HomeMy WebLinkAbout20070675.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: CZ-1132
APPLICANT: Front Range Village LLC
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Part of the SE4 SE4 SW4 of Section 7, T3N, R66W of the 6th P.M., Weld
County, Colorado.
REQUEST: Change of Zone from R-5 (Mobile Home Residential)Zone District to C-3
(Business Commercial)Zone District.
LOCATION: West of and adjacent to SH 85 and north of and adjacent to CR 34.
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 23-2-50 of the
Weld County Code.
2. The submitted materials are in compliance with Section 23-2-30 of the Weld County Code,as follows:
A. Section 23-2-30.A.1. -That the proposal is consistent with Chapter 22 of the Weld County.
Section 22-2-170.A.C.Goal 1 states "Urban commercial uses will be encouraged 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." Section 22-2-
110.B.UGB.Goal 2 states "Concentrate urban development in or adjacent to existing
municipalities, an approved intergovernmental agreement, the Mixed Use Development
areas, urban growth boundary areas, urban development nodes, or where urban
infrastructure is currently available or reasonably obtainable."The site is located within the
Intergovernmental Agreement Area for the Town of Platteville and is proposing to utilize
North Weld County Water District and an Individual Sewage Disposal System.
B. Section 23-2-30.A.2. -The uses which would be allowed on the subject property by granting
the change of zone will be compatible with the surrounding land uses.
The property is located west of and adjacent to State Highway 85 and north of and adjacent
to County Road 34. The property to the East and West is zoned Agricultural. Union Pacific
Railroad is located East of State Highway 85. The property to the South is located with the
Town of Platteville and currently being farmed. The property to the North is zoned C-3 and is
being utilized for commercial uses (Z-124 in 1976 and Z-76 in 1966).
The site is located within the Intergovernmental Agreement Area with the Town of Platteville
and the three mile referral area of the Towns of Gilcrest, and Milliken. The Town of
Platteville originally noted on the Notice of Inquiry form dated April 13, 2006 that Platteville
desires to see the property developed through the Town. In a follow up letter dated July 3,
2006 it is the Town's desire for the property to develop through Weld County. The Town of
Platteville in their referral dated November 20, 2006 stated they have no concerns with this
application. The Towns of Gilcrest and Milliken in their referrals dated October 31,2006 and
October 23,2006 state that the property is not located within their Planning Areas and or their
Urban Growth Boundary and have no conflicts with this application. The site currently has
four mobile homes, three RV's, one stick built home that is vacant, a few outbuildings and
some derelict vehicles. Conditions of approval require that the existing improvements on site
be removed from the site prior to recording the plat.
A Site Plan Review will be required for any commercial use that is proposed on the site.
Items addressed through the Site Plan Review include, but are not limited to, number of
employees, building construction, signage, landscape treatment, drainage, parking, outside
EXHIBIT
2007-0675 1
C2 .1113d-
Resolution CZ-1132
Front Range Village LLC
Page 2
storage, loading service areas and environmental criteria. The Site Plan Review will further
ensure compatibility with surrounding land uses.
C. Section 23-2-30.A.3.-Adequate water and sewer service can be made available to the site to
serve the uses permitted within the proposed zone district. The site is currently utilizing
Central Weld County Water District and Individual Sewage Disposal Systems. The existing
septic systems on site will need to be properly abandoned
D. Section 23-2-30.A.4. - Street or highway facilities providing access to the property are
adequate in size to meet the requirements of the proposed zone districts. The site is
accessed from County Road 34 and the frontage road along the West side of State Highway
85. In the referral from the Colorado Department of Transportation (CDOT)dated October
23, 2006 states that the proximity of the frontage road to State Highway 85 is too close and
increasing traffic to the frontage road proposes a safety risk. CDOT would rather see this
frontage road go away completely, and access to the development come by way of County
Road 34.The applicant is being required to submit evidence that all CDOT requirements and
concerns will be addressed prior to recording the plat.
