HomeMy WebLinkAbout20081078.tiff RESOLUTION OF THE WELD COUNTY PLANNING COMMISSION
Moved by Mark Lawley that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
• CASE NUMBER: USR-1646
APPLICANT: Dannie & Gail Cito
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot 1 of SE-664, being part of the SW4 of Section 3, Ti N, R68W
of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a
Use by Right, an accessory use, or a Use by Special Review in
the Industrial Zone District (Steel Fabrication Company) in the A
(Agricultural)Zone District.
LOCATION: East of and adjacent to CR 7 and approximately 1/2 mile south of
State Highway 52.
be recommended favorably to the Board of County Commissioners 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 Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect. Section 22-2-150D.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." Development Standards
and Conditions of Approval will ensure that the proposed use will be compatible with the area.
•
The surrounding property is primarily agricultural in nature with a few homes in close
proximity. Section 23-2-240.A.10 of the Weld County Codes states "...that buffering or
screening of the proposed use from adjacent properties may be required in order to make the
determination that the proposed use is compatible with the surrounding uses." As a
condition of approval the applicant will be required to demonstrate how the use is to be
screened from adjacent properties and rights of way.
B. Section 23-2-220.A.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 a Site Specific
Development Plan and a Special Review Permit for a Use by Right, an accessory use, or a
Use by Special Review in the Commercial or Industrial Zone District (steel fabrication
company) in the A(Agricultural)Zone District
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. The site currently has a single family home and large garage on site.
The surrounding property is primarily agricultural in nature with a few homes located in close
proximity. The site is currently in violation(ZCV07-01086)for the storage of equipment and
the operation of a commercial business without first obtaining the necessary Weld County
permits. The violation case has not been presented to the Board of County Commissioners
through the Violation Hearing process. If this application is approved by the Board of County
Commissioners the violation will be corrected. If this application is denied,the Department of
Planning Services would request that the violation case be referred to the County Attorney's
Office, but to delay legal action for thirty(30)days in order to all adequate time to the ensure
that all operations and advertisements have been removed from the property. No comments
were received from any`surrounding property owners.
• D. Section 23-2-220.A.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 a licable
EXHIBIT
2008-1078 1
Resolution USR-1646
Dannie & Gail Cito
Page 2
•
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is located within three miles of the Towns of Frederick and Erie,the
City of Dacono and the City and County of Broomfield. The site is also located within the
Inter-governmental Agreement area with the Town of Frederick. The Town of Frederick did
not respond to the referral but in the Notice of Inquiry they state"The Town of Frederick has
no conflict with this request and would encourage the business to annex in and when
contiguity exists. We support the proposal". The Town of Erie in their referral dated January
11, 2008 state that they have reviewed the request and find that the proposed use is not in
compliance with the Town of Erie Comprehensive Plan. The City of Dacono and the City and
County of Broomfield both indicated that they have no concerns with the proposal in their
referrals both dated December 18, 2007.
E. Section 23-2-220.A.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 Road Impact Program. (Ordinance 2002-11)
Effective August 1, 2005, Building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the Storm
Water/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40)
F. Section 23-2-220.A.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
• health, safety, and welfare of the inhabitants of the neighborhood and County.
