HomeMy WebLinkAbout20031273.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Arnheim, LLC Case Number USR-1402
Submitted or Prepared
Prior to At
Hearing Hearing
1 Staff Comments X
Department of Planning Services Field Check Form
Planning Commissioner Mokray Field Check Form
Letter to Applicant
Affadavit of sign posting X
Legal Notifications
2 Application X
Maps
Deed/Easement Certificate
Surrounding Property/Mineral Owners
Utilities
3 Referral List X
Referrals without comment
Colorado Department of Transportation referral received 9/20/2002
Colorado Division of Wildlife referral received 9/8/2002
4 Referrals with comments X
Greater Brighton Fire Protection District referral received 9/10/2002
Weld County Department of Building Inspection referral received 9/13/2002 (3
pages)
City of Fort Lupton referral received 9/17/2002
Weld County Department of Public Works referral received 9/19/2002(2 pages)
West Adams Soil Conservation District referral received 9/16/2002(2 pages)
Weld County Department of Public Health and Environment referral received
9/30/2002 (3 pages)
Colorado Geological Survey e-mail referral received 10/7/2002
Weld County Sheriff's Office referral received 9/4/2002
Weld County Zoning Compliance Officer referral received 8/29/2002
City of Brighton referral received 10/7/2002
Colorado Geological Survey referral received 10/25/2000
5 Surrounding Property Owners/Mineral Owners - Letters X
5A Letter dated 10/4/2002 from Patina Oil &Gas Corporation
# EXHIBIT
2003-1273 . „
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5B Waiver of 30-day notification Letter signed and dated 10/15/02 X
5C Waiver of 30-day notification letter from Monier&Company signed and dated X
10/12/02
6 PC Exhibits
7 Planning Commission Resolution
I hereby certify that the 23 items identified herein were submitted to the Department of Planning Services at or prior to the
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scheduled` Board of County Commissioners hearing.
Chris Gathman ♦- Planner
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W�`IDC LAND USE
APPLICATION
SUMMARY SHEET
COLORADO
Case#: USR-1402 Hearing Date: October 15, 2002
Applicant: Arnheim, LLC Planner: C. Gathman
Request: A Site Specific Development Plan and a Special Review Permit for a Use by Right,
an Accessory Use, or a Use by Special Review in the Industrial Zone District
(Maintenance Shop, Outdoor storage of equipment & materials, and office) in the
A (Agricultural) Zone District
Legal Lot B of RE-2050, a part of the S2 S2 NE4 Section 30, Township 1 North, Range
Description: 66 West of the 6`h PM, Weld County, Colorado
Location: West of and adjacent to Weld County Road 27 and 1/2 mile north of Weld County
Road 4
Parcel #: 1471 30 100023 Parcel Size: 20 +/- acres
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld
County Code.
The Department of Planning Services' staff has received responses from the following agencies:
Weld County Zoning Compliance, referral received 8/29/2002
• Weld County Department of Public Health and Environment, referral received 9/30/2002
• Weld County Department of Public Works, referral received 9/19/2002
• Weld County Department of Building Inspection, referral received 9/13/2002
• Weld County Sheriffs Office, referral received 9/4/2002
• Greater Brighton Fire Protection District, referral received 9/10/2002
• School District RE-8, referral received
• West Adams Soil Conservation District, referral received 9/16/2002
• City of Fort Lupton, referral received 9/17/2002
• Colorado Department of Transportation, referral received 9/20/2002
USR-1402 Arnheim,LLC 1
,.-. The Department of Planning Services' staff has not received responses from the following
agencies:
• School District RE-8
• City of Brighton
• McCanne Ditch Company
• Adams County
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USR-1402 Arnheim, LLC 2
� I
COLORADO
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Case #: USR-1402 Hearing Date: October 15, 2002
Applicant: Arnheim, LLC Planner: C. Gathman
Request: A Site Specific Development Plan and a Special Review Permit for a Use by Right,
an Accessory Use, or a Use by Special Review in the Industrial Zone District
(Maintenance Shop, Outdoor storage of equipment & materials, and office) in the
A (Agricultural) Zone District
Legal Lot B of RE-2050, a part of the S2 S2 NE4 Section 30, Township 1 North, Range
Description: 66 West of the 6`h PM, Weld County, Colorado
Location: West of and adjacent to Weld County Road 27 and 1/2 mile north of Weld County
Road 4
Parcel #: 1471 30 100023 Parcel Size: 20 +/- acres
THE DEPARTMENT OF PLANING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST
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 Department of Planning Services' staff 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 22-2-60.B.1 allows
for commercial and industrial uses to locate in the 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 '/ mile from the site. The Colorado Geological Survey, in
a referral 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
USR-1402 Arnheim, LLC 3
floodplain that consist primarily of sand with very minor gravel content. The
proposed shop and storage area will encompass less than 2 acres of the existing
20 acre parcel. The Development Standards, Conditions of Approval, and
Operations Standards will effectively mitigate any adverse impacts to surrounding
areas.
