HomeMy WebLinkAbout20011518.tiff RESOLUTION
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT
#1328 FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (CONSTRUCTION MAINTENANCE SHOP, EQUIPMENT STORAGE,
WAREHOUSE, AND OUTDOOR STORAGE) IN THE A(AGRICULTURAL) ZONE
DISTRICT - HCCP, 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 27th day
of June, 2001, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of HCCP, LLC, 4132 Vista Lake Drive, Fort Collins, Colorado 80524, for
a Site Specific Development Plan and Use by Special Review Permit#1328 for a Use permitted
as a Use by Right, an Accessory Use, or a Use by special Review in the Commercial or
Industrial Zone Districts (construction maintenance shop, equipment storage, warehouse, and
outdoor storage) in the A (Agricultural) Zone District on the following described real estate, to-
wit:
Lots A and B of Recorded Exemption #2569; being
part of the SW 1/4 of Section 9, Township 7 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was represented by Rodney Rice 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 ordinances in effect. A.Goal
2 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.
The Development Standards, Conditions of Approval, and Operations
1� ; / A& Z (trio) 4 / 2001-1518PL1526
SPECIAL REVIEW PERMIT#1328 - HCCP, LLC
PAGE 2
Standards will effectively mitigate any adverse impacts to surrounding
areas. The property will be served by the North Weld County Water
District and an Individual Sewage Disposal System. A.Goal 1 also
encourages the preservation of prime farmland for agricultural purposes.
The property is designated as "prime" on the U.S.D.A. Soils Map. No
prime farm ground will be taken out of production, due to the current
small size of the parcel.
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 a use 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. Certain
Commercial Zone Districts allow for limited storage, as long as the
storage is screened or enclosed within a building. The Industrial Zone, in
particular the 1-3 Zone District, allows for outside storage. Screening is
addressed for both Commercial and Industrial Zone Districts through the
Performance Standards during a Site Plan Review. The Department of
Planning Services is responsible for determining the amount of screening
or landscaping based on compatibility issues.
c. Section 23-2-230.6.3—The uses which will be permitted will be
compatible with the existing surrounding land uses. The surrounding
land uses are primarily agricultural. There is a feedlot to the west and
State Highway 14 is to the south.
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 municipal boundaries of the Towns of Pierce
and Ault are within three miles of the proposal. Both towns found no
conflicts with their interests.
e. Section 23-2-230.6.5 —The application complies with Chapter 23, Article
V, of the Weld County Code.
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. As stated previously, the property is designated as
"prime" on the U.S.D.A. Soils Map and is only six acres in size, which
does not constitute a parcel as prime farmground.
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.
2001-1518
PL1526
SPECIAL REVIEW PERMIT#1328 - HCCP, LLC
PAGE 3
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of HCCP, LLC, for a Site Specific Development
Plan and Use by Special Review Permit#1328 for a Use permitted as a Use by Right, an
Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts
(construction maintenance shop, equipment storage, warehouse, and outdoor storage) in the
A (Agricultural) Zone District on the hereinabove described parcel of land be, and hereby is,
granted subject to the following conditions:
1. The attached Development Standards for the Use by Special Review Permit
shall be adopted and placed on the Use by Special Review Plat prior to
recording. The completed plat shall be delivered to the Weld County
Department of Planning Services and be ready for recording in the Weld County
Clerk and Recorder's Office within 30 days of approval by the Board of County
Commissioners.
2. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) The approved Landscape/Screening Plan.
2) A total of one hundred (100) feet from the center line of State
Highway 14 for right-of-way reservation for full-build out of State
Highway 14.
3) The off-street parking area, including the access drive, which shall
be surfaced with gravel, asphalt, concrete or an equivalent
material. A typical cross section shall be shown on the plat.
4) The approved drainage and any retention area(s).
B. The applicant shall apply for an Underground Injection Control (UIC)
Class V Injection Well permit through the Environmental Protection
Agency (EPA), for the floor drain system that serves the maintenance
shop, or provide evidence that the applicant is not subject to the EPA
Class V requirements. Written evidence of such shall be submitted to the
Department of Planning Services.
C. The existing metal building septic system 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. Written evidence of
such shall be submitted to the Department of Planning Services.
2001-1518
PL1526
SPECIAL REVIEW PERMIT#1328 - HCCP, LLC
PAGE 4
D. 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. Written 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 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 telephone number).
E. The applicant shall submit a detailed Landscape/Screening Plan to the
Department of Planning Services for review and approval. The plan shall
address the maintenance of the landscaping and screening, as well as
the replacement of dead, dying, or decaying plant materials.
F. The Colorado Department of Transportation (CDOT) has jurisdiction over
all accesses onto State Highway 14. The applicant shall contact CDOT
to verify the access permit, obtain any additional requirements, or
upgrade an access permit for the Use by Special Review Permit activity.
Written evidence of adequate access shall be submitted to the
Department of Planning Services.
G. A Storm Water Drainage Report shall be submitted to the Departments of
Planning Services and Public Works for review and approval. The report
shall be prepared, certified, and signed by a Registered Professional
Engineer, licensed in the State of Colorado. Written evidence of approval
shall be submitted to the Department of Planning Services.
