HomeMy WebLinkAbout20072679.tiff RESOLUTION OF THE WELD COUNTY PLANNING COMMISSION
Moved by Doug Ochsner 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-1618
APPLICANT: Justin &Jennifer Frank
PLANNER: Hannah Hippely
LEGAL DESCRIPTION: Part of the E2 SE4 Section 6, T4N, R67W of the 6th P.M., Weld County,
Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for a use
permitted as a Use by Right, and Accessory Use, or a Use by Special
Review in the Commercial or Industrial Zone districts (Dance and
Gymnastics Studio) in the A(Agricultural)Zone District.
LOCATION: West of and adjacent to CR 15 (Telep Avenue) and approximately 0.125
mile North of State Highway 60 (W. South 15`Street).
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 22-2-60B. states "conversion of
agricultural land to urban scale residential, commercial and industrial uses will be
considered when the subject site is located inside an approved intergovernmental
agreement area, urban growth boundary area, Mixed Use Development areas or urban
• development nodes, or where adequate services are currently available or reasonably
obtainable". The property and the existing facility are located within the Town of
Johnstown's Urban Growth Boundary and is part of a small enclave surrounded by the
urbanized areas of the Town of Johnstown.
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 any
use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the
Commercial or Industrial Zone Districts as a Use by Special Review in the A(Agricultural)
Zone District. Currently this property is in violation (VI-0700048) due to the operation of
the dance and gymnastics studio without the necessary Use by Special Review Permit.
This case has not yet been presented to the Board of County Commissioners through the
Violation process. This application, if approved, will correct the violation. Should the
application be denied, staff requests that the case be referred to the County Attorney's
Office, but to delay legal action for thirty(30) days.
C. Section 23-2-220.A.3 --The uses which will be permitted will be compatible with the
existing surrounding land uses. The subject property is adjacent to residential land uses
to the north and west, commercial uses to the south, and residential and agricultural uses
to the east. The Town of Johnstown in its referral dated May 18, 2007 stated that the
"property is located in an area designated for commercial" uses. There have been no
letters of objection to the proposed use. Additionally, the proposed use seeks to make
use of existing structures on the property so there will be little noticeable change to the t
conditions existing on site currently. {O
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 C
• 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 Town of Johnstown in its referral dated May 18, 2007 stated
2007-2679
Resolution USR-1618
Justin &Jennifer Frank
• Page 2
that the"property is located in an area designated for commercial" uses and finds the
proposal an "acceptable use". The Town of Berthoud in its referral dated June 8, 2007
indicated it does not have a conflict with the proposal as did the Town of Milliken in their
referral response dated May 16, 2007. Larimer County in their referral dated May 17,
2007 also indicated that they do not have a conflict with the proposed use.
E. Section 23-2-220.A.5--The application complies with Section 23-5 of the Weld County
Code. The property is not located within an overlay district.
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
Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40)
F. Section 23-2-220.A.6 --The applicant has demonstrated a diligent effort to conserve
prime agricultural land in the locational decision for the proposed use. Section 22-2-60.1
states that'the minimum lot size of parcels in the A(Agricultural)Zone district should
remain at eighty(80) acres to encourage parcels large enough to retain viable farming
operations". At 1.67 acres the site is not viable as a farming operation due in part to its
small size but also due to the existing buildings onsite and the fact that it is surrounded by
an urbanized area.
• G. 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. The plat shall be amended to delineate the following:
1. The plat shall be labeled USR-1618. (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The approved Landscape and Screening Plan. (Department of Planning
Services)
4. The Lighting Plan. (Department of Planning Services)
5. The approved Sign Plan. (Department of Planning Services)
6. The scale of the USR plat map shall be changed to 1 inch equals 20 feet.
(1"=20"). (Department of Planning Services)
• 7. Section 23-3-250.A.6 of the Weld County Code calls for areas used for trash
collection to be screened from public rights-of-way and all adjacent properties.
