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HomeMy WebLinkAbout20040428.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Tim Felte c/o Shaun Roberts Case Number USR-1453 Submitted or Prepared Prior to At Hearing Hearing "\; 1 Staff Comments X Department of Planning Services Field Check Form Letter to Applicant Affadavit of sign posting and photograph Legal Notifications 2 Application X Maps Contract/Deed/Certificate of Conveyances Surrounding Property/Mineral Owners Soil Survey / /Liti, 3 Referral List X Town of Pierce, referral received 12/2/2003 Town of Ault, referral received 12/15/2003 ‘4 4 Referrals with comments X Weld County Department of Public Health and Environment, referral received 12/1/2003 Weld County Sheriff's Office, referral received 11/12/2003 Colorado Department of Transportation, referral received 11/10/2003 Weld County Department of Building Inspection, referral received 12/5/2003 Weld County Department of Public Works, referral received 12/5/2003 West Greeley Soil Conservation District, referral received 11/6/2003 Weld County Zoning Compliance, referral received 10/30/2003 I hereby certify that the 4 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Board of County Commissioners hearing. liVakia%M Sheri Lockman ❖ Planner II .. fp, w.ry t i ' , . a„T�', • ` .. 2004-0428 lOett't ND USE WIID�. LA APPLICATION SUMMARY SHEET COLORADO Case Number: USR-1453 Hearing Date: January 6, 2003 Applicant: Tim Felte c/o Shaun Roberts Address: 100 Plowshare Lane Platteville, CO 80651 Request: A Site Specific Development Plan and a Special Review Permit for a mineral resource development facility(concrete batch plant) in the A(Agricultural)Zone District. Legal Lot A RE-902, being part of the SW4 Section 10, T7N, R66W of the 6th P.M., Weld Description: County, Colorado Location: North of and adjacent to Highway 14 and Y mile west of County Road 33 Parcel ID#: 0707 10 000042 Size of Parcel: 1.5 +/- 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 received 10/30/2003 • Weld County Department of Public Health and Environment, referral received 12/1/2003 • Weld County Department of Public Works, referral received 12/5/2003 • West Greeley Soil Conservation District, referral received 11/6/2003 • Town of Pierce, referral received 12/2/2003 • Colorado Department of Transportation, referral received 11/10/2003 • Weld County Department of Building Inspection, referral received 12/5/2003 • Weld County Sheriff's Office, referral received 11/12/2003 • Town of Ault, referral received 12/15/2003 The Department of Planning Services' staff has not received responses from the following agencies: • Ault Fire Protection District USR-1453 Felte/Roberts 1 EXHIBIT 1 a SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW WUDc. COLORADO Planner: S Lockman Case Number: USR-1453 Hearing Date: January 6, 2003 Applicant: Tim Felte do Shaun Roberts Address: 100 Plowshare Lane Platteville, CO 80651 Request: A Site Specific Development Plan and a Special Review Permit for a mineral resource development facility(concrete batch plant) in the A(Agricultural)Zone District. Legal Lot A RE-902, being part of the SW4 Section 10, T7N, R66W of the 6th P.M., Weld Description: County, Colorado Location: North of and adjacent to Highway 14 and % mile west of County Road 33 Parcel ID#: 0707 10 000042 Size of Parcel: 1.5 +/- acres 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 22-2-150 B.1 (C.Goal 2) states "ensure the compatibility of commercial land uses with adjacent land uses."Conditions have been included to ensure the site does not have an adverse impact on the surrounding properties. 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.A of the Weld County Code provides for mineral resource development facilities including concrete batch plants 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. North, east and directly south of the site is farmland. Two homes exist west and southwest of the site. Conditions of approval include a Landscape and Screening Plan which should help mitigate negative impacts to the two homes. USR-1453 Felte/Roberts 2 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 lies within the three mile referral area for the Town of Ault. The Town indicated in a referral response received December 15, 2003 that the use does not conflict with their interests. 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 lot 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 small size of the lot limits its agricultural value. 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 recording the plat: A. The plat shall be labeled USR-1453. (Department of Planning Services) B. The applicant shall submit evidence of an Air Pollution Emission Notice(A.P.E.N.)and Emissions Permit application from the Air Pollution Control Division, Colorado Department of Health and Environment, if applicable. (Department of Public Health and Environment) C. The applicant shall submit a dust abatement plan for review and approval,to the Environmental Health Services Division, Weld County Department of Public Health & Environment. (Department of Public Health and Environment) D. The septic system serving the 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. 