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HomeMy WebLinkAbout20010318.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: PLANNER: Lauren Light CASE NUMBER: USR-1309 APPLICANT: George Walck ADDRESS: 7240 Weld County Road 1 REQUEST: A Site Specific Development Plan and a Special Review Permit for a use permitted as a Use by Right in the Commercial Zone District (Electrical Contractors Business) in the Agricultural Zone District LEGAL DESCRIPTION: Pt. of SW4 of the SW4 of Section 30, Township 2 North, Range 68 West of the 6`" P.M., Weld County, Colorado LOCATION: East of and adjacent to Weld County Road 1; approximately 1.2 miles north of State Highway 52. 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 proposal is consistent with the Weld County Code. Section 22- 2-20.A.1 states, "Preserve prime farmland for agricultural purposes which foster the economic health and continuance of agriculture".The U.S.D.A.Soils Maps indicate that the soils on this property are designated "Prime" lands. However, no "Prime"farmland will be taken out of production as the parcel is only 5 acres in size which is not conducive to farming. b. Section 23-2-220.A.2 --The proposal is consistent with the intent of the Agricultural Zone District in which the use is located.Section 23-3-40.R of the Weld County Zoning Ordinance provides for any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts as a Use by Special Review in the Agricultural Zone District. c. Section 23-2-220.A.3 --That the use which would be permitted will be compatible with the existing surrounding land uses. Uses within the surrounding area are rural residential and dryland pasture. Conditions of Approval and Development Standards will ensure that any incompatibilities will be mitigated. d. Section 23-2-220.A.4 --That the uses which would 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 the Comprehensive Plan or Master Plan of affected municipalities.The site does not lie within the Urban Growth Boundary of any municipality. The City of Longmont and Town of Frederick have no objection to this request. g EXHIBIT IJ 2001-0318 I A Se.4/309 RESOLUTION, USR-1309 George Walck Page 2 e. Section 23-3-220-A.5 -This proposal does not lie within any Overlay Districts. 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 U.S.D.A. Soils Map indicate that the soils on the property are designated"Prime". As mentioned previously,the property is only 5 acres in size so no "Prime" agricultural land will be taken out of production. g. Section 23-2-220.A.7--The Design Standards(Section 23-3-240 of the Weld County Code), Operation Standards(Section 23-2-250 of the 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. 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. (Dept. of Planning Services) 2. Prior to recording the plat: A. The existing 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 must 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) B. The existing landscaping shall be indicated on the plat. A plan shall be submitted which addresses maintenance of the landscaping materials and potential replacement of dying materials. (Dept. of Planning Services) C. The applicant shall delineate on the plat, an access point that is of sufficient width to accommodate two-way traffic. (Dept. of Public Works) D. Any existing buildings that have their use changed will require review and permits. Building (Demo) permits are required to demolish buildings. Evidence of approval of the change in use for the existing building shall be submitted to the Weld County Department of Planning Services. (Dept. of Building Inspection) 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) RESOLUTION, USR-1309 George Walck Page 3 Motion seconded by Stephen Mokray. VOTE: For Passage Against Passage Cristie Nickles Fred Walker Arlan Marrs John Folsom Michael Miller Bryant Gimlin Jack Epple Stephen Mokray Cathy Clamp 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, Trisha Swanson, 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 January 16, 2000. Dated the 16h of January, 2000. Jet � -- Trisha Swanson Secretary SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS GEORGE WALCK USR-1309 R-1309 1. The Site Specific Development Plan and Special Use Permit is for a use permitted as a Use by Right in the Commercial Zone District (Electrical Contractors Business) in the 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 Article VIII 23-8-10 of the Weld County Code. (Dept. of Planning Services) 3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Dept.of Public Health and Environment) 4. No permanent disposal of wastes shall be permitted at this site. (Dept. 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. (Dept. of Public Health and Environment) 6. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone District as delineated in 25-12-103, C.R.S. (Dept. of Public Health and Environment) 7. Adequate toilet facilities shall be provided for the employees. (Dept. of Public Health and Environment) 8. 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. (Dept. of Public Health and Environment) 9. No hazardous materials or flammable/combustible liquids in excess of 10 gallons shall be used or stored within any of the buildings. If flammable/combustible liquid tanks are installed on the property, they must be installed in accordance with the Uniform Fire Code. Any new /future construction will need to have approval of the fire district before building permits are issued. (Mountain View Fire Protection District) 10. The facility shall utilize the existing public water supply, Left Hand Water. (Dept. of Public Health and Environment) 11. Hours of operation shall be 7 a.m. to 5 p.m. Monday through Friday. (Dept. of Planning Services) 12. The landscaping on site shall be maintained in accordance with the approved landscaping plan. (Dept. of Planning Services) 13. There shall be no parking or staging of vehicles along Weld County Road 1. All parking, loading and off-loading shall be on-site. (Dept. of Planning Services) 14. Outside storage shall be screened from adjacent properties and Rights-of-Way. (Dept.of Planning Services) 15. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240 of the Weld County Code. 16. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250 of the Weld County Code. 17. 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. 18. 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. 19. 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. Hello