HomeMy WebLinkAbout20050225.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Goddard Case Number USR-1494
Submitted or Prepared
_._. Prior to
At
Hearing Hearing
N 1 Staff Comments X
Department of Planning Services Field Check Form X
Letter to Applicant X
Legal Notifications X
Sign Posting Affidavit and sign picture X
• 2 Application X
Maps X
Deed/Easement Certificate X
Surrounding Property/Mineral Owners X
Utilities X
3 Referral List X
• Referrals without comment X
Adams County Planning referral received 11/9/2004 X
City of Dacono referral received 11/23/2004 X
• 4 Referrals with comments X
Weld County Department of Public Works referral received 11/17/2004 X
Weld County Department of Public Health and Environment referral received X
12/6/2004 (3 pages)
Weld County Zoning Compliance Officer referral received 11/1/2004 X
Weld County Department of Building Inspection referral received 11/29/2004 X
Department of Planning Services Landscape referral received 11/2/2004 X
Greater Brighton Fire Protection District referral received 11/10/2004 X
-5- Surrounding Property Ovvin_. /MnR.pdtewiiei Lctt�is-
Pyhihit¢..
I hereby certify that the 12 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled
Planning Commission hearing.
Chris Gathman O, Planner
DONUT
2005-0225
44\ftriH
COLORADO LAND USE APPLICATION
SUMMARY SHEET
Case Number: USR-1494 Hearing Date: December 21, 2004 (continued until January 4, 2005)
Applicant: Anthony& Diane Goddard C/O Lauren Light LANDPROfessionals, LLC
Address: 4350 State Highway 66, Longmont, CO 80504
Request: A Site Specific Development Plan and a Special Review Permit for a Use by Right,
Accessory Use and/or Use by Special Review in the Industrial Zone Districts (Machine &
Welding Shop) in the A(Agricultural)Zone District
Legal Description: Lot A of RE-2862; Part E2SW4 of Section 33, Township 1 North, Range 67 West
of the 6th P.M., Weld County, Colorado
Location: Approximately 1/2 mile west of County Road 19 and north of and adjacent to County Road
2
Size of Parcel: +/-20 acres
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received responses from the following agencies:
• Weld County Zoning Compliance, referral receivedll/1/2004
• Weld County Department of Public Health and Environment, referral received 12/6/2004
• Weld County Department of Public Works, referral received 11/16/2004
• Weld County Department of Building Inspection, referral received 11/29/2004
• Weld County Planning, landscape referral, referral received 11/2/2004
• Adams County Planning, referral received 11/9/2004
• Colorado Department of Transportation, referral received 8/25/2004
• City of Dacono, referral received 11/22/2004
• Greater Brighton Fire Protection District, referral received 11/10/2004
Referral responses have not been received from the following agencies:
• City of Northglenn
• Broomfield County
• Mountain View Water Users
}� EXHIBIT
USR-1494—Goddard 1 I I
fittRe
SPECIAL REVIEW PERMIT
W `p O • ADMINISTRATIVE REVIEW
COLORADO
Planner: C. Gathman
Case Number: USR-1494 Hearing Date: December 21, 2004
Applicant: Anthony & Diane Goddard C/O Lauren Light LANDPROfessionals, LLC
Address: 4350 State Highway 66, Longmont, CO 80504
Request: A Site Specific Development Plan and a Special Review Permit for a Use by Right,
Accessory Use and/or Use by Special Review in the Industrial Zone Districts (Machine &
Welding Shop) in the A(Agricultural)Zone District
Legal Description: Lot A of RE-2862; Part E2SW4 of Section 33, Township 1 North, Range 67 West of the
6th P.M., Weld County, Colorado
Location: Approximately 1/2 mile west of County Road 19 and north of and adjacent to County Road
2
Parcel Size: +/-20 acres Parcel Number: 1469 33 000020
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
a. Section 23-2-220.A.1 --The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect. Section 22-2-60.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.
