HomeMy WebLinkAbout20052975.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
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: 2nd AmPF-431
APPLICANT: DBM Consulting LLC & Lehigh Enterprises Acquisition Corp
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lots 4, 5, 6 & 7 Block 2 Western Dairymen Cooperative Section
10, T2N, R68W of the 6th P.M., Weld County, Colorado.
REQUEST: An Amendment to a PUD Final Plat Redesign -consolidating
Lots 4, 5, 6 & 7 of Block 2 into one (1) lot in the Western
Dairymen Cooperative PUD.
LOCATION: South of Hwy 119; approximately 1/4 mile east of CR 7.5.
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 27-7-30 of
the Weld County Code.
2. The request is in conformance with Section 27-7-40.C of the Weld County Code, as follows:
a. Section 27-7-40.C.1--That the proposal is consistent with Chapters 19, 22, 23, 24 and 26 of
the Weld County Code and any intergovernmental agreement in effect influencing the PUD.
The proposed 2nd Amended PUD Final Plan is consistent with all the applicable chapters of
the Weld County Code. There is an existing twenty foot (20') utility easement through the
center of Lots 4, 5,6 and 7 Block 2. There is an existing fifteen foot(15')utility easement on
the exterior property line and an existing ten foot (10') utility easement along the western
edge of the property. At the Utility Board hearing dated August 11,2005 the Board requested
that the applicant keep the twenty foot(20')easement through the center of Lots 4,5,6 and 7
Block 2 along with the fifteen foot(15')easement on the outside perimeter and the ten foot
(10')easement on the west side of the property in compliance with Section 24-7-60 and 27-9-
40 of the Weld County Code. The applicants will be required to obtain a written sign-off from
the utility service providers prior to recording the plat. The site is located within the Mixed
Use Development (MUD) area and will be developed to MUD standards at the time of Site
Plan Review. The property is not located in an IGA area but is located within three miles of
the City of Longmont, Town of Firestone, Town of Frederick, and the Town of Mead.
b. Section 27-7-40.C.2--That the uses which would be allowed in the proposed PUD will
conform with the performance standards of the PUD Zone District contained in Article II,
Chapter 27 of the Weld County Code. The proposal does not affect the performance
standards and/or the development standards as approved by the Board of County
Commissioners for the Western Dairymen Cooperative Final Plat on November 24, 1997.
The County is holding an on site Improvements Agreement for the sum of $150,136.95
recorded on January 21, 1998. The applicant will be responsible for an Improvements
Agreement on Lots 4, 5, 6 and 7 Block 2 of the Western Dairymen Cooperative.
c. Section 27-7-40.C.3 --That the uses which would be permitted will be compatible with the
existing or 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 or
master plans of affected municipalities. The Town of Mead,the Town of Frederick,and the
City of Longmont indicated in their referrals that they have no concerns. The Town of
Firestone did not respond to the referral. The proposal is to consolidate Lots 4, 5,6 and 7 of
Block 2 into one lot in the Western Dairymen Cooperative PUD at time of the Site PlardOMMOMM
Review. *n
d. Section 27-7-40.C.4-- That adequate water and sewer service will be made available to the g 1-1.site to serve the uses permitted within the proposed PUD in compliance with the performance
standards in Article II, Chapter 27 of the Weld County Code.The site is serviced by Left Hand (Cr
E
Water District and St. Vrain Sanitation District upon receipt of a tap fee agreement. �
2005-2975
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Resolution 2nd AmPF-431
DBM Consulting LLC & Lehigh Enterprises Acquisition Corp
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e. Section 27-7-40.C.5-- That street or highway facilities providing access to the property are
adequate in functional classification, width, and structural capacity to meet the traffic
requirements of the uses of the proposed PUD Zone District. The proposal does not affect
transportation facilities. The Department of Public Works indicated in their referral dated
August 25, 2005 that they have no comments or any disagreements with this application.
f. Section 27-7-40.C.6 - In the event the street or highway facilities are not adequate, the
applicant shall supply information which demonstrates the willingness and financial capacity
to upgrade the street or highway facilities in conformance with the Transportation Sections of
Chapters 22, 24 and 26, if applicable.The proposal does not affect transportation facilities as
per the Public Works referral dated August 25, 2005.
g. Section 27-7-40.C.7 -- That there has been compliance with the applicable requirements
contained in Chapter 23 of the Weld County Code regarding overlay districts, commercial
mineral deposits, and soil conditions on the subject site. Issues regarding overlay districts,
commercial mineral deposits, and soil conditions were addressed during the original Final
Plan, S-431 for Western Dairymen Cooperative.