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 Planning Commission's recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. Should the applicant want a sign on site, the applicant shall submit a detailed sign plan in
compliance with Chapter 23 Division 2 of the Weld County Code to the Weld County
Department of Planning Services for review and approval. (Department of Planning Services)
B. The applicant shall either submit a copy of an agreement with the property's mineral
owner/operators stipulating that the oil and gas activities have been adequately incorporated
into the design of the site or show evidence that an adequate attempt has been made to
mitigate the concerns of the mineral owner/operators. Drill envelopes can be delineated on
the plat in accordance with the State requirements as an attempt to mitigate concerns. The
plat shall be amended to include any possible future drilling sites. (Department of Planning
Services)
C. The applicant shall address the requirements(concerns)of the Left Hand Water District, as
stated in the referral response dated December 27, 2007. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of
Planning Services)
D. The applicant shall attempt address the requirements (concerns) of the Town of Erie, as
• stated in the referral response dated January 11,2008. Evidence of such shall be submitted
in writing to the Weld County Department of Planning Services. (Department of Planning
Resolution USR-1646
Dannie & Gail Cito
Page 3
• Services)
E. The applicant shall address the requirements (concerns) of the Frederick— Firestone Fire
Protection District, as stated in the referral response dated January 31, 2008. Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
F. The applicant shall attempt to address the requirements (concerns) of the Weld County
Department of Building Inspection as stated in the referral response dated December 26,
2007. Specifically a building permit shall be submitted for a change of use for the existing
building. Evidence of such shall be submitted in writing to the Weld County Department of
Planning Services. (Department of Planning Services)
G. The applicant shall address the requirements(concerns)of the Weld County Department of
Public Works, as stated in the referral response dated January 16, 2008. Including but not
limited to providing a storm water drainage document demonstrating how the storm water is
proposed to be handled on site and disbursed. Evidence of such shall be submitted in writing
to the Weld County Department of Planning Services. (Department of Planning Services)
H. The applicant shall address the requirements(concerns)of the Weld County Department of
Public Health and Environment, as stated in the referral response dated January 28, 2008.
Evidence of such shall be submitted in writing to the Weld County Department of Planning
Services. (Department of Planning Services)
The applicant shall address the requirements(concerns)of the Weld County Department of
• Planning Services Landscape referral dated December 17,2007. Specifically a Lighting Plan
and Screening Plan shall be submitted for review and approval. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of
Planning Services)
J. The applicant shall submit to the Department of Planning Services with a property
maintenance plan for review and approval. The maintenance plan shall be in compliance
with Section 23-2-250.B.7 of the Weld County Code. (Department of Planning Services)
K. The applicant shall submit a dust abatement plan for review and approval,to the Department
of Public Health and Environment for review and approval. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of
Planning Services)
L. An individual sewage disposal system is required for the proposed office/shop facility and
shall be installed according to the Weld County Individual Sewage Disposal Regulations.The
septic system is required to be designed by a Colorado Registered Professional Engineer
according to the Weld County Individual Sewage Disposal Regulations.As an alternative, in
the event the applicant intends to utilize the existing septic system at the residence for
employee use, the septic system shall be reviewed by a Colorado Registered Professional
Engineer. The review shall consist of observation of the system and a technical review
describing the systems ability to handle the proposed hydraulic load. 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. Evidence
of approval from the Department of Public Health and Environment shall be submitted to the
Department of Planning Services. (Department of Public Health and Environment)
• M. The applicant shall submit a waste handling plan,for approval,to the Environmental Health
Services Division of the Weld County Department of Public Health&Environment. Evidence
Resolution USR-1646
Dannie & Gail Cito
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•
of approval from the Department of Public Health and Environment shall be submitted to the
Department of Planning Services. 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).(Department of Public Health and Environment)
N. The applicant shall submit a Screening Plan for the site. The plan shall include the method of
screening the outdoor storage of vehicles, equipment or materials from adjacent properties
and future rights-of-way. The applicant shall maintain compliance with Section 23-2-250.8.7
of the Weld County Code at all times. (Department of Planning Services)
O. The applicant shall complete all proposed improvements including those regarding
landscaping, screening,access improvements and parking lot requirements or enter into an
Improvements Agreement according to policy regarding collateral for improvements and post
adequate collateral for all required materials. The agreement and form of collateral shall be
reviewed by County Staff and accepted by the Board of County Commissioners prior to
recording the USR plat. (Department of Planning Services)
P. The plat shall be amended to delineate the following:
• 1. All sheets shall be labeled USR-1646. (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. County Road 7 is designated on the County Road Classification Plan as strategic
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 County Road 7 shall be
delineated on the plat. The future and existing right of way including the
documentation creating them shall be delineated on the plat. This road is
maintained by Erie. (Department of Public Works)
4. The existing access shall be utilized. No new accesses are allowed. The applicant
shall indicate specifically on the plat the type of right-of-way/easement and indicate
whether it is dedicated, private or deeded to provide adequate access to the parcel.