Resolution USR-1618
Justin &Jennifer Frank
Page 3
•
These areas shall be designed and used in a manner that will prevent wind or
animal scattered trash. The applicant shall identify the location and adequate
screening of trash collection areas on the plat. (Department of Planning Services)
8. Spaces reserved for the parking of vehicles and all loading zones shall be delineated
on the plat. This facility shall adhere to the number of on-site parking spaces
indicated in Appendix 23-B of the Weld County Code. The total number of on-site
parking for the this facility shall be forty-two(42)spaces,of which two(2)shall be a
van accessible handicapped parking stall meeting all of the requirements as set forth
in the Americans with Disabilities Act. In accordance with Section 23-3-350.B,
Section 23-3-350.C,Section 23-3-350.D and Section 23-4-30.C all parking,loading
areas and street access drives shall be surfaced with gravel, recycled asphalt,
asphalt,concrete or the equivalent, and graded to prevent drainage problems. Each
parking space shall be equipped with wheel guards or curb stops when necessary to
prevent vehicles from extending beyond the boundaries of the space and from
coming into contact with other vehicles,walls,fences,or plantings.The location of all
curb stops in the parking areas per Section 23-4-30.D of the Weld County Code shall
be delineated on the plat. (Department of Public Works)
9. The applicant shall address and adhere to the American with Disabilities Act(ADA)
and ADA standards for this facility at all times. Non-ambulatory/ambulatory parking
spaces shall be identified and shown on the plat. This site will be required to meet
all requirements of the Americans with Disabilities Act. An accessible path shall be
required from the building to the public right-of-way.The parking spaces must be the
• closest possible to the entrance. Signing will be required. Curb cuts, ramps and
other methods of providing accessibility shall be required to reasonably attempt to
meet the requirements of this Act. Should the applicant elect to not adhere to the
previously discussed Federal Standards, this office requests that the applicant
outline how their proposed site design mitigates the requirements of the American's
with Disabilities Act. (Department of Planning Services)
B The applicant shall submit a Landscape and Screening Plan to the Department of
Planning Services for review and approval. The applicant shall place"plant material"
to mitigate the impacts of the facility from adjacent properties. The plant material
screen shall be placed between the road right-of-way and the proposed
improvements. The buffer strip shall be a minimum of ten(10)feet in width and run
the length of the property line. Further, the applicant shall adhere to all landscape
requirements of Section 23-3-250.A.5 of the Weld County Code. Upon approval,the
Landscape and Screening Plan shall be placed on the plat.(Department of Planning
Services)
C. The applicant has not delineated any on-site sign(s). Signs shall adhere to Article IV
Division 2 of the Weld County Code as it relates to signs in the A(Agricultural)Zone
District. Further, the location of the sign, if applicable, shall be delineated on the
USR plat. (Department of Planning Services)
D. The applicant has not indicated that there will be any lighting on site. If lighting is
intended, a Lighting Plan, including cut sheets of the intended lights, shall be
provided to the Department of Planning Services for review and approval. The
lighting plan shall adhere to the lighting requirements for off-street parking spaces
per Section 23-4-30.E of the Weld County Code and shall adhere to the lighting
• standards, in accordance with Section 23-3-250.B.6 Weld County Code. Further,the
approved Lighting Plan shall be delineated on the plat. (Department of Planning
Services)
Resolution USR-1618
Justin & Jennifer Frank
Page 4
• E. The applicant shall provide both the Weld County Department of Public Works and
the Department of Planning Services with a detailed site circulation and parking plan
for review and approval. Written evidence of the Department of Public Works
approval shall be submitted to the Department of Planning Services. (Department of
Public Works/Department of Planning Services)
F. The Environmental Health Services Division was unable to locate a septic permit for
the proposed dance studio. 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 that this requirement
has been met shall be provided to the Department of Planning Services.
(Department of Public Health and Environment)
G. In the event the septic system requires a design capacity of over 2,000 gallons of
sewage per day the applicants shall provide evidence that all requirements of the
Water Quality Control Division(WQCD)of the Colorado Department of Public Health
and Environment(specifically Policies WQSA-6 and WQSA-8)have been satisfied.
Evidence of compliance shall be provided to the Weld County Department of Public
Health and Environment. Alternately, the applicant can provide evidence from the
WQCD that they are not subject to these requirements. Evidence that this
requirement has been met shall be provided to the Department of Planning Services.
