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HomeMy WebLinkAbout991738.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Jack Walker Case Number USR-1227 Submitted or Prepared Prior to At Hearing Hearing 1 Staff Comments (7 pages) X 2 Letter to Applicant X 3 Field Check Form X 4 Affidavit of Publication, Fort Lupton Press X 5 Application (12 pages) X 6 Referral List(2 pages) X 7 Weld County Planning Commission, referral received 4/6/99 (2 X pages) 8 Fort Lupton Planning Commission, referral received 3/26/99 X 9 Weld County Zoning Compliance Officer, referral received X 3/12/99 10 Weld County Health Department, referral received 3/31/99 X 11 Weld County Public Works Department, referral received 3/10/99 X (2 pages) 12 Weld County Building Inspection, referral received 3/18/99 X 13 Fort Lupton Fire Department, referral received 3/16/99 X 14 Colorado Department of Transportation, referral received 3/17/99 X 15 Vicinity Map X 16 Vicinity Map X 17 Certificate of Conveyances (9 pages) X 18 Surrounding Property Owners List(2 pages) X 19 Colorado Division of Water Resources (4 pages) X 20 Soil Report X 21 Sign Posting Certificate x (A ) 22 23 24 991738 I hereby certify that the 21 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office. hilZkLI_Ji ��92,61 - Anne Best John on 4 Planner STATE OF COLORADO ) COUNTY OF WELD ) SUBSCRIBED and SWORN TO BEFORE ME THIS_ day of ,t/ 19 99 . SEAL il}9k/0442i C07_ NOTARY PUBLIC MY COMMISSION EXPIRES 9/000/ Acr*n, lllDc LAND USE APPLICATION SUMMARY SHEET COLORADO Case Number. USR-1227 Hearing Date: May 4, 1999 Applicant: Jack Walker Address: 13550 Grandby Street Brighton Colorado 80601 Request: A Site Specific Development Plan and a Special Review Permit for an Agricultural Service Establishment (an Establishment for the Manufacture of Animal Confinement Structures) in the Agricultural (A) Zone District. Legal Description: Lot 2 of RE 1039, Pt. W2 NW4 Section 20, T2N, R66W Location: East of and adjacent to US HWY 85 and 350' North of WCR 18.5 Size of Parcel: 13.4 acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 24.3 of the Weld County Zoning Ordinance. The Department of Planning Services' staff has received responses from the following agencies: Weld County Department of Public Works, referral received 4/9/99 Weld County Department of Health, referral received 3/31/99 Weld County Building Inspection, referral received 3/18/99 Weld County Planning Commission, Jack Epple, referral received 4/6/99 Fort Lupton Fire Department, referral received 3/15/99 Fort Lupton Planning Commission, referral received 3/26/99 Colorado Department of Transportation, referral received 3/17/99 Weld County Zoning Compliance Officer, referral received 3/12/99 OMNI 1 SPECIAL REVIEW PERMIT h iDe ADMINISTRATIVE REVIEW COLORADO PLANNER: Anne Best Johnson CASE NUMBER: USR-1227 HEARING DATE: May 4, 1999 APPLICANT: Jack Walker ADDRESS: 13550 Grandby Street Brighton Colorado 80601 REQUEST: A Site Specific Development Plan and a Special Review Permit for an Agricultural Service Establishment (an Establishment for the Manufacture of Animal Confinement Structures) in the Agricultural (A) Zone District. LEGAL DESCRIPTION: Lot 2 of RE 1039, Pt. W2 NW4 Section 20, T2N, R66W LOCATION: East of and adjacent to US HWY 85 and 350' North of WCR 18.5 SIZE OF PARCEL: 13.4 acres PARCEL NUMBER: 1309 20 000044 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 24.7 of the Weld County Zoning Ordinance, as amended. 2. It is the opinion of the Department of Planning Services's staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance, as amended, as follows: a. Sea'ion 24.3.1.1 --This proposal is consistent with the Weld County Comprehensive Plan, as amended. A.Goal 2 states, "Allow commercial and industrial uses which are directly related to or dependent upon agriculture to locate within Agricultural zoning when the impact to surrounding properties is minimal, and where adequate services and infrastructure are available." The applicant is proposing to fabricate animal confinement structures on a small parcel within the Agricultural Zone district. The rail road, US Highway 85, oil support activities and property which has been zoned 2 Industrial (1-3) are the property boundaries. The impact to surrounding land uses is minimal, the applicant has submitted evidence of well water and will apply for the appropriate individual sewage disposal system. b. Section 24.3.1.2--This proposal is consistent with the intent of the A (Agricultural) zone district. According to Section 31.1 of the Weld County Zoning Ordinance, as amended, "The A District is also intended to provide areas for the conduct of Uses by Special Review which have been determined to be more intense or to have a potentially greater impact than Uses Allowed by Right." Additionally, Section 31.4.2 of the Weld County Zoning Ordinance, as amended states that"Agricultural Service esta'olishments primarily engaged in performing agricultural, animal husbandry, or horticultural services on a fee or contract basis, including: farm equipment sales, repair, and installation