(Department of Public Works)
5. The plat shall identify any types of rights-of-way and or easements that exist on site.
(Department of Public Works)
6. The applicant shall provide a Lighting Plan. Should exterior lighting be a part of this
facility, all light standards shall be delineated on the plat and be in accordance with
Section 23-3-250.8.6 of the Weld County Code. (Department of Planning Services)
7. The location of the dumpster shall be delineated on the plat. Areas used for trash
collection shall be screened from public rights-of-way and all adjacent properties.
These areas shall be designed and used in a manner that will prevent wind- or
• animal-scattered trash as outlined in Section 23-3-250.A.6 of the Weld County Code.
(Department of Planning Services)
Resolution USR-1646
Dannie& Gail Cito
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•
8. The Department of Planning Services has determined from the application materials
that six (6) parking spaces and one (1)ADA parking space will be required on site.
Each parking space should be equipped with wheel guards where needed to prevent
vehicles from extending beyond the boundaries of the space and from coming into
contact with other vehicles, walls, fences, sidewalks, or plantings (Department of
Planning Services)
9. The approved Screening Plan. (Department of Planning Services)
10. The off-street parking spaces including the access drive shall be surfaced with
gravel, asphalt, concrete or the equivalent and shall be graded to prevent drainage
problems. The location and type of surfacing material shall be delineated on the
plat. (Department of Planning Services)
11. The approved signage plan. (Department of Planning Services)
Q. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services. (Department of Planning Services)
2. Upon completion of 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 Department of Planning Services' Staff. 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.
(Department of Planning Services)
3. The Department of Planning Services respectively 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. (Department of Planning Services)
4. Prior to operation:
A. The applicant shall provide a written sign-off from the Frederick—Firestone Fire Protection
District to the Department of Building Inspection. (Department of Building Inspection)
B. One month prior to construction a storm water discharge permit may be required for a
development/redevelopment/construction site where a contiguous or non-contiguous 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 the Environment at
www.cdphe.state.co.us/wq/PermitsUnit for more information. Written evidence of approval
shall be submitted to the Department of Planning Services. (Department of Public Health and
Environment) (Department of Public Health and Environment)
5. Prior to the issuance of the Certificate of Occupancy:
A. The septic system is required to be designed by a Colorado Registered Professional
Engineer according to the Weld County Individual Sewage Disposal Regulations.
(Department of Public Health and Environment)
• B. An individual sewage disposal system is required of the proposed future shop building if a
restroom facility is installed. The individual sewage disposal system shall be installed
Resolution USR-1646
Dannie & Gail Cito
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•
according to the Weld County Individual Sewage Disposal Regulations. (Department of
Public Health and Environment)
6. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the
property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk
and Recorder. (Department of Planning Services)
•
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
• DEVELOPMENT STANDARDS
Cito
USR-1646
1. A Site Specific Development Plan and a Special Review Permit for a Use by Right,an accessory use,
or a Use by Special Review in the Industrial Zone District (steel fabrication company) in the A
(Agricultural)Zone District and subject to the Development Standards stated hereon.(Department of
Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
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, 30-20-100.5, C.R.S., as amended. (Department of Public Health and
Environment)
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris,and other potential nuisance conditions. (Department
of Public Health and Environment)
• 6. The applicant shall operate in accordance with the approved"waste handling plan". (Department of
Public Health and Environment)
7. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved dust abetment plan at all times. (Department of Public
Health and Environment)
8. The facility shall have sufficient equipment available to implement dust control as required by the
Weld county Department of Public Health and Environment. (Department of Public Health and
Environment)
9. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment)
10. Adequate hand washing and toilet facilities shall be provided for employees and patrons of the facility.
(Department of Public Health and Environment)
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. (Department of Public Health and Environment)
12. A permanent, adequate water supply shall be provided for drinking and sanitary purpose.
(Department of Public Health and Environment)
13. The facility shall utilize the existing public water supply (Left Hand Water District). (Department of
Public Health and Environment)
• 14. All potentially hazardous chemicals must be sorted and handled in a safe manner in accordance with
product labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's)and
Resolution USR-1646
Dannie & Gail Cito
• Page 8
volatile organic compounds (VOC's). (Department of Public Health and Environment)
15. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
16. If applicable, the applicant shall obtain a storm water discharge permit from the Colorado Division of
Public Health & Environment, Water Quality Control Division. (Department of Public Health and
Environment)
17. A building permit shall be obtained prior to the construction of any new building,addition or remodel of
existing buildings. A building permit is required for change of use of any existing buildings.
