HomeMy WebLinkAbout20203271.tiff RESOLUTION
RE: APPROVE VACATION OF USE BY SPECIAL REVIEW PERMIT, USR-1494-HEAVYX3
HOLDINGS, LLC, C/O JANICE LOPEZ
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, by Resolution dated January 19, 2005, the Board approved Use by Special
Review Permit, USR-1494, for a Use permitted as a Use by Right, Accessory Use, or Use by
Special Review in the Industrial Zone Districts (machine and welding shop) in the A (Agricultural)
Zone District, for prior owners Anthony and Diane Goddard, on the following described real estate,
to-wit:
Lot A of Recorded Exemption #2862; being part of
the E1/2 SW1/4 of Section 33, Township 1 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the Board has received a request from the current property owner, HeavyX3
Holdings, LLC, 4304 East 139th Avenue, Thornton, Colorado 80602, to vacate said Use by
Special Review Permit, USR-1494, 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
Department of Planning Services staff and all of the exhibits and evidence presented in this matter
and, having been fully informed, deems it advisable to approve said vacation.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that Use by Special Review Permit, USR-1494, be, and hereby is, vacated.
4724931 Pages: 1 of 2
06/11/2021 10:53 AM R Fee:$0.00
Carly Koppea, Clerk and Recorder, Weld County , CO
VIII INFALIMIll I II
tr?) PPL ,APPS RCP
12/3/202A 2020-3271
PL1758
VACATE USR-1494 - HEAVYX3 HOLDINGS, LLC, C/O JANICE LOPEZ
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 4th day of November, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: datitvo
Mike Freeman, Chair
Weld County Clerk to the Board
Steve oreno, Pro-Tem
BY: a .
e I Deputy Clerk to the ,°
co t K. James
APP VED ffie
:.y.� �.
-.i .�0 rbara Kirkmeyer
ou ttorney ':w;,51ki
Kevin D. Ross
Date of signature: l l ( l 3!a
4724931 Pages: 2 of 2
08/11/2021 10:53 AM R Fee:$0.00
Carly Koppas, Clark and Reoorder, Wald County , CO
II
2020-3271
PL1758
1861
DEPARTMENT OF PLANNING SERVICES
MEMORANDUM
_C0UNTY ,
TO: Weld County Board of County Commissioners
FROM: Maxwell Nader, Planner
SUBJECT: Vacation of USR-1494
HEARING DATE: November 4, 2020
APPLICANT: HeavyX3 Holdings LLC c/o Janice Lopez
LEGAL DESCRIPTION: Lot B of Recorded Exemption RE-4438; being a part of the SW4 of Section 33,
Township 1, Range 67 West of the 6th P.M., Weld County, Colorado
LOCATION: North of and adjacent to County Road 2, approximately 0.40 miles east of County
Road 17
PARCEL NUMBER: 1469-33-3-00-006
PARCEL SIZE: +/-8.4 acres
ZONE DISTRICT: A (Agricultural)
NARRATIVE: The applicants have been administratively approved on October 20, 2020 for a contractor shop,
via ZPAG20-0023. A condition of approval on ZPAG20-0023 staff report read the following:
1.B. "USR-1494 shall be vacated prior to recording the ZPAG map."
Janice Lopez proceeded to request a complete vacation of USR-1494 on Lot B of Recorded Exemption RE-4438.
The Department of Planning Services staff has reviewed this request and recommends that this
request be approved.
If approved, the BOCC Resolution will satisfy condition 1.B of the ZPAG20-0023 administrative review and the
ZPAG20-0023 site plan may proceed with recording.
Vacation of USR-1494 I HeavyX3 Holdings LLC
Page 1 of 1 2020-3271
I I fly pL I'I SS"
Maxwell Nader
From: Janice Lopez <jlopez@stormguardrc.com>
Sent: Tuesday, October 27, 2020 2:44 PM
To: Maxwell Nader
Cc: Isaac Lopez;Janice Lopez
Subject: Request to Vacate USR-1494
Caution:This email originated from outside of Weld County Government.Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Hi Max-
Now that we have conditional approval for ZPAG 20-0023 we would like to vacate the existing USR-1494 to prepare for
recording the ZPAG map. Please reconfirm the date and time of the hearing and we will plan to be there. Thank you for
your help!
Janice Lopez
Owner,Storm Guard of North Metro Denver
A: 8495 County Road 2 Brighton CO 80603
E: jlopez@stormguardre.com
P: 303.223.5792
W: northmetrodenver.stormguardrc.com
St -
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RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1494 FORA USE PERMITTED AS A USE BY RIGHT,AN ACCESSORY USE,
OR A USE BY SPECIAL REVIEW IN THE INDUSTRIAL ZONE DISTRICTS(MACHINE
AND WELDING SHOP)IN THE A(AGRICULTURAL)ZONE DISTRICT-ANTHONYAND
DIANE GODDARD
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 19th day of
January, 2005, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Anthony and Diane Goddard,P.O.Box 67,Brighton,Colorado 80601-0067,for a
Site Specific Development Plan and Use by Special Review Permit#1494 for a Use Permitted as
a Use by Right, an Accessory Use, or a Use by Special Review in the Industrial Zone Districts
(machine and welding shop) in the A(Agricultural)Zone District on the following described real
estate, to-wit:
Lot A of Recorded Exemption#2862;being part of the
E1/2 SW 1/4/4 of Section 33,Township 1 North,Range
67 West of the 6th P.M., Weld County, Colorado
WHEREAS,said applicant was represented by Lauren Light, LANDPROfessionals, LLC,
4311 Highway 66, Suite 4, Longmont, Colorado 80504, 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 ordinance in effect.