Effective January 1, 2003, Building Permits issued on the proposed lot 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)
Effective August 1, 2005 Building Permits issued on the proposed lot will be required to
adhere to the fee structure of the County Stormwater/Drainage Impact Program. (Ordinance
2005-8, Section 5-8-40)
h. Section 27-7-40.C.8--/f compatibility exists between the proposed uses and criteria listed in
the development guide, and the final plan exactly conforms to the development guide. The
proposed PUD Final Plan uses are compatible with the criteria listed in the development
guide.
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 agencies.
The Planning Commission's recommendation for approval is conditional upon the following:
1. Prior to recording the PUD Final Plat:
a. The Amended Final Plat shall be prepared in accordance with Section 27-9-20 of the Weld
County Code. (Department of Planning Services)
b. The applicant shall submit to the Department of Planning Services written evidence of a
timeline for completion of the improvements for the Western Dairymen Cooperative.
(Department of Planning Services)
c. The plat shall be amended to include the following:
1. The approved open space Landscape/Screening Plan shall be shown on the plat.
(Department of Planning Services)
Resolution 2nd AmPF-431
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2. The applicant shall place the Certificate of Dedication Ownership and Maintenance:
Surveying Certificate, Certificate of Approval by the Planning Commission and
Certificate of Approval by the Board of County Commissioners on the 2n°Amended
Final Plat for Western Dairymen Cooperative. (Department of Planning Services)
3. All sheets of the plat shall be labeled 2n° AMPF-431. (Department of Planning
Services)
4. The applicant shall address the requirements(concerns)of the Utility Advisory Board
as stated in the meeting minutes from August 11, 2005. (Department of Planning
Services)
5. The applicant shall obtain a written sign-off from the utility providers prior to
recording the plat. The utility name and signature shall be on the plat in accordance
with Section 27-9-40.B of the Weld County Code. (Department of Planning Services
& Utility Advisory Board)
d. The Final Plat is conditional upon the following and each shall be placed on the Final Plat as
notes prior to recording:
1. This replat shall comply with the notes listed on the Western Dairymen Cooperative
PUD plat (S-431) recorded January 21, 1998 under reception #2590085 as listed
below. (Department of Planning Services)
a. The uses permitted within the PUD Final plan shall include a total of
nineteen lots and open space will comply with the PUD Zone District
requirements and as described in the application materials.
b. Approval of this plan may create a vested property right pursuant to Section
23-8-10 of the Weld County Code
c. Left Hand Water District shall provide water service to all uses within the
PUD Zone District.
d. St. Vrain Sanitation District shall provide sewage disposal to all lots within
the PUD Zone District.
e. The property owner or operator shall be responsible for complying with the
Design Standards of Section 23-2-240 of the Weld County Code as
amended and the conditions of the Weld County Utility Board.
f. All uses with the PUD Final Plan shall comply with the requirements of the
Mountain View Fire Protection District.
g. Access to the development shall be from County Road 7.5 which intersects
State Highway 119.
h. All uses within the PUD Final Plan shall maintain compliance at all times
with the Department of Army, Corps of Engineers requirements/standards.
Exterior illumination of structures,yards and driveways shall be restricted as
follows:
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1. Sources of light shall be shielded so that beams of light will not
shine directly onto adjacent properties.
2. Neither the direct nor reflected light from any light source may
create a traffic hazard to operators of motor vehicles on public or
private streets.
j. The landscaping on site shall be maintained in accordance with the
approved Landscape Plan.
k. Any proposed sign shall adhere to Sections 23-4-100,23-4-110 and 26-2-90
of the Weld County Code. The applicant shall apply for and receive a
building permit for all proposed signs.
Prior to the release of building permits for structures,foundation plans shall
be submitted bearing the stamp of a Colorado Professional Engineer for
review and approval by the Weld County Building Inspection Department.
m. Prior to any use or construction of any lot with the PUD a Site Plan Review
application shall be submitted, reviewed,and approved and conditions met.
n. All lots within the PUD shall adhere to the MUD Development Standards and
shall be reviewed through the Site Plan Review application process.