(Department of Building Inspection)
18. A plan review is required for each building for which a building permit is required. Plans shall bear the
wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required
with applying for each permit. (Department of Building Inspection)
19. Structures shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 2006 International Building
Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2006 International
Fuel Gas Code; and the 2005 National Electrical Code and Chapter 29 of the Weld County Code.
(Department of Building Inspection)
• 20. New structures will require an engineered foundation based on a site-specific geotechnical report or
an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall
be designed by a Colorado registered engineer. (Department of Building Inspection)
21. 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 the Weld County Code. (Department of Building Inspection)
22. Building height shall be measured in accordance with the 2006 International Building Code for the
purpose of determining the maximum building size and height for 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. When measuring
buildings to determine offset and setback requirements, buildings are measured to the farthest
projection from the building. Property lines shall be clearly identified and all property pins shall be
staked prior to the first site inspection. (Department of Building Inspection)
23. A letter of approval shall be provided to the Department of Building Inspection from the Frederick-
Firestone Fire Protection District prior to construction of any structure. (Department of Building
Inspection)
24. If exterior lighting is proposed to be a part of this facility, all light standards shall be delineated in
accordance with Section 23-3-250.6.6 of the Weld County Code. (Department of Planning Services)
25. 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. (Department of Public Works)
• 26. No parking or staging shall occur on County Road 7. (Department of Public Works)
Resolution USR-1646
Dannie & Gail Cito
• Page 9
27. The hours of operation are 7:00am to 3:30pm seven days a week.(Department of Planning Services)
28. The site shall not have more then ten (10) employees on site at any given time. (Department of
Planning Services)
29. The application does not propose any portion of the site to be leased to another party. In the event
that a portion of the building is proposed to be leased to another party in the future,the applicant shall
submit a copy of the lease agreement and information regarding the proposed use of the leased
portion to the Weld County Building Inspection Department, Frederick - Firestone Fire Protection
District and the Department of Planning Services for review. Based upon the proposed use and/or
impacts of the leased portion,the Department of Planning Services may require an Amended Use by
Special Review application. (Department of Planning Services)
30. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee
structure of the Weld County Road Impact Program. (Ordinance 2002-11)(Department of Planning
Services)
31. Effective August 1,2005, Building permits issued on the subject site will be required to adhere to the
fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee.
(Ordinance 2005-8 Section 5-8-40)
32. The screening on site shall be maintained in accordance with the approved Screening Plan.
(Department of Planning Services)
• 33. The property owner shall allow any mineral owner the right of ingress or egress for the purposes of
exploration development,completion,recompletion,re-entry,production and maintenance operations
associated with existing or future operations located on these lands. (Department of Planning
Services)
34. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
35. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
36. 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.
37. The 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.
38. 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.
•
Resolution USR-1646
Dannie& Gail Cito
• Page 10
Motion seconded by Tom Holton.
VOTE:
For Passage Against Passage Absent
Doug Ochsner—Chair
Tom Holton—Vice Chair
Paul Branham
Erich Ehrlich
Robert Grand
Bill Hall
Mark Lawley
Nick Berryman
Roy Spitzer
The Chair declares the resolution passed and orders that a certified copy be placed in the file of this case
to serve as a permanent record of these proceedings.
CERTIFICATION OF COPY
I, Donita May, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
• above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on March 18, 2008.
Dated the 18th of March, 2008.