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. (Department of Public Health and Environment) E. 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 Health Services approval shall be submitted to the Department of Planning 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). • USR-1453 Felte/Roberts 3 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 and Environment) F. The applicant shall submit a Landscape/Screening Plan for review and approval. The plan shall address the following: 1) In order to mitigate the potential negative impact and aesthetic concerns on surrounding properties, the applicant shall delineate an opaque visual screen on the west and southwest side of the property to completely screen the site from the adjacent homes. 2) Section 23-3-250.A.6 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. 3) Section 23-3-250.B addresses operation standards for Commercial uses. The applicant shall address the issue of on-site lighting, including security lighting if applicable. Subsection F. 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...." 4) The applicant has not delineated any on-site sign(s). If an on-site sign(s) is desired, 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 Landscape and screening Plan. 5) All outdoor storage shall be screened from surrounding properties and road rights of way. Excess concrete will be placed into forms for precast blocks. The applicant has indicated to Planning Staff that these blocks will be stored behind the batch plant. The plat shall indicate this area and an opaque visual screen. (Department of Planning Services) G. The applicant shall complete all proposed improvements including those regarding landscaping, screening, access improvements and parking lot requirements or enter into an Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for all required materials. 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. (Department of Planning Services) H. 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) A total of 100 feet from the centerline of State Highway 14 shall be delineated right-of-way on the plat. (Colorado Department of Transportation) I. The applicant shall contact Dave Tuttle, Weld County Sheriffs Office, to discuss the Crime Prevention Through Environmental Design program and any available options for the site. (Sheriff's Office) USR-1453 Felte/Roberts 4 J. 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) 2. Prior to Operation: A. The access approach shall be surfaced asphalt, concrete or the equivalent to the office and the scale house area. The intent is not to drag, track, or create additional dust on to State Highway 14. (Department of Public Works) B. The off-street parking including the circulation drive throughout the facility shall be surfaced with recycled asphalt, asphalt, concrete or the equivalent and shall be graded to prevent drainage problems. Each parking spot should be equipped with wheel guards where needed to prevent vehicles from extending beyond the boundaries of the space and from coming into contact with other vehicles, walls, fences or plantings. (Department of Public Works) 3. Upon completion of 1. 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 mapsco.weld.co.us. (Department of Planning Services) 5. 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-1453 Felte/Roberts 5 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Tim Felte c/o Shaun Roberts USR-1453 1. The Site Specific Development Plan and Special Use Permit is for a mineral resource development facility (concrete batch plant) 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 trucks transporting materials to and from the site shall cover their loads thus reducing loose materials on the roadway damage to vehicles. (Sheriff's Office) 4. 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 and Environment) 5. 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 and Environment) 6. 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 and Environment) 7. The applicant shall operate in accordance with the approved "waste handling plan". (Department of Public Health and Environment) 8. Any vehicle washing area(s)shall capture all effluent and prevent discharges from drum washing and the washing of vehicles in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. (Department of Public Health and Environment) 9. 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 and Environment) 10. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as delineated in 25 12 103 C.R.S., as amended. (Department of Public Health and Environment) 11. Adequate handwashing and toilet facilities shall be provided for employees and customers of the facility. (Department of Public Health and Environment) 12. 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) 13. The facility shall utilize the existing public water supply (North Weld County Water District). (Department of Public Health and Environment) r USR-1453 Felte/Roberts 6 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. Should the traffic exceed seventeen (17) vehicle trips per day the property owner will be required to complete all required upgrades to the access to State Highway 14 as required by the Colorado Department of Transportation. (Colorado Department of Transportation) 16. A building permit shall be obtained prior to the construction of the concrete batch plant.A plot plan shall be submitted showing all structures with accurate distances between structures, and from structures to all property lines. (Department of Building Inspection) 17. A plan review is required for each building for which a building permit is required. 