HomeMy WebLinkAbout20051813.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 approval by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1506
APPLICANT: Larry Rittel
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Lot B of RE-3613; Pt N2NW4 of Section 28, T8N, R62W of the 6th P.M.,
Weld County, Colorado.
REQUEST: A Site Specific Development Plan and Special Review for a Use allowed by
Right,an Accessory Use, or a Use by Special Review in the Commercial or
Industrial Zone district, for a welding fabrication shop in the A(Agricultural)
Zone District
LOCATION: South of and adjacent to SH 14; west of and adjacent to CR 77.
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 Zone District 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 is agricultural with a small
commercial component,to the east is the Briggsdale Grain Elevator and Weld County Shop;
to south and west are agricultural lands. The Development Standards and Conditions of
Approval will ensure compatibility with adjacent properties.
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 subject property does not lie within the three mile referral area for any
municipality.
E. Section 23-2-220.A.5—The application complies with Section 23-5 of the Weld County Code.
The existing site is not within a recognized overlay district, including the Geologic Hazard,
Flood Hazard or Airport Overlay District. The existing site is within the County-wide Road
Impact Fee Area. 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).
F. Section 23-2-220.A.6 --The applicant has demonstrated a diligent effort to conserve prime b
agricultural land in the locational decision for the proposed use. The size of the parcel m
accompanied with existing residential improvements does not make it conducive to = (Vti
agricultural practices in accordance with Section 22-2-60.1 of the Weld County Code. =-+
V
2005-1813
Resolution USR-1506
Larry Rittel
Page 2
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. The signs shall adhere to
Section 23-4-90.A and .B of the Weld County Code. One identification sign per principal use
shall be allowed, provided that the sign does not exceed sixteen (16)square feet in area per
face. Further, the location of the sign, if applicable shall be delineated on the USR plat.
(Department of Planning Services)
B. Written evidence from the oil and gas company indicating all requirements and agreements
between the surface developer and the mineral owners and/or lessees have been completed
shall be submitted or evidence that an adequate attempt has been made to mitigate their
concerns shall be submitted to the Department of Planning Services. (Department of
Planning Services)
2. Prior to recording the plat:
A. All sheets of the plat shall be labeled USR-1506 (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. (Department of Planning Services)
3) County Road 392 between SH 14 and SH 37 is designated on the Weld County
Roadway Classification Plan, as an Arterial status road, which requires 140 feet of
right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 70
feet from the centerline of County Road 392 shall be delineated on the plat as right-
of-way reservation for future expansion of County Road 392. (Department of Public
Works)
4) This facility, shall adhere to the number of on-site parking spaces in Appendix 23-B
of the Weld County Code. The total number of on-site parking for this facility shall
be seven(7)spaces. Further,the applicant shall delineate curb stops for the parking
spaces shown on the USR plat. (Department of Planning Services and Public
Works)
5) Any approved signs, if applicable. (Department of Planning Services)
6) The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
r
C. The applicant shall submit a Landscape/Screening Plan for review and approval. The plan
shall address the following:
Resolution USR-1506
Larry Rittel
Page 3
1) 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.
2) 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...."
3) Any outside storage of vehicles or equipment shall be screen from surrounding
property owners and adjacent rights-of-way.
4) The applicant shall demonstrate how the proposed and existing plant material will
be irrigated. (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 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 submit a dust abatement plan for review and approval, to the
Environmental Health Services, Weld County Department of Public Health & Environment.
Evidence of approval shall be submitted to the Department of Planing Services.
(Department of Public Health & Environment)
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 approval by the Environmental Health Services Division shall be submitted to the
Department of Planing 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 &
Environment)
G. The applicant shall provide graphic evidence that the on-site circulation associated with this
application is within the USR Boundary, specific to the internal circulation to the west of the
existing metal skinned structures. (Department of Planning Services)
H. The applicant shall submit a letter requesting the vacation of USR-869 for a trucking
operation approved by the Board of County Commissioners in 1988.
