HomeMy WebLinkAbout962072.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant B.F.Y., LLC Case Number USR-1130
Submitted or Prepared
Prior to At Hearing
Hearing
1 Planning Commission Resolution
2 Comments X
a Land Use Application Summary Sheet X
b Special Review Permit Administrative Review X
c Field Check X
d Letter to the Applicant X
e Letter from the Applicant X
f Memorandum from Monica Daniels-Mika X
g Letter from the Applicant X
h Letters from Surrounding Property Owners(3 letters) X
3 Legal Notification (2 pages) X
4 Application (9 pages) X
5 Referrals without Comments X
a Referral list and letter X
b Longmont Soil Conservation District 9-13-96 X
6 Referrals with Comments X
a Weld County Building Inspection 10-8-96 X
b Mountain View Fire Protection District (11 pages) X
c Mountain View Fire Protection District 10-14-96 X
d Weld County Public Works 9-11-96 X
e Weld County Wealth Department 9-27-96 X
f Planning Commissioner Made Koolstra X
7 DPS Maps Prepared by Planning Technician (3 pages) X
8 Deed (6 pages) X
9 Surrounding Property Owners X
10 Utilities X
a Central Weld County Water District X
962072
b Soil Survey X
c Planning Commission Exhibits X
I hereby certify that the 10 items identified herein were submitted to the Department of Planning Services at
or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to
the Clerk to the Board's office on October 18, 1996.
Kerni D. Keithley + C rrent Plann
STATE OF COLORADO )
COUNTY OF WELD )
v (9C/ tl&, - 94
``�J�IB�,(�R,IQ4P�''6tvd SWORN TO BEFORE ME THIS da of 19
5 F9%
: TARy `'
N •. PUS
' O
9T ..... P ,
'� NOTARY PUBLIC
p F COQ.oQ„`,�
'',lnunu 0uaa'
MY COMMISSION EXPIRES MARCH 4, 1997
MY COMMISSION EXPIRES
962072
LAND USE APPLICATION
SUMMARY SHEET
CASE NUMBER: USR-1130 HEARING DATE: October 15, 1996
APPLICANT: B.F.Y. LLC
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, TIN, 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.
SIZE OF PARCEL: Approximately 4.18 acres, more or less.
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 24.3 of the Weld County Zoning
Ordinance.
The Department of Planning Services' staff has received responses from the following agencies:
1. Weld County Public Works Department
2. Weld County Health Department
3. Mountain View Fire Protection District
4. Longmont Soil Conservation District
5. Weld County Building Inspection
The Department of Planning Services' staff has not received responses from the following
agencies:
1. Planning Commissioner Marie Koolstra
2. Tri-Area Planning Commission
The Department of Planning Services' staff has received three letters of objection from surrounding
property owners. These letters are included in the Comments section of the packet.
962072
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
PLANNER: Kerri D. Keithley DATE: October 2, 1996
CASE NUMBER: USR-1130 HEARING DATE: October 15, 1996
APPLICANT: B.F.Y., LLC (for Kangaroo Express)
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, Ti 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.
SIZE OF PARCEL: Approximately 4.18 acres, more or less.
PARCEL NUMBER: 1469 05 000023
THE DEPARTMENT OF PLANNING 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 24.7
of the Weld County Zoning Ordinance, as amended.
2. It is the opinion of the Department of Planning Services's staff 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.
962972
USR-1130
B.F.Y., LLC
Page 2
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, 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.
962072
USR-1130
B.F.Y., LLC
Page 3
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's staff 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.
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. An alarm system, approved by the Mountain View Fire Protection District,
shall be installed in the office and warehouse buildings.
G. 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.
H. The above ground fuel tank located in the south west corner of the property
shall be removed.
962072
USR-1130
B.F.Y., LLC
Page 4
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.
962072
USR-1130
B.F.Y., LLC
Page 5
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.
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.
962072
p DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT 3540
FAX (970)TIVE 352-6312
�7 WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
C.
COLORADO
August 27, 1996
B.F.Y. LLC
2130 N. Main Street#15B
Longmont, CO 805501
Subject: USR-1130 - Request for a Site Specific Development Plan and a Special Review Permit for a
Delivery Company with Warehousing for Customers and Recreational Vehicle Storage on a parcel of land
described as Lot A of RE-1727, located in part of the SW4 of the NW4 of Section 5, Ti N, R67W of the 6th
P.M., Weld County, Colorado.
Dear Applicant:
Your application and related materials for the request described above are being processed at the present
time. I have scheduled a meeting with the Weld County Planning Commission for October 15, 1996, at 1:30
p.m. This meeting will take place in the County Commissioners' Hearing Room, First Floor, Weld County
Centennial Center, 915 10th Street, 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 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. It is
recommended that you and/or a representative be in attendance at the Tri-Area Planning Commission meeting
to answer any questions the Commission members may have with respect to your application. Therefore, our
office has forwarded a copy of the submitted materials to the Tri-Area Planning Commission for its review and
comments. Please call Melody Lee at(303) 833-4905 for further details regarding the date, time, and place
of this meeting.
A representative from the 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.
962072
Page 2
USR-1130, B.F.Y. LLC
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.
Respectf ,
Kerri D. Keithley
Current Planner
KDK/jeb
962072
July 23, 1996 W
Department of Planning Services I /1111
ir
1400 N . 17th Ave .
Greeley , CO
80631
To Whom This May Concern: request the transfer of the
urpose of this letter is" permit p and Gary loraogranted Martin E1 ion L.