Section 22-2-60.D (A.Goal 4) states, "Conversion of agricultural land to
nonurban residential,commercial,and industrial uses will be accommodated
when the subject site is in an area that can support such development. Such
development shall attempt to be compatible with the region." The Conditions
of Approval and Development Standards will ensure that the proposed use
will be compatible with the region.
2005-0223
PL1758
Co P, 1-1-Lc i&e , / '1--
SPECIAL REVIEW PERMIT#1494 -ANTHONY AND DIANE GODDARD
PAGE 2
b. Section 23-2-230.B.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 any use permitted as a Use by Right,Accessory Use,or Use by
Special Review in the Industrial Zone Districts as a Use by Special Review
in the A (Agricultural) Zone District.
c. Section 23-2-230.B.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. There is a single family residence
located to the south of the site,cropland to the east and north of the site,and
a draw and cropland are located to the west of the site. The Jacobucci
Subdivision is located approximately 1/2 mile west of the site. The site is
well screened from Weld County Road 2 by an existing group of trees.
d. Section 23-2-230.8.4--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 site is
not located within an Urban Growth Boundary or Intergovernmental
Agreement(IGA)boundary of surrounding towns or cities. The site is located
within the three-mile referral area for the cities of Dacono and Northglenn and
the counties of Adams and Broomfield. The City of Dacono and Adams
County, in their respective referrals received November 22, 2004, and
November 9,2004,indicated no conflicts with their interests. No comments
have been received from Northglenn or Broomfield.
e. Section 23-2-230.8.5 --The site does not lie within any Overlay Districts.
Effective January 1,2003,Building Permits issued on the proposed lots will
be required to adhere to the fee structure of the County-Wide Road Impact
Program.
f. Section 23-2-230.B.6--The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The site is located on land that is designated as"Other"per the 1979
U.S.D.A. Prime Farmlands Map of Weld County.
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.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Anthony and Diane Goddard for a Site Specific
Development Plan and Use by Special Review Permit#1494 for a Use Permitted as a Use by Right,
an Accessory Use,or a Use by Special Review in the Industrial Zone Districts(machine and welding
shop)in the A(Agricultural)Zone District on the parcel of land described above be,and hereby is,
granted subject to the following conditions:
2005-0223
PL1758
SPECIAL REVIEW PERMIT#1494 -ANTHONY AND DIANE GODDARD
PAGE 3
1. Prior to recording the plat:
A. All plat sheets shall be labeled USR-1494.
B. 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. 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 Health Department approval shall be submitted to the
Department of Planning Services.
C. The applicant shall attempt to address the requirements of the Greater
Brighton Fire District as outlined in its referral dated November 10, 2004.
Evidence of such shall be submitted in writing to the Department of Planning
Services.
D. The septic system serving the house and shop 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(existing use and estimated six
full-time employees). 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 approval by the Department of Public Health
and Environment shall be provided to the Department of Planning Services.
E. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) Weld County Road 2 is designated on the Weld County Road
Classification Plan as an arterial status road,which requires 140 feet
of right-of-way at full build out. There is presently 60 feet of
right-of-way. A total of 70 feet from the centerline of Weld County
Road 2 shall be designated as right-of-way reservation for future
expansion of Weld County Road 2.
2005-0223
PL1758
SPECIAL REVIEW PERMIT#1494 -ANTHONY AND DIANE GODDARD
PAGE 4
3) The location of the business sign (if proposed).
F. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
2. Upon completion of Condition of Approval#1 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 the Department of Planning Services. 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.
3. The Department of Planning Services respectfully 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
maps@co.weld.co.us.
4, Prior to Release of Building Permits:
A. A Stormwater Discharge Permit may be required for a development/
redevelopment/construction site where a contiguous or noncontiguous land
disturbance is greater than or equal to one acre in area. Contact the Water
Quality Control Division of the Colorado Department of Public Health and
Environment at www.cdohe.state.co.us/wq/PermitsUnit for more information.
B. A plan review is required for each building for which a Building Permit is
required. Plans shall include a floor plan and bear the wet stamp of a
Colorado registered architect or engineer. Two complete sets of plans are
required when applying for each permit. Provide a Code Analysis Data sheet
provided by the Weld County Department of Building Inspection with each
Building Permit application.