E. Section 23-2-30.A.5.- In those instances where the following characteristics are applicable to
the rezoning request, the applicant has demonstrated compliance with the applicable
standards:
1) Section 23-2-30.A.5.a. - The proposed Change of Zone does lie within the
Intergovernmental Agreement Area for the Town of Platteville.
2) Section 23-2-30.A.5.b.-The site is too small to warrant mining of any gravel or sand
that that may be beneath the surface; the site is approximately 5 acres.
3) Section 23-2-30.A.5.c. - Soil conditions on the site are not such that they present
moderate or severe limitations to the construction of structures of facilities proposed
for the site.
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 Change of Zone from R-5 (Mobile Home Residential)) to C-3 Business Commercial) is conditional
upon the following:
1. Prior to recording the Change of Zone plat:
A. The applicant shall provide evidence to the Department of Planning Services that the
applicant shall provide evidence to the Department of Planning Services that all mobiles
homes, except one, the RV's, and vehicles on site have been removed. (Department of
Planning Services)
B. The applicant shall address the requirements (concerns) of the Weld County Building
Department as stated in the referral response dated November 20,2006. Written evidence
of approval shall be submitted to the Department of Planning Services. (Department of
Building Inspection)
C. The applicant shall address the requirements (concerns) of the Colorado Department of
Transportation,as stated in the referral response dated October 23,2006. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
Resolution CZ-1132
Front Range Village LLC
Page 3
D. The applicant shall address the requirements (concerns) of the Platteville / Gilcrest Fire
Protection District, as stated in the referral response dated October 31, 2006. Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
E. The applicant shall address the requirements(concerns)of the Weld County Department of
Public Health and Environment as stated in the referral response dated December 1, 2006.
Written evidence of approval shall be submitted to the Department of Planning Services.
(Department of Building Inspection)
F. 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
of written approval 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)
2. The plat shall be amended to delineate the following:
A. All pages of the plat shall be labeled CZ-1132 (Department of Planning Services)
B. The plat shall adhere to Section 23-2-50.C and D of the Weld County Code. (Department of
Planning Services)
D. The boundary(perimeter) of the proposed change of zone shall be shown distinctly on the
Change of Zone plat. (Department of Planning Services)
E. Easements shall be shown in accordance with County standards and shall be dimensioned
on the Change of Zone plat. (Department of Planning Services, Department of Public
Works)
F. State Highway 85 is designated on the Weld County Road Classification Plan as a State
Highway. The applicant shall coordinate with CDOT the requirements for right-of-way and
access on State Highway 85 and provide a letter of confirmation to the Departments of Public
Works and Planning Services. The applicant, on the Change of Zone plat, shall show and
label the right-of-way recognized by CDOT. This State Highway is paved. (Department of
Public Works)
G. County Road 34 is designated on the Weld County Road Classification Plan as local gravel
road,which requires 60 feet of right-of-way at full build out.There is presently 60 feet of right-
of-way. A total of 30 feet from the centerline of County Road 34 shall be delineated on the
plat as right-of-way. This road is under the jurisdiction and maintained by the Town of
Platteville (Department of Public Works)
H. The Weld County's Right to Farm shall be placed on the plat. (Department of Planning
Services)
Resolution CZ-1132
Front Range Village LLC
Page 4
The following notes shall be delineated on the Change of Zone plat:
1. The Change of Zone allows for C-3(Business Commercial)uses which shall comply
with the C-3 Zone District requirements as set forth in Section 23-3-230 of the Weld
County Code. (Department of Planning Services)
2. The operation shall comply with all applicable rules and regulations of the State and
Federal agencies and the Weld County Code. (Department of Planning Services)
3. The site shall maintain compliance at all times with the Performance Standards listed
in Section 23-3-250 of the Weld County Code. (Department of Planning Services)
4. The site shall maintain compliance at all times with the Design Standards listed in
Chapter 24, Article VII of the Weld County Code, if applicable. (Department of
Planning Services)
5. Any future structures or uses on site must obtain the appropriate zoning and building
permits. (Department of Planning Services)
6. The applicant shall adhere to all Site Plan Review requirements, as defined in
Chapter 23, Division 3 of the Weld County Code. (Department of Planning Services)
7. At the time of the Site Plan Review, roadway and grading plans along with
construction details will be required. (Department of Public Works)
8. At the time of the Site Plan Review, a drainage report signed by a professional
engineer, licensed in the state of Colorado, may be required to be submitted to the
Weld County Department of Public Works. (Department of Public Works)
9. Building permits shall be obtained prior to the construction of any new building. A
plan review is required for each building. 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. (Department of Building Inspection)
10. Each building 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)
11. 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, 2002 National Electrical Code and Chapter 29 of the
Weld County Code. (Department of Building Inspection)
12. The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District as delineated in 25-12-103, C.R.S. (Department of Public
Health and Environment)
13. At the time of the Site Plan Review, the Colorado Department of Transportation will
determine if any existing/proposed accesses will be allowed onto State Highway 85.
