HomeMy WebLinkAbout20070712.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-1578
APPLICANT: Shawn Sarchet
PLANNER: Michelle Martin
LEGAL DESCRIPTION: Lot A of RE-1920; being part of N2 of the NW4 of Section 21, T3N, R66W of the
6th P.M., Weld County, Colorado
REQUEST: Site Specific Development Plan and a Special Review Permit for a business permitted as a
use by right or accessory use in the Commercial or Industrial Zone District (conference center, weddings,
wedding receptions, wedding seminars, meetings, life celebrations, reunions, bridal showers, baby
showers, bar mitzvahs, music recitals, wakes and community gatherings) in the A(Agricultural)Zone
District.
LOCATION: South of and adjacent to CR 32; east of and adjacent to CR 29.
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 22-2-60 (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." Application materials indicate that the site can
support the proposed use. Conditions of Approval and Development Standards
ensure that a reasonable attempt will be made to be compatible with the region.
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 business permitted as a use by right or accessory use in the
Commercial or Industrial Zone District (conference center, weddings, wedding
receptions, wedding seminars, meetings, life celebrations, reunions, bridal
showers, baby showers, bar mitzvahs, bat mitzvahs, music recitals, wakes, and
community gatherings) 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 surrounding property to the north, south,
east and west is primarily agricultural with a few homes in the area. The
development standards and conditions of approval will ensure compatibility with sal properties. The Department of Planning Services has not received any
letters from surrounding property owners.
jm
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with m
future development of the surrounding area as permitted by the existing zoning g
2007-0712
Resolution USR-1578
Shawn Sarchet
Page 2
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
the three mile referral area of the Town of Platteville. The Town of Platteville in
their referral dated 10/10/06 indicated they have reviewed the request and find
no conflicts with their interests.
E. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld
County Code. 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)
(Department of Planning Services)
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.
The subject site is designated Prime if they become Irrigated by the 1979 USDA
Soil Conservation Services map. The lot consists of 7.4 acres and is too small to
be a viable farming operation in accordance with Section 22-2-60.1 of the Weld
County Code.
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 scheduling a Board of County Commissioners hearing:
A. The applicant has not delineated any on-site sign(s). If any on-site sign(s) are
desired the Department of Planning Services shall be notified in writing. If the
applicant does not notified the Department of Planning Services the sign shall
adhere to Section 23-4-90.A and .B of the Weld County Code. Further, the
location of the sign, if applicable shall be delineated on the USR plat.
(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
Resolution USR-1578
Shawn Sarchet
Page 3
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)
2. Prior to recording the plat:
A. All sheets of the plat shall be labeled USR-1578 (Department of Planning
Services)
B. The plat shall be amended to delineate the following:
1) The attached Development Standards. (Department of Planning
Services)
2) The approved Landscape/Screening Plan. All landscaping shall be
removed from County Road right-of-way.(Department of Planning
Services)
3) The location of all fire hydrants and one knox box as required by the
Platteville/Gilcrest Fire Protection District. (Platteville/Gilcrest Fire
Protection District)
4) Both access off of County Road 32 shall enter at a 90 degree angle.
(Department of Public Works)
5) County Road 32 is classified by the County as a collector road, which
requires 80 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. If
the right-of-way can not be verified, it shall be dedicated. The plat shall
delineate the existing right-of-way and the documents which created it
along with any additional right-of-way reservation required. (Department
of Public Works)
6) County Road 29 is classified by the County as a section line, which
requires 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. If
the right-of-way can not be verified, it shall be dedicated. The plat shall
delineate the existing right-of-way and the documents which created it
along with any additional right-of-way reservation required. (Department
of Public Works)
7) The off-street parking spaces including the access drive shall be surfaced
with asphalt, concrete, or the equivalent and shall be graded to prevent
drainage problems. The future (over flow) parking area may be grass or
gravel at this time. Each paved parking space shall be equipped with
wheel guards or curb stops where needed to prevent vehicles from
extending beyond the boundaries of the space and from coming into
contact with other vehicles, walls, fences, or plantings. (Department of
Public Works)
8) The applicant shall delineate all loading zones on the plat. (Department of
Planning Services)
Resolution USR-1578
Shawn Sarchet
Page 4
9) 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 this facility shall be ninety eight (98) spaces, of
which four (4) shall be a van accessible handicapped parking stall
meeting all of the requirements as set forth in the Americans with
Disabilities Act. Further, the applicant shall delineate curb stops for the
parking spaces shown on the USR plat. (Department of Planning
Services and Public Works)
10) 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 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)
11) Any approved signs, if applicable. (Department of Planning Services)
12) The plat shall be prepared in accordance with Section 23-2-260.D of the
Weld County Code. (Department of Planning Services)
13) Section 23-3-350.H of the Weld County Code addresses the issue of
trash collection areas. Areas used for storage or trash collection shall be
screened from adjacent 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. (Department of Planning Services)
14) Section 23-3-360.F of the Weld County Code addresses the issue of
on-site lighting, including security lighting if applicable. States "any
lighting ... shall be designed, located and operated in such a manner as
to meet the following standards: sources of light shall be shielded so that
beams or rays of light will not shine directly onto adjacent properties...."
