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HomeMy WebLinkAbout981752.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Arlan Marrs that the following resolution be introduced for passage by the Weld County Planning Commission, along with the addition of Condition of Approval#4, and change to Development Standard #10, in the wording industrial to residential. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR-1192 APPLICANT: Little Thompson Water District ADDRESS: 835 E. Highway 56, Drawer G, Berthoud, CO 80513 PLANNER: Julie A. Chester REQUEST: A Site Specific Development Plan and a Special Review Permit for a Treated Water Storage Tank and Future Tower Site LEGAL DESCRIPTION: Part of the NE4 of Section 4, T4N, R68W of the 6th P.M., Weld County, Colorado LOCATION: South of State Highway 60 and West of WCR 7 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 24.7 of the Weld County Zoning Ordinance, as amended. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance, as amended, as follows: a. Section 24.3.1.1 --This proposal is consistent with the Weld County Comprehensive Plan, as amended. A.Goal 6 of the Comprehensive Plan states that public facilities and services such as sewer, water, roads, schools, and fire and police protection must be provided and developed in a timely, orderly, and efficient manner to support the transition of agricultural land to urban development. The expansion of public facilities and services into predominantly rural agricultural areas, when the expansion conflicts with other existing goals and policies, will be discouraged. In evaluating a land-use application, Weld County representatives and the applicant will consider the public facilities and services goals and policies. This facility is currently consisting of a 2.5 million gallon water tank. The addition of the 5.0 million gallon tank does not take any prime farm ground out of production and is consistent with the public facilities and services goals and policies. Soils on the Special Review permit site are classified as"other lands" by the U.S.D.A. Soil Conservation Service. The location of the Special Review Permit area and the attached Conditions of Approval and Development Standards make the proposed use consistent with the Weld County Comprehensive Plan's Agricultural, Environmental Quality and Public Facilities Goals and policies. b. Section 24.3.1.2 -- This proposal is consistent with the intent of the A (Agricultural) zone district. Section 31.4.4 of the Weld County Zoning Ordinance provides for public utilities facilities including major facilities of public utilities, as a Use by Special review in the Agricultural zone district. EXHIBIT 981752 RESOLUTION, USR-1192 Little Thompson Water District Page 2 c. Section 24.3.1.3 -- The proposal is consistent with Section 24.3.1.3 of the Weld County Zoning Ordinance, as amended and will be compatible with future development of the surrounding area. The proposal is compatible with the existing surrounding land uses and with the future development of the surrounding area as permitted by the existing county zoning and the Weld County Comprehensive Plan. The surrounding land uses include agricultural uses, residences and a large dairy. d. Section 24.3.1.4 -- The proposed uses will be compatible with future development of the surrounding area as permitted by the A (Agricultural) zone districts and with the future development as projected by the Comprehensive Plan or Master Plan of affected municipalities. The Town of Johnstown did not return their referral comments and Larimer County indicated no conflict with their interests e. Section 24.3.1.5--The proposal is not located within the Overlay District Areas identified by maps officially adopted by Weld County. f. Section 24.3.1.6--The applicant has demonstrated a diligent effort to conserve productive agricultural land. The proposed use is not located in an area designated as prime farm ground, therefore no productive farmground is being taken out of production. The property in which the new 5.0 million gallon tank is to be located is on a large hill and does not appear to be farmed at this time. g. Section 24.3.1.7 --The Design Standards (Section 24.5 of the Weld County Zoning Ordinance, as amended), Operation Standards (Section 24.6 of the Weld County Zoning Ordinance, as amended), Conditions of Approval, and Development Standards ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and county. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Planning Commission's recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review Plat prior to recording the plat. The completed plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 30 days of approval by the Board of County Commissioners. (Dept. of Planning) 2. Prior to recording the plat: A. A detailed landscaping plan identifying the number, size and species of landscaping materials/buffering materials, shall be submitted to the Department of Planning Services for review and approval. The plan shall also address maintenance of the landscaping materials and potential replacement of dying materials. The approved plan shall be delineated on the plat map.(Planning) B. The applicant shall provide adequate toilet facilities (port-a-pottie) during the construction of the facility. (Health Dept.) 991..752 RESOLUTION, USR-1192 Little Thompson Water District Page 3 C. The applicant shall delineate on the plat, a traffic circulation plan throughout the site and adequate parking to accommodate all users. (Public Works) D. The proposed access to the facility shall be graded and drained all weather access. The existing access shall be abandoned. (Public Works) E. The applicant shall submit a Storm Water Drainage Plan to the Department of Public Works for review and approval. An approved copy of this plan shall be submitted to the Department of Planning Services. (Public Works) F. The applicant shall submit a complete Subdivision Exemption application for review by the Department of Planning Services. (Planning) 3. 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. (Planning) 4. The Site Specific Development Plan and Use by Special Review Permit shall be amended to include the specific details of the proposed "multi-use"tower, at the time it is to be built. Motion seconded by Stephan Mokray. VOTE: For Passage Against Passage Glenn Vaad Michael Miller Marie Koolstra Arlan Marrs Jack Epple Stephan Mokray The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Wendi Inloes, 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 July 21, 1998. Dated the 21st of f 1998. (LkLa Wendi Inloes Secretary 981752 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Little Thompson Water District USR-1192 1. The Site Specific Development Plan and Special Use Permit is for a Treated Water Storage Tank and Tower Site in the A(Agricultural)zone district, as indicated in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. (Planning) 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance, as amended. (Planning) 3. No permanent disposal of wastes shall be permitted at this site. (Health Department) 4. Fugitive dust shall be controlled on this site. (Health Department) 5. The water system shall comply with the requirements for a community water system as defined in the Primary Drinking Water Regulations (5CCR1003-1). (Health Department) 6. The applicant shall provide adequate toilet facilities (port-a-potties) during the construction of the facility. (Health Department) 7. The landscaping on site shall be maintained in accordance with the approved landscaping plan. (Planning) 8. There shall be no staging or parking along WCR 7. All parking, loading and off-loading shall be on- site. (Public Works) 9. The access road shall be maintained by the operator to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all-weather driving capabilities. (Berthoud Fire District, Public Works) 10. The maximum permissible noise level shall not exceed the residential limit of 55 dB(A), as measured according to 25-12-102, Colorado Revised Statutes. (Health Department) 11. All construction on the property shall be in accordance with the Weld County Building Code Ordinance. (Planning) 12. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance, as amended. 13. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance, as amended. 14. Personnel from the Weld County Health Department and Weld County Planning Department 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. 15. 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 Planning Commission 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. 16. 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. 981752 Hello