(Department of Planning Services and the Colorado Department of Transportation)
14. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and
Resolution CZ-1132
Front Range Village LLC
Page 5
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)
15. 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)
16. Waste materials shall be handled, stored, and disposed in a manner that controls
fugitive dust, blowing debris, and other potential nuisance conditions. (Department
of Public Health and Environment)
17. Fugitive dust shall be controlled on this site. (Department of Public Health and
Environment)
18. All septic systems located on the property shall be properly abandoned in
accordance with Section 30-7-70. (Department of Public Health and Environment)
19. An individual sewage disposal system is required for the proposed facility and shall
be installed according to the Weld County Individual Sewage Disposal Regulations.
(Department of Public Health and Environment)
20. 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)
21. In the event washing of vehicle will occur on site the applicant shall ensure that any
vehicle washing area(s) shall capture all effluent and prevent discharges from the
washing of vehicles in accordance with the Rules and Regulations of the Water
Quality Control Commission, and the Environmental Protection Agency.
(Department of Public Health and Environment)
22. The applicant shall submit evidence of an Underground Injection Control(UIC)Class
V Injection Well permit from the Environmental Protection Agency (EPA) for any
vehicle maintenance facility located on the site that is equipped with a floor drain.
Alternately, the applicant can provide evidence from the EPA that they are not
subject to the EPA Class V requirements. (New EPA rule effective 4/5/2000).
(Department of Public Health and Environment)
24. 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)
25. 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)
26. 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)
Resolution CZ-1132
Front Range Village LLC
Page 6
27. 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.
J. 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)
3. 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 23-2-260.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)
4. The Change of Zone plat map shall be submitted to the Department of Planning Services' for
recording within thirty(30)days of approval by the Board of County Commissioners.With the Change
of Zone plat map,the applicant shall submit a digital file of all drawings associated with the Change of
Zone application. Acceptable CAD formats are .dwg, .dxf,and .dgn (Microstation); acceptable GIS
formats are .shp(Shape Files),Arclnfo Coverages and Arclnfo Export files format type is .e00. The
preferred format for Images is .tif(Group 4) ... (Group 6 is not acceptable). (Department of Planning
Services)
5. In accordance with Weld County Code Ordinance 2005-7 approved June 1,2005,should the plat not
be
recorded within the required thirty (30) days from the date the Board of County Commissioners
resolution a $50.00 recording continuance charge shall added for each additional 3 month period.
Motion seconded by Tom Holton.
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.
Resolution CZ-1132
Front Range Village LLC
Page 7
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 December 19,2006.
Dated the 19th day of December, 2006.
Donita
M1 y
Secretary
- /9- tv
.SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, December 19, 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 Chair, Chad
Auer, at 1:30 p.m.
