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Home My WebLink About20031429.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Stephen Mokray, that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: CZ-1034 APPLICANT: Margaret& George Reynolds PLANNER: Chris Gathman LEGAL DESCRIPTION: NE4SE4, E2NE4 and part NW4NE4 of Section 30, T3N, R67W of the 6th P.M., Weld County, Colorado. REQUEST: Request to rezone a parcel from R-5 (Mobile Home Residential) to A (Agricultural). LOCATION: South of and adjacent to State Hwy 66; approximately 3/4 mile East of WCR 13. 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 23-2-50 of the Weld County Code. 2. The submitted materials are in compliance with Section 23-2-30 of the Weld County Code, as follows: A. Section 23-2-30.A.1.-That the proposed A(Agricultural)Zoning is consistent with the Weld County Comprehensive Plan. A.Policy 1.1 states "Agricultural zoning will be established and maintained and promote the County's agricultural industry. Agricultural zoning is intended to provide areas for agricultural activities and other uses interdependent upon agriculture."There has historically been a feedlotfacility located on this property and a dairy facility is proposed for this property through a special use permit (USR 1405). Dairy facilities are uses that are interdependent upon agriculture. B. Section 23-2-30.A.2. -The uses which would be allowed on the subject property by granting the change of zone will be compatible with the surrounding land uses. Surrounding land uses include agricultural and residential uses. An existing dairy facility(Colorado Dairy)is located to the east of and adjacent to this site. The site is adjacent to agricultural land to the north and west and land located within the floodplain of the St.Vrain River to the south. Grandview Estates Subdivision(within the Town of Mead)is located approximately 1/4 mile north and west of the site(north of Highway 66).There is a pending Special Use Permit for a dairy on this property. The Development Standards, Conditions of Approval, and Operations Standards for the special use permit (should it be approved) will effectively mitigate any adverse impacts to surrounding areas. C. Section 23-2-30.A.3.-Adequate water and sewer service can be made available to the site to serve the uses permitted within the proposed zone district. The property is located within the service areas for the Saint Vrain Sanitation District and Little Thompson Water District. The Saint Vrain Sanitation District and Little Thompson Water District have indicated that they are capable of providing water and sewer services to the property for the existing uses and for the proposed dairy facility. D. Section 23-2-30.A.4. - Street or highway facilities providing access to the property are adequate in size to meet the requirements of the proposed zone districts. The property borders and accesses off of State Highway 66. The Colorado Department of Transportation (CDOT)did not provide a referral response for this application. However,the applicants are applying for a special use permit (USR 1405) for a dairy operation on this property concurrent with this change of zone application. CDOT,in their USR 1405 referral response received March 5, 2003, indicated that a new access permit would be required if traffic volumes for the proposed dairy facility exceed the historic traffic volumes for the orior feedlot operation. EXHIBIT 2003-1429 CAS #1O31/' Resolution CZ-1034 George Reynolds Page 2 E. Section 23-2-30.A.5.-In those instances where the following characteristics are applicable to the rezoning request, the applicant has demonstrated compliance with the applicable standards: 1) Section 23-2-30.A.5.a. -The southeastern portion of the property is located within the 100-year floodplain. Any building within the 100-year floodplain will require a flood hazard development permit. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Wide Road Impact Program, Area 3. (Ordinance 2002-11) 2) Section 23-2-30.A.5.b. - The proposed rezoning does not contain the use of any area known to contain a commercial mineral deposit in a manner which would interfere with the present or future extraction of such deposit by an extraction to any greater extent than under the present zoning of the property. (Waiting on certification from qualified geologist orother professional that states this is the case. If letter is not received,prior to mailing packets. I will recommend a continuance). 3) Section 23-2-30.A.5.c. - Soil conditions on the site are not such that they present moderate or severe limitations to the construction of structures of facilities proposed for the site. A soils report and two sets of building and engineered foundation plans (with registered Colorado engineer stamp) is required for all building permits. 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. r The Change of Zone from R-5(Mobile Home Residential)to A(Agricultural)is conditional upon the following: 1. The change of zone plat map shall be submitted to the Department of Planning Services for recording within 60 days of approval by the Board of County Commissioners. 