Donita May
Secretary
•
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
• Tuesday, March 18,2008
A regular meeting of the Weld County Planning Commission was held in the Southwest Weld County Conference Room,
4209 CR 24.5, Longmont,Colorado. The meeting was called to order by Chair, Doug Ochsner, at 1:35 p.m.
ROLL CALL ABSENT
Doug Ochsner-Chair -r
Tom Holton-Vice Chair
Nick Berryman
Paul Branham r
Erich Ehrlich ''"
Robert Grand
Bill Hall
Mark Lawley
Roy Spitzer
Also Present: Tom Honn, Brad Mueller, Jacqueline Hatch, Michelle Martin, Department of Planning Services; Don
Carroll,Don Dunker,David Snyder,Department of Public Works;Lauren Light,Environmental Health Department;Bruce
Barker, County Attorney; and Donita May, Secretary.
Robert Grand moved to approve the March 4, 2008 Weld County Planning Commission minutes. Second by Erich
Ehrlich. Motion carried.
The Chair said the next three items were on the consent agenda and will continue on to the Board of County
Commissioners,unless two or more Planning Commissioners feel a case should be removed from consent and be heard.
CASE NUMBER: AMUSR-1394
• APPLICANT: Zadel Family LLLP
PLANNER: Michelle Martin
LEGAL DESCRIPTION: Lots 3-7, part of Lot 11 and all of Lot 12 in Lupton Meadows Subdivision,
together with the former right of way of the Denver Larimer and Northwestern
Railroad all in Section 24,T2N, R67W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and a Special Review Permit for a Site Specific
Development Plan and a Special Review Permit for a Mineral Resource
Development Facility including a Concrete and Asphalt Batch Plant, Materials
Blending, Import of Materials and Gravel Mining in the A(Agricultural)Zone
District. (NCCI Pit#1)
LOCATION: North of and adjacent to CR 18 and west of and adjacent to CR 25.
SIZE: 175.63 acres, more or less.
Michelle Martin, Department of Planning, requested this case remain on the consent agenda and said the applicants
were in agreement with it remaining on consent as well.
The Chair said this was a continued item from a previous hearing and unless there was opposition, it would remain
on the consent agenda. There were members of the public who wished to comment. The Chair added that due to a
typo,this case was originally listed on the agenda as a continued case,therefore not everyone may be prepared to
hear the case today.
Todd Yee,J&T Consulting, 1400 W 122 Av, Ste 120,Westminster, CO 80234, applicant's representative, said they
preferred the case be heard before the Planning Commission today.
Ms. Martin interjected that the case could be heard today if it were moved to the last hearing item in order to allow
time to prepare additional reference materials for the Planning Commissioners.
Doug Ochsner and Erich Ehrlich asked the case be removed from the consent agenda to be heard.
The Chair then said AMUSR-1394 would be heard after hearing item USR-686. EXHIBIT
• -- CASE NUMBER: USR-1646
APPLICANT: Dannie& Gail Cito _ rwin
PLANNER: Jacqueline Hatch GaZaCvvl-'
1
LEGAL DESCRIPTION: Lot 1 of SE-664, being part of the SW4 of Section 3,Ti N, R68W of the 6th P.M.,
• Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a Use by Right,
an accessory use, or a Use by Special Review in the Industrial Zone District
(Steel Fabrication Company)in the A(Agricultural)Zone District.
LOCATION: East of and adjacent to CR 7 and approximately 1/2 mile south of State
Highway 52.
SIZE: 2.5 acres, more or less.
Jacqueline Hatch, Department of Planning, said both Staff and the applicant were requesting this case remain on the
consent agenda.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished
to speak.
There was no opposition to the case remaining on the consent agenda.
CASE NUMBER: 3AMPF-431
APPLICANT: Frontier Companies LLC
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lots 8&9, Block 2,Western Dairymen Cooperative, Section 10,T2N, R68W of
the 6th P.M.,Weld County, Colorado.
REQUEST: An Amendment to a PUD Final Plat Redesign; consolidating Lots 8&9 of Block
2 into one lot in the Western Dairymen Cooperative PUD.
LOCATION: South of Hwy 119 and approximately 1/4 mile east of CR 7.5.
SIZE: 2.22 acres, more or less.
Jacqueline Hatch, Department of Planning, said both Staff and the applicant were requesting this case remain on the
consent agenda for the sole reason that this application is just for the consolidation of lots eight and nine. The
proposed use on the property is an indoor shooting range,which is a site plan review and a use by right on this
property. The applicant is going through the site plan review process for the property which is a separate
• application. It is an administrative process that will not have a public hearing.
