Loading...
HomeMy WebLinkAbout20070972.tiff RESOLUTION OF THE WELD COUNTY PLANNING COMMISSION Moved by Roy Spitzer 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-1574 APPLICANT: New Hope Family Christian Church PLANNER: Kim Ogle LEGAL DESCRIPTION: Lot A of RE-4300 being part of the N2 NW4 of Section 28, T2N, R67W of the 6th P.M., Weld County, Colorado. REQUEST: Site Specific Development Plan and a Special Review Permit for a church, childcare center, and private school in the A(Agricultural)Zone District. LOCATION: South of and adjacent to CR 18 and east of and adjacent to CR 17. 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 Department of Planning Services' staff that the applicant has shown compliance with Section 23-2-260 of the Weld County Code as follows: A. Section 23-2-260.A.1 --The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-2-60.D.A Goal 4 states: "Conversion of agricultural land to nonurban residential, commercial and industrial uses will be accommodated when the subject site is within an area can support such development." The projected population of the congregation as indicated in the application materials, the purported annexation agreement with the town of Firestone and the required improvements to the site will ensure that the area is able to support said use. B. Section 23-2-260.A.2 --The proposed use is consistent with the intent of the A (Agricultural)Zone District. Section 23-3-40.E.1 of the Weld County Code provides for a church as a Use by Special Review in the A (Agricultural) Zone District. Section 23-3-40.E.2 of the Weld County Code provides for a private school as a Use by Special Review in the A(Agricultural)Zone District. Section 23-3-40.S of the Weld County Code provides for a child care center as a Use by Special Review in the A (Agricultural)Zone District. C. Section 23-2-260.A.3 --The uses which will be permitted will be compatible with the existing surrounding land uses. Surrounding properties to the north is SUP- 118 for a 70,000 unit Turkey Farm, to the northeast is AmSUP-238 for a Compressor Station; to the east are agricultural lands including USR-1231 for the 2500 head Bearson Dairy; to the south are agricultural lands including the 1450 head Busker Dairy and to the west are lands annexed into the Town of Firestone. Conditions of Approval and Development Standards will ensure that this use is compatible with surrounding land uses D. Section 23-2-260.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 applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The subject property lies within c the Intergovernmental Agreement Area for the Town of Firestone and is also within the three-mile referral area of the Towns of Frederick and Firestone and Y �• the City of Dacono. The Town of Frederick, in a referral dated August 18, 2006 2007-0972 „ Resolution USR-1574 New Hope Family Christian Church Page 2 had concerns on the impact of this facility on the surrounding transportation system including roads annexed to the Town. The Town of Firestone and the City of Dacono did not return a referral indicating a conflict with the request. There are five property owners within 500 feet of this proposed facility and staff has not received any letters or telephone calls of concern. E. Section 23-2-260.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 Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) F. Section 23-2-260.A.6--The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The subject site is designated "Prime (Irrigated)" on eighty percent of the site and "Other" on lands adjacent to County Road 18 on the Farmlands of National Importance by the USDA Soil Conservation Services. The small size of the lot (13.8 acres) severely limits its agricultural value. G. Section 23-2-260.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 the Board of County Commissioner hearing: A. The applicant has not delineated any on-site sign(s). If any on-site sign(s) are desired, the signs shall adhere to Section 23-4-90.A and .B of the Weld County Code. One identification sign per principal use shall be allowed, provided that the sign does not exceed sixteen (16) square feet in area per face. Further, the location of the sign, if applicable shall be delineated on the USR plat. B. The applicant shall submit to the Weld County Department of Planning Services the maximum number of students and teachers for the private school and childcare center. (Department of Planning Services) C. The applicant shall provide additional storm water documentation, calculations for review and approval by Weld County Department of Public Works, Drainage Division, in accordance with Section 23-3-240, Design Standards 5.A and 5.8 of the Weld County Code. Written evidence of Weld County Department of Public Works approval shall be submitted to the Weld County Department of Planning Services. (Department of Public Works) D. The applicant shall submit a copy of a signed and recorded annexation agreement with the Town of Firestone to the Department of Planning Services. (Department of Planning Services) 2. Prior to recording the plat: 1. The applicant shall submit a Screening/Landscape Plan for review and approval which includes the following information: Resolution USR-1574 New Hope Family Christian Church Page 3 1. The applicant shall demonstrate how the proposed plant material will be irrigated. 