2. Prior to recording the Change of Zone plat: 1) All sheets of the plat shall be labeled CZ-1029. (Department of Planning Services) 2) The plat shall adhere to Section 27-9-20 of the Weld County Code which outlines the requirements for the Change of Zone plat. (Department of Planning Services) 3) The Change of Zone plat shall include the following: 1) The existing and future right-of-way for State Highway 66. (Department of Public Works) D. The following notes shall be delineated on the Change of Zone plat: 1. The Change of Zone allows for uses which shall comply with the A (Agricultural) Zone District requirements as set forth in Section 23-3-10 through Section 23-3-50 of the Weld County Code. (Department of Planning Services) 2. Any signage located on the property shall require building permits and adhere to Section 23-4-100 of the Weld County Code. (Department of Planning Services) 3. The site shall maintain compliance at all times with the requirements of Weld County Government. (Department of Planning Services) 4. Any future structures or uses on site must obtain the a ppropriate zoning and building permits. (Department of Planning Services) Resolution CZ-1034 George Reynolds Page 3 5. If applicable, installation of utilities shall comply with Article VII, Chapter 24, of the Weld County Code. (Department of Planning Services) 6. 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) 7. 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) 8. 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) 9. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment) 10. The Facility shall adhere to the maximum permissible noise levels allowed in the Light Industrial Zone District as delineated in 25-12-103, C.R.S. (Department of Public Health and Environment) 11. The installation of any septic system within the 100-year flood plain shall comply with the Weld County I.S.D.S. flood plain policy. In accordance with the State of Colorado I.S.D.S. Regulations, n o septic system s hall b e installed within the floodway. (Department of Public Health and Environment) 12. 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) 13. 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. (Department of Building Inspection) 14. 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) 15. Building height shall be limited to the maximum height allowed per UBC Table 5-B. Wall and opening protection and limitations shall be in accordance with UBC Table 5-A. Separation of buildings of mixed occupancy classifications shall be in accordance with UBC Table 3-B and Chapter 3. Setback and offset distances shall be determined by the Zoning Ordinance. (Department of Building Inspection) 16. Building height shall be measured in accordance with the 1997 Uniform 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 27 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) Resolution CZ-1034 George Reynolds Page 4 17. A Flood Hazard Development Permit shall be submitted for buildings constructed within the 100-year flood plain. (Department of Building Inspection) 18. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) 19. The site shall maintain compliance with the Weld County Code, at all times. (Department of Planning Services) Motion seconded by Bryant Gimlin VOTE: For Passage Against Passage Absent Fred Walker Michael Miller John Folsom John Hutsom Bryant Gimlin Stephen Mokray Bruce Fitzgerald James Rohn Bernard Ruesgen The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings. CERTIFICATION OF COPY I, Voneen Macklin, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on April 15, 2003. Dated the 15th of April, 2003. Voneen Macklin Secretary r SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, April 15, 2003 A regular meeting of the Weld County Planning Commission was held Tuesday 2003, in the Weld County Public Health/Planning Building, (Room 210), 1555 N. 17th Avenue, Greeley, Colorado. The meeting was called to order by Chair, Michael Miller , at 1:30p.m. ROLL CALL Michael Miller Bryant Gimlin James Rohn Absent Fred Walker Absent John Folsom Stephan Mokray John Hutson Bernard Ruesgen Absent Bruce Fitzgerald Also Present: Kim Ogle, Sheri Lockman, Pam Smith, Peter Schei, Don Carroll,Wendi Inloes, Chris Gathman The summary of the last regular meeting of the Weld County Planning Commission held on April 1,2003,was approved as read. The following items are on the Consent Agenda: CASE NUMBER: MF-609 PLANNER: Sheri Lockman APPLICANT: Steve Klen & Lori Guttenstein LEGAL DESCRIPTION: Lot A of RE-2912; being part of the W2 Section 2, T2N, R67W of the 6th P.M., Weld County, Colorado. REQUEST: Final Plat for a Six (6) Lot Minor Subdivision (Moorea Manor) LOCATION: West of and adjacent to WCR 21 %and North and adjacent to WCR 24 '/. For a more precise location, see legal. CASE NUMBER: USR-1421 APPLICANT: Corrine Lewis &Troy& Kristi Miller PLANNER: Wendi Inloes LEGAL DESCRIPTION: S2 NW4 Section 20, T3N, R68W of the 6th P.M., Weld County, Colorado. REQUEST: A Site Specific Development Plan and a Special Review Permit for a single family dwelling unit(other than those permitted under Section 23-3-20A) in the A(Agricultural) Zone District. LOCATION: East of and adjacent to WCR 3; '/: mile south of WCR 32. CASE NUMBER: CZ-1034 APPLICANT: Margaret&George Reynolds PLANNER: Chris Gathman LEGAL DESCRIPTION: NE4SE4, E2NE4 and part NW4NE4 of Section 30, T3N, R67W of the 6th P.M., Weld County, Colorado. REQUEST: Request to rezone a parcel from R-5 (Mobile Home Residential) to A (Agricultural). LOCATION: South of and adjacent to State Hwy 66;approximately 3/4 mile East of WCR 13. John Folsom asked Mr. Gathman about the zoning issues. Mr. Gathman indicated a special use application is pending. A portion of the property was zoned from Agricultural to R-5 back in 1981. The pending special use permit will correct the situation. The use is agricultural in nature. r Stephen Mokray moved to approve the Consent Agenda. Bryant Gimlin seconded.Consent agenda approved. 4 EXHIBIT � Page -1- <n/✓ Pa Hello