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 Uses permitted as a Use by Right, an Accessory Use or a Use by Special
Review in the Commercial of Industrial Zone Districts as a Use by Special Review
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 proposal is located adjacent to single family
residences to the north and to the 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 23-2-220.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 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 City of Brighton and City of Fort
Lupton. The City of Fort Lupton, in their referral received September 17, 2002,
indicated that Weld County Road 27 is designated as a major arterial (requiring
120-feet of right-of-way) in the Fort Lupton Transportation Plan. 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 of Weld County Road 27. (Insert City
of Brighton comments - if referral is received).
E. Section 23-2-220.A.5 -- The site does not lie within any Overlay Districts.
G. 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 property
is designated as "Prime" on the USDA- 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 of parcels in the 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."
USR-1402 Amheim, LLC 4
H. 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 Department of Planning Services' staff 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 landscape, parking and signage plan to the
Weld County Department of Planning Services. (Department of Planning Services)
B. The applicant shall submit an outside irrigation plan to the Weld County Department
of Planning Services detailing where proposed irrigation water will be obtained and
how proposed outdoor landscaping (trees and shrubs) will be irrigated.
2. Prior to recording the plat:
A. The plat shall be labeled USR-1402. (Department of Planning Services)
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. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
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. (City of Fort Lupton)
4) The applicant shall identify a parking configuration to accommodate outdoor
vehicle parking identifying the circulation lanes and parking locations. The
off-street parking and the access drive requirements are identified in Section
23-4-10, Off-Street Parking requirements. A minimum parking area to
accommodate at least 26 parking spaces shall be indicated on the plat.
(Department of Public Works, Department of Planning Services)
5) Outdoor lighting for the facility (if applicable) shall be indicated on the plat.
Proposed lighting shall meet the requirements of Section 23-2-360.F of the
Weld County Code. (Department of Planning Services)
USR-1402 Arnheim,LLC 5
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
&Environment approval shall be submitted to the Department of Planning Services.
(Department of Public Health & Environment)
D. An individual sewage disposal system is required for the proposed shop and shall
be installed according to the Weld County Individual Sewage Disposal Regulations.
The septic system is required to be designed by a Colorado Registered Professional
Engineer according to the Weld County Individual Sewage Disposal Regulations.
Evidence of Department of Public Health & Environment approval shall be
submitted to the Department of Planning Services. (Department of Public Health &
�-� Environment)
E. 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 & Environment approval shall be submitted to the Department of
Planning Services. (Department of Public Health & Environment)
F. The applicant shall submit a waste handling plan,for approval,to the Environmental
Health Services Division of the Weld County Department of Public Health &
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 &Environment approval shall be submitted to the Department
of Planning Services. (Department of Public Health & Environment)
USR-1402 Arnheim, LLC 6
G. The applicant shall supply a storm water 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. Evidence of Public Works approval shall be submitted
to the Department of Planning Services. (Department of Public Works)
H. 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. (West
Adams Soil Conservation District)
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. Prior to Release of Building Permits:
A. The applicant shall address the requirements of the Weld County Department of
Building Inspection as stated in their referral received September 13, 2002.
Evidence of such shall be submitted in writing to the Weld County Department of
Planning Services. (Department of Building Inspection)
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. (Greater Brighton Fire
Protection District, Department of Planning Services)
5. 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. (Department of Public
Works)
6. 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 maos(o�co.weld.co.us.
— .- (Department of Planning Services)
USR-1402 Arnheim, LLC 7
7. 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)
USR-1402 Arnheim,LLC 8
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Arnheim, LLC
USR-1402
1. The Site Specific Development Plan and Special Use Permit is for a Use by Right, an
Accessory Use, or a Use by Special Review in the Industrial Zone District (Maintenance
Shop, Outdoor storage of equipment & 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. (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. 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. (Department of Public Works)
4. All outdoor storage shall be confined within the wood privacy fence. Outdoor storage shall
not extend above the top of the privacy fence. (Department of Planning Services)
5. All operations shall be conducted during the hours of daylight 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.
(Department of Planning Services) (Check with applicants to get exact hours of operation.)
