HomeMy WebLinkAbout20061473.tiff RESOLUTION OF THE WELD COUNTY PLANNING COMMISSION
Moved by Mike Miller 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-1548
APPLICANT: Artistic Fire LLC
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Part of the NW4 of Section 8, Ti N, R61W of the 6th P.M., Weld County,
Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for a Use
by Right, Accessory Use or Use by Special Review in the Commercial or
Industrial Zone District (Display Fireworks Storage) in the A (Agricultural)
Zone District.
LOCATION: East of and adjacent to CR 87; '/ mile south of SH 52.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Department of Planning Services'staff 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 22-2-60.6.1 allows for commercial
and industrial uses to locate in the Agricultural Zone District when the impact to surrounding
properties is minimal, and where adequate services and infrastructure are available. The
Development Standards, Conditions of Approval, and Operation Standards will effectively
mitigate any adverse impacts to surrounding areas.
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 of the Weld County Code provides for Uses by Right,
Accessory Uses,or Uses by Special Review in the Commercial and Industrial Zone Districts
as a Use by Special Review in the A(Agricultural)Zone District.
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. The site is located adjacent to State Highway 52 to the North.
County Road 87, is adjacent to the West and provides vehicular access to the property. An
established residential-agricultural community exists in each direction. Large parcel lands
are common. The Homestead Grange Hall is located on the subject property adjacent to CR
87 north of the property's access road. Existing single family residences are located
approximately 1000 feet to the south of the site. Other habitable structures are located at
greater distances. The Conditions of Approval, Development Standards, and Operation
Standards will effectively mitigate any adverse impacts to surrounding areas.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The proposed Use by Special Review is not located within an existing Urban
Growth Boundary, Intergovernmental Agreement Area, or three mile referral area to a
municipality.
E. Section 23-2-220.A.5—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),and 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)
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F. Section 23-2-220.A.6--The applicant has demonstrated a diligent effort to conserve prime = le
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Resolution USR-1548
Artistic Fire LLC
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agricultural land in the locational decision for the proposed use. The entire parcel is located
on land designated as "Prime", "Prime if Irrigated" and "Other" land according to the 1979
USDA-Soil Conservation Service Important Farmlands of Weld County map. The 7000 SF
lease area associated with this application appears to be located on lands designated as
other and is south of the existing center pivot. The remainder of the parcel (approximately
159 acres)will remain available for agricultural purposes.
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 Department of Planning Services'staff 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. All sheets shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
2. All sheets shall be labeled USR-1548 (Department of Planning Services)
3. The Development Standards associated with this application. (Department of
Planning Services)
4. The approved Fencing and Screening Plan. (Department of Planning Services)
5. County Road 87 is classified by the County as a local gravel road,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)
6. State Highway 52 requires 200 feet right-of-way at full build out. A total of 100 feet
from the centerline of State Highway 52 shall be delineated right-of-way on the plat.
(Colorado Department of Transportation)
B. The access width requirements for emergency equipment(fire department)are a minimum
of 20 feet. The applicant indicated that the fire department and emergency services have
approved that the width and weight capacity of the access lane. The applicant shall provide
documentation to that effect to the Department of Planning Services and Department of
Public Works. (Department of Public Works)
C. The applicant shall submit evidence that the proposed internal access road from County
Road 87 to the storage facility and the internal driveway and parking area meets or exceeds
the requirements of all emergency responders. The applicant shall provide documentation
to that effect to the Department of Planning Services and Department of Public Works.
(Department of Public Works)
D. The applicant/property owner shall request a field inspection by the Code Compliance officer
or their planner to determine that the elements associated with the Non-Commercial
Junkyard have been removed or effectively screened from adjacent properties. Written
evidence of compliance shall be submitted to the Department of Planning Services.
(Department of Planning Services)
E. The applicant shall enter into a Private Improvements Agreement according to policy
Resolution USR-1548
Artistic Fire LLC
Page 3
regarding collateral for improvements and post adequate collateral for transportation and
non-transportation requirements. The agreement and form of collateral shall be reviewed by
County Staff and accepted by the Board of County Commissioners prior to recording the plat.