2. Effective January 1, 2003, Building Permits issued on the proposed lots will be
required to adhere to the fee structure of the Weld County Road Impact Fee
Program. (Ordinance 2002-11) (Department of Planning Services)
3. 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 Program. (Ordinance 2005-8 Section 5-8-40)
4. 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)
5. Buildings shall conform to the requirements of the codes adopted by Weld County at
the time of permit application. Current adopted codes include the 2003 International
Building Code, 2003 International Residential 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)
6. 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)
7. Building height,wall and opening protection and separation of buildings with mixed
uses shall be in accordance with the Building and/or Residential Code in effect at
the time of permit application. Setback and offset distances shall be determined by
the Weld County Code. (Department of Building Inspection)
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8. Building height shall be measured in accordance with the applicable 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. Off-set and setback
requirements are measured to the farthest projection from the building. (Depart of
Building Inspection)
9. The property owner shall be responsible for compiling with the Performance
Standards of Chapter 27, Article II and Article VIII, of the Weld County Code.
(Department of Planning Services)
10. The property owner shall be responsible for complying with Chapter 27 and Chapter
26, Article VIII, of the Weld County Code. (Department of Planning Services)
11. The property owner shall be responsible for complying with the criteria of Chapter 26
of the Weld County Code. (Department of Planning Services)
12. 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. (Department of Planning Services)
13. Fugitive dust shall be controlled on this site. (Department of Public Health and
Environment)
14. All signs shall require building permits. Signs shall adhere to Section 23-4-100 of the
Weld County Code. These requirements shall apply to all temporary and permanent
signs. (Department of Planning Services)
15. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.
(Department of Planning Services)
16. In accordance with the Weld County Code, no land, building or structure shall be
changed in use or type of occupancy, developed, erected, constructed,
reconstructed, moved or structurally altered or operated in the Commercial and
Industrial Zone District until a Site Plan Review application meeting the criteria of
Section 23-2-160 and Section 26 of the Weld County Code has been submitted to
the Department of Planning Services for review and approval. (Department of
Planning Services)
17. Landscaping materials as indicated in the approved Landscape / Screening Plan
shall be maintained at all times. Dead or diseased plant materials shall be replaced
with materials of similar quantity and quality at the earliest possible time.
(Department of Planning Services)
18. Common open space is defined as any usable parcel of land or water unimproved
and set aside, dedicated, designated or reserved for public or private or for the use
and enjoyment of owners or occupants of land adjoining or neighboring such area.
(Department of Planning Services)
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2. The applicant shall submit two(2)paper copies of the plat for preliminary approval to the Weld County
Department of Planning Services.
3. The applicant shall submit a digital file of all drawings associated with the Amended Final Plat
application. Acceptable CAD formats are .dwg, .dxf,and .dgn(Microstation); acceptable GIS formats
are ArcView shapefiles,ArcInfo 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)
4. 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.
5. Upon completion of items#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 24-4-40.D.6 through D.9 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.
Motion seconded by Tom Holton.
VOTE:
For Passage Against Passage Absent
Michael Miller
Bruce Fitzgerald
Chad Auer
Tom Holton
Doug Ochsner
James Welch
Erich Ehrlich
Roy Spitzer
Paul Branham
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further 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 September 20, 2005.
Dated the 20th of September, 2005.
Donita May
Secretary
43.. 0- ;QC)0-5
the motion. The Chair asked the secretary to poll the members of the Planning Commission for their decision.
Roy Spitzer,yes;James Welch,yes; Erich Ehrlich,yes;Tom Holton,yes;Doug Ochsner,yes; Paul Branham,
yes; Bruce Fitzgerald, yes. Motion carried unanimously.
The Chair announced that case number four on the agenda would be heard next.
CASE NUMBER: 2nd AmUSR-249
APPLICANT: Asphalt Specialties Company
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Pt of the NE4NW4 and NW4NE4 and S2NW4 SW4NE4 and SE4
of Section 31, T2N, R68W of the 6th P.M., Weld County,
Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for
Mineral Resource development Facility's including a Concrete
Ashpalt Batch Plant, Asphalt Recycling Plant and Gravel Mining
in the A(Agricultural)Zone District.
LOCATION: North of and adjacent to State Highway 52; and east of and
adjacent to County Line Road.
Kim Ogle, Department of Planning Services,said the applicant had submitted a facsimile letter into our office
today requesting an indefinite continuance to a date uncertain,as they have several issues yet to be resolved
prior to proceeding with the Planning Commission. Planning staff supports this request and recommends the
Planning Commission grant a continuance. The applicant is present, as is the attorney representing the
surrounding property owners.