The Chair asked if there was anyone in the audience who wished to speak for or against this application remaining on the
consent agenda.
Kevin Lyles, 10671 Butte Dr, Longmont,CO 80504,said the letter he had received from the Planning Department was
not clear enough as to the specific proposal. He understood this case is the merging of two lots and the intended use is
not subject to public review, but he felt it was still appropriate to comment at this time.
The Chair asked Bruce Barker, County Attorney,for legal advice regarding this case and if the public would have the
opportunity to speak before the Board of County Commissioners. Mr.Barker replied that in terms of when it is forwarded
to the Board of County Commissioners,this is considered to be an amendment,and as a result it would be heard by the
Board.
Ms. Hatch reiterated the case today,consolidating the two lots,would be heard by the Board of County Commissioners.
The site plan review for the shooting range is a separate application which would not be heard by the Board of County
Commissioners.
Tom Holton added that the Planning Commission can't comment on the use by right. They can only rule on whether the
applicant can combine the two lots. Ms. Hatch responded that was correct.
Mr. Barker added that was not the issue in this case and that one had nothing to do with the other, though concerns
regarding the site plan review could be expressed to the Board of County Commissioners. The Chair said unfortunately
the Planning Commission cannot hear information based on what is proposed at the location. Mr. Lyles asked if there
would be an opportunity to comment on the site plan review. He added that since surrounding property owners were not
notified during the site plan review process, they would at the very least appreciate notification of when the site plan
review was going before the Board of County Commissioners. Mr.Barker suggested the Planning Department provide
future information to Mr.Lyles and added he was welcome to visit with the Planning Department regarding his concerns.
Ms. Hatch interjected that all case files are open to the public and may be reviewed at any time.
• The Chair stated that as the applicant wished the case remain on the consent agenda,and no Commissioners requested
it be heard, it would remain on the consent agenda.
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Mark Lawley moved that the Consent Agenda,Cases USR-1646 and 3AMPF-431,be forwarded to the Board of County
• Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval. Second by Tom Holton. Motion carried.
CASE NUMBER: AMUSR-686
APPLICANT: Martin&Johanna Bangma 1989 Trust&Rocky Mountain Fuel Company,
represented by Mile High Dairy LLC.
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: A parcel being part of the E2 and Lot B of RE-525, also being part of the E2 of
Section 17,T3N, R68W of the 6th P.M.,Weld County, Colorado,
REQUEST: Site Specific Development Plan and Special Review Permit for a Livestock
Confinement Operation (1,940 head dairy including milking cows,dry cows,
heifers, and calves)and one single family dwelling unit per lot other than those
permitted under Section 23-3-20.A of the Weld County Code(two single family
employee homes)in the A(Agricultural)Zone District.
LOCATION: West of and adjacent to CR 5 and north of and adjacent to CR 32.
SIZE: 183+/-acres total- USR Boundary 60+/-acres, more or less.
Jacqueline Hatch, Department of Planning, said Martin and Johanna Bangma 1989 Trust and Rocky Mountain Fuel
Company represented by Mile High Dairy LLC,c/o Dusty McCormick with AGPROfessionals LLC, have applied for an
Amended Site Specific Development Plan and a Special Review Permit for a Livestock Confinement Operation(1,940
head dairy including milking cows,dry cows,heifers, and calves)and one single family dwelling unit per lot other than
those permitted under Section 23-3-20.A of the Weld County Code (two single family employee homes) in the A
(Agricultural)Zone District.
The sign announcing the Planning Commission hearing was posted on March 7, 2008 by Staff.
The site is located west of and adjacent to CR 5 and north of and adjacent to CR 32.
The site consists of approximately 183+/-acres total,minus the USR Boundary of 60+/-acres. The dairy was originally
• approved for a total of 900 head dairy by the Board of County Commissioners on October 25, 1985. The applicant is
proposing to increase the number of head on site to 1940.