(Department of Planning Services)
15) The applicant shall delineate a plant list to coincide with the Landscape
Plan. The list shall include how the plants will be maintained and
irrigated. (Department of Planning Services)
C. The applicant shall address the requirements (concerns) of the Weld County
Planning, Landscape as stated in the referral response dated 8/21/06. Evidence
of such shall be submitted in writing to the Weld County Department of Planning
Services. (Department of Planning Services)
D. The applicant shall enter into an Improvements Agreement according to policy
regarding collateral for improvements and post adequate collateral for all
required improvements. The agreement and form of collateral shall be reviewed
Resolution USR-1578
Shawn Sarchet
Page 5
by County Staff and accepted by the Board of County Commissioners prior to
recording the USR plat. The improvements agreement will not be needed if the
necessary improvements are done to the satisfaction of the Department of Public
Works and the Department of Planning Services. (Department of Planning
Services)
E. The applicant shall attempt to address the requirements (concerns) of
Platteville/Gilcrest Fire Protection District, as stated in the referral response
dated 9/27/06. Evidence of such shall be submitted in writing to the Weld
County Department of Planning Services. (Platteville/Gilcrest Fire Protection
District)
F. The applicant shall address the requirements (concerns) of the Farmers
Reservoir and Irrigation Company, as stated in the referral response dated
9/5/06. Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services. (Farmers Reservoir and Irrigation Company)
G. The applicant shall submit written evidence to the Weld County Department of
Planning Services from the Farmers Reservoir and Irrigation Company stating
that the 14 shares of water may be utilized for the ponds on site. (Department of
Planning Services)
H. The applicant shall submit a dust abatement plan for review and approval, to the
Environmental Health Services, Weld County Department of Public Health &
Environment. Evidence of such shall be submitted to the Weld County
Department of Planning Services. (Department of Public Health and
Environment)
I. The applicant shall provide current evidence that the facility has an adequate
water supply. A Permit to Construct a Well, Permit# 269841, has been
submitted with the application. Evidence of such shall be submitted to the Weld
County Department of Planning Services. (Department of Public Health and
Environment)
J. The water system shall comply with the Colorado Primary Drinking Water
Regulations (5 CCR 1003-1). Evidence shall be provided to the Weld County
Department of Public Health and Environment that the system complies with the
Regulations. Alternately, the applicant can provide evidence that they are not
subject to these requirements. Evidence of such shall be submitted to the Weld
County Department of Planning Services. (Department of Public Health and
Environment)
K. 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 Department of Public Health and
Environment 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.
Resolution USR-1578
Shawn Sarchet
Page 6
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)
L. 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. Prior to Construction:
A. A stormwater 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. (Department of Public Health and Environment)
4. Prior to the Certificate of Occupancy:
A. An individual sewage disposal system is required for the proposed conference
center 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. (Department of Public Health and
Environment)
B. In the event the septic system(s) 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 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 that they are not subject to these requirements.
(Department of Public Health and Environment)
C. Any building plans shall be submitted to the Platteville/Gilcrest fire protection
district for approval. (Platteville/Gilcrest fire protection district)
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 23-2-260.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
Resolution USR-1578
Shawn Sarchet
Page 7
Coverages and ArcInfo 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)
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 the
Board of County Commissioners resolution was signed a $50.00 recording
continuance charge may be added for each additional 3 month period. (Department of
Planning Services)
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 November 21, 2006.
Dated the 21st of November, 2006.
Donita lA
Secretary
2Lc&&
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, November 21, 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
Chad Auer-Chair
Doug Ochsner-Vice Chair
Paul Branham
Erich Ehrlich
Bruce Fitzgerald
Tom Holton
Roy Spitzer
James Welch
Mark Lawley
Also Present: Bruce Barker, Kim Ogle, Brad Mueller, Michelle Martin, Don Carroll, Char Davis, Donita May.
The summary of the last regular meeting of the Weld County Planning Commission held on November 7,
2006, was approved as read.
1. CASE NUMBER: USR-1578
APPLICANT: Shawn Sarchet
PLANNER: Michelle Martin
LEGAL DESCRIPTION: Lot A of RE-1920; being part of N2 of the NW4 of Section
21, T3N, R66W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and a Special Review
Permit for a business permitted as a use by right or
accessory use in the Commercial or Industrial Zone District
(conference center, weddings, wedding receptions,
wedding seminars, meetings, life celebrations, reunions,
bridal showers,baby showers,bar mitzvahs,music recitals,
wakes and community gatherings) in the A (Agricultural)
Zone District.
LOCATION: South of and adjacent to CR 32; east of and adjacent to
CR 29.
Michelle Martin, Dept of Planning Services, said Planning was recommending approval of Case USR-1578
and asked that it remain on the consent agenda.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Joseph Engels, Design Associates, 2521 W 4th St, Greeley, CO 80631, applicant's representative, agrees
with this case remaining on the consent agenda.
Doug Ochsner moved that Case USR-1578, 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. Tom Holton seconded the motion. Motion carried.
The Chair called for Case USR-1581 to be heard.
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Kim Ogle, Department of Planning, said they had received three letters in opposition and left the decision of
whether to leave or remove Case USR-1581 from the consent agenda to the Planning Commission.
The Chair asked if there was anyone in the audience who wished to speak for or against this application ran
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