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 issuance of Building Permits:
A. A building permit shall be obtained prior to the construction of any new building and change
of use of the existing building. (Department of Building Inspection)
Resolution USR-1506
Larry Rittel
Page 4
B. A plan review is required for each building for which a building permit is required. Plans shall
include a floor plan. Plans shall bear the wet stamp of a Colorado registered architect or
engineer. Two complete sets of plans are required when applying for each permit. Include
a Code Analysis Data sheet, provided by the Weld County Building Department. New
construction 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)
C. 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)
D. The building will probably be classified as a F-2 (Metal fabrication) use. Fire resistance of
walls and openings, construction requirements, maximum building height and allowable
areas will be reviewed at the plan review. Setback and offset distances shall be determined
by the Weld County Code. (Department of Building Inspection)
E. 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. Offset and setback requirements are measured to the farthest projection from
the building. (Department of Building Inspection)
4. Prior to Operation:
A. The applicant shall provide written evidence from WQCD that they are not required to obtain
a stormwater discharge permit for a construction site where a contiguous or non-contiguous
land disturbance is greater than or equal to one acre in area.The applicant shall inquire with
the Water Quality Control Division(WQCD)of the Colorado Department of Public Health and
Environment at www . cdphe . state . co . us /wq /PermitsUnit
<http://www.cdphe.state.co.us/wq/PermitsUnit> if they are required to obtain a stormwater
discharge permit. Written evidence of compliance shall be submitted to the Department of
Planning Services. (Department of Public Health & Environment)
5. Upon completion of 1. and 2. above the applicant shall submit a Mylar plat along with all other
documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of
the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The
Mylar plat and additional requirements shall be submitted within thirty(30)days from the date of the
Board of County Commissioners resolution. The applicant shall be responsible for paying the
recording fee. (Department of Planning Services)
6. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Use by Special Review. Acceptable CAD formats are.dwg, .dxf,and .dgn(Microstation); acceptable
GIS formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format type is .e00.
The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be
sent to maps@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)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Larry Rittel - CR Design Services
USR-1506
1. A Site Specific Development Plan and Special Review Permit for a Use allowed by Right, an
Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone district, for a
welding fabrication shop, in the A(Agricultural)Zone District. (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. 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 & Environment)
4. 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 &Environment)
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions.
(Department of Public Health & Environment)
6. The applicant shall operate in accordance with the approved "waste handling plan". (Department
of Public Health & Environment)
7. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved dust abatement plan at all times. (Department of Public
Health & Environment)
8. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone
as delineated in 25-12-103 C.R.S., as amended. (Department of Public Health & Environment)
9. Adequate handwashing and toilet facilities shall be provided. (Department of Public Health &
Environment)
10. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to Individual Sewage Disposal Systems. (Department of Public Health & Environment)
11. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. .
(Department of Public Health & Environment)
12. If applicable,the applicant shall obtain a storm water discharge permit from the Colorado Department
of Public Health & Environment, Water Quality Control Division. (Department of Public Health &
Environment)
13. 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 & Environment)
14. A plan review is required for each building for which a building permit is required. (Department of
Building Inspection)
15. 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)
16. 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
Resolution USR-1506
Larry Rittel
Page 2
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. Offset and setback
requirements are measured to the farthest projection from the building. (Department of Building
Inspection)
17. The historical flow patterns and run-off amounts will be maintained on site in such a manner that will
reasonably preserve the natural character of the area and not prevent property damage of the type
generally attributed to run-off rate and velocity increases, diversions, concentration and / or
unplanned ponding of storm run-off. (Department of Public Works)
18. The off-street parking spaces including the access drive shall be surfaced with gravel or the
equivalent and shall be graded to prevent drainage problems. (Department of Public Works)
19. 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)
20. The landscaping on site shall be maintained in accordance with the approved Landscape/Screening
Plan. (Department of Planning Services)
21. As indicated by the application material the hours of operation will be limited to 7:00 a.m.to 7:00 p.m.,
Monday through Saturday. (Department of Planning Services)
22. Storage of all equipment shall be located inside the proposed building. (Department of Planning
Services)
23. 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 Chapter 15, Articles I and II of the Weld County Code. (Department of Planning Services)
24. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
25. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
26. 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.
27. 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.
28. 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 Bryant Gimlin
Resolution USR-1506
Larry Rittel
Page 3
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
Bryant Gimlin
Bruce Fitzgerald
James Rohn
Chad Auer
Doug Ochsner
James Welch
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,Voneen Macklin, 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 May 3, 2005.
Dated the 3f° of May, 2005.
Voneen Macklin
Secretary
53-
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, May 3, 2005
A regular meeting of the Weld County Planning Commission was held Tuesday 2005, in the Weld County
Department of Planning Services, Hearing Room,918 10th Street,Greeley,Colorado. The meeting was called
to order by Chair, Michael Miller, at 1:30 p.m.
ROLL CALL
Michael Miller ='
Bryant Gimlin m '
John Folsom r _
James Welch Absent (—)
James Rohn er
Bruce Fitzgerald Absent
Chad Auer 77.
Doug Ochsner
Tom Holton
�ar
Also Present: Kim Ogle, Sheri Lockman, Jacqueline Hatch
The summary of the last regular meeting of the Weld County Planning Commission held on,April 28,2005,
was approved as read.
