HomeMy WebLinkAbout20021697.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bryant Gimlin, 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: USR-1391
APPLICANT: Howard &Veronica Cantrell
PLANNER: Carla Angeli
LEGAL DESCRIPTION: Lot A of RE-1057; Pt. of the SW4 of Section 1,T2N, R67W of the 6th P.M.,
Weld County, Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for a use by
right, an accessory use, or a use by special review in the commercial zone
district (retail shop-selling trees, shrubs, grain, garden decor, and jewelry)
in the A(Agricultural)Zone District.
LOCATION: East of and adjacent to Weld County Road 23 and North of and adjacent to
Weld County Road 24.
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 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission 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 22-2-150B. C.2. states"Ensure
the compatibility of commercial land uses with adjacent land uses." The proposed retail
shop is located in the southwest portion of the property near the existing single family
residence. The building is screened by trees off of Weld County Road 23. The shop will
be selling trees, shrubs,and grain raised by local farmers. The main portion of the property
is designated as "Not Prime" by the Farmlands of National Importance map dated 1979.
This retail shop will not affect agricultural practices on site or those on surrounding
properties. The Conditions of Approval and Development Standards will ensure
compatibility with surrounding land uses.
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 of the Weld County Code provides for any use permitted as
a use by right, an accessory use, or a use by special review in the commercial zone district
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. The uses to the north, east, south, and west are farms with single
family residences. There are existing oil and gas tanks on the property. The Town of
Platteville is located three miles to the north and Firestone is located four miles west of the
proposed site. To the west five miles a strip mall is under construction. Other uses include
a greenhouse and commercial tree wholesaler approximately one mile from the site.
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 t-
code provisions or ordinances in effect, or the adopted Master Plans of affected m/�(�
municipalities. The site lies within the three mile referral area of the Town of Platteville. A =t-a-)
response received on May 29, 2002, from the Platteville Board of Trustees indicates they x
have reviewed the request and find no conflicts with their interests. rt
E. Section 23-2-220.A.5--The eastern portion of the site does lie within the 100 year flood plain Tonswe'nes
as identified by the Flood Insurance Rate Map Community Panel Map 080266 0860C dated
2002-1697
Resolution USR-1391
Veronica Cantrell
Page 2
September 28, 1982. The site of the proposed shop is located in the southwest corner of the
property and is not within the flood plain area.
6. 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 majority of the 29.4 acre
site is designated as"not prime" as mentioned earlier. The proposed shop will be situated
in close proximity to the single family residence in the southwest portion of the property off
of Weld County Road 23. The retail shop will not make agricultural practices less efficient.
7. 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 Planning Commission's recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The plat shall be labeled Use by Special Review 1391 (Department of Planning Services)
B. The plat shall delineate the following:
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1. The attached Development Standards. (Department of Planning Services)
2. The approved landscaping, screening, lighting, and parking plans.
3. A sign plan which conforms to the requirements for signs in the A(agricultural)zone
district with the exception of Section 23-4-90.B. One four foot (4') by four foot(4')
sign shall be displayed on the retail shop and two,two foot(2')by two foot(2')signs
shall be displayed on the north and south ends of the property located off of Weld
County Road 23.
4. The proposed location of future restroom facilities within the retail shop
C. 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)
D. The applicant shall address the requirements of the Department of Public Health and
Environment regarding the septic system as stated in the referral received May 24,2002.The
existing septic system serving the residence shall be reviewed by a Colorado Registered
Professional Engineer. The review shall consist of an 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 address the requirements of the Department of Planning Services
regarding landscaping, screening, lighting, signage, and parking as stated in the referral
received May 16, 2002. A plan addressing the above issues shall be submitted for review
and approval to the Department of Planning Services. (Department of Planning Services)
Resolution USR-1391
Veronica Cantrell
Page 3
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F. The applicant shall enter into an Improvements Agreement according to policy regarding
collateral for improvements and post adequate collateral for transportation and non-
transportation requirements. The agreement and form of collateral shall be reviewed by
County Staff and accepted by the Board of County Commissioners prior to recording the plat.
(Department of Planning Services)
The applicant shall address the requirements of the Department of Public Works as stated
in their referral response received June 4, 2002. These include identifying on the plat an
additional 10 of right-of-way for Weld County Road 23 and any right-of-way on the south end
of the parcel. The applicant shall show on the plat the size and dimension of the parking lot
and configuration of parking spaces to accommodate three parking spaces. (Department of
Public Works)
H. The applicant shall establish one of the houses on the property as a non conforming structure
with the Department of Planning Services. (Department of Planning Services)
2. 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)
3. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this
es-
Recorded Exemption/Subdivision Exemption/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 maps(@.co.weld.co.us. (Department
of Planning Services)
4. Prior to operation:
A. A building permit shall be obtained for a change of use to a retail sales building. All
applicable permits and plans shall be submitted for review and approval to the Department
of Building Inspection as stated in the referral response received May 21,2002. (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)
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
�-. Howard and Veronica Cantrell
USR-1391
1. The Site Specific Development Plan and Special Use Permit is for use by right, an accessory use,
or a use by special review in the commercial zone district (retail shop-selling trees, shrubs, grain,
decor, and jewelry) 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. The hours of operation shall be from 10:00 a.m. to 6:00 p.m. Daily. (Department of Planning
Services)
4. 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)
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,
blowing debris, and other potential nuisance conditions. (Department of Public Health and
Environment)
7. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment)
8. The facility shall adhere to the maximum permissible noise levels allowed in the(Commercial)Zone
District as delineated in 25-12-103, C.R.S. (Department of Public Health and Environment)
9. Adequate handwashing and toilet facilities shall be provided for patrons of the facility. Patrons of the
retail shop shall be allowed to use the toilet facilities located in the residence. (Department of Public
Health and Environment)
10. All pesticides,fertilizer, and other potentially hazardous chemicals must be stored and handled in a
safe manner in accordance with product labeling, pursuant to Section 25-8-205.5 Colorado Water
Quality Control Act and Rules and Regulations. (Department of Public Health and Environment)
11. The facility shall utilize the existing public water supply (Central Weld County Water District).
(Department of Public Health and Environment)
12. If applicable, the applicant shall obtain a Storm Water Discharge Permit from the Colorado
Department of Public Health and Environment,Water Quality Control Division.(Department of Public
Health and Environment)
13. Off street parking spaces including access drives shall be surfaced with gravel, asphalt,concrete,or
the equivalent, and shall be graded to prevent drainage problems. (Department of Public Works)
14. The landscaping on site shall be maintained in accordance with the approved Landscape Plan.
(Department of Planning Services)
15. Signs shall adhere to Section 23-4-90.A and .B of the Weld County Code. (Department of Planning
Services)
Resolution USR-1391
Veronica Cantrell
Page 2
16. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
17. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
18. Personnel from the Weld County Departments of Public Health and Environment, Planning Services
and Public Works 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.
19. 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.
20. 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.
Motion seconded by
VOTE:
For Passage Against Passage Absent
Cristie Nicklas
Fred Walker
Michael Miller
John Folsom
Cathy Clamp
Bryant Gimlin
Stephen Mokray
Luis Llerena
Bruce Fitzgerald
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 June 18, 2002.
Dated the 18th of June, 2002.
-YQ!Wa-
Voneen Macklin
Secretary
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