H. The applicant shall clear with the Weld County Traffic Engineer, that
there is adequate sight distance at a stop condition on Weld County
Road 29, and that the line of sight to the east has not been obstructed by
the storage rental units. The Weld County Department of Public Works
utilizes the AASHTO (Green Block) to verify the corner intersection sight
distance, along with the speed limit, to determine that there is adequate
sight distance at this location. Written evidence of approval shall be
submitted to the Department of Planning Services.
The applicant shall enter into an Improvements Agreement according to
Weld County policy regarding collateral for improvements and post
adequate collateral for parking and landscaping/screening requirements.
The agreement and form of collateral shall be reviewed by County staff
and accepted by the Weld County Board of County Commissioners.
2001-1518
PL1526
SPECIAL REVIEW PERMIT#1328 - HCCP, LLC
PAGE 5
4. Prior to operation:
A. The applicant shall apply for, and have approved, the appropriate building
permits for all new construction and shall obtain a building permit for a
change in occupancy for the existing structure.
B. An Individual Sewage Disposal System (I.S.D.S.) is required for the
proposed office building and shall be designed by a Colorado Registered
Professional Engineer and installed according the Weld County I.S.D.S.
Regulations. If the septic system is located in the flood plain, the
installation of the septic system shall comply with the Weld County
I.S.D.S. Flood Plain Policy.
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 27th day of June, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: I7�I �I �, I / o' EXCUSED DATE OF SIGNING (AYE)
/ 7 / f ;,-
/ $) M. J.M. Geile, Ch)ase5'j
ir
�
Weld County Clerk t�� :: ..,.;,.��� .t
Glenn Vaad, Pro-flm
BY:
Deputy Clerk to the 't
William H. Jerke
A D AS RM: EXCUSED
my r� David E. Long ''
ey EXCUSED DAT O IIIL (AYE)
Robert D. Masden
2001-1518
PL1526
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
HCCP, LLC
USR#1328
1. The Site Specific Development Plan and Use by Special Review Permit#1328 is for a Use
permitted as a Use by Right, an Accessory Use or a Use by Special Review in the
Commercial or Industrial Zone Districts (construction maintenance shop, equipment
storage,warehouse and outdoor storage)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 hours of operation are from 6:00 a.m. to 7:00 p.m., seven days a week, as indicated
in the application materials.
4. All proposed or existing structures will meet the minimum setback and offset requirements
for the A (Agricultural) Zone District.
5. Any lighting used to illuminate the storage area, outside activity area, sign, or other
structure shall be arranged to deflect light away from any adjoining residential uses and
from public road rights-of-way. Any lighting shall be designed, located, and operated in
such a manner 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; and neither the direct
or reflected light from any light source may create a traffic hazard to operators of motor
vehicles on public or private streets.
6. The enclosed storage buildings shall meet all building and fire codes.
7. The storage buildings shall be painted with an earth-tone color, approved by the Weld
County Department of Planning Services, to blend into the landscaping of the area. The
structures must be kept in good repair at all times.
8. All items within the storage unit area must be stored within the structures at all times. All
other outside storage shall be screened from adjacent properties and public road rights-of-
way at all times.
9. A trash receptacle must be provided for the public and must be screened from all adjacent
properties and public rights-of-way.
10. Any proposed signage shall require appropriate building permits and be constructed in
accordance with Section 23-4-90 of the Weld County Code.
11. The property shall, at no time, store any derelict vehicles or have on the premise a non-
commercial junkyard, as defined in Section 23-1-90 of the Weld County Code.
2001-1518
PL1526
DEVELOPMENT STANDARDS - HCCP, LLC (USR#1328)
PAGE 2
12. All liquid and solid wastes(as defined in the Solid Wastes Disposal Sites and Facilities Act,
Section 30-20-101, C.R.S.)shall be stored and removed for final disposal in a manner that
protects surface and groundwater contamination.
13. 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.
14. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
15. Fugitive dust shall be controlled on this site.
16. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone as delineated in Section 25-12-103 C.R.S.
17. Adequate hand washing and toilet facilities shall be provided for employees and the public.
The public shall be allowed to utilize the toilet facilities located in the residence.
18. All pesticides, fertilizers, and other potentially hazardous chemicals must be stored and
handled in a safe manner. Reference Section 25-8-205.5 of the Colorado Water Quality
Control Act and Rules and Regulations.
19. If applicable, the operator shall obtain a Storm Water Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
20. The facility shall utilize the existing public water supply(North Weld County Water District).
21. The landscaping and screening on site shall be maintained in accordance with the
approved Landscape Plan.
22. The access drive shall be surfaced with gravel, asphalt, concrete or an equivalent material.
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 and
Planning Services 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.
2001-1518
PL1526
DEVELOPMENT STANDARDS - HCCP, LLC (USR #1328)
PAGE 3
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
approval of an amendment of the Permit by the Weld County Board of 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.
2001-1518
PL1526
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