HomeMy WebLinkAbout20143315.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR14-0045, FOR ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (TRUCKING AND TRUCK REPAIR SHOP FOR
KNEEBONE EXCAVATING AND TRUCKING COMPANY, ALONG WITH OUTSIDE
EQUIPMENT, VEHICLE STORAGE AND STAGING) PROVIDED THAT THE
PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT
OR PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY
REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE
DISTRICT- BART'S VENTURE, LLC, C/O RANDY KNEEBONE
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 29th day
of October, 2014, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Bart's Adventure, LLC, c/o Randy Kneebone, 1384 Reliance Court,
Erie, CO 80516, for a Site Specific Development Plan and Use by Special Review Permit,
USR14-0045, for any Use permitted as a Use by Right, Accessory Use, or Use by Special
Review in the Commercial or Industrial Zone Districts (trucking and truck repair shop for
Kneebone Excavating and Trucking Company, along with outside equipment, vehicle storage
and staging) provided that the property is not a lot in an approved or recorded subdivision plat
or part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Being part of the SW1/4 of Section 22, Township 1
North, Range 67 West of the 6th P.M., Weld
County, Colorado
WHEREAS, at said hearing the Board deemed it advisable to continue said matter until
December 17, 2014, to allow adequate time to present additional information at the Weld
County Planning Commission scheduled for December 2, 2014, and
WHEREAS, on December 17, 2014, the applicant was present, 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 recommendation 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.
2014-3
!^C CA, 1�L,�1 W, {-�L �(� /9 PL2300315
SPECIAL REVIEW PERMIT (USR14-0045) - BART'S VENTURE, LLC, CIO RANDY
KNEEBONE
PAGE 2
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.6 of the Weld County Code as follows:
A. Section 23-2-230.6.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20.G.1 (A.Policy 7.1) states: "County land use
regulations should support commercial and industrial uses that are
directly related to, or dependent upon, agriculture, to locate within
the agricultural areas, when the impact to surrounding properties
is minimal, or can be mitigated, and where adequate services are
currently available or reasonably obtainable."
B. Section 22-2-100.E (C.Goal 5) states: "Minimize the incompatibilities that
occur between commercial uses and surrounding properties." The facility
is located on a thirteen-acre parcel defined by the Brantner Ditch to the
east and County Road (CR) 19 to the west. The 80-foot by 120-foot shop
building will be constructed on the north end of the property and will be
utilized for parking and maintenance of equipment and vehicles. The
proposal calls for outside parking of the four tractor trailers and
construction equipment and this area will be required to be screened from
adjacent property and public rights-of-way. The applicant will be required
to submit a Screening Plan to screen outdoor storage/staging of vehicles,
a Parking Plan to address parking location on the property to mitigate the
impacts of noise and exhaust onto neighboring properties and a Lighting
Plan to direct lights downward and away from neighboring properties as a
Condition of Approval prior to recording the USR map.
C. Section 23-2-230.6.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.S of the Weld County
Code lists any use permitted as a Use by Right, Accessory Use, or Use
by Special Review in the Commercial or Industrial Zone Districts (trucking
and truck repair shop for Kneebone Excavating and Trucking Company,
along with outside equipment, vehicle storage and staging) provided that
the property is not a lot in an approved or recorded subdivision plat or
part of a map or plan filed prior to adoption of any regulations controlling
subdivisions in the A (Agricultural) Zone District.
D. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The surrounding
properties are generally large parcel agricultural lots with single family
residences. To the north and northwest are several recorded exemption
parcels with improvements, and to the east, southwest and south are
larger agricultural parcels in production with limited residential
development. There are six property owners on seven parcels within five
hundred feet of this proposed facility. Two property owners provided
2014-3315
PL2300
SPECIAL REVIEW PERMIT (USR14-0045) - BART'S VENTURE, LLC, C/O RANDY
KNEEBONE
PAGE 3
letters of opposition to the proposed facility. Barry and Valerie Marrs with
Marrs Milky Way Dairy, LLP, adjacent property owner to the north,
expressed concerns about creating a small industrial zoned area in an
agricultural / residential area appears to be a piecemeal approach to
zoning and there were concerns with the request for the RV storage lot
when currently there are four large storage areas within four miles of this
proposed facility. If approved, a request for a building envelope, and the
placement of the shop approximately 250 feet to the east of CR 19 and
restriction on noise levels and hours of operation, as well as fencing and
landscaping requirements. A second property owner, Mrs. James
Lefforge, to the northwest of the property, held concerns of the amount of
traffic and noise this facility would bring to the quiet neighborhood, and is
opposed to this facility. The New Brantner Ditch Company Board of
Directors in an undated letter discussed " . . .the forty (40) foot in width
prescriptive easement from centerline of ditch utilized to run water and
maintain the ditch for the stockholders of the company. The company
requires that no above or below ground structures or improvements of
any kind be placed on our easement that may restrict our right to maintain
either side of the ditch without Board approval. In addition the company
does not permit any non-historic storm flows anywhere along the ditch.
