HomeMy WebLinkAbout20020786 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
/^ Moved by Cristie Nicklas, along with the amendment to B #4, 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-1374
PLANNER: S.Vogt
APPLICANT: Virtus and Amy Banowetz
24081 Weld County Road 50
LaSalle, Colorado 80645
REQUEST: A Site Specific Development Plan and a Special Review Permit for a
Use permitted as a Use by Right, an Accessory Use, or a Use by
Special Review in the Commercial or Industrial Zone Districts
(Septic/Cement Contractor; Storage Building) in the A (Agricultural)
Zone District.
LEGAL DESCRIPTION: Lot A of RE-2358, Part of the Southwest Quarter, Section 31, Township
5 North, Range 64 West of the 6th Prime Meridian, Weld County,
Colorado
LOCATION: North of and adjacent to Weld County Road 50, East of and adjacent to
Weld County Road 49. Approximately 2 miles Southwest of Kersey.
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. The proposed site is less than eighty
(80)acres(approximately 10 acres); less than the number of acres to retain viable farming
operations.As per Section 22-2-60 I.A. 1., ..."Lots of lesser size are not generally practical
to farm due to large-scale management practices existing today."
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.R.of the Weld County Code provides for a Use by Right,an
Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts
(Septic/Cement Contractor; Storage Building) 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. To the North,South,and West are rural residential uses and crops;
to the East is a field. Conditions of Approval and Development Standards will ensure that
any incompatibilities will be mitigated.
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 Chapter22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site lies within the three mile referral area of the Town of Kersey. No
referral response has been received from the Town of Kersey. �. 7
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E. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County 10 M
Code. The site lies within the Airport Overlay District. In the referral response received
2/7/02, the Greeley-Weld County Airport found no conflict with the proposed use. r 41
F. Section 23-2-220.A.6--The proposal is located on a site that is designated "Other Land" m'w.ms eua
by the USDA Soil Conservation Services Important Farmlands Map of Weld County, 1979. ' V
2002-0786
Resolution USR-1374
Virtus Banowetz
Page 2
Given the small size of the parcel (approximately 10 acres), and USDA Soil Conservation
designation little if any agriculturally productive land will be removed from production.
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 the following:
1. Prior to recording the Plat:
A. The plat shall be amended to delineate the following:
1) A total of 30 feet from the centerline of Weld County Road 50 shall be delineated
right-of-way on the plat. The Use by Special Review shall be granted one
residential access and one business access from Weld County Road 50.
(Department of Public Works)
2) The approved Landscape/Screening/Sign/Parking Plan. (Department of Planning
Services)
3) The approved Drainage Plan and any necessary detention areas. (Department of
Planning Services)
B. The applicant shall submit a revised Landscape/Screening/Sign/Parking Plan to the
Department of Planning Services for review and approval.The applicant shall include in the
Landscape/Screening/Sign/Parking Plan the following information:
1) An installation schedule which specifies when the landscaping will be installed on
site. (Department of Planning Services)
2) A Plant Material List specifying the Botanical and Common names of all plant
material to be installed;the size of the plant material at installation and whether the
plant material is to be containerized or B&B. (Department of Planning Services)
3) A landscape maintenance schedule which specifically states who will perform
maintenance and that maintenance is on-going and shall not end upon final
acceptance by the Department of Planning Services. (Department of Planning
Services)
4) A sign plan which conforms to the requirements for signs in the A (Agricultural)
Zone District with the exception of Section 23-4-90B. The sign shall not exceed
thirty two (32) square feet in area and shall not exceed six (6) feet in height.
(Department of Planning Services)
5) Parking in accordance with Article IV, Division I of the Weld County Code.
(Department of Planning Services)
C. The applicant shall submit a Drainage Plan to contain storm water run-off from the site that
prevents damage to adjacent properties. Evidence of approval shall be submitted to the
Weld County Department of Planning Services. (Department of Public Works)
D. The applicant shall attempt to address the recommendations of the Weld County Sheriffs
Office as stated in their referral received February 8, 2002. (Weld County Sheriff's Office)
2. Upon Completion of 1 above the applicant shall submit a Mylar plat along with all other
Resolution USR-1374
Virtus Banowetz
Page 2
documentation required as conditions of approval. The Mylar plat shall be recorded in the office of
the Weld County Clerk and Recorder by the 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.
3. The Department of Planning Services respectively requests the surveyor provide a digital copy of
this 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 mapsco.weld.co.us.
4. Prior to operation:
A. The applicant shall address the requirements of the Weld County Department of Building
Inspection as stated in their referral received February 8, 2002. (Department of Building
Inspection)
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)
Motion seconded by Bryant Gimlin.
VOTE:
For Passage Against Passage
Michael Miller
Bryant Gimlin
Cristie Nickles
Cathy Clamp
Fred Walker
John Folsom
Luis Llerena
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 March 19, 2002.
Dated the 19th of March, 2002.
Voneen Macklin
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Virtus and Amy Banowetz
USR-1374
1. A Site Specific Development Plan and a Special Review Permit for a Use permitted as a Use by
Right,an Accessory Use,or a Use by Special Review in the Commercial or Industrial Zone Districts
(Septic/Cement Contractor;Storage Building)in the A(Agricultural)Zone District as indicated in the
application materials on file and subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code.
3. 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)
4. 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. (Department of Public Health and
Environment)
5. 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)
6. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment)
7. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone
as delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
8. Adequate toilet and hand washing facilities shall be provided for employees and the public.
(Department of Public Health and Environment)
9. The facility shall utilize the existing public water supply. (Central Weld County Water District)
(Department of Public Health and Environment)
10. The site shall be used as a storage building only.No vehicle washing,concrete processing, mixing,
pouring, or forming shall be conducted at the site. (Department of Public Health and Environment)
11. The Landscaping/Screening/Sign/Parking on site shall be maintained in accordance with the
approved Landscape/Screening/Sign/Parking Plan. All equipment and supplies shall be stored
inside the proposed 40' X 120' building. The sales/display of concrete forms shall be conducted
within the confines of the proposed 40'X 120' building.(Department of Planning Services)
12. The off-street parking and loading areas shall adhere to Article IV, Division I of the Weld County
Code. (Department of Planning Services)
13. Off-street parking and loading areas shall be surfaced with either gravel, asphalt, or concrete and
shall be graded so as to prevent drainage problems. (Department of Public Works)
14. All operations shall be conducted Monday through Friday from the hours of 8 a.m. to 5 p.m.
(Department of Planning Services)
15. The business access will be gated and only opened during business hours. (Department of Public
Works)
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.
Resolution USR-1374
Virtus Banowetz
Page 2
18. Personnel from the Weld County Departments of Public Health and Environment, Department of
Public Works 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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