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) 18. 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: 1997 Uniform Building Code; 1998 International Mechanical Code; 1997 International Plumbing Code;2002 National Electrical Code and Chapter 29 of the Weld County Code. (Weld County intends to adopt the 2003 International Building, Mechanical, Plumbing and Fuel Gas Codes in the first quarter of 2004). (Department of Building Inspection) 19. 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) 20. Building wall and opening protection and limitations and separation of buildings of mixed occupancy classifications shall be in accordance with the Building Code. Setback and offset distances shall be determined by Chapter 23 of the Weld County Code. (Department of Building Inspection) 21. Building height shall be measured in accordance with 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) 22. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and 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) 23. The access approach shall be surfaced asphalt, concrete or the equivalent to the office and the scale house area. The operation shall not drag, track, or create additional dust on to State Highway 14. (Department of Public Works) 24. The off-street parking including the circulation drive throughout the facility shall be surfaced with recycled asphalt,asphalt,concrete or the equivalent and shall be graded to prevent drainage problems. Each parking spot should be equipped with wheel guards where needed to prevent vehicles from extending beyond the boundaries of the space and from coming into contact with other vehicles,walls, fences or plantings. (Department of Public Works) USR-1453 Felte/Roberts 7 25. The screening and landscaping on site shall be maintained in accordance with the approved Landscape/Screening Plan. (Department of Planning Services) 26. Hours of operation shall be from 6:00 a.m. to 6:00 p.m. (Department of Planning Services) 27. The number of People employed on the site shall not exceed seven (7). (Department of Planning Services) 28. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 29. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 30. Weld County Government Personnel 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. 31. 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. 32. 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-1453 Felte/Roberts 8 a 4.1 DEPARTMENT PLANNING SERVICES PHONE (9(970) 353-6103-610 0, EXT.3540 FAX (970)304-6498 ' 1555 N. 17TH AVENUE h iDe GREELEY, COLORADO 80631 COLORADO October 29, 2003 Tim Felte do Shaun Roberts 100 Plowshare Ln Platteville CO 80651 Subject: USR-1453- Request for a Site Specific Development Plan and a Special Review Permit for a mineral resource development facility(concrete batch plant)in the A(Agricultural)Zone District on a parcel of land described as LotA of RE-902;being part of the SW4 Section 10,T7N, R66W of the 6th P.M.,Weld County, Colorado. Dear Applicants: 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 January 6,2004,at 1:30 p.m. This meeting will take place in Room 210, Weld County Planning Department, 1555 N. 17th Avenue, Greeley, 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 Ault and Pierce Planning Commission for their review and comments. Please call Ault at 834-2844 and Pierce at(970)834-2851 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 Pierce 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, n c c az hen Lockman Planner -- PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS DECEMBER 27, 2003 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, SHERI LOCKMAN, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FORrUSR-1441 IN THE A (AGRICULTURAL) ZONE DISTRICT. LI SR-14O3 S`-" SHERI LOCKMAN Name of Person Posting Sign Signature of Person Posting Sign STATE OF COLORADO ) ss. COUNTY OF WELD ) 1 i The foregoing instrument was subscribed and sworn to me this day of sk lJXf _, 2003. WITNESS my hand and official seal. otary Public My Commission Expires: I 1 • S NOTICE liic s MIX Ms NNI a tea r)N�mn asala fr. 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FIELD CHECK inspection date:12/11/03 CASE NUMBER: USR-1453 APPLICANT: Tim Felte c/o Shaun Roberts LEGAL DESCRIPTION: Lot A RE-902, being part of the SW4 Section 10, T7N, R66W of the 6th P.M., Weld County, Colorado LOCATION: North of and adjacent to Highway 14 and '/% mile west of County Road 33 Zoning Land Use N A (Agricultural) N Agricultural E A (Agricultural) E Agricultural S A (Agricultural) S Agricultural / Residential W A (Agricultural) W Agricultural / Residential COMMENTS: The site currently has one steel building. 2 homes are in close proximity to the west and southwest. i Sheri Lockman , Planner II Hello