The applicant may also make all required improvements prior to recording the plat without
the requirement of collateral. (Department of Planning Services)
F. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services. (Department of Planning Services)
2. Upon completion of 1.above the applicant shall submit a Mylar plat along with all other documentation
required as Conditions of Approval.The Mylar plat shall be recorded in the office of the Weld County
Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat
and additional requirements shall be submitted within sixty (60) days from the date of the Board of
County Commissioners resolution. The applicant shall be responsible for paying the recording fee.
(Department of Planning Services)
3. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Use by Special Review. Acceptable CAD formats are.dwg, .dxf,and .dgn(Microstation); acceptable
GIS formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format type is .e00.
The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be
sent to maps@co.weld.co.us. (Department of Planning Services)
4. Prior to operation:
A. The applicant shall address the requirements of the Department of Building Inspection as
stated in their referral received February 23, 2006. Evidence of such shall be submitted in
writing to the Department of Planning Services. (Department of Building Inspection)
B. The applicant shall submit evidence that a License for Display Fireworks has been obtained
from the Denver Colorado office of Alcohol,Tobacco and Firearms(ATF). Evidence of such
shall be submitted in writing to the Department of Planning Services. (Department of
Planning Services)
5. 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)
6. 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 shall be added for each additional 3
month period. (Department of Planning Services)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Artistic Fire LLC
USR-1548
1. The Site Specific Development Plan and Special Review Permit for a Use by Right, Accessory Use
or Use by Special Review in the Commercial or Industrial Zone District(Display Fireworks Storage)
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 applicant shall utilize the existing residential/grange facility access to the proposed USR site.
(Department of Public Works)
4. The extended access shall be a graded and drained road to provide the all-weather access to the
proposed USR site. The access and circulation pattern shall be surfaced with gravel. (Department
of Public Works)
5. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it
will reasonably preserve the natural character of the area and 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. Consideration of storm water capture/quantity and provide accordingly for
best management practices. (Department of Public Works)
6. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-
100.5, C.R.S.,as amended)shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination. (Department of Public Health and Environment)
7. 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)
8. 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)
9. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment)
10. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as
delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment)
11. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance with
product labeling. (Department of Public Health and Environment)
12. 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)
13. 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)(Department of Planning
Services)
14. 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)
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15. Screening and fencing on site shall be maintained in accordance with the approved Screening Plan.
(Department of Planning Services)
16. The operation shall comply with the rules and regulations of the Alcohol Tobacco and Firearms(ATF)
License for Display Fireworks. (Department of Planning Services)
17. Transportation of fireworks shall adhere to the regulations governed by the Colorado Department of
Transportation. (Department of Planning Services)
18. The facility is limited to two portable structures. One is a commercially manufactured ATF approved
Type 2 portable skid explosives magazine. The second structure is a portable Type 4 magazine
which is a semi-trailer with wheels removed as approved by the ATF. (Department of Planning
Services)
19. Should noxious weeds exist on the property or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds,
pursuant to Section 15-1-180, Articles I and II. (Department of Planning Services)
20. A building permit shall be obtained prior to the construction or setting of the portable magazines.
(Department of Building Inspection)
21. 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. In lieu of stamped prints, the
manufacturer's specifications of the portable buildings may be submitted.Two complete sets of plans
are required when applying for each permit. Building plans shall also be submitted to the South West
Weld Fire District. (Department of Building Inspection)
22. 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 2002 National Electrical Code and Chapter 29 of the Weld County Code.
(Department of Building Inspection)
23. The magazines will be classified as follows: H (storage of fireworks) Distances to lot lines and
inhabited buildings shall be as set forth in table 415.3.1 of the 2003 International Building. Setback
and offset distances shall be determined by the Weld 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 Inspection)
25. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
26. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
27. Personnel from 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.
28. 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.
29. 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 Roy Spitzer.
VOTE:
For Passage Against Passage Absent
Michael Miller
Roy Spitzer
Erich Ehrlich
Bruce Fitzgerald
Chad Auer •
Tom Holton
Doug Ochsner
James Welch
Paul Branham
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 April 18, 2006.
Dated the 181h of April, 2006.
Done
Secretary
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday,April 18, 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, Bruce
Fitzgerald, at 1:35 p.m.