ROLL CALL ABSENT _kJ —
Chad Auer- Chair
Doug Ochsner-Vice Chair
Paul Branham
Erich Ehrlich \J
Bruce Fitzgerald
Tom Holton
Roy Spitzer
James Welch
Mark Lawley
Also Present: Bruce Barker, Don Carroll,Jesse Hein,Trevor Jiricek,Char Davis,Pam Smith,Chris Gathman,
Jacqueline Hatch, Donita May.
The summary of the last regular meeting of the Weld County Planning Commission held on November 21,
2006, was approved as read.
1. CASE NUMBER: USR-1580
APPLICANT: Justin &Andrea Davis
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Part SW4 of Section 32, T12N, R60W of the 6th P.M., Weld
County, Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for
a home business (manufacturing steel frames for steel washers)
in the A(Agricultural)Zone District.
LOCATION: East of and adjacent to CR 99 and approx. 3/4 mile south of CR
136.
Chris Gathman, Department of Planning Services, said the applicant was unable to provide sufficient
notification due to illness and requested a continuance to the January 2,2007 Planning Commission hearing.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Doug Ochsner moved that Case USR-1580, be continued to the January 2, 2007 Planning Commission
hearing date. Bruce Fitzgerald seconded the motion.
Motion carried.
2. CASE NUMBER: CZ-1132
APPLICANT: Front Range Village LLC
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Part of the SE4 SE4 SW4 of Section 7, T3N, R66W of the 6th
P.M., Weld County, Colorado.
REQUEST: Change of Zone from R-5 (Mobile Home Residential)Zone
District to C-3 (Business Commercial)Zone District. m
LOCATION: West of and adjacent to SH 85 and north of and adjacent to CR
34. W � ~
Jacqueline Hatch, Department of Planning, said Front Range Village LLC do Larry Carroll with the Carroll
Group, had applied for a Change of Zone from the R-5 (Mobile Home Residential) Zone District to C-3
(Business Commercial)Zone District.
The sign announcing the planning commission hearing was posted on December 4, 2006 by staff.
The site is located west of and adjacent to State Highway 85 and north of and adjacent to CR 34.
The surrounding property to the east and west is zoned agricultural. Union Pacific Railroad is located east of
SH 85. The property to the south is located with the Town of Platteville and currently being farmed. The
property to the north is zoned C-3 and is being utilized for commercial uses(Z-124 in 1976 and Z-76 in 1966).
No letters had been received from surrounding property owners.
The site is located within the Intergovernmental Agreement Area with the Town of Platteville and the three mile
referral area of the Towns of Gilcrest and Milliken. The Town of Platteville originally noted on the Notice of
Inquiry form dated April 13,2006 that Platteville desires to see the property developed through the Town. In a
follow up letter dated July 3, 2006 it was the Town's desire for the property to develop through Weld County.
The Town of Platteville in their referral dated November 20, 2006 stated they had no concerns with this
application. The Towns of Gilcrest and Milliken in their referrals dated October 31, 2006 and October 23,
2006 state that the property was not located within their Planning Areas and or their Urban Growth Boundary
and had no conflicts with this application. The site currently has four mobile homes,three RV's,one stick built
home that is vacant, a few outbuildings and some derelict vehicles. Conditions of approval require that the
existing improvements on site be removed from the site prior to recording the plat.
A Site Plan Review application will be required for any commercial use that is proposed on the site. Items
addressed through the Site Plan Review application include, but are not limited to, number of employees,
building construction,signage, landscape treatment,drainage,parking,outside storage,loading service areas
and environmental criteria. The Site Plan Review will further ensure compatibility with surrounding land uses.
The site is currently utilizing Central Weld County Water District and Individual Sewage Disposal Systems.
The existing septic systems on site will need to be properly abandoned
The site is accessed from County Road 34 and the frontage road along the West side of State Highway 85. In
the referral from the Colorado Department of Transportation (CDOT) dated October 23, 2006 states that the
proximity of the frontage road to State Highway 85 is too close and increasing traffic to the frontage road
proposes a safety risk. CDOT would rather see this frontage road go away completely, and access to the
development come by way of County Road 34. The applicant is being required to submit evidence that all
CDOT requirements and concerns will be addressed prior to recording the plat.
