HomeMy WebLinkAbout20142590 RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR14-0028, FOR ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (HEAVY EQUIPMENT AND TRUCK REPAIR SHOP
ALONG WITH OUTSIDE EQUIPMENTNEHICLE 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
THE ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE
A (AGRICULTURAL) ZONE DISTRICT - STUART BOMBEL, CIO ASPHALT
SPECIALTIES CO., INC.
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 10th day
of September, 2014, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Stuart Bombel, 605 South Gilpin Street, Denver, CO 80209,
do Asphalt Specialties Co., Inc., 10100 Dallas Street, Henderson, CO 80640, for a Site
Specific Development Plan and Use by Special Review Permit, USR14-0028, for any Use
permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (heavy equipment and truck repair shop, along with outside
equipment/vehicles 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 the 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 N1/2 SE1/4 (all that part lying
southeasterly of the Bull Canal) of Section 22,
Township 1 North, Range 68 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Rob Laird, Resource
Manager for Asphalt Specialties, 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.
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:
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SPECIAL REVIEW PERMIT (USR14-0028) - STUART BOMBEL C/O ASPHALT
SPECIALTIES, CO., INC.
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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.2 (A.Policy 7.2) states: "Conversion of
agricultural land to nonurban residential, commercial and industrial
uses should be accommodated when the subject site is in an area
that can support such development, and should attempt to be
compatible with the region."
2) Section 22-2-20 I.A (Goal 9) states: "Reduce potential conflicts
between varying land uses in the conversion of traditional
agricultural lands to other land uses."
3) Section 22-2-20 I.5.A (Policy 9.5) states: "Applications for a
change of land use in the agricultural areas should be reviewed in
accordance with all potential impacts to surrounding properties
and referral agencies." The proposed Use by Special Review
Permit is located on a property previously approved for a
Landscaping Materials Yard under USR-1315. A
Landscape/Screening Plan to screen outdoor storage/staging of
vehicles and a Lighting Plan is attached as a Condition of
Approval for this case. Truck traffic for this use will be separated
from the residential properties to the south as the trucks will be
accessing Interstate 25 (1-25) to the north at the County Road
(CR 8), Erie Parkway intersection. The Department of Weld
County Planning Services considers this to be a nonurban
industrial use as the site is proposed to be served by a
commercial well and septic systems.
B. 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 (heavy
equipment and truck repair shop 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 the
adoption of any regulations controlling subdivisions 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. The site is located
approximately 1,000-feet north of 8-10 residences. There are two single
residences located to the northwest of the site, a fencing business
(USR-1622), and an excavation business (USR-970). No correspondence
or phone calls from surrounding property owners have been received in
regards to this case. A Landscape/Screening Plan to screen outdoor
storage/staging of vehicles and a Lighting Plan are attached as
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Conditions of Approval for this case. Truck traffic for this use will be
separated from the residential properties to the south as the trucks will be
accessing 1-25 to the north at the CR 8, Erie Parkway intersection. The
Colorado Department of Transportation (CDOT) is requiring an Access
Permit for this Use.
D. 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 areas of
the City of Dacono and the Towns of Erie and Frederick. The Town of
Erie, in the referral comments dated June 4, 2014, objects to this
application because the proposed Use does not comply with the Town of
Erie's Comprehensive Plan and because of the lack of screening of
outdoor vehicle storage yards from adjacent properties and Interstate 25.
A Condition of Approval is attached that requires a
Landscaping/ Screening plan in response to the Town of Erie referral
comments and county guidelines. The proposed Use by Special Review
Permit is located on a property previously approved for a Landscaping
Materials Yard under USR-1315. The site is located adjacent to the town
limits of Erie to the south, but is not located within the County's
recognized urban growth boundary for the Town of Erie (defined as being
1/4 mile from existing sewer lines). The County does not have a
coordinated planning agreement with the Town of Erie. The Weld County
Department of Planning Services considers this to be a Nonurban
Industrial Use, as the site is proposed to be served by a commercial well
and septic systems. The application indicates that all heavy truck traffic
associated with the business will utilize CR 8, Erie Parkway, only to exit
and enter 1-25. No heavy trucks will be traveling west nor east on CR 8
beyond the west 1-25 frontage road access points.
E. 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.
F. 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
19.91 acres delineated as "Prime," according to the Prime and Important
Farmlands Map of Weld and Larimer Counties, per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. The
property is covered by existing buildings and improvements and has not
been in agricultural production for several years.
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G. Section 23-2-230.6.7 — 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 Stuart Bombel, c/o Asphalt Specialties, Co., Inc.,
for a Site Specific Development Plan and Use by Special Review Permit, USR14-0028, for any
use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial
or Industrial Zone Districts (heavy equipment and truck repair shop, along with outside
equipment/vehicles 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 the 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 plat:
A. A letter signed by the landowner requesting the vacation of USR-1315
shall be submitted to the Department of Planning Services for approval by
the Board of Weld County Commissioners.
B. The applicant shall submit a copy of an approved Commercial Well
Permit for the proposed use.