ROLL CALL
Michael Miller
Bruce Fitzgerald
Tom Holton
Chad Auer
Doug Ochsner
James Welch Absent
Roy Spitzer
Erich Ehrlich
Paul Branham . •
Also Present: Bruce Barker, Brad Mueller, Kim Ogle, Sheri Lockman, Chris Gathman, Jacqueline Hatch,
David Bauer, Peter Schei, Drew Scheltinga, Donald Carroll, Pam Smith, Char Davis.
The summary of the last regular meeting of the Weld County Planning Commission held on April 4,2006,was
approved as read.
Consent items:
-- 1. CASE NUMBER: USR-1548
APPLICANT: Artistic Fire LLC
PLANNER: Kim Ogle
LEGAL DESCRIPTION: NW4 of Section 8, Ti N, R61W of the 6th P.M., Weld County,
Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for
a Use by Right, Accessory Use or Use by Special Review in the
Commercial or Industrial Zone District(Display Fireworks
Storage) in the A(Agricultural)Zone District.
LOCATION: East of and adjacent to CR 87; 0.5 mile south of SH 52.
The Chair asked if the applicant was present and if he wished to remain on the consent agenda. The
applicant confirmed that that he did.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
2. CASE NUMBER: AmUSR-1476
APPLICANT: Fusaro LLC
PLANNER: Michelle Martin
LEGAL DESCRIPTION: Lot 4 of Althen Boyer Subdivision, part SW4 Section 23, Ti N,
R68W of the 6th P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for
a business (commercial junkyard or salvage yard, the leasing
and sales of vehicles and equipment, and vehicle service/repair)
in the C-3 (Commercial)Zone District.
LOCATION: East of and adjacent to CR 9 and north of CR 6.
The Chair asked if the applicant was present and if he wished to remain on the consent agenda. The
EXHIBIT
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applicant's attorney confirmed that he did.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
3. CASE NUMBER: MF-1069
APPLICANT: David & Susanne Schwind
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot A of RE-2651; being part NW4 of Section 4, T3N, R68W of
the 6th P.M., Weld County, Colorado.
REQUEST: Minor Subdivision Final Plat for four(4) residential lots, The
Highlands,with Estate Zoning.
The Chair asked if the applicants were present and if they wished to remain on the consent agenda. The
applicant's confirmed that they did.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Mike Miller moved that Cases USR-1548,AmUSR-1476 and MF-1069, be forwarded to the Board of County
Commissioners along with the Conditions of Approval and Development Standards with the Planning
Commissions recommendation of approval. Tom Holton seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Roy
Spitzer, yes; Michael Miller, yes; Erich Ehrlich, yes; Tom Holton, yes; Chad Auer, yes; Doug Ochsner, yes;
Paul Branham, yes; Bruce Fitzgerald, yes. Motion carried unanimously.
A short recess was called due to technical difficulties with technical equipment. Meeting reconvened at 1:50
p.m.
Specific time for public input has been set aside for discussion on the following items:
4. CASE NUMBER: PZ-1082
APPLICANT: Kiteley Farms, LLLP
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Lot B of RE-843; Pt NW4 of Section 27, T3N, R68W of the 6th
P.M., Weld County, Colorado.
REQUEST: Change of Zone from A(Agriculture) to PUD (Planned Unit
Development)for 429 residential lots, open space and continuing
oil and gas production (Kiteley Ranch at Foster Lake)
LOCATION: South of and adjacent to Highway 66 and east of and adjacent to
CR 7.
Sheri Lockman,Department of Planning Services. This case was continued from the March 7,2006 Planning
Commission hearing date at the request of the applicant with the support of planning staff to allow the
applicant additional time to address concerns raised by referral agencies
Kiteley Farms, LLLP c/o Jerry Eckelberger, Longs Peak Investors, LLC have applied for a Change of Zone
from Agricultural to PUD for 429 residential lots, open space and continuing oil and gas production.
The signs announcing the Planning Commission hearing were posted March 31, 2006 by Planning Staff and
are evidenced by photograph and affidavit.
The proposed Kiteley Ranch at Foster Lake PUD is located south of and adjacent to State Highway 66 and
east of and adjacent to County Road 7. The Town of Mead has annexed properties to the east, west and
north. Liberty Ranch is to the west and Mead Crossing is planned to the east. Liberty Ranch is presently
under construction.
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