2) The applicant shall delineate on-site lighting, including security lighting if applicable. 3) The applicant shall delineate the location of any proposed and existing plant material. Existing shall be delineated as a circle with a dot in the middle, proposed shall be delineated as a circle with a "+" in the middle. 4) The Landscape Plan shall indicate a site for a trash collection that is sufficiently screened from adjacent public rights-of-way and adjacent properties. These areas shall be designed and used in a manner that will prevent wind or animal scattered trash. 5) The specific location of the native seed mix shall be delineated on the Landscape Plan. (Department of Planning Services) B. The internal circulation within the site, specifically the parking area(s) is unclear. The applicant shall submit drawings that delineate the proposed circulation pattern to the Departments of Public Works and Planning Services for review and approval. (Department of Planning Services) C. The applicant shall enter into an Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for all required materials, or complete the required improvements 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) D. The applicant shall attempt to address the requirements (concerns)of the Fort Lupton Fire Protection District, as stated in the referral response dated June 9, 2003. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Fort Lupton Fire Protection District) E. Given that the Fort Lupton Fire Protection District will require some type of fire protection for the structure, the applicant shall contact the Central Weld County Water District to determine if there is capacity to provide additional water service, and, if adequate pressure exists for a fire hydrant or equivalent to mitigate the concerns of the Fort Lupton Fire Protection District, and the Department of Building Inspection. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) F. The applicant shall submit a dust abatement plan for review and approval, to the Department of Public Health and Environment. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) G. The applicant shall provide written evidence that the facility has an adequate water supply, i.e., well or community water system. (Department of Public Health and Environment) H. The septic system serving the home 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 (church, et cetera). The review shall be submitted to the Environmental Heath Service s Division of the weld county Department of Public Health and Resolution USR-1574 New Hope Family Christian Church Page 4 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 such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) The septic system design shall comply with all County and State laws, Regulations and Policies. In the event the septic system requires a design capacity of over 2000 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 WQCA-8) have been satisfied. Evidence of compliance shall be provided to the weld County Department of Public Health and Environment. The applicant can also provide evidence from the QCCD that they are not subject to these regulations. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) J. The applicant shall comply with all Department of Building Inspection requirements as listed in the referral dated September 6, 2006. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Building Inspection) 3. The plat shall be amended to delineate the following:: A. All sheets of the plat shall be labeled USR-1574. (Department of Planning Services) (b) The plat shall meet all the requirements of Section 23-2-260.D of the Weld County Code. (Department of Planning Services) (c) The attached Development Standards. (Department of Planning Services) (d) The approved Landscape/Screening Plan. (Department of Planning Services) (e) The approved internal Circulation Plan. (Department of Planning Services) (1) County Roads 17 and 18 adjacent to the site are designated on the Weld County Road Classification Plan as local gravel roads, which require 60 feet of right-of- way at full build out. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. All setbacks shall be measured from the edge of future right-of-way. If the right-of-way cannot be verified, it shall be dedicated. These roads are maintained by Weld County. At a point west of the intersection of County Roads 17 and 18 the Town of Firestone has annexed lands and has jurisdiction over this section of road. (Department of Public Works) G. The main church building and associated buildings associated with this facility, shall adhere to Appendix 23-B of the Weld County Code. The number of off- street parking spaces required for this facility at full build-out is 92 spaces, and all spaces shall be delineated on this plat. Further, the applicant shall delineate the location of all the parking spaces which shall be equipped with wheel guards or curb stops where needed to prevent vehicles from extending beyond the boundaries of the spaces and from coming into contact with other vehicles, walls, fences, or planting's.(Department of Public Works) H. The applicant shall address and adhere to the American with Disabilities Act 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. At least one space must be van accessible. The parking spaces must be the closest possible to the Resolution USR-1574 New Hope Family Christian Church Page 5 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 Church elect to not adhere to the previously discussed Federal Standards, this office requests that the Church outline how their proposed site design mitigates the requirements of the American's with Disabilities Act. (Department of Public Works) The applicant shall indicate on the plat access points that are 30 feet in width to accommodate two-way traffic with adequate turning radiuses and stop signs. Written evidence of Weld County Department of Public Works approval shall be submitted to the Weld County Department of Planning Services. (Department of Public Works) J. The off-street parking spaces including the access drives shall be surfaced with gravel, asphalt, concrete, or the equivalent and shall be graded to prevent drainage problems. (Department of Public Works) 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) C. Prior to construction: A. The applicant shall provide letter of approval from Fort Lupton Fire Protection District prior to construction of any structure. (Department of Building Inspection) B. A stromwater 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 Environment at www.cdphe.state.co.us/wq/PermitsUnit for more information. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) C. The applicant shall provide dust suppressant on County Road 17 given the additional impact of the proposed church, daycare and private school facility. The dust suppressant shall be placed in front of the residence at 7812 County Road 17, for approximately 300 feet. Both points of ingress or egress to the Church should be dust abated also. The dust suppressant [magnesium chloride or calcium chloride] shall be placed no less than twice a year or more often as designated by the Weld County Public Works Department, Grader Division Supervisor. (Department of Public Works) 4. Prior to issuance of the Certificate of Occupancy: 1. 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) 2. The septic system must be installed in accordance with the Weld County Individual Sewage Disposal Regulations and the Colorado Regulations for the site application process (it applicable). (Department of Public Health and Environment) 5. Upon completion of 1. and 2. 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- Resolution USR-1574 New Hope Family Christian Church Page 6 260.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) 6. 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[�Dco.weld.co.us. (Department of Planning Services) 7. 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) 8. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty(60) days from the date of the Board of County Commissioner Resolution was signed a $50.00 recording continuance charge shall be added for each additional 3 month period. (Department of Planning Services) SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Reverend Jackson B. Sherwood New Hope Family Christian Church USR-1574 1. The Site Specific Development Plan and a Special Review Permit for a Church, Childcare Center and Private School 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. The number of employees associated with this facility is limited to three(3)persons as stated in the application materials. (Department of Planning Services) 4. The number of parishioners associated with this facility is limited to two hundred forty-two (242)as stated in the application materials. (Department of Planning Services) 5. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 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. (Department of Public Health and Environment) 6. 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, CRS., as amended. (Department of Public Health and Environment) 7. 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) 8. 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. (Department of Public Health and Environment) 9. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone District as delineated in 25-12-103,C.R.S.as amended. (Department of Public Health and Environment) 10. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of Public Health and Environment) 11. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility. (Department of Public Health and Environment) 12. The facility shall utilize the existing public water supply(Central Weld County Water District). (Department of Public Health and Environment) 13. Sewage disposal for the facility shall be on a 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) 14. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health and Environment,Water Quality Control Division. (Department of Public Health and Environment) O. The applicant shall comply with the General Rules for Child Care Facilities issued by the Colorado Department of Human Resources,Division of Child Care.(Department of Planning Services) P. The historical flow patterns and run-off amounts will be maintained on site in such a manner that will reasonably preserve the natural character of the area and not prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and /or unplanned ponding of storm run-off. (Department of Public Works) 17. The screening and landscaping on site shall be maintained in accordance with the approved Landscape/Screening Plan. (Department of Planning Services) 18. On-site lighting, including security lighting, if applicable, shall be shielded so that beams or rays of light will not shine directly onto adjacent properties and shall comply with the Weld County Code. (Department of Planning Services) 19. A building permit shall be obtained prior to the construction of any new building. The type of construction,fire-resistive protection,building size and height and occupancy classifications will be reviewed when the plans and specifications are submitted. (Department of Building Inspecting) 20. 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 when applying for each permit. Include a Code Analysis Data sheet provided by the Weld County Building Department with each Building permit application. (Department of Building Inspecting) 21. Buildings 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: 2003 International Building Code; 2003 International Mechanical Code; 2003 International Plumbing Code; 2003 International Fuel Gas Code; and the 2005 National Electrical Code and Chapter 29 of the Weld County Code.(Department of Building Inspecting) 22. The office 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 Inspecting) 23. The building will be classified as A-3 (Church)and E(Educational)occupancy.This building will be required to have an automatic fire sprinkler system. Fire resistance of walls and openings, construction requirements, maximum building height and allowable areas will be reviewed at the plan review. Setback and offset distances shall be determined by Chapter 23 of the County Code. (Department of Building Inspection) 24. Building height shall be measured in accordance with the 2003 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 Inspecting) 25. Hours of operation shall be from 6:30 a.m.to 6:30 p.m. Monday thru Saturday and 9:00 a.m. to 9:00 p.m. on Sunday with extended hours on Wednesday to 9:00 p.m. (Department of Planning Services) 26. Dust suppressant shall be placed in front of the residence at 7812 County Road 17, for approximately 300 feet. Both points of ingress or egress to the Church facility should be dust abated also.The dust suppressant[magnesium chloride or calcium chloride]shall be placed 8 no less than twice a year or more often as designated by the Weld County Public Works Department, Grader Division Supervisor. (Department of Public Works) 27. 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) 28. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 29. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 30. Weld County Government Personnel 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. 31. 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. 32. 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 Tom Holton. VOTE: For Passage Against Passage Absent Roy Spitzer Erich Ehrlich Bruce Fitzgerald Chad Auer Tom Holton Doug Ochsner James Welch Paul Branham Mark Lawley 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 October 17, 2006. Dated the 17`"day of October, 2006. May Donita May Secretary 9 ZOOto SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, October 17, 2006 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 Vice Chair,Doug Ochsner, at 1:30 p.m. ROLL CALL ABSENT 7 -, Chad Auer- Chair Doug Ochsner-Vice Chair Paul Branham = Erich Ehrlich Bruce Fitzgerald Tom Holton r,.,) Roy Spitzer James Welch Mark Lawley Also Present: Kim Ogle, Jacqueline Hatch, Chris Gathman, Michelle Martin, Department of Planning; Don Carroll, Jesse Hein, Department of Public Works; Char Davis, Environmental Health Department; Cyndy Giauque, County Attorney; Voneen Macklin, Recording Secretary The summary of the last regular meeting of the Weld County Planning Commission held on October 3,2006, was approved as read. The following cases are on the Consent Agenda: 1. CASE NUMBER: AmUSR-1508 APPLICANT: Longmont Broadcasting LLC PLANNER: Chris Gathman LEGAL DESCRIPTION: Lot B of RE-3507; Pt N2 of Section 33, T2N, R67W of the 6th P.M., Weld County, Colorado. REQUEST: A Site Specific Development Plan and Amended Special Review Permit for two communication transmission towers (two guyed broadcast towers approximately 1,459 feet, an increase from the previously approved height of 1,180 feet, with support buildings) in the A(Agricultural)Zone District. LOCATION: East of and adjacent to CR 17; south of and adjacent to CR 16. 