facilities." Section 31.3.18 of the Weld County Zoning Ordinance, as amended, further states that"Any use permitted as a use by right, an accessory use, or a use by special review in the Commercial or Industrial zone districts provided the property is not a LOT in an approved or recorded subdivision plat or LOTS part of a map or plan filed prior to adoption of any regulations controlling subdivisions." This application is for the fabrication of animal confinement structures to be sold on site. A.Goal 1 of the Weld County Comprehensive Plan states, "Preserve prime farmland for agricultural purposes which foster the economic health and continuance of agriculture." Although the site is located on prime farmland, as recognized on USDA maps on file with the Weld County Department of Planning Services, the site is bordered by a rail road right-of-way on the east, a fuel transfer station on the south, and US Highway 85 on the west. These limitations have created an "island" of prime farmland of 13.4 acres. This "island" configuration is not conducive to efficient farming. c. Secf`ion 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. This site is bound by the railroad on the east, State Highway 85 on the west, a fuel transfer station on the south, and WCR 20 on the north. A residence exists adjacent to and north of the proposed use site. The application is consistent with development on adjacent property. The applicant shall adhere to noise and dust regulations to provide compatible operations adjacent to residential uses. 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 Fort Lupton Planning Commission did respond and did not indicate conflicts 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 applicant stated that improvements, excluding the 3 building shall be removed from the site should the special use permit be vacated. The applicant also stated that once improvements were removed from site, the land could be returned to agricultural production. This site is bound by the railroad on the east. State Highway 85 on the west, a fuel transfer station on the south, and WCR 20 on the north. The adjacent uses create an island of farmland. This site configuration is not conducive to agricultural production. 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 Department of Planning Services' staff 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 15 days of approval by the Board of County Commissioners. 2. Prior to recording the plat: A. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Recorded Exemption plat for RE- 2454 and the Special Review plat are ready to be recorded in the office of the Weld County Clerk and Recorder. The Recorded Exemption was approved by Planning staff on April 1, 1999 to bring an illegal parcel into compliance with the State of Colorado and Weld County's minimum lot size requirements. B. The plat shall be amended to include the following: Yll1Th 1. The approved drainage an retention rea (Public Works). 2. The applicant shall submit a landscaping plan to the Department of Planning Services for review and approval. The landscaping plan shall indicate location and species of all plant materials, planting implementation schedule and landscape maintenance plan in accordance with Section 24.5.1.10 of the Weld County Zoning Ordinance. (Dept. Of Planning Services). 3. State Highway 85 requires 75' (Seventy-five feet) of right: of way and shall be delineated on the plat. (CDOT). 4 C. This application identifies additional northbound/southbound deceleration turn lanes onto WCR 20 in the future. The applicant shall contact the Colorado Department of Transportation to verify additional right-of-way improvements needed at the intersection of WCR 20 and State Highway 85. (Public Works) D. The applicant shall submit a parking and landscape plan to the Department of Planning Services for approval. This plan shall include screening of the fenced work area from State Highway 85. The parking plan shall be made in accordance with Section 41 of the Weld County Zoning Ordinance. (Dept. Of Planning Services) E. The applicant shall work with the Weld County Public Works Department regarding the outcome of the traffic count currently being conducted at WCR 20 and State Highway 85. (Public Works). F. Should the traffic volumes generated by this application increase by 20%, the Colorado Department of Transportation shall have the authority to ask for additional requirements to meet the impacts of increased traffic. (CDOT). G. The applicant shall address concerns of the Fort Lupton Fire Department and submit evidence to the Department of Planning Services that conditions have been met. (Planning Services). H. Dust suppressant shall be placed on the access road and parking lot areas at the direction of the Weld County Public Works Department. (Public Works). State Highway 85 requires seventy-five (75) feet of right of way. This right- of-way is measured from the centerline of State Highway 85 and shall be delineated on the plat. (CDOT). J. The access road shall be a minimum of twenty-four (24) feet wide to accommodate two-way traffic. The access road shall be clearly delineated on the plat. (Public Works). K. The storm water drainage shall be routed in a southeasterly direction into a holding pond. The holding pond shall be clearly delineated on the plat. (Public Works). 