• (Department of Public Health and Environment)
H. The applicant shall submit evidence of an Underground Injection Control(UIC)Class
V Injection Well permit from the Environmental Protection Agency (EPA) for any
large-capacity septic system (a septic system with the capacity to serve 20 or more
persons per day). Alternately,the applicant can provide evidence from the EPA that
they are not subject to the Class V requirements. Evidence that this requirement has
been met shall be provided to the Department of Planning Services. (Department of
Public Health and Environment)
The applicant shall address the requirements of the Building Inspection
Department as outlined in their referral dated May 24, 2007. Evidence that all
conditions have been addressed shall be submitted to the Department of
Planning Services. (Department of Planning Services)
J. The applicant shall submit a Private Improvements Agreement according to policy
regarding,collateral for improvements and post adequate collateral for all
landscaping, transportation (access drive, parking areas, et cetera) and non-
transportation (plant materials, fencing, screening, water, signage et cetera). The
applicant shall submit to the Department of Planning Services an itemized
landscaping bid for review. The agreement and form of collateral shall be
reviewed by County Staff and accepted by the Board of County Commissioners
prior to recording the Use by Special Review plat. Alternatively, the applicant may
submit evidence that all the work has been completed and approved by the
Department of Planning Services and the Department of Public Works.
(Department of Planning Services)
• K. 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)
Resolution USR-1618
Justin &Jennifer Frank
Page 5
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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. 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
Justin and Jennifer Frank
USR- 1618
1. The Site Specific Development Plan and Special Use Permit is for a use permitted as a Use by Right,
an Accessory Use,or a Use by Special Review in the Commercial or Industrial Zone Districts(Dance
and Gymnastics Studio)in the A(Agricultural)Zone District,as indicated in the application materials
on file 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 & 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 & 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 & Environment)
6. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public
Health & Environment)
• 7. 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 & Environment)
8. Hours of operation of the facility shall be limited to 8:00 am to 10:00 pm as outlined in the application
materials. (Department of Planning Services)
9. Adequate handwashing and toilet facilities shall be provided for employees and students of the facility.
(Department of Public Health & Environment)
10. 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 & Environment)
11. The facility shall utilize the existing public water supply. (Town of Johnstown)
12. Effective January 1,2003, Building Permits issued on the proposed lots will be required to adhere to
the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of
Planning Services)
13. 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)(Department of Planning Services)
14. The landscaping and screening on site shall be maintained in accordance with the approved
Landscape and Screening Plan. (Department of Planning Services)
• 15. The property owner acknowledges that mineral owners and lessees have real property interests that
entitle them to surface use in accordance with Colorado State Statutes and applicable Colorado Oil
and Gas Conservation Commission regulations. (Department of Planning Services)
16. The property owner or operator shall be responsible for complying with the Design Standards of
• Section 23-2-240, Weld County Code. (Department of Planning Services)
17. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code. (Department of Planning Services)
18. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code.
19. 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. (Department of
Planning Services)
20. 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.
21. 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.
Motion seconded by Mark Lawley.
VOTE:
• For Passage Against Passage Absent
Chad Auer—Chair
Doug Ochsner—Vice Chair
Paul Branham
Erich Ehrlich
Bruce Fitzgerald
Tom Holton
Mark Lawley
Roy Spitzer
James Welch
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 July 17, 2007.
Dated the 17th
• 17th of July,, y,2007.
AA
Donita May v
Secretary
and Gravel Mining in the A(Agricultural)Zone District.
• LOCATION: Generally located South of and adjacent to SH 52; West of and adjacent to
SH 85; East of and adjacent to CR 25 Section Line and approximately 0.5
miles North of CR 10.
The Chair asked if anyone in the audience wished to speak for or against the application.
Jerry Sitzman,area homeowner,residing east of Hwy 85 and adjacent to the gravel pit,said they have a pond
on their property and he is concerned that when water is pulled off into the gravel pit, his pond will dry out as it
is maintained by underground water levels;he added that his pond also holds the run off from the Fort Lupton
city streets;and without proper maintenance, it will be a stale pond as they have no other way of getting water
into it. Commissioner Ochsner pointed out that public concerns can be addressed without hearing the entire
case. Mr. Sitzman added that since the applicant has to pump the water out during mining,they could pump
the water into the highway underpass pipe. The Chair said that ultimately this board makes only
recommendations and the Board of County Commissioners decide the final outcome, but they can collect
items to be addressed. Mr. Sitzman asked if he would be notified of the future Board of County Commission
hearing. The Chair said that he would absolutely be notified.
Mike Hart, 2255 Meadow Ave, Boulder, CO, represents Ready Mix Concrete. Mr. Hart addressed Mr.