C. The Colorado Department of Transportation (CDOT) has jurisdiction over
all accesses to the state highways. The applicant shall provide a copy of
an approved Access Permit from CDOT for this Use.
D. The applicant shall attempt to address the requirements of the Mountain
View Fire Protection District, as stated in the referral response dated
June 25, 2014. Written evidence of such shall be submitted to the Weld
County Department of Planning Services.
E. 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: '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."
F. The applicant shall submit a Landscaping/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.
G. 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
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compliance with Chapter 23, Article IV, Division II and Appendices 23-C,
23-D and 23-E of the Weld County Code.
H The applicant shall submit an updated 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, including
the ADA parking stalls. The applicant shall comply with Appendix 23-B of
the Weld County Code and the Section 208 of the 2010 Americans with
Disability Act and provide an adequate number of parking stalls.
The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR14-0028.
2) The attached Development Standards.
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 Colorado Department of Transportation (CDOT) has
jurisdiction over all accesses to state highways (1-25 Frontage
Road). The applicant shall show the approved CDOT accesses on
the map and label with access permit number if applicable.
6) The applicant shall show and label the water quality
feature/depression on the map.
7) The applicant shall show and label standard tracking control onto
publically maintained roadways on the map.
8) The applicant shall show and label the Geologic Hazard Area and
Geological Hazard Fault(s) on the map.
9) The approved Landscape/Screening Plan.
10) The approved Lighting Plan.
11) The approved Signage Plan.
12) The approved Parking Plan.
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2. Upon completion of Condition of Approval #1 above, the applicant shall submit
an electronic version (.pdf), or three (3) paper copies, of the plat to the Weld
County Department of Planning Services for preliminary approval. The plat shall
be prepared in accordance with the requirements of Section 23-2-260.D of the
Weld County Code. Upon approval of the plat, the applicant shall submit a Mylar
plat, along with all other documentation required as Conditions of Approval. The
Mylar plat and additional requirements shall be submitted within one hundred
twenty (120) days from the date of the Board of County Commissioners
Resolution. The Mylar plat 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 plat 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 plat
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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 10th day of September, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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Weld County Clerk to the Board
Ciluty
Etta` rbara Kirkmeyer, ro-Tem
BY:
De•u Clerk to the B.i ito
can P. Conway
APP ED R ,�®
Mike Freeian
County Attorney -
iam F. Gam
Date of signature: /i7
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
STUART BOMBEL C/O ASPHALT SPECIALTIES CO., INC.
USR14-0028
1. The Site Specific Development Plan and Use by Special Review Permit, USR14-0028, is
for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in
the Commercial or Industrial Zone Districts (heavy equipment and truck repair shop,
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
the adoption of any regulations controlling subdivisions in the A (Agricultural) Zone
District, subject to the Development Standards stated hereon.
rig
ht Approval of this plan may create a vested property g ht pursuant to Section 23-8-10 of
the Weld County Code.
3. The number of on-site employees shall be commensurate with the number of persons
which the septic system may accommodate in accordance with the requirements of the
Weld County Code, pertaining to Individual Sewage Disposal Systems (I.S.D.S.)
Regulations.
4. The parking on the site shall be maintained in accordance with the approved Parking
Plan.
5. The signage on the site shall be maintained in accordance with the approved Signage
Plan.
6. The lighting on the site shall be maintained in accordance with the approved Lighting
Plan.
7. The Landscaping/Screening on the site shall be maintained in accordance with the
approved Landscaping/Screening Plan.
8. 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.
9. 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.
10. 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.
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11. 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.
12. 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.
13. 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.
14. 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.
15. Adequate drinking, hand washing and toilet facilities shall be provided for employees
and patrons of the facility, at all times. As employees or contractors are on the site for
less than two (2) consecutive hours a day, portable toilets and bottled water are
acceptable. Records of maintenance and proper disposal for portable toilets shall be
retained on a quarterly basis and available for review by the Weld County Department of
Public Health and Environment (WCDPHE). Portable toilets shall be serviced by a
cleaner licensed in Weld County and shall contain hand sanitizers.
16. 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
I.S.D.S.
17. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes. The facility shall utilize the existing private water supply.
18. 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.
19. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
20. 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 of the adjacent
properties in accordance with the plan. Neither the direct, not 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.
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21. 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.
22. The historical flow patterns and runoff amounts will be maintained on the site.
23. There shall be no parking or staging of vehicles on public roads. On-site parking shall be
utilized.
24. This property lies within a known Geologic Hazard Area, as defined by the Colorado
Geological Survey.
25. 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.
26. RESOLUTION #35 Factory Built Nonresidential Structured CRS 24-32-3305 - Every
Factory-Built Nonresidential Structure manufactured after the effective date of these
regulations that is manufactured, sold, or offered for sale in this state must display an
insignia issued by the Division of Housing certifying that the unit is constructed in
compliance with the standards adopted in schedule "B" which is incorporated herein and
made a part of these Rules and Regulations by reference, and all other requirements set
forth by this resolution.
27. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
28. 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.
29. 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.
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30. 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.
31. 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 plat and recognized at all times.
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