HomeMy WebLinkAbout962071.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jack Epple that the following resolution,with deletion of Conditions of Approval#2-I, be introduced
for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning
Commission that the application for:
CASE NUMBER: USR-1130
c
APPLICANT: B.F.Y.,LLC (doing business as Kangaroo Express)
CURRENT PLANNER: Kern D. Keithley
II
ADDRESS: 5770 Weld County Road 15, Dacono, CO 80514
REQUEST: A Site Specific Development Plan and a Special Review Permit to operate a small delivery ,
company with warehousing for customers and recreational vehicle storage in the A(Agricultural)
zone district.
LEGAL DESCRIPTION: Lot A of Recorded Exemption-1727 located in part of the SW4 NW4 of Section 5,
T1 N, R67W of the 6th P.M., Weld County, Colorado.
LOCATION: East of and adjacent to Weld County Road 15, approximately 1/4 mile south of Colorado State
Highway 52, adjacent to the city limits of Dacono.
SIZE OF PARCEL: 4.18 acres, more or less.
PARCEL NUMBER: 1469 05 000023
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld
County Zoning Ordinance, as amended.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 24.3
of the Weld County Zoning Ordinance, as amended, as follows:
a. Section 24.3.1.1 -- This proposal is consistent with the Weld County Comprehensive Plan, as
amended. In October of 1982, the Board of County Commissioners approved a Special Review
Permit(USR-524)for Martin Exploration, Inc. on this site. The Special Review Permit allowed for an
oil field service business with storage of completion rigs, tubing, rods, valves,fittings, small equipment
and equipment trailers. This request, USR-1130, is from a Colorado Corporation doing business as
Kangaroo Express of Longmont, Inc. The applicants are proposing to vacate the original USR-524
(the oil field service business)and instead, operate a small delivery company with recreational vehicle
storage on the east and south portion of the site.
This proposal is consistent with the Weld County Comprehensive Plan by utilizing an existing USR
site which fosters the economic health and continuance of agricultural as consistent with A.Goal 1 of
the Weld County Comprehensive Plan. By locating on the existing site, this proposal creates an
orderly pattern of growth and development. This use is also locating directly adjacent to the City of
Dacono.
962071
RECOMMENDATION, USR-1130
B.F.Y.,LLC (doing business as Kangaroo Express)
Page 2
b. Section 24.3.1.2--This proposal is consistent with the intent of the A(Agricultural)zone district. The
property is zoned Agricultural and the proposed uses are provided for by approval of a Use by Special
Review permit. This proposal is consistent with A.Policy 2 of the Comprehensive Plan, Section
24.3.1.3 of the Weld County Zoning Ordinance, as amended, by locating on an existing USR site
which minimizes the removal of prime agricultural land from production.
c. Section 24.3.1.3 -- The proposal is consistent with Section 24.3.1.4 of the Weld County Zoning
Ordinance, as amended and will be compatible with future development of the surrounding area. The
proposal is located within the Urban Growth Boundary of the City of Dacono. This proposal is
consistent with UGB.Goal 2 of the Weld County Comprehensive Plan by concentrating urban
development adjacent to an existing municipality. Conditions of Approval and Development
Standards ensure that the proposed uses will remain compatibly with the existing surrounding land
uses.
d. Section 24.3.1.4--The proposed uses will be compatible with future development of the surrounding
area as permitted by the A(Agricultural)zone districts and with the future development as projected
by the Comprehensive Plan or Master Plan of affected municipalities. As stated above, this site is
located within the City of Dacono's Urban Growth Boundary. The use is provided for by a Use by
Special Review Permit and is a less intensive use on the site than the existing USR for the oil service
business. The City of Dacono has met with the applicants and has indicated that they have no
conflict with this request.
e. Section 24.3.1.5 --The proposal is not located within the Overlay District Areas identified by maps
officially adopted by Weld County.
f. Section 24.3.1.6--The applicant has demonstrated a diligent effort to conserve productive agricultural
land by utilizing an existing USR site for the use, rather than apply for a new site in an undeveloped
area or on prime farmground.
g. Section 24.3.1.7 —The Design Standards (Section 24.5 of the Weld County Zoning Ordinance, as
amended), Operation Standards(Section 24.6 of the Weld County Zoning Ordinance, as amended),
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 Planning Commission's recommendation for approval is conditional upon the following:
1. The attached Development Standards for the Special Review Permit shall be adopted and placed on the
Special Review Plat prior to recording the plat. The completed plat shall be delivered to the Department
of Planning Services within 30 days of approval by the Board of County Commissioners.
