HomeMy WebLinkAbout962042.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW
PERMIT #1130 TO OPERATE A SMALL DELIVERY COMPANY WITH
WAREHOUSING FOR CUSTOMERS AND RECREATIONAL VEHICLE
STORAGE IN THE A (AGRICULTURAL)ZONE DISTRICT - B.F.Y., LLC,
DBA KANGAROO EXPRESS
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 13th day
of November, 1996, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of B.F.Y., LLC, dba Kangaroo Express, 5770 Weld County Road 15,
Dacono, Colorado 80514, for a Site Specific Development Plan and Special Review
Permit#1130 to operate a small delivery company with warehousing for customers and
recreational vehicle storage in the A (Agricultural) Zone District on the following described real
estate, to-wit:
Lot A of RE #1727, located in part of the SW1/4 NW1/4 of
Section 5, Township 1 North, Range 67 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, said applicant was represented by Robert Heil at said hearing, and
WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards
for review of said 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 24.7 of the Weld County Zoning Ordinance.
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SPECIAL REVIEW PERMIT#1130 - B.F.Y., LLC, DBA KANGAROO EXPRESS
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2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance as
follows:
A. Section 24.3.1.1 -- This proposal is consistent with the Weld County
Comprehensive Plan, . 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.
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, and Section 24.3.1.2 of the Weld County Zoning Ordinance, 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 24.3.1.3 of
the Weld County Zoning Ordinance 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.
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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 District 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 it has 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), Operation Standards (Section 24.6 of the
Weld County Zoning Ordinance), 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of B.F.Y., LLC, dba Kangaroo Express, for a
Site Specific Development Plan and Special Review Permit#1130 to operate a small delivery
company with warehousing for customers and recreational vehicle 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 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.
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2. Prior to recording the plat:
A. All accesses shall be clearly delineated on the plat.
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 District's
Development Standards shall be installed on the site.
E. The above ground fuel tank located in the south-west corner of the
property shall be removed.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 13th day of November, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
EZ WalahFXCI1SFn IIATF C)F SlflNINA (AY9
tr,G1 s Barbara J. Kirkmeyer, hair
0 r,'T r Co ty Clerk to the Board J-
(et(0j11 ,7®. / Baxter, Pr -T
��De�uty C er•�o the Board
//
ale K. Hall
AP ED AS TO •
Constance L. Harbert
ounty Attorney t k)R).*V
W. H. We ster
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
B.F.Y., LLC, DBA KANGAROO EXPRESS
USR#1130
1. The Site Specific Development Plan and Special Review 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 and
subject to the Development Standards stated herein.
2. Approval of this plan may create a vested property right pursuant to Section 90 of the
Weld County Zoning Ordinance.
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. All palletized storage shall be maintained at floor level.
8. 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.
9. The existing six-foot wooden fence shall be maintained and be kept free of all debris.
10. 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.
11. 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.
12. All construction on the property shall be in accordance with the requirements of the
Weld County Building Code Ordinance.
13. The property owner or operator shall be responsible for complying with the Design
Standards of Section 24.5 of the Weld County Zoning Ordinance.
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14. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance.
15. 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.
16. 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.
17. 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 herein and all applicable Weld County regulations.
18. The Special Review area shall be limited to the plans shown herein 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.
19. 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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