6. 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)
7. No permanent disposal of wastes shall be permitted at this site. (Department of Public
Health and Environment)
8. 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)
9. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment)
10. The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District as delineated in 25-12-103, C.R.S. (Department of Public Health
and Environment)
11. Adequate handwashing and toilet facilities shall be provided for the employees and patrons
of the facility. (Department of Public Health and Environment)
12. An I.S.D.S is required for the proposed facility and shall be installed according to the Weld
USR-1402 Arnheim, LLC 9
�-. County I.S.D.S. Regulations. (Department of Public Health and Environment)
13. 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)
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. (Department of
Public Health and Environment)
15. If applicable, the applicant shall obtain a Storm Water Discharge Permit from the Colorado
Department of Public Health and Environment,Water Quality Control Division. (Department
of Public Health and Environment)
16. The landscaping on site shall be maintained in accordance with the approved Landscape
Plan. (Department of Planning Services)
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. (Department of Public Health and Environment)
18. A building permit shall be obtained prior to the construction of any building. (Department
of Building Inspection)
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. (Department of Building Inspection)
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; 1998 International Mechanical Code; 1997 International Plumbing
Code; 1999 National Electrical Code and Chapter 29 of the Weld County Code.
(Department of Building Inspection)
21. Building height shall be measured in accordance with the 1997 Uniform Building Code 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. (Department of Building Inspection)
22. Outdoor lighting shall adhere to the lighting standards outlined in Section 23-3-360.F of the
Weld County Code. (Department of Planning Services)
USR-1402 Arnheim,LLC 10
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 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.
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.
USR-1402 Arnheim, LLC 11
IDEPARTMENT OF PLANNING SERVICES
rict
I�`� O PHONE (970) 353-6100,( 6498
FAXX 970) 304-304-6498
1555 N. 17TH AVENUE
COLORADO GREELEY, COLORADO 80631
August 28, 2002
Arnheim, LLC
do Banks &Gesso, LLC
720 Kip!ing Street, Suite 117
Lakewood, CO 80215
Subject: USR-1402- Request for a Site Specific Development Plan and Special Review Permit for 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 a parcel of land
described as Lot B of RE-2050; part of the S2 S2 NE4 of Section 30,Ti N, R66W of the 6th P.M., Weld
County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are being processed. I have scheduled a meeting
with the Weld County Planning Commission for October 15, 2002, at 1:30 p.m. This meeting will take place in Room
210,Weld County Planning Department, 1555 N. 17th Avenue,Greeley,Colorado. It is recommended that you and/or
a representative be in attendance to answer any questions the Planning Commission members may have.
It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado
Revised Statute,C.R.S.24-65.5-103(adopted as part of H.B.01-1088)requires notification of all mineral estate owners
30 days prior to any public hearing. The applicant shall provide the Weld County Planning Department with written
certification indicating the above requirements have been met.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property
or if the property is located within the comprehensive planning area of a town or municipality. Therefore,our office has
forwarded a copy of the submitted materials to the Brighton and Fort Lupton Planning Commission for their review and
comments. Please call Brighton at(303)655-2023 and Fort Lupton at(970)346-0326 for further details regarding the
date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the
Brighton and Fort Lupton Planning Commission meeting to answer any questions the Commission members may have
with respect to your application.
A representative frorrcfhe Department of Planning Services will be out to the property a minimum of ten days prior to the
hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing
time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign
will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway
(access drive)intersects a publicly maintained road right-of-way.
The Department of Planning Services'staff will make a recommendation concerning this application to the Weld County
Planning Commission. This recommendation will be available twenty-four(24)hours before the scheduled hearing. It
is the responsibility of the applicant to call the Department of Planning Services'office before the Planning Commission
hearing to make arrangements to obtain the recommendation.
If you have any questions concerning this matter, please call.
Respecffully,
At...A__
Chris Gathman
Planner
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USR 1402 Planning Commission Hearing Sign - Posted 9/24/02.
e .%.
r FIELD CHECK inspection date: 9/24/02
CASE NUMBER: USR-1402
APPLICANT: Arnheim, LLC
LEGAL DESCRIPTION: Part S2 S2 NE4 30-1-66 (Lot B - RE 2050)
LOCATION: West of and adjacent to WCR 27, 1/2 mile south of WCR 6
Zoning Land Use
N A(Agricultural) N agland
E A (Agricultural) E cropland/railroad tracks/bar
S A (Agricultural) S single family residence/cropland
W A (Agricultural) W warehouse storage/winnebago dealership
COMMENTS:
* Site is flat and mainly unimproved dirt.
* Two metal poles on either side of entrance. Width of entrance approx. 20-22 feet.
* Ditch runs in front of property.
* residence and old outbuilding on property (to be removed).
Chris Gathman, Current Planner
Hello