The application indicates that the normal drainage on the property sheet
flows into the ditch. This statement is inaccurate. The ditch has a berm
along its western side the entire length of this property and no historic
flows have entered the ditch. Even in last September's historic storm
event, no storm water went into the ditch at this location, but rather
formed a pond above the ditch berm and radiated out into the field." As
previously stated, staff is requiring a Screening Plan to screen outdoor
storage/staging of vehicles, a Parking Plan to address parking location on
the property to mitigate the impacts of noise and exhaust onto
neighboring properties and a Lighting Plan to direct lights downward and
away from neighboring properties as a Condition of Approval prior to
recording the USR map.
E. Section 23-2-230.6.4 -- 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 located within the three (3) mile referral area of
the Cities of Dacono, Fort Lupton, Brighton and Northglenn and Adams
County. The City of Fort Lupton, in the referral comments dated
August 13, 2014, indicated that the city is currently updating the
comprehensive plan map and the proposed update includes the site
within its boundaries. The City would like the opportunity to discuss
annexation with the applicant. The City of Northglenn, in the referral
comments dated August 22, 2014, indicated no concerns. The Cities of
2014-3315
PL2300
SPECIAL REVIEW PERMIT (USR14-0045) - BART'S VENTURE, LLC, C/O RANDY
KNEEBONE
PAGE 4
Dacono and Brighton and the Adams County Planning Department did
not return a referral response.
F. Section 23-2-230.B.5 — The application complies with Chapter 23,
Article V, of the Weld County Code. Building Permits issued on the lot
will be required to adhere to the fee structure of the County-Wide Road
Impact Fee, County Facility Fee and Drainage Impact Fee Programs.
G. 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. The proposed facility is located on approximately 13 acres
designated "Prime," per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. The parcel is encumbered by the
Brantner Ditch with a 40-foot easement from centerline of the ditch to the
east and CR 19, a collector roadway to the west. The oddly shaped
parcel would not be conducive to agricultural practices and there is no
irrigation water associated with this property.
H. Section 23-2-230.8.7 — 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 can 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 Bart's Adventure, LLC, c/o Randy Kneebone, for
a Site Specific Development Plan and Use by Special Review Permit, USR14-0045, for any Use
permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (trucking and truck repair shop for Kneebone Excavating and Trucking
Company, along with outside equipment, vehicle storage and staging) provided that the property
is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to
adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, on the
parcel of land described above be, and hereby is, granted subject to the following conditions:
1. Prior to recording the map:
A. The applicant shall submit a Lighting Plan to the Department of Planning
Services, for review and approval. Any lighting poles and lamps shall
comply with Section 23-3-360.F. which states, in part, that, "any lighting
shall be designed, located, and operated in such a manner as 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."
B. The applicant shall submit a Screening Plan to the Department of
Planning Services, for review and approval. All parking areas shall be
screened from adjacent properties and public rights-of-way.
2014-3315
PL2300
SPECIAL REVIEW PERMIT (USR14-0045) - BART'S VENTURE, LLC, C/O RANDY
KNEEBONE
PAGE 5
C. The applicant shall submit a Signage Plan to the Department of Planning
Services, for review and approval, if signage is desired. Signs shall be in
compliance with Chapter 23, Article IV, Division II and Appendices 23-C,
23-D and 23-E of the Weld County Code.
D. The applicant shall submit a Parking Plan to the Department of Planning
Services for review and approval. This updated parking plan shall show
the dimensions of the drives and the parking stalls and delineate curb
stops for the parking spaces shown on the Use by Special Review map.
E. The applicant shall address the requirements/concerns of the City of Fort
Lupton, as stated in the referral response dated August 13, 2014.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
F. The applicant shall submit written evidence of a commercial well to the
Departments of Planning Services and Public Health and Environment.
G. 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).
H. The applicant shall attempt to address the requirements of the
Fort Lupton Fire Protection District, as stated in the referral response
dated August 5, 2014. Written evidence of such shall be submitted to the
Weld County Department of Planning Services.
An Improvements Agreement will be required for this site. Road
maintenance, including damage repairs and triggers for improvement, will
be a part of the Agreement (trucking). Written evidence of such shall be
submitted to the Weld County Department of Planning Services.
J. The USR map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR14-0045.
2) The attached Development Standards.
2014-3315
PL2300
SPECIAL REVIEW PERMIT (USR14-0045) - BART'S VENTURE, LLC, C/O RANDY
KNEEBONE
PAGE 6
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall delineate the trash collection areas.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas. Areas used for storage or trash collection
shall be screened from adjacent properties and public
right-of-ways. These areas shall be designed and used in a
manner that will prevent trash from being scattered by wind or
animals.
5) The approved Screening Plan.
6) The approved Lighting Plan.
7) The approved Signage Plan.
8) The approved Parking Plan.
9) CR 19 is designated on the Weld County Road Classification Plan
as an arterial road, which requires 140 feet of right-of-way at full
buildout. There is presently 60 feet of right-of-way. An additional
40 feet shall be delineated on the map as future CR 19
right-of-way. All setbacks shall be measured from the edge of
future right-of-way. The applicant shall verify the existing
right-of-way and documents creating the right-of-way, and this
information shall be noted on the map. This road is maintained by
Weld County.