The Department of Planning Services'Staff recommends this request be denied for the following three reasons:
Section 22-5-30--for Wildlife Goals and Policies 3.W.Policy 1,3 states:"The County will identify and attempt to protect
critical or unique habitat areas of high public value,such as habitats of endangered or unique species,significant viewing
areas and breeding and spawning areas."
The Division of Wildlife,in their referral dated January 30,2008,state that,"According to the Colorado Division of Wildlife
Natural Diversity Information Source Maps for Weld County, this general area provides winter range for bald eagles,
foraging areas and winter range and winter concentration areas for ducks and geese,and is within the overall range for
pheasant and mule deer and white tailed deer. Raptors and songbirds have also been observed in the area. In addition,
a check with the U.S. Fish and Wildlife Service as to the Preble's Meadow Jumping Mouse may be appropriate for any
development what would possibly occur near wetlands associated with the property. A row of cottonwood trees is located
on the southern edge of the property. A raptor survey may be warranted to determine utilization of the area and potential
impact to raptors if disturbance is expected. Native trees and downed or dead wood on the property should be left in
place for continued benefits to wildlife." They proceed to state,"Water quality may be impacted and any storage ponds
should be built and maintained to minimize impact to wildlife. Screening structures and water quality monitoring and
other measures may be necessary. Close coordination with the Colorado Division of Wildlife may assist in minimizing
impacts to wildlife while maintaining quality water resources in the area."The Division of Wildlife also states that any
heavy equipment that may come in contact with any water resources in the area: if heavy equipment is acquired that was
previously working in another stream,river,lake,pond,or wetland within 10 days of working on this project,a disinfection
practice is necessary to prevent the spread of New Zealand Mud Snails and other aquatic hitchhikers into this drainage.
The Department of Planning Services has determined from the Colorado Division of Wildlife referral that there is a need
to protect critical or unique habitat areas of high public value,such as habitats of endangered or unique species in the
area.
Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing surrounding land uses.
• The surrounding properties are zoned agricultural. The Town of Mead is located approximately 1/8 mile to the south.
SUP-334 for a reservoir is located approximately 1/2 mile north of the site. USR-1419 for the parking of carnival
equipment is located approximately 1/8 mile north of the site. USR-1421 for a single family dwelling is located
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- 19-_)obt
. Hannah Hippely, Department of Planning, requested this case be continued to allow the applicants more time to
complete additional information necessary for the application. Continuation date will be March 4,2008 in the Greeley
Planning Department hearing room.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished
to speak.
Bill Hall motioned to continue case USR-1642 to the March 4, 2008 hearing date. Second by Tom Holton. Motion
carried.
CASE NUMBER: AMUSR-1394
APPLICANT: Zadel Family LLLP
PLANNER: Michelle Martin
LEGAL DESCRIPTION: Lots 3-7, part of Lot 11 and all of Lot 12 in Lupton Meadows Subdivision,
together with the former right of way of the Denver Larimer and
Northwestern Railroad all in Section 24,T2N,R67W of the 6th P.M.,Weld
County, Colorado.
REQUEST: Site Specific Development Plan and a Special Review Permit fora Mineral
Resource Development Facility including a Concrete and Asphalt Batch
Plant, Materials Blending, Import of Materials and Gravel Mining in the A
(Agricultural)Zone District. (NCCI Pit#1)
LOCATION: North of and adjacent to CR 18 and west of and adjacent to CR 25.
Michelle Martin, Department of Planning,said the applicants in their email dated February 7,2008,were requesting a
continuance until the March 18,2008,in order to notify the mineral owners/lessees thirty days prior to the hearing. The
hearing will be held in the Southwest Weld Planning hearing room.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
• William Gee, 8995 CR 25, Fort Lupton, said the NCCI gravel mining is adjacent to his property on two sides, which
makes him a peninsula. He expressed interest in where the asphalt plant would be physically located on the property as
well as the hours of operation. He concluded by saying he might not be opposed to it if he knew what was going on.
Robert Kerr, 11104 CR 20,expressed concern for increased traffic and noise from the trucks as well as the hazard they
present to children living in the area. It was also agreed that when CR 20 was put in it would never be used by the
County.
