HomeMy WebLinkAbout20050224.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.
3 it resolved by the Weld County Planning Commission that the application for:
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, Ti 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: /: mile west of CR 19; north of and adjacent to CR 2.
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.D 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." Development standards and conditions of approval will ensure that the proposed use will 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 any use permitted as a Use by Right, Accessory
Use or Use by Special Review in the 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. There is a single family residence located to the south of the site, cropland to the east and
north of the site, and a draw and cropland are located to the west of the site. The Jacobucci subdivision
is located approximately '/: mile to the west of the site. The site is well screened from County Road 2 by
an existing group of trees.
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 site is not located within an Urban Growth/IGA
boundary of surrounding towns/cities. The site is located within the 3-mile referral area for the cities of
Dacono and Northglenn and the counties of Adams and Broomfield. The City of Dacono and Adams
County in their respective referrals received 11/22/2004 and 11/9/2004 indicated no conflicts with their
interests. No comments have been received from Northglenn and Broomfield.
e. Section 23-2-220.A.5 -- The site does not lie within any Overlay Districts.
Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the
fee structure of the County Road Impact Program. (Ordinance 2002-11)
f. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural
land in the locational decision for the proposed use. The site is located on land that is designated as
"Other" per the 1979 USDA Prime Farmlands Map of Weld County.
EXHIBIT
2005-0224
Resolution USR-1494
Goddard
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 recommendation for approval is conditional upon the following:
1. Prior to Scheduling the Board of County Commissioners hearing:
A. The applicant shall submit a proposed signage plan to the Department of Planning Services. The site is
presently zoned A(Agricultural). If no signage plan is submitted, any proposed sign shall conform to the
Agricultural zone district requirement of 16 square feet as outlined in Section 23-4-80 of the Weld County
Code. (Department of Planning Services)
2. Prior to recording the plat:
A. All plat sheets shall be labeled USR-1494. (Department of Planning Services)
B. The applicant shall submit a waste and manure handling plan, for approval, to the Environmental Health
Services Division of the Weld County Department of Public Health & Environment. 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).
Evidence of Health Department approval shall be submitted to the Department of Planning Services.
(Department of Public Health and Environment)
C. The applicant shall provide an approved access permit from Adams County or provide written evidence
from Adams County that their concerns have been addressed. (Department of Planning Services)
D. The applicant shall attempt to address the requirements of the Greater Brighton Fire District as outlined in
their referral dated November 10, 2004. Evidence of such shall be submitted in writing to the Department
of Planning Services. (Department of Building Inspection)
E. The septic system serving the house and shop shall be reviewed by a Colorado Registered Professional
Engineer. The review shall consist of observation of the system and a technical review describing the
systems ability to handle the proposed hydraulic load (existing use and estimated 6 full time employees).
The review shall be submitted to the Environmental Health Services Division of the Weld County
Department of Public Health and Environment. In the event the system is found to be inadequately sized
or constructed the system shall be brought into compliance with current regulations. Written evidence of
approval by the Department of Public Health and Environment shall be provided to the Department of
Planning Services. (Department of Public Health and Environment)
Resolution USR-1494
Goddard
Page 3
F. The plat shall be amended to delineate the following:
1. The attached Development Standards. (Department of Planning Services)
2. County Road 2 is designated on the Weld County Road 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 2 shall be designated as right-of-
way reservation for future expansion of County Road 2. (Department of Public Works)
3. The location of the business sign (if proposed). (Department of Planning Services)
G. 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. 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)
4. 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 maDsco.weld.co.us.
(Department of Planning Services)
Prior to Release of Building Permits:
A. A stormwater discharge permit may be required for a development/redevelopment
/construction site where a contiguous or noncontiguous land disturbance is greater than or equal to one
acre in area. Contact the Water Quality Control Division of the Colorado Department of Public Health and
Environment at www.cdphe.state.co.us/wa/PermitsUnit for more information. (Department of Public
Health and Environment)
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 when applying for each permit. Provide a Code Analysis Data sheet provided by the
Weld County Building Department which each Building permit application. (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. Building height shall be measured in accordance with the 2003 International Building Code for the
purpose of determining the maximum building size and height of 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 to the
farthest projection from the building. (Department of Building Inspection)
Resolution USR-1494
Goddard
Page 4
Prior to Certificate of Occupancy:
A. A building permit shall be obtained prior to the construction of any new building and change of
use of any existing building. (Department of Building Inspection) '
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. Provide a
Code Analysis Data sheet provided by the Weld County Building Department with each Building
permit application. (Department of Building Inspection)
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
Anthony & Diane Goddard
USR-1494
1. The Site Specific Development Plan and Special Use Permit is for Use by Right, Accessory and/or Use by Special
Review in the Industrial Zone Districts (Machine &Welding Shop) 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. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S.)
shall be stored and removed for final disposal in a manner that protects against surface and groundwater
contamination. (Department of Public Health and 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. (Department of Public Health and Environment)
5. 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)
6. The applicant shall operate in accordance with the approved "waste handling plan". (Department of Public Health
and Environment)
7. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public Health and
Environment)
The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone District as
delineated in 25-12-103, C.R.S. (Department of Public Health and Environment)
9. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility.
(Department of Public Health and 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 and Environment)
11. The facility shall utilize the existing public water supply (Mountain View Water Users). (Department of Public
Health and Environment)
12. Effective January 1, 2003, Building Permits issued on the proposed site will be required to adhere to the fee
structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services)
13. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public
Health and Environment,Water Quality Control Division. (Department of Public Health and Environment)
14. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance with product
labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's) and volatile organic
compounds (VOC's). (Department of Public Health and Environment)
15. All equipment and materials associated with the machine & welding shop shall be stored within an enclosed
building(s)/containers as stated in the application materials. (Department of Planning Services)
Hours of operation shall be from 7:00 AM to 6:00 PM Monday-Saturday as outlined in the application materials.
(Department of Planning Services)
Resolution USR-1494
Goddard
Page 2
,.17. The operation shall be limited to 6 outside employees as stated in the application materials. (Department of
Planning Services)
18. 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)
19. 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. Provide a Code Analysis Data Sheet provided by the Weld County
Building Department with each Building permit application. (Department of Building Inspection)
20. 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)
21. Building height shall be measured in accordance with the 2003 International Building Code for the purpose of
determining the maximum building size and height of 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 to the farthest projection from the building.
(Department of Building Inspection)
22. The maximum amount of indoor and outdoor storage of nonflammable soils and nonflammable and non
combustible liquids shall not exceed the amounts in Table 414.2.4 of the International Building Code. The
building including the bathroom shall be accessible to persons with disabilities. Fire resistance of walls and
openings, construction requirements, maximum building height and allowable areas will reviewed at the plan
review. Setback and offset distances shall be determined by Chapter 23 the Weld County Code. (Department of
Building Inspection)
23. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and 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.
Resolution USR-1494
Goddard
Page 3
lotion 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
^� Voneen Macklin, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and
iregoing 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.
JINN AaXL
Voneen Macklin
Secretary
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 10th 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: / 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 'h. 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
t ix
APPLICANT: L.G. Everist, Inc.
�r �,
44 nr vh
�. 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 1/2 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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