10) The applicant shall show the approved access(es) on the map and
label with the approved Access Permit Number (AP14-00278).
11). The applicant shall show on the map, the approved tracking
control.
12) The applicant shall show Water Quality Control Volume (size), in
cubic feet volume on the map and label "No Build Zone and No
Parking or Storage at this Location."
13) The applicant shall show a 60-foot adequate turning radius and tie
into CR 19 at the same grade.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
an electronic version (.pdf), or one (1) paper copy, of the map to the Weld County
Department of Planning Services for preliminary approval. The map shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
2014-3315
PL2300
SPECIAL REVIEW PERMIT (USR14-0045) - BART'S VENTURE, LLC, C/O RANDY
KNEEBONE
PAGE 7
County Code. Upon approval of the map, the applicant shall submit a Mylar map,
along with all other documentation required as Conditions of Approval. The Mylar
map and additional requirements shall be submitted within one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution. The
Mylar map shall be recorded in the office of the Weld County Clerk and Recorder
by the Department of Planning Services. The applicant shall be responsible for
paying the recording fee.
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the map not be recorded within the required one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution, a
$50.00 recording continuance charge shall added for each additional three (3)
month period.
4. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or
ArcGIS Personal GeoDataBase (MDB). 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.
5. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading
Permit will be required prior to the start of construction.
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
map is ready to be recorded in the office of the Weld County Clerk and Recorder
or the applicant has been approved for an early release agreement.
2014-3315
PL2300
SPECIAL REVIEW PERMIT (USR14-0045) - BART'S VENTURE, LLC, C/O RANDY
KNEEBONE
PAGE 8
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of December, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: c`( $' - co-, ,.c_Qr~-
CG/I G „Ida:K Douglas llademacher, Chair
Weld County Clerk to the Board
RECUSED
Barbara Kirkmeyer, Pro-Tem
BY:
De t lerk to the
ly - Sean P. Conway
t361
t
APPROD AS O F -tom
fir . 4 Mike Freeman
County Attorney ' a
illiam F. Garcia
Date of signature:
2014-3315
PL2300
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
BART'S ADVENTURE, LLC, CIO RANDY KNEEBONE
USR14-0045
1. The Site Specific Development Plan and Use by Special Use Permit, USR14-0045, is for
any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (trucking and truck repair shop for Kneebone
Excavating and Trucking Company, along with outside equipment, vehicle storage and
staging) provided that the property is not a lot in an approved or recorded subdivision
plat or part of a map or plan filed prior to adoption of any regulations controlling
subdivisions in the A (Agricultural) Zone District, 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, C.R.S.
5. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions. The applicant shall operate in accordance with the approved Waste Handling
Plan, at all times.
6. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The
facility shall be operated in accordance with the approved Dust Abatement Plan, at all
times.
7. This facility shall adhere to the maximum permissible noise levels allowed in the
Non-Specified Zone District, as delineated in Section 14-9-30 of the Weld County Code.
8. Any vehicle or equipment washing areas shall capture all effluent and prevent
discharges in accordance with the rules and regulations of the Water Quality Control
Commission, and the Environmental Protection Agency.
9. All potentially hazardous chemicals must be handled in a safe manner, in accordance
with product labeling. All chemicals must be stored secure, on an impervious surface,
and in accordance with manufacturer's recommendations.
10. Processed wastewater, such as floor drain wastes, shall be captured in a watertight vault
and hauled off for proper disposal. Records of installation, maintenance, and proper
disposal shall be retained.
2014-3315
PL2300
DEVELOPMENT STANDARDS (USR14-0045) - BART'S VENTURE, LLC, CIO RANDY
KNEEBONE
PAGE 2
11. Sewage disposal for the facility shall be by septic system. Any septic system located on
the property must comply with all provisions of the Weld County Code, pertaining to
Individual Sewage Disposal Systems (I.S.D.S.)
12. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
13. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
14. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan. Neither the direct, nor reflected, light from any
light source may create a traffic hazard to operators of motor vehicles on public or
private streets. No colored lights may be used which may be confused with, or construed
as, traffic control devices.
15. The screening/parking/signage/lighting on the site shall be maintained in accordance
with the approved Screening/Parking/Signage/Lighting Plans.
16. Should noxious weeds exist on the property, or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
17. The historical flow patterns and runoff amounts will be maintained on the site.
18. Weld County is not responsible for the maintenance of on-site drainage related features.
19. There shall be no parking or staging of vehicles on County roads. On-site parking shall
be utilized.
20. Building permits may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2012 International Codes,
2006 International Energy Code, and 2011 National Electrical Code. A Building Permit
Application must be completed and two (2) complete sets of engineered plans bearing
the wet stamp of a Colorado registered architect or engineer must be submitted for
review. A Geotechnical Engineering Report, performed by a Colorado registered
engineer, shall be required or an Open Hole Inspection.
21. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
22. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment 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 Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
2014-3315
PL2300
DEVELOPMENT STANDARDS (USR14-0045) - BART'S VENTURE, LLC, C/O RANDY
KNEEBONE
PAGE 3
23. 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
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.
24. 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.
25. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
2014-3315
PL2300
Hello