The P m "Special
Robert L' CorPoration on the
October 6 ,
to Larrtheir Swisher .Company , Sweiler
Management Company
in order to real estate : 1 North, Range 67
Bauer described Township Part of the following NW 1/4 of Section 5 , Colorado .
West of the 6th P .M. , Weld Count Township
doing businessbusiness
Colorado which is a small which a is a most dof elivery
CorporationInc . , and vans . putting
SweileYExPress of Longmont ,
trucks only p
will Kangaroo operate property
and return once per dahe thus only
listed
We ertY and that enters
company . We
the Prop county road
the
minimal usage on The
to store our vehiclesAlso the
above • the yard customerc •
utilize storage for our condition.
We would provide in acleanand professional the
wouldbs kept a ,
warehouse would
positive influence on
property a very eni (presentlyinfluec
oration would be employment stations .
Sweiler Core potential to local fact we
providing services companies . . Per
local economy by Ye and local the supply comp spend fact
employees) also. and would local
garages, restaurants services
alone we
without any
as anded expenditure expect that
as is currentgYSWtht added.
Weld County has
yepr or company and to hope that
employment company to DaconWeof
part . sincerely
will l approve the lytransfer
f our
The relocation decision on our purchase this
very serious Services
ll able to
been a Department and we will �8f
the cial Use„ permit . .>,
this
property. ours , 5 1996
Very truly Y JUL 2
R Re i 1 ���� /✓�yI/�
Vice-President
Sweiler Corporation ci/5
962072 <% , }
Memorandum
To: Case File
From: Monica Daniels-Mika
Date: August 6, 1996
Subject: RELEASE OF ACTIVITY
The Board met on August 5, 1996 during a work session to discuss the
attached request. The Board voted to allow the applicant to proceed with the
proposed activity on the site prior to receipt of a revised USR permit. The
Board stated that the applicants will undertake this activity at their own risk.
All conditions of the letter will be upheld. All Commissioners were present
with the exception of George Baxter.
962072
Weld County Planning Dept.
August 2, 1996 AUG 21996
•
Board of County Commissioners ®
Weld County Government RECEIVE
1400 N. 17th Ave .
Greeley, CO 80631
To Whom This May Concern :
The purpose of this letter is to request the County
Commissioners to allow BFY LLC, a partnership between Larry D.
Swisher, Robert L. Heil , and Gary L. Bauer to operate their
company, Sweiler Corporation DBA Kangaroo Express of Longmont , Inc
on the following described real estate, while a "Special Use"
permit is applied for :
Part of the NW 1/4 of Section 5 , Township 1 North, Range 67
West of the 6th P .M. , Weld County, Colorado . (5770 WCR 15)
During the interim period if we were allowed to operate from
this property we would:
1 . Complete USR application , as determined by DPS staff by
no later than 12 : 00 p .m. , Friday, August 30 , 1996 .
2 . Proceed at our own risk and will hold the county
harmless should the USR not be approved.
3 . Comply with all conditions of approval and development
standards of the USR if approved.
4. If the USR we are applying for is not approved the use
requiring the USR will cease and previous uses will
apply .
5 . If successful in USR application, we will petition the
BCC to vacate the existing USR-534 prior to recording
the plat of our USR.
* To introduce you to our company:
Sweiler Corporation is a Colorado Corporation doing business
as Kangaroo Express of Longmont , Inc . , which is a small delivery
company . We operate fourteen small trucks and vans, most of which
will leave the property and return once per day, thus only putting
minimal usage on the county road that enters the property ' listed
above .
We would utilize the yard to store our vehicles . The
warehouse would provide storage for our customers . Also the
property would be kept in a clean and professional condition.
962 072
Page 2
Sweiler Corporation would be a very positive influence on the
local economy by providing potential employment (presently 15
employees) also, requiring the services of local gas stations ,
garages, restaurants and local supply companies . In fact , we
expect that in gas and services alone we would spend $60, 000 . 00 per
year. This is current expected expenditure without any local
employment or company growth added .
The relocation of our company to Dacono and to Weld County has
been a very serious decision on our part . We sincerely hope that
the Board of County Commissioners approve this request and we will
be able to purchase this property.
Very truly yours,
R. L. Heil
Vice—President
Sweiler Corporation
•
962072
Field Check inspection date: October 1 , 1996
Case Number USR-1130
Applicant B.F.Y., LLC
Request USR for a delivery company with warehousing for customers and
recreational vehicle storage
Legal Description Lot A of RE-1727, located in part of the SW4 NW4 of Section 5, TIN,
R67W
Parcel Number 1469 05 000023
Location East&adj. to WCR 15, 1/4 mile south of S.H. 52
..:::: ......:::iiiiiiiiiiiiiiiiiii1�� r,,. .. ����., .,W .,a ,,. i i .,s ....... ii..Lii.,,iiii
N A(Agricultural) N Vacant land
E A(Agricultural) E Vacant land
S A(Agricultural) S agricultural production, one residence
W A(Agricultural) W WCR 15, City of Dacono - Residential uses - a mobile
home park
Unsafe Conditions: There are no apparent unsafe conditions on the site
Comments:
On site, there are two existing buildings. One is used for office work and the other is for
warehousing/storage. The is a 6 foot wood privacy fence surrounding the north, east and west
perimeters of the site. This adequately screens the use from WCR 15 and adjacent properties. There
are four operating oil wells on the site and one above the ground tank battery in the north east corner.
The site appears to be kept in a clean fashion with few weeds and debris, There is a chain-link fence that
separates off the south portion of the site.
Kerri D. Keithley O Curr anner
962072
Hello