Road 27.
4. Off-street parking and loading for this facility shall comply with Chapter 23, Article IV,
Division 1, of the Weld County Code.
5. All outdoor storage shall be confined within the eight (8) foot privacy fence.
6. Hours of operation shall be from 7:00 a.m. to 7:00 p.m., Monday through Saturday, as
stated in the application, except in the case of public or private emergency, or to make
necessary repairs to equipment. This shall not apply to operation of administrative and
executive offices or repair facilities on the property.
7. All liquid and solid wastes, as defined in the Solid Wastes Disposal Sites and Facilities Act,
Section 30-20-100.5, shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
8. No permanent disposal of wastes shall be permitted at this site.
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. 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.
12. Adequate hand washing and toilet facilities shall be provided for the employees and patrons
of the facility.
13. Any septic system located on the property must comply with all provisions of the Weld
County Code pertaining to individual sewage disposal systems.
14. The septic system serving the residence on-site shall be properly abandoned or removed.
Abandonment includes pumping out of septic waste and filling with soil.
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15. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
16. The landscaping on site shall be maintained in accordance with the approved Landscape
Plan.
17. Any vehicle washing area(s) shall capture all effluent and prevent discharges from drum
washing and the washing of vehicles in accordance with the Weld County Code, the rules
and regulations of the Water Quality Control Commission,and the Environmental Protection
Agency.
18. A Building Permit shall be obtained prior to the construction of any building.
19. A Plan Review is required for each building for which the Building Permit is required. Plans
shall bear the wet stamp of a Colorado registered architect or engineer. Two complete set
of plans are required when applying for each permit.
20. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application. Currently the following has been adopted by Weld County: 1997
Uniform Building Code (UBC), 1998 International Mechanical Code (IMC), 1997
International Plumbing Code (IPC), 1999 National Electrical Code (NEC), and Chapter 29
of the Weld County Code.
21. Building height shall be measured in accordance with the 1997 UBC, or the applicable code
adopted at time of Building Permit application,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 27 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.
22. Outdoor lighting shall adhere to the lighting standards outlined in Section 23-3-360.F of the
Weld County Code.
23. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
24. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
25. Personnel from the Weld County Departments of Public Health and Environment, Planning
Services, and Public Works 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.
26. 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
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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.
27. 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.
28. The applicant shall operate in accordance with the approved Waste Handling Plan.
29. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
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