HomeMy WebLinkAbout20050238.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by James Rohn, 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: AMPF-431
PLANNER: Jacqueline Hatch
APPLICANT: OCON Group LLC
LEGAL DESCRIPTION: Lot 1, Blk 3 and Open Space Western Dairymen Cooperative Section 10,
T2N, R68W
LOCATION: South of and adjacent to Hwy 119 and west of and adjacent to CR 7 '/.
For a more precise location, see legal.
REQUEST: Amendment to a PUD Final Plat in the Western Dairymen Cooperative
PUD
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 PUD Final Plan is consistent with all the
applicable chapters of the Weld County Code. There is an existing ten foot (10')
utility easement on the perimeter of Lot 1, Block 3. There is an existing fifteen
foot (15') utility easement on the north and south sides and a 10' utility easement
on the east and west side of the open space. At the Utility Board hearing dated
October 28, 2004 the Board requested that the applicant provide a twenty foot
(20') easement on the inside of Lot 1 Block 3 along with an additional ten foot
(10') easement on the outside perimeter. The Utility Board also requested that
the applicant delineate the future right-of-way reservation of County Road 7.5 on
the plat. 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. Prior to
recording the Amended Final Plat staff is requiring that the improvements be
completed on site.
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Resolution AmPF-431
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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 change the configuration and acreages of Lot 1 and
the open space in the Western Dairymen Cooperative PUD. Lot 1 is currently
6.5 acres and is proposed to be enlarged slightly to 7.47 acres. The open space
is currently 19.53 acres and is proposed to be decreased to 18.55 acres. The
reconfiguration will provide Lot 1 additional frontage along State Highway 119.
Western Dairymen Cooperative PUD currently has 35.5% of open space, the
proposed reconfiguration will reduce the overall open space to 33.3% which still
meets the MUD open space requirements.
d. Section 27-7-40.C.4 -- That adequate water and sewer service will be made
available to the 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 Water District and St. Vrain
Sanitation District.
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 Colorado Department of
Transportation in their referral dated September 6, 2004 indicated that they had
no concerns. The Department of Public Works indicated in their referral dated
September 30, 2004 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. The Colorado
Department of Transportation in their referral dated September 6, 2004 indicated
that they had no concerns.
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 lots will be
required to adhere to the fee structure of the County Road Impact Program.
(Ordinance 2002-11)
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.
Resolution AmPF-431
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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 Department of Planning Services' Staff recommendation for approval is conditional upon
the following:
1. Prior to recording the PUD Final Plat:
a. The applicant shall place the Certificate of Dedication Ownership and
Maintenance: Surveying Certificate and Certificate of Approval by the Board of
County Commissioners on the Amended Final Plat for Western Dairymen
Cooperative. (Department of Planning Services)
b. Section 27-2-60 of the Weld County Code states that the "common open space
in the PUD Zone District shall be owned and maintained in perpetuity by an
organization established specifically for such ownership and maintenance
purposes" (Home Owners Association). The applicant shall provide the
Department of Planning Services with a deed transferring the open space to the
Home Owners Association to be recorded by the Department of Planning
Services along with the Mylar. (Department of Planning Services)
c. The applicant shall provide the Department of Planning Services with a sign off
from the Home Owners Association regarding this application for the redesign of
the open space and Lot 1 Block 3 of the Western Dairymen Cooperative.
(Department of Planning Services)
d. The applicant shall complete the on site improvements in compliance with S-431
plat recorded January 21, 1998. (Department of Planning Services
e. The applicant shall address the requirements (concerns) of the Colorado Division
of Wildlife as stated in the referral response dated September 21, 2004.
Evidence of such shall be submitted in writing to the Weld County Department of
Planning Services. (Department of Planning Services)
f. 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)
g. The plat shall be amended to include the following:
1. The approved open space Landscape / Screening Plan shall be shown on
the plat as approved on the original S-431. (Department of Planning
Services)
2. All sheets of the plat shall be labeled AMPF-431. (Department of Planning
Services)
3. The Weld County's Right to Farm statement, Appendix 22-E shall be
placed on the plat. (Department of Planning Services)
4. The applicant shall address the requirements (concerns) of the Utility
Board as stated in the meeting minutes from October 28, 2004.
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5. The applicants 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 27-9-40.6 of the Weld County Code.
(Department of Planning Services & Utility Board)
h. 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:
1. Sources of light shall be shielded so that beams of light will
not shine directly onto adjacent properties.
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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 Program. (Ordinance 2002-11) (Department of Planning Services)
3. 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)
4. 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)
5. 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)
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6. 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)
7. 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)
8. 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)
9. 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)
10. The property owner shall be responsible for complying with the criteria of
Chapter 26 of the Weld County Code. (Department of Planning Services)
11. 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)
12. Fugitive dust shall be controlled on this site. (Department of Public
Health and Environment)
13. Weld County's Right to Farm as delineated on this plat shall be
recognized at all times. (Department of Planning Services & Department
of Public Health and Environment)
14. All signs shall require building permits. Signs shall adhere to Section 23-
4-80 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)
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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. A Flood Hazard Development Permit shall be submitted and approved
prior to any activity occurring on the site. (Department of Planning
Services)
18. If any work associated with this project requires the placement of dredged
or fill material, and any excavation associated with dredged or fill project,
either temporary or permanent, in waters of the United States at this site,
the Department of the Army, Corps of Engineers should be notified by a
proponent of the project for proper permits or changes in permit
requirements pursuant to Section 404 of the Clean Water Act.