Sitzman's concerns regarding the mine dewatering on his pond on the east side of Hwy 85 and said: they
proposed to install a soil bentonite slurry wall around the mining stage that is immediately west of Mr.
Sitzman's pond before anything is dewatered, so basically they intend to protect the surrounding alluvial
aquifer by sealing off the mine stage from anything outside of that mine stage before anything is dewatered;
once the slurry wall is installed then the area to be mined within the perimeter of the slurry wall would be
dewatered but there would be no impact on any groundwater elevations outside of the mining area;and closed
by saying that he was very confident that all of Mr. Sitzman's concerns would be addressed, based on the
mine plan.
• The Chair suggested Mr. Hart contact Mr. Sitzman and provide him with all of that information prior to the
Board of County Commission hearing.
— CASE NUMBER: USR-1618
APPLICANT: Justin &Jennifer Frank
PLANNER: Hannah Hippely
LEGAL DESCRIPTION: Part of the E2 SE4 Section 6, T4N, R67W of the 6th P.M., Weld County,
Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for a use
permitted as a Use by Right, and Accessory Use, or a Use by Special
Review in the Commercial or Industrial Zone districts (Dance and
Gymnastics Studio) in the A(Agricultural)Zone District.
LOCATION: West of and adjacent to CR 15 (Telep Avenue) and approximately 0.125
mile North of State Highway 60 (W. South 1st Street).
The Chair asked if anyone in the audience wished to speak for or against the application. No one stepped
forward.
CASE NUMBER: AmUSR-217
APPLICANT: Kerr-McGee Gathering, LLC
PLANNER: Kim Ogle
LEGAL DESCRIPTION: SW4 SW4 Section 23,T2N, R65W of the 6th P.M.,Weld County,Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for a Mineral
Resource Development Facility including a Natural Gas Processing Facility
• and one or more microwave or other communication transmission or relay
tower over seventy(70)feet in height in the A(Agricultural)Zone District.
LOCATION: North of and adjacent to CR 18,and East of and adjacent to CR 45 Section 4
Line.
2
.+eaaw
• The Chair asked if anyone in the audience wished to speak for or against the application. No one stepped
forward.
CASE NUMBER: USR-1616
APPLICANT: Mountain States Line Constructors
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot A of RE-4578; part of SE4 of Section 32, TIN, R65W of the 6th P.M.,
Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a use
similar to the uses listed as a Use by Special Review(Trade School) in
the A(Agricultural)Zone District.
LOCATION: North of and adjacent to CR 2 and approximately 1/2 mile east of CR 39.
The Chair asked if anyone in the audience wished to speak for or against the application.
John Spillane, 5460 South Quebec, Suite 110, Greenwood Village, CO, the manager of Highland Equities
and with the Bromley Companies, which own thought they were on the list to be notified, he had not seen
any notice regarding the application; that he had hoped to hear about the applicant's plan this afternoon;
and that he would be bringing his 600 acres to Lochbuie as a residential development later this year. Mr.
Spillane expressed interest in hearing the Planning Commission's view on this application.
The Chair told Mr. Spillane that whether the case was pulled or not, he was entitled to review all of the
application materials prior to the BOCC hearing. The Chair asked the Commissioners if any of them
wished to pull the application. Commissioner Ochsner responded that he was agreeable to Case USR-
1616 remaining on the consent agenda.
• The Chair asked if there were any Commissioners who wished to pull this case from the Consent Agenda.
There were none.
Doug Ochsner moved that the Consent Agenda,including Cases USR-1613,USR-1608, USR-1618,AMUSR-
217 and USR-1616, 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, Mark
Lawley seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Paul
Branham, yes; Bruce Fitzgerald, yes; Tom Holton, recused; Mark Lawley, yes; Roy Spitzer, yes; Doug
Ochsner,yes; Chad Auer, yes. Motion carried unanimously.
HEARING ITEMS
The Chair read the case into the record.
CASE NUMBER: USR-1617
APPLICANT: James Warner
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lot D RE-3983; located in the NW4 of Section 5, T4N, R68W of the 6th
P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for an oil
and gas support facility(commercial water tap used by oil and gas
specific equipment and transportation vehicles to service off-site oil and
• gas operations) in the A(Agricultural)Zone District.
LOCATION: East of and adjacent to CR 3 and south of and adjacent to State Highway
60.
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