The Chair asked Mr. Kerr to attend the March 18,2008 hearing to present his testimony and if he could not attend the
future hearing, he could submit his concerns in writing.
The Chair closed the public portion of the hearing.
Ms. Martin repeated the new hearing date, March 18, 2008.
Tom Holton motioned to continue case AmUSR-1394 to the March 18, 2008 hearing date. Second by Mark Lawley.
Motion carried.
CASE NUMBER: USR-1646
APPLICANT: Dannie&Gail Cito
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot 1 of SE-664,being part of the SW4 of Section 3,Ti N,R68W of the 6th
P.M.,Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a Use by
Right, an accessory use, or a Use by Special Review in the Industrial
Zone District (Steel Fabrication Company) in the A (Agricultural) Zone
District.
LOCATION: East of and adjacent to CR 7 and approximately 1/2 mile south of State
Highway 52.
• Jacqueline Hatch, Department of Planning,said this was originally set for consent but was moved from consent to the
continued agenda in order to allow the applicant additional time to complete mineral notification requirements. This case
will be heard March 18, 2008 in the Southwest Planning hearing room.
Roy Spitzer motioned to continue USR-1646 to the March 18, 2008 hearing date. Second by Nick Berryman. Motion
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carried.
• CONSENT ITEMS
CASE NUMBER: AmUSR-211
APPLICANT: Kerr McGee Gathering, LLC
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Part NW4 Section 14,T2N, R66W of the 6th P.M., Weld County,
Colorado.
REQUEST: A Site Specific Development Plan and an Amended Special Review
Permit for Mineral Resource Development Facility including Oil and Gas
Support and Service(Natural Gas Processing Facility and one or more
microwave or other communication transmission or relay towers over
seventy(70)feet in height[120 foot Communications Tower] in the A
(Agricultural)Zone District.
LOCATION: South of and adjacent to CR 22, East of and adjacent to CR 33.
Kim Ogle, Department of Planning, said the applicant wished this case remain on the Consent Agenda.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished
to speak.
The Chair closed the public portion of the hearing.
Bill Hall moved that the Consent Agenda be forwarded to the Board of County Commissioners along with the Conditions
of Approval and Development Standards with the Planning Commission's recommendation of approval. Second by
Robert Grand. Motion carried.
• HEARING ITEMS
CASE NUMBER: USR-1627
APPLICANT: Cambodian Cultural Center Non-Profit Corporation
PLANNER: Michelle Martin
LEGAL DESCRIPTION: Part of the S2 S2 NE4 of Section 33, Ti N, R68W of the 6th P.M., Weld
County,Colorado.
REQUEST: Site Specific Development Plan and Use by Special Review for Public and
quasi-Public Buildings including a Church and a Private School
(Cambodian Cultural Center)in the Agricultural Zone District.
LOCATION: North of State Highway 7 and west of CR 7.
Michelle Martin, Department of Planning, said the applicants have applied for a Site Specific Development Plan and
a Special Review Permit for a Public and quasi-Public Buildings including a Church and a Private School
(Cambodian Cultural Center) in the Agricultural Zone District.
This case was originally scheduled to be heard December 18,2007. The applicants requested a continuance at that
time in order to resolve access issues.Two signs announcing the Planning Commissioners hearing were posted
December 3, 2007. Additional signs were posted February 1, 2008 by Planning Staff.
The site is located approximately one half mile north of State Highway 7 and west of CR 7.
The Department of Planning Services is recommending denial of this application for the following reason:
Section 23-2-240.A.8 of the Weld County Code states, "The access shall be located and designed to be safe; ingress
and egress shall not present a safety hazard to the traveling public or to the vehicles accessing the property. For uses
generating high traffic volumes and large numbers of large, slow-accelerating vehicles, acceleration and deceleration
lanes may be required to mitigate a potential traffic hazard."
The access to the site is through an easement per reception number 1864542 that discloses the conveyance of a thirty
• foot wide road but does not indicate the road can be used for commercial purposes. The application materials do not
indicate that a new access agreement has been established with the property owners to the east.
One letter from a surrounding property owner and several phone conversations have been received in objection to the
proposed development. Some of their concerns stem from compatibly, diminished property values, and access
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