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.
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Sheri Lockman ❖ Planner II .. fp,
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2004-0428
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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
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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
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