C. Buildings shall conform to the requirements of the various codes adopted at
the time of permit application. Currently,the following have been adopted by
Weld County: 2003 International Building Code; 2003 International
Mechanical Code;2003 International Plumbing Code;2003 International Fuel
Gas Code; and the 2002 National Electrical Code, and Chapter 29 of the
Weld County Code.
D. Building height shall be measured in accordance with the 2003 International
Building Code for the purpose of determining the maximum building size and
height of various uses and types of construction and to determine
compliance with the Bulk Requirements from Chapter 23 of the Weld County
Code. Building height shall be measured in accordance with Chapter 23 of
2005-0223
PL1758
SPECIAL REVIEW PERMIT #1494 -ANTHONY AND DIANE GODDARD
PAGE 5
the Weld County Code in order to determine compliance with offset and
setback requirements. Offset and setback requirements are to the farthest
projection from the building.
5. Prior to Certificate of Occupancy:
A. A Building Permit shall be obtained prior to the construction of any new
building and change of use of any existing building.
B. A plan review is required for each building for which a Building Permit is
required, Plans shall include a floor plan and bear the wet stamp of a
Colorado registered architect or engineer. Two complete sets of plans are
required when applying for each permit. Provide a Code Analysis Data sheet
provided by the Weld County Department of Building Inspection with each
Building Permit application.
6. 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 19th day of January, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
E gdz WELD COUNTY, COLORADO
' /l4
1861It
William H. J ke, Chair
1d u y Clerk to the Board
U/75'V:9," �� /'� M. eile Pro-Tern
,.BY: pal �-� `L 1 eputy rk to the Board
D vid E. Long
AP O DAST •
Robeertt D. Masde
ount Att ey AA( A.:41L4
Glenn Vaad
Date of signature: L
2005-0223
PL1758
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ANTHONY AND DIANE GODDARD
USR#1494
1. The Site Specific Development Plan and Use by Special Review Permit#1494 is for a Use
Permitted as a Use by Right,an Accessory Use or a Use by Special Review in the Industrial
Zone Districts(machine and welding shop)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. All liquid and solid wastes,as defined in the Solid Wastes Disposal Sites and Facilities Act,
Section 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.
4. 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.
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
6. The applicant shall operate in accordance with the approved Waste Handling Plan.
7. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
8. The facility shall adhere to the maximum permissible noise levels allowed in the Residential
Zone District as delineated in Section 25-12-103, C.R.S.
9. Adequate hand washing and toilet facilities shall be provided for employees and patrons of
the facility.
10. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
11. The facility shall utilize the existing public water supply (Mountain View Water Users).
12. Effective January 1,2003, Building Permits issued on the proposed site will be required to
adhere to the fee structure of the County-Wide Road Impact Program.
13. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
14. All potentially hazardous chemicals must be stored and handled in a safe manner in
accordance with product labeling and in a manner that minimizes the release of hazardous
air pollutants and volatile organic compounds.
2005-0223
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DEVELOPMENT STANDARDS -ANTHONY AND DIANE GODDARD (USR#1494)
PAGE 2
15. All equipment and materials associated with the machine and welding shop shall be stored
within an enclosed building(s)/containers as stated in the application materials.
16. Hours of operation shall be from 7:00 a.m. to 6:00 p.m., Monday through Saturday, as
outlined in the application materials.
17. The operation shall be limited to six (6) outside employees, as stated in the application
materials.
18. A Building Permit shall be obtained prior to the construction of any new building and change
of use of the existing building.
19. A plan review is required for each building for which a Building Permit is required. Plans
shall include a floor plan and bear the wet stamp of a Colorado registered architect or
engineer. Two complete sets of plans are required when applying for each permit. Provide
a Code Analysis Data Sheet provided by the Weld County Department of Building Inspection
with each Building Permit application.
20. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application. Currently, the following have been adopted by Weld County: 2003
International Building Code;2003 International Mechanical Code;2003 International Plumbing
Code; 2003 International Fuel Gas Code; and the 2002 National Electrical Code, and
Chapter 29 of the Weld County Code.
21. Building height shall be measured in accordance with the 2003 International Building Code
for the purpose of determining the maximum building size and height of various uses and
types of construction, and to determine compliance with the Bulk Requirements from
Chapter 23 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 to the farthest projection from
the building.
22. The maximum amount of indoor and outdoor storage of nonflammable soils and
nonflammable and non combustible liquids shall not exceed the amounts in Table 414.2.4
of the International Building Code. The building,including the bathroom,shall be accessible
to persons with disabilities. Fire resistance of walls and openings, construction
requirements, maximum building height,and allowable areas will be reviewed at the plan
review. Setback and offset distances shall be determined by Chapter 23 the Weld County
Code.
23. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code.
24. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
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PL1758
DEVELOPMENT STANDARDS -ANTHONY AND DIANE GODDARD (USR #1494)
PAGE 3
25. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
26. Personnel from the Weld County Government 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.
27. 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
fromthe 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.
28. 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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PL1758
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