5 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS USR-1227: Jack Walker 1. The Site Specific Development Plan and Special Use Permit is for a 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. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-101, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Public Health). 4. No permanent disposal of wastes shall be permitted at this site. (Public Health). 5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. (Public Health). 6. Fugitive dust shall be controlled on this site. (Public Health). 7. 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. (Public Health). 8. An individual sewage disposal system is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. (Public Health). 9. The facility shall use the existing well. (Public Health). 10. The building and foundation shall be designed by an architect or engineer registered by the State of Colorado. (Building Inspection). 11. Recycled asphalt base shall be used for the access road and parking area. (Public Works). 12. Adequate toilet facilities shall be provided for the employees (Public Health). 13. 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. (Planning). 14. 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. (Planning). 6 15. Personnel from the Weld County Health Department and Weld County Department of Planning Services 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 hereon and all applicable Weld County regulations. (Planning). 16. 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. (Planning). 17. The properly 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. (Planning). 7 11(.1(---"ntos ‘:, Weld County Referral 111Dc: March 19, 1999 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Jack Walker Case Number USR-1227 Please Reply By March 30, 1999 Planner Anne Best Johnson Project Site Specific Development Plan and Special Review Permit for the Manufacturing of Animal Confinement Structures in the A(Agricultural) Zone District . Legal Lot 2 of RE-1039; being part of the W2 NW4 of Section 20, T2N, R66W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to US 85; 350' north of WCR 18.5. Parcel Number 1309 20 000044 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideratioi to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable) May 4, 1999 i We have reviewed the request and find that it does/does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: () _ / Signature / Date A Agency +Weld County Planning Dept. +1400 N. 17th Ave.Greeley,CO. 80631 +(970)353-6100 ext.3540 +(970)352-6312 fax • 1 7 4 DEPARTMENT OF PLANNING SERVICES *111, c1( PHONE (970) 353-6100, EXT.3540 FAX (970) 352-6312 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORA:DO March 10, 1999 Jack Walker 13550 Granby Street Brighton, CO 80601 Subject: USR-1227 - Request for a Site Specific Development Plan and Special Review Permit for the Manufacturing of Animal Confinement Structures in the A(Agricultural) Zone District on a parcel of land described as Lot 2 of RE-1039; being part of the W2 NW4 of Section 20, T2N, R66W of the 6th P.M., Weld County, Colorado. Dear Mr. Walker: 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 May 4, 1999, at 1:30 p.m. This meeting will take place in Room 101, Commissioner's Hearing Room, Weld County Centennial Center, 915 10th Street, 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 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 Gf the submitted materials to the Fort Lupton Planning Commission for its review and comments. Please call City of Fort Lupton at 970-346-0326 for further details regarding the date, lime, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Fort Lupton 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, ����G ( EXHIBIT Anne Best Johnson I G► Long Range Planner FIELD CHECK inspection dale: 2269 CASE NUMBER: ')SR 122-7 APPLICANT: CCU* 'AN I KCr LEGAL DESCRIPTION: LDt- 2 /QE )(731 't- W2 N W4 20 Z'/O 01YLOCATION:e (,� .� TO la e oun oa -biSg5 4i1z( N r(j 1NCn / g",5" Zoning Land Use N A (Agricultural) N RbSid&rutfiti, / res toylce, E A (Agricultural) E WON' (0' (V) S A (Agricultural) S oil : tit/} W A (Agricultural) W /15 5 , , H COMMENTS: LMieL Jouud a/K/1u J)rvQt-1 N Anne Best Johnson, Long-Range Planner SIT FIELD CHECK FILING NUMBER: USR-1227 DATE OF INSPECTION: APPLICANTS NAME.: Jack Walker PLANNER: Anne Best Johnson REQUEST: Site Specific Development Plan and Special Review Permit for the Manufacturing of Animal Confinement Structures in the A(Agricultural)Zone District . LEGAL DESCRIPTION: Lot 2 of RE-1039; being part of the W2 NW4 of Section 20, T2N, R66W of the 6th P.M., Weld County, Colorado. LOCATION: East of and adjacent to US 85; 350' north of WCR 18.5. LAND USE: E_ �t _ )ThS W_ 4- ZONING: N A(Agricultural) E A(Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: P.C. ber Hello