USR-1494—Goddard 2
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 1/2 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.
g. Section 23-2-220.A.7--The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and
Development Standards ensure that there are adequate provisions for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the
following:
1. Prior to 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)
USR-1494-Goddard 3
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)
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)
USR-1494—Goddard 4
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 maps@co.weld.co.us. (Department of Planning Services)
5. 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/wq/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)
6. 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)
USR-1494-Goddard 5
•
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)
6. 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)
USR-1494-Goddard 6
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)
8. 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)
USR-I494—Goddard 7
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)
16. 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)
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)
USR-1494—Goddard 8
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.
USR-1494—Goddard 9
a
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970)304-6498
I918 10`"STREET
Il`DC GREELEY, COLORADO 80631
COLORADO November 1, 2004
Anthony& Diane Goddard
c/o Lauren Light
4311 Hwy 66, Ste. 4
Longmont CO 80504
Subject: USR-1494- Request for 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 on a parcel of land described as Lot A of RE-2862; pt of the E2SW4
of Section 33, T1 N, R67W of the 6th P.M., Weld County, Colorado.
Dear Applicant:
Your application and related materials for the request described above are being processed. I have scheduled
a meeting with the Weld County Planning Commission for December 21, 2004, at 1:30 p.m. This meeting
will take place in the Hearing Room,Weld County Planning Department,4209 CR 24'/,Longmont,Colorado.
It is recommended that you and/or a representative be in attendance to answer any questions the Planning
Commission members may have.
It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all
mineral estate owners 30 days prior to any public hearing. The applicant shall provide the Weld County
Planning Department with written certification indicating the above requirements have been met.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the
property or if the property is located within the comprehensive planning area of a town or municipality.
Therefore,our office has forwarded a copy of the submitted materials to the Dacono and Northglenn Planning
Commission for their review and comments. Please call Dacona at 303-833-2317 and Northglenn at 303-451-
8326 for further details regarding the date,time,and place of this meeting. It is recommended that you and/or
a representative be in attendance at the Dacono and Northglenn Planning Commission meeting to answer
any questions the Commission members may have with respect to your application.
A representative from the Department of Planning Services will be out to the property a minimum of ten days
prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which
identifies the hearing time,date,and location. In the event the property is not adjacent to a publicly maintained
road right-of-way, one sign will be posted in the most prominent place on the property and a second sign
posted at the point at which the driveway(access drive) intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to the
Weld County Planning Commission. This recommendation will be available twenty-four(24)hours before the
scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services'office
before the Planning Commission hearing to make arrangements to obtain the recommendation.
If you have any questions concerning this matter, please call.
Respectfully,
so-
Chris Gathman
Planner
PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS December 11, 2004. THE SIGN SHALL BE POSTED
ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT
ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT
OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON
THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY
(ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
I, Chris Gathman, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN
WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING
COMMISSIONERS HEARING FOR USR-1494 IN THE A (AGRICULTURAL) ZONE
DISTRICT.
Chris Gathman
Name of Person Posting Sign
Signature of Person Posting Sign
STATE OF COLORADO
)ss.
COUNTY OF WELD )
The foregoing instrument was subscribed and sworn to me thiaO day , 2004.
WITNESS my hand and official seal.
Cz'Q
Notary Public �y
My Commission Expires: lO ‘L2 Ok
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tit- � A PUBLIC HEARING CONCERNING i .
- ia , � _ , .. IRIS PROPERTY WILL BE HELD AT: • `' �
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FIELD CHECK inspection date: December 4, 2004
CASE NUMBER: USR 1494
APPLICANT: Anthony & Diane Goddard
LEGAL DESC: Lots A of RE-2862; Part of the E2 SW4 of Section 33, Township 1 North,
Range 67 West of the 6th PM, Weld County, CO
LOCATION: North of and adjacent to County Road 2; Approximately 1/2 mile west of
County Road 19.
Zoning Land Use
N A (Agricultural) N Vacant land
E A (Agricultural) E Vacant land
S A (Agricultural) S single family residence
W A (Agricultural) W Vacant land
Stand of trees located between shop and house and County Road 2.
Property slopes drastically on the west end past the buildings.
Existing residence to the south across County Road 2.
L /1423
a�t�yw+,c4,�
Chris Gathman Planner II, AICP
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