HomeMy WebLinkAbout20000747.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Cristie Nickles that the following resolution with the additions stated in the memorandum dated
March 21, 2000, be introduced for passage by the Weld County Planning Commission. Be it resolved by the
Weld County Planning Commission that the application for:
Planner: Chris Gathman
Case Number: USR-1256
Applicant: Robert Pittington
Address: 0522 State Highway 60, Loveland, CO. 80537
Request: A Site Specific Development Plan and Special Review Permit for a business perm tted'as a
use by right in the Commercial Zone District(excavation business)in the A(Agricultural)Zone
District.
Legal Description: Lot A of Recorded Exemption 750, being part of the NE4 of Section 6, Township 4
North, Range 68 West of the 6th P.M., Weld County, Colorado.
Location: South of and adjacent to State Highway 60, '/z mile West of Weld County Road 3