Rob Laird, representing Asphalt Specialties, 10100 Dallas Street,Henderson,CO 80640,said they have some
unresolved issues to complete and thought it best to ask for a continuance rather than take up the public's
time.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Judson Hite,attorney for the homeowners, said that rather than an indefinite continuance,they would like to
request the more specific date of November 15, 2005.
The Chair asked Mr. Ogle about that date. Mr. Ogle replied that since the applicant had requested an
indefinite continuance they will contact the Planning Department with a specific date they would like the case
to be heard.
Lee Morrison, County Attorney, said the full notification process must again be observed. Mr. Morrison
suggested Mr. Ogle confer with the counsel for the homeowners as soon as the applicants are ready to
proceed to avoid scheduling issues.
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 2nd AmUSR-249 be continued indefinitely. Tom Holton seconded the
motion. The Chair asked the secretary to poll the members of the Planning Commission for their decision.
Roy Spitzer,yes;James Welch,yes; Erich Ehrlich,yes;Tom Holton,yes;Doug Ochsner,yes; Paul Branham,
mss; Bruce Fitzgerald, yes. Motion carried unanimously.
Consent agenda items:
— CASE NUMBER: 2nd AmPF-431
APPLICANT: DBM Consulting LLC & Lehigh Enterprises Acquisition Corp
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lots 4, 5, 6 & 7 Block 2 Western Dairymen Cooperative Section
10, T2N, R68W of the 6th P.M., Weld County, Colorado.
REQUEST: An Amendment to a PUD Final Plat Redesign -consolidating qY
`+
Lots 4, 5, 6 &7 of Block 2 into one (1)lot in the Western
Dairymen Cooperative PUD.
LOCATION: South of Hwy 119; approximately 1/4 mile east of CR 7.5.
Glen McWilliams,representing DBM Consulting,asked for clarification whether this was a consent item rather
than a continuance.
The Chair replied that it was for consent. As neither the applicant, the board members, or members of the
audience wished to have this item removed from the consent agenda, the Chair requested a motion.
Doug Ochsner moved that Case 2nd AmPF-431 be forwarded to the Board of County Commissioners with
recommendation of approval including the Development Standards and Conditions 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;James Welch,yes; Erich Ehrlich,yes;Tom Holton,yes; Doug Ochsner,yes;
Paul Branham, yes; Bruce Fitzgerald, yes. Motion carried unanimously.
CASE NUMBER: USR-1524
APPLICANT: Carmen & Bart Beck
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Lot A of RE-2740; part SW4 NW4 Section 8, T3N, R68W of the
6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a
kennel, including a doggy day care service for 136 dogs of an
unspecified breed and the breeding of Labradors, in the A
(Agricultural)Zone District.
LOCATION: South of and adjacent to CR 34.75; east and adjacent to CR 3.
Carmen Beck,applicant, 1234 CR 34.75, Berthoud,CO 80513,requested this remain on the consent agenda.
The Chair asked if there was anyone in the audience who wished to speak for or against this application
remaining on the consent agenda.
Ben Russell, 16376 CR 3, Berthoud, CO 80513, opposes the application. He lives next door and believes
there are more dogs than anybody ought to have already. They are too noisy. This facility does not fit
with his future plans for his property.
Geraldine Russel, 16376 CR 3, Berthoud, CO 80513, concurs with her husband that there are dogs
barking all night, more dogs than should be allowed, and that the applicant is doing this backwards. The
application for the facility should have been made prior to establishing the business, rather than the other
way around, as was done in this case.
The Chair asked Mr. Ogle if this property is presently in violation and how many acres it contains. Mr.
Ogle replied that it is presently in violation, having been discovered by county staff during an inspection. It
is thirteen acres and their use by right allows them four dogs. The Chair asked how many dogs Mr. Ogle
estimated on site presently. Mr. Ogle replied there were maybe twenty five.
Doug Ochsner asked if there is opposition does this case then come off consent. Mr. Morrison said if two
or more commissioners would like to hear the case, it should be heard. Mr. Ochsner and Mr. Spitzer
expressed interest in hearing the case so the Chair opened it for public hearing.
Kim Ogle, Department of Planning Services. Larimer County, the Towns of Berthoud and Mead and the
City of Longmont are within the three mile notification area. All municipalities returned a referral indicating
no conflict with their interests. Larimer County did not respond to the referral request.
Surrounding property uses include farmland and rural residential parcels in each direction. The property is
sited well off CR 3 with access off of CR 34.75. The facility consists of two metal skinned structures with
the facility completely screened and fenced. There are five property owners within 500 feet of this
proposal and seven property's of record.
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