HomeMy WebLinkAbout20022064.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, along with the change in hours of operation in
Development Standard #13, 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-1338
PLANNER: Robert Anderson
APPLICANT: Molly A. Elliott
REQUEST: A Site Specific Development Plan and a Special Review Permit for an Agricultural Service
Establishment(Farm equipment sales,repair and installation facility,Grain and feed sales)
in the A(Agricultural)Zone District.
LEGAL: Part of the Southeast Quarter of the Southwest Quarter of Section 31, Township
2 North, Range 68 West of the 6th P.M., Weld County, Colorado.
LOCATION: North of and adjacent to State Highway 52, '/2 mile east of Weld County Road 1.
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 ordinances in effect.
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.B. of the Weld County Code provides for Farm equipment
sales, repair and installation facilities, Grain and feed sales 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.Conditions of Approval and Development Standards will ensure that
any incompatibilities will be mitigated.Surrounding land uses are predominantly agricultural
and rural residential in nature.
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.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V of the Weld
County Code as it does not lie within any Overlay Districts. Effective December 1, 1999,
Building Permits issued on the Lot will be required to adhere to
the fee structure of the Southwest Weld Road Impact Program Area 1.
g EXHIBIT
2002-2064
tat1338
Molly Elliott
Page 2
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 proposed site lies on
land designated Irrigated Not Prime by the USDA"Farmlands of National Importance" Map
dated 1979.
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 Planning Commission's recommendation for approval is conditional upon:
1. The attached Development Standards for the Special Review Permit shall be adopted and placed
on the Special Review Plat prior to recording. The completed plat shall be delivered to the Weld
County 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. (Department
of Planning Services)
2. Prior to scheduling a Board of County Commissioners hearing:
A. The applicant shall provide evidence to the Weld County Department of Public Health and
Environment,and the Department of Planning Services,that the well has been appropriately
permitted/registered with the Colorado Department of Natural Resources,Division of Water
Resources and can be used for both commercial and residential use.(Dept.of Public Health
and Environment)
B. The applicant shall submit to the Department of Planning Services a written request to
vacate Special Use Permit 836, an approved Site Specific Development Plan and Special
Review Permit for a Children's Shelter Home in the A (Agricultural) Zone, Applicants
Barbara McMynn and Michael Laage, July 20, 1988.
3. Prior to recording the plat:
A. A detailed Landscape/Screening Plan identifying the number,size and species of landscape
materials, shall be submitted to the Department of Planning Services for review and
approval. The Landscape/Screening Plan shall address maintenance as well as
replacement of the dead or dying landscape materials.The approved Landscape/Screening
Plan shall be delineated on the plat map. (Dept. of Planning Services)
B. The applicant shall provide the Weld County Department of Planning Services a copy of the
access permit issued by the Colorado Department of Transportation (CDOT)which grants
access to State Highway 52, or written evidence that the applicant has complied with the
requirements of the Colorado Department of Transportation. (Dept. Of Public Works)
C. The applicant shall attempt to :Jdress the requirements of the Mountain View Fire
Protection District, as stated in the referral response received June 6, 2001. Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services.
(Mountain View Fire Protection District)
RESOLUTION, USR-1338
Molly Elliott
Page 3
D. In event the maintenance shop is equipped with a floor drain, the applicant must apply for
an Underground Injection Control (UIC) Class V Injection Well permit through the
Environmental Protection Agency (EPA), or provide evidence to the to the Weld County
Department of Public Health and Environment, and the Department of Planning Services,
that the applicant is not subject to the EPA Class V requirements. (Dept. of Public Health
and Environment)
E. The Environmental Health Services Division of the Weld County Department of Health and
Environment was unable to locate a septic permit for the septic system serving the
residence. The septic system 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.
Evidence of approval shall be submitted to the Weld County Department of Planning
Services. (Dept. of Public Health and Environment)
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. (Dept. of Planning Services)
Motion seconded by Michael Miller.
VOTE:
For Passage Against Passage
Cristie Nicklas
Michael Miller
Arlan Marrs
Bryant Gimlin
Jack Epple
John Folsom
Fred Walker
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,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 17, 2001.
Dated 17th o uly, 2001.
LOW
Wendi Inloes
Secretary
,0. SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MOLLY A. ELLIOTT
USR-1338
1. The Site Specific Development Plan and Special Use Permit is for an Agricultural Service
Establishment(Farm equipment sales, repair and installation facility, Grain and feed sales)in the
A (Agricultural) Zone District, as indicated in the application materials on file and subject to the
Development Standards stated hereon. (Dept. 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. (Dept. of Planning Services)
3. An individual sewage disposal system is required for the proposed shop 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. (Dept. of Public Health and Environment)
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. (Dept. 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. (Dept. 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. (Dept.of Public Health and Environment)
7. Fugitive dust shall be controlled on this site. (Dept. of Public Health and Environment)
8. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone
as delineated in 25-12-103 C.R.S. (Dept. of Public Health and Environment)
9. Adequate hand washing and toilet facilities shall be provided for employees and the public.(Dept.
of Public Health and Environment)
10. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and handled in
a safe manner. Reference 25-8-205.5 Colorado Water Quality Control Act and Rules and
Regulations thereof. (Dept. of Public Health and Environment)
11. The facility shall provide an adequate water supply for drinking and sanitary purposes. (Dept. of
Public Health and Environment)
12. Effective December 1, 1999, Building Permits issued on the lot will be required to adhere to the fee
structure of the Southwest Weld Road Impact Program Area 1. (Dept. of Planning Services)
13. The hours of operation shall be 7:00 am to 7:00 pm, Monday through Saturday. Hours of operation
may be extended with specific permission from the Weld County Board of County Commissioners.
(Dept. of Planning Services)
14. The landscaping on site shall be maintained in accordance with the approved Landscape/Screening
Plan. (Dept. of Planning Services)
�.. 15. The off-street parking spaces and the main office parking, including the access drives, shall be
surfaced with gravel, asphalt, concrete, or equivalent, and shall be graded to prevent drainage
problems. No staging or parking will be allowed on the access road.The applicant shall use on-site
parking only.
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 and 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 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.
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