2. Prior to recording the plat:
a. All accesses shall be clearly delineated on the plat.
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RECOMMENDATION, USR-1130
B.F.Y.,LLC (doing business as Kangaroo Express)
Page 3
b. The applicant shall submit evidence to the Department of Planning Services that the existing septic
system shall be reviewed by a Colorado Regulated Professional Engineer. The review shall consist
of observation of the system and a technical review in order to determine if the system is adequately
sized and constructed to handle the proposed hydraulic load. The review shall be submitted to the
Environmental Protection Service Division of the Weld County Health Department. In the event that
the system is not found to be adequate, the system shall be repaired or enlarged in accordance with
Weld County I.S.D.S. Regulations.
c. Special Review Permit USR-524 shall be vacated.
d. A lock box which meets the Mountain View Fire Protection Districts Development Standards shall be
installed on the site.
e. An alarm system, approved by the Mountain View Fire Protection District, shall be installed in the
office and warehouse buildings.
f. A 1,000 gallon in-ground water storage tank with an upline fitted fire line connection, approved the
Mountain View Fire Protection District, shall be installed.
g. The above ground fuel tank located in the south west corner of the property shall be removed.
h. A 15"CMP x 30' minimum culvert shall be placed at the entrance to the site, as indicated in Appendix
B, Road Access, Sheet No. 1, Commercial Access Standards for culvert installation and turning
radiuses under Ordinance 180 of the Weld County Public Works Department policies.
Motion seconded by Fred Walker.
VOTE:
For Passage Against Passage
Glenn Vaad
Cristie Nicklas
Fred Walker
Marie Koolstra
Jack Epple
Shirley Camenisch
Arlan Marrs
The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of
this case to the Board of County Commissioners for further proceedings.
CERTIFICATION OF COPY
I, Jill Boshinski, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on October 15, 1996.
Dated the 15th of October, 1996.
Jill oshinski
Secretary
962071
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
B.F.Y., LLC, USR-1130
1. The Site Specific Development Plan and Special Use Permit is to operate a small delivery company with
warehousing for customers and recreational vehicle storage in the A (Agricultural) zone district, as
indicated in the application materials on file in the Department of Planning Services and subject to the
Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning
Ordinance, as amended.
3. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination.
4. No permanent disposal of wastes shall be permitted at this site.
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing
debris, and other potential nuisance conditions.
6. Fugitive dust shall be controlled on this site.
7. The maximum permissible noise level shall not exceed the commercial limit of 60 db(A), as measured
according to 25-12-102, Colorado Revised Statutes.
8. The existing six foot wooden fence shall be maintained and be kept free of all debris.
9. That portion of the site used for the Special Review activity shall be maintained in such a manner that
grasses and weeds are not permitted to grow taller than twelve (12) inches. The property owner shall not
allow the growth of noxious weeds, as stated in Section 23.2.1.15.7 of the Weld County Zoning
Ordinance, as amended.
10. The operator shall be responsible for dust control on site. The following dust control agents are approved
for use by the Weld County Health Department: potable water or natural ground water, magnesium
chloride or calcium chloride.
11. All construction on the property shall be in accordance with the requirements of the Weld County Building
Code Ordinance.
12. The property owner or operator shall be responsible for complying with the Design Standards of Section
24.5 of the Weld County Zoning Ordinance, as amended.
13. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 24.6 of the Weld County Zoning Ordinance, as amended.
14. The storage of materials on the site shall not exceed those quantities listed in Table 3-D and 3-E of the
1994 Edition of the Uniform Building Code.
15. Personnel from the Weld County Building Inspection shall have access at any reasonable time to conduct
an inspection of the building. Material Safety Data Sheets and the quantities of materials stored in the
buildings shall be available to the staff at these times.
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DEVELOPMENT STANDARDS, USR-1130
B.F.Y.,LLC (doing business as Kangaroo Express)
Page 3
16. Personnel from the Weld County Health Department and Weld County Department of 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 hereon and all applicable Weld County
regulations.
17. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing
standards and all applicable Weld County regulations. Major 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 Planning Commission 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.
18. 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.
962071
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