Fourteen referral agencies reviewed this case,six referral agencies had no comments,five referral agencies
included conditions that have been attempted to be addressed through the development standards and
conditions of approval. No comments were received from the Weld County Sheriff's Office, Platte Valley Soil
Conservation District, and the Central Weld County Water District.
The Weld County Department of Planning Services was recommending this application be approved.
Bruce Fitzgerald asked if the site plan review would be an administrative task. Ms. Hatch said that it would.
Larry Carroll, the owner's agent, 132 North Fourth Av, Brighton, CO, said they currently held an active septic
permit and were in the process of updating it; abandonment of all of the improvements may not ultimately
happen as they wanted to use one of the existing mobile homes for a caretaker's residence. Chad Auer
asked if this would require a change in language. Ms. Hatch said the applicant was allowed to keep one
mobile home on the property for a caretaker in addition to the stick built building which could be utilized as
office space.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak. Public portion of the hearing was closed.
2
Pam Smith, Environmental Health Department,said page six, items twelve and eighteen were duplicates and
asked that item eighteen be removed.
Bruce Fitzgerald motioned to remove item eighteen from the Development Standards and Conditions of
Approval. Roy Spitzer seconded. Motion carried.
Paul Branham asked Ms. Hatch if page four, item 1A., needed to be amended to include the new language.
Ms. Hatch replied it should be changed to reflect that"the applicant shall provide evidence to the Department
of Planning Services that all mobiles homes,except one,the RV's,and vehicles on site have been removed."
Paul Branham motioned to amend page four, item I.A.to the language Ms. Hatch provided. Bruce Fitzgerald
seconded. Motion carried.
Doug Ochsner asked Ms. Hatch for clarification on whether this application would go before the Board of
County Commissioners. Ms. Hatch responded the Board of County Commissioners does not review SPR's,
they are reviewed administratively.
Roy Spitzer asked Pam Smith, Environmental Health Department, about the abandonment of existing septic
systems and what was involved. Ms. Smith replied they did not know how many septic systems were
presently on the site but she did not believe it had been an active mobile home park and that all septic
systems needed to be properly abandoned. The applicants could attach the one home allowed to a new
septic system. Ms. Smith referred to condition number nineteen which said that all septic systems located on
the property shall be properly abandoned in accordance with Section 30-7-70. She said they could add
language regarding whether the septic system stays,but she has not had a conversation with the applicant as
to what the proposed plan is for the property.
Doug Ochsner asked what her preferences were regarding the property. Ms.Smith said she preferred that all
existing septic systems be abandoned and that a new system be installed for the mobile home and the stick
built building, but it could be allowed to operate on the existing septic system if it were found to be operational.
The Chair asked Mr. Carroll if he was in agreement with the Development Standards and Conditions of
Approval. Mr. Carroll said he could not agree as he had not received a packet. The Chair outlined the two
changes for Mr. Carroll. Mr. Carroll then agreed to the Development Standards and Conditions of Approval
and said it was the owner's intent to put in a new system.
Roy Spitzer moved that Case CZ-1132, be forwarded to the Board of County Commissioners along with the
amendments to the Development Standards and Conditions of Approval with the Planning Commission's
recommendation of approval.
Tom Holton 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, yes; Mark Lawley, yes; Doug Ochsner, yes; Roy Spitzer,
yes; James Welch, yes; Chad Auer, yes.
Motion carried.
3. CASE NUMBER: USR-1585
APPLICANT: Union Pacific Railroad Company
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Part of E2 E2 SW4 of Section 7, T3N, R66W of the 6th P.M.,
Weld County, Colorado.
-- REQUEST: 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 (Vehicle sales
establishments) in the A(Agricultural)Zone District.
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