(Department of Planning Services)
19. 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)
20. 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)
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, Arclnfo Coverages and Arclnfo Export
files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is
not acceptable). (Department of Planning Services)
4. 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
Resolution AmPF-431
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Board of County Commissioners resolution. The applicant shall be responsible for paying
the recording fee.
Motion seconded by Tonya Strobel
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
Bryant Gimlin
Bruce Fitzgerald
James Rohn
Tonya Strobel
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 January 4, 2005.
Dated the 4th
of January, 2005.
n
Voneen Macklin
Secretary
Li-- 2OO-Tcr
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, January 4, 2005
A regular meeting of the Weld County Planning Commission was held in the Weld County Department of
Planning Services, Hearing Room, 918 10'" Street, Greeley, Colorado. The meeting was called to order by
Chair, Michael Miller, at 1:30p.m.
ROLL CALL
Michael Miller
Bryant Gimlin
John Folsom Absent
James Welch Absent
James Rohn
Bruce Fitzgerald
Tonya Strobel
Chad Auer Absent
Doug Ochsner
Also Present: Don Carroll, Peter Schei, Chris Gathman,Jacqueline Hatch, Monica Mika, Kim Ogle, Char Davis
The summary of the last regular meeting of the Weld County Planning Commission held on December 21,2004,
was approved as read.
The following cases are on the Consent Agenda:
CASE NUMBER: USR-1494
APPLICANT: Anthony& Diane Goddard
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lot A of RE-2862; pt of the E2SW4 of Section 33, T1 N, R67W of the 6th
P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and Special Review for a Use by Right,
Accessory Use or Use by Special Review (Machine and Welding Shop) in
the A (Agricultural)Zone District
LOCATION: /z mile west of CR 19; north of and adjacent to CR 2.
CASE NUMBER: AMPF-431
PLANNER: Jacqueline Hatch
APPLICANT: OCON Group LLC
LEGAL DESCRIPTION: Lot 1, Blk 3 and Open Space Western Dairymen Cooperative Section 10,T2N, R68W
LOCATION: South of and adjacent to Hwy 119 and west of and adjacent to CR 7'/3. For
a more precise location, see legal.
REQUEST: Amendment to a PUD Final Plat in the Western Dairymen Cooperative PUD
CASE NUMBER: USR-1490
APPLICANT: Nicole Trevethick
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lot B of RE-1930; part of the SE4 of Section 17, T3N, R68W of the 6th P.M.,
Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a Veterinary
Hospital in the A(Agricultural)zone district.
LOCATION: North of and adjacent to CR 32; approximately 500 feet west of CR 5.
CASE NUMBER: AmUSR-1255 '! -"-
APPLICANT: L.G. Everist, Inc.
•a r
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Lot 1, 2, 3, and 4- N2NW4; Lot 6 SW4 NE4 30-2-66; Lot 3 E2 NE4 25-2-67
platted as The Lupton Meadows Land Co. Division 3 of the 6th P.M., Weld
County, Colorado.
REQUEST: An Amendment to a Site Specific Development Plan and a special Review
Permit for a Mineral Resource Development Facility, including open pit
mining and materials processing; including Asphalt and Concrete Batch
Plants, in the A(Agricultural)Zone District
LOCATION: % mile south of CR 18 and ''/l mile west of State Highway 85.
James Rohn moved to approve the Consent Agenda. Tonya Strobel seconded. Motion carried
The following cases will be Heard:
SET HEARING DATE FOR: USR-1350
PLANNER: KIM OGLE
APPLICANT: AGGREGATE INDUSTRIES
Kim Ogle, Department of Planning Services, indicated this case was originally presented in 2001. Staff is
asking the case be heard on February 15, 2005.
Michael Miller asked why the need for this process. Mr. Ogle stated this case was heard by a previous
Planning Commission back in October 2001. At that time the applicant asked for the application to be
tabled indefinitely so they could address concerns from the Core of Engineers specific to a river crossing
and wetlands mitigation. The applicants have obtained the needed permits and are making an addendum to
the existing application. Staff comments will be mailed on February 1, 2005 containing the addendum.
Staff is asking for a specific hearing date because it was tabled.
Michael Miller asked why Planning Commission had to go through this process to set a hearing date. Mr.
Ogle stated it was an indefinite continuance by the Board of County Commissioners. Mr. Morrison added
the membership of the Planning Commission has changed so the original application materials will need to
be referred to. Those will be provided by the applicant.
James Rohn moved to set the hearing date for USR-1350 for February 15, 2005. Bryant Gimlin seconded.
Motion carried.
CASE NUMBER: USR-1492
APPLICANT: Greeley Assembly of God Church
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lot C RE-3860, Pt N2NW4 of Section 30, T6N, R65W of the 6th P.M.,
Weld County, Colorado.
REQUEST: Application for Site Specific Development Plan and Special Review Permit
for a church and private school in the A(Agricultural)Zone District
LOCATION: South of and adjacent to CR 66; approx 1/4 mile east of CR 37.
Chris Gathman, Department of Planning Services presented Case USR-1492, reading the recommendation
and comments into the record. The Department of Planning Services is recommending approval of the
application along with the Conditions of Approval and Development Standards. Staff is recommending the
description of the site be revised to delete private school.
James Rohn asked when ConAgra had this site and what the use was. Mr. Gathman indicated he was not
sure how long the operation has been at this location. It may have been a non conforming use that was in
place prior to the use by special review process.
Bryant Gimlin asked for clarification on the hours of operation in the Development Standards, they were not
specific to weekdays and weekends.
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