The following Cases are on the Consent Agenda:
CASE NUMBER: 3AmUSR-996
APPLICANT: Marcus Midstream 1995-2 Business Trust
PLANNER: Kim Ogle
LEGAL DESCRIPTION: SE4 of Section 8, T4N, R64W of the 6th P.M., Weld County,
Colorado.
REQUEST: A Site Specific Development Plan and Special Review for an Oil and Gas
Support Facility(Brinewater Disposal) in the A(Agricultural) Zone District
LOCATION: North of and adjacent to CR 46 and west of and adjacent to CR 53.
CASE NUMBER: USR-1488
APPLICANT: John File, Farfrumwurkin LLP
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: E2SW2 & N2 SE4 & part of the W2W2 of Lot B of RE-3474;
being part of the W2W2 of Section 32, T2N, R68W; and part of the SE4
of Lot B of RE-1775 of Section 31, T2N, R68W of the 6th P.M., Weld
County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a mineral
resource development facility including dry open pit mining and materials
processing in the A(Agricultural)Zone District.
LOCATION: North of and adjacent to Hwy 52; west and east of and adjacent to CR 3-
1/4.
— CASE NUMBER: USR-1506
APPLICANT: Larry Rittel
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Lot B of RE-3613; Pt N2NW4 of Section 28, T8N, R62W of the
6th P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and Special Review for a Use allowed
by Right, an Accessory Use, or a Use by Special Review in the
Commercial or Industrial Zone district,for a welding fabrication shop in
the A(Agricultural)Zone District
LOCATION: South of and adjacent to SH 14;west of and adjacent to CR 77. 4'
CASE NUMBER: USR-1507
APPLICANT: LA,LLC.do George Mozeika
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Lot B RE-2704; Part of theS2NW4 of Section 34,T8N, R65W of
the 6th P.M.,Weld County, Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for uses
similar to a Child Care Center(specifically a group home for mentally
disabled children and adults)and for one single family dwelling unit per
lot other than those permitted under Section 23-3-20.A of the Weld
County Code in the A(Agricultural)Zone District
LOCATION: East of and adjacent to CR 43; 1/4 mile south of CR 88.
Marilyn Clarry, neighbor,asked for clarification on the number of dwellings on the site. Ms. Lockman
stated there will be one additional home and North Weld Water will service the area. Ms. Clarry asked
how many residences will there be In the homes. Ms. Lockman stated there will be a total of eight people
in one home.
Doug Ochsner moved to approve the Consent Agenda. Bryant Gimlin seconded.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Michael Miller,yes; Bryant Gimlin,yes;James Rohn, yes; Chad Auer, yes; Doug Ochsner,
yes. Motion carried unanimously
The following cases will be Heard:
CASE NUMBER: AmUSR-1268
APPLICANT: Glen Fritzler
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Part of the NE4 Section 22, T4N, R66W of the 6th P.M., Weld
County, Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for a
Recreational Facility with uses similar to those seen at Guest Farms and
fairgrounds in the A(Agricultural)Zone District
LOCATION: South of and adjacent to Hwy 256,West of and adjacent to SH 85; '/2
mile east of CR 31.
Sheri Lockman,Department of Planning Services presented Case AmUSR-1268. Mr. Glen Fritzler has
applied for A Site Specific Development Plan and a Special Review Permit for a Recreational Facility with
uses similar to those seen at guest farms and fairgrounds in the A(Agricultural)Zone District.
The sign announcing the Planning Commission hearing was posted April 22 by Planning Staff. The site is
located south of and adjacent to State Highway 256, West of and adjacent to State Highway 85; '/3 mile
east of County Road 31, the Town of Gilcrest is located approximately''/: mile southwest of the site.
Surrounding properties are agricultural in nature with homes in close proximity to the north. One letter
stating concerns has been received by planning staff.
Planning staff is requesting quite a few changes to staff comments. Planning Commission has been
provided a memo outlining the requested changes by staff and the additional information submitted by the
applicant.
Condition of Approval 1.A.required the applicant to submit a sign plan.This condition has been
completed. The proposal is in compliance with the Colorado Department of Transportation sign
regulations.
Sign#1 is for an 150 sq.ft.off-site sign at the intersection of Hwy 85 and CR 33. Section 234-90 C of
the sign code does allow for off site signs for this use and of this size in the Agricultural Zone District.
However, Section C.7 requires them to be located a minimum of 2,000 feet from an exit or entrance road
on a limited access highway, because this sign is not in compliance with Section 23-4-90 C.7.of the Weld
County Code staff Is recommending denial of sign#1.
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