2. CASE NUMBER: USR-1572 APPLICANT: Suncor Energy PLANNER: Kim Ogle LEGAL DESCRIPTION: Lot A of AmRE-2918; being part of the NW4 of Section 20, T2N, R66W of the 6th P.M., Weld County, Colorado. REQUEST: Site Specific Development Plan and Special Review Permit for a Mineral Resource Development Facility including an Oil and Gas Storage Facility in the A (Agricultural)Zone District. LOCATION: South of and adjacent to CR 20; 1/4 mile east of SH 85. 3. CASE NUMBER: USR-1574 APPLICANT: New Hope Family Christian Church PLANNER: Kim Ogle LEGAL DESCRIPTION: Lot A of RE-4300 being part of the N2 NW4 of Section 28, T2N, R67W of the 6th P.M., Weld County, Colorado. REQUEST: Site Specific Development Plan and a Special Review Permit for a church, childcare center, and private school in the A (Agricultural)Zone District. a' LOCATION: South of and adjacent to CR 18 and east of and adjacent to CR 4. CASE NUMBER: USR-1575 APPLICANT: Marilyn Taylor PLANNER: Jacqueline Hatch LEGAL DESCRIPTION: Lot B of RE-4053 being part of the NW4 of Section 32, T2N, R65W of the 6th P.M., Weld County, Colorado. REQUEST: Site Specific Development Plan and a Special Review Permit for a use similar to the uses listed as Use by Special Review as long as the use complies with the general intent of the A(Agricultural) Zone District(Assisted Living Residence) in the A(Agricultural) Zone District. LOCATION: South of and adjacent to CR 16 and approximately one mile west ofCR41. 5. CASE NUMBER: USR-1576 APPLICANT: Scott Deemer PLANNER: Jacqueline Hatch LEGAL DESCRIPTION: Part SW4 SE4 of Section 32, T2N, R68W of the 6th P.M., Weld County, Colorado. REQUEST: Site Specific Development Plan and a Special Review Permit for any use permitted as a use by right, an accessory use, or use by special review in the Commercial or Industrial Zone District (Office and Storage of Landscape Materials) in the A (Agricultural)Zone District. LOCATION: North of and adjacent to State Highway 52; approximately 0.5 mile west of CR 5. Roy Spitzer moved to approve the Consent Agenda. Tom Holton seconded. Motion carried. The following case will be heard: 6. CASE NUMBER: 2006-XX APPLICANT: Newby Farms LLC PLANNER: Michelle Martin LEGAL DESCRIPTION: Part of the S2 of Section 33, T3N, R68W of the 6th P.M., Weld County, Colorado. REQUEST: Petition for inclusion into the Mixed Use Development Area of Unincorporated Weld County, Changes to Chapter 22 (Comprehensive Plan)and Chapter 26 (Mixed Use Development Plan Structural Land Use Map 2.1). LOCATION: North of and adjacent to CR 26; east of and adjacent to CR 5. Michelle Martin, Department of Planning Services, presented Case 2006-XX, Newby Farms LLC, reading the comments and recommendations into the record. The Department of Planning Services recommended approval of the application. Ms. Martin stated the applicants have applied for a petition for inclusion into the Mixed Use Development Area of Unincorporated Weld County. Changes to Chapter 22 (Comprehensive Plan)and Chapter 26 (Mixed Use Development Plan Structural Land Use Map 2.1). The property is located North of and adjacent to County Road 26 and east of and adjacent to County Road 5. There are two criteria for review of this amendment to Chapters 22 and 26 Map#2.1: Structural Land Use Map. The property in question is not located within the Mixed Use Development (MUD) area. Inclusion into MUD would allow the applicants the opportunity to propose an urban scale development in an area that can obtain adequate services. The proposed subdivision would include 600 single family residences utilizing St. Vrain Sanitation and Longs Peak Water. The applicants have examined the goals and policies of the MUD and have committed to provide 65 acres of open space. The applicants have discussed the need for appropriate pedestrian circulation within the site and have committed to meet these needs. The application states that the goal in creating this subdivision rests in the ability to create a mixture of residential land uses with both passive and active recreational uses. The proposed site lies within Longmont's Intergovernmental Agreement area. The City of Longmont at their September 12, 2006 City Council meeting decided not to annex the property in question. To be consistent with Section 22-2-100 of the Weld County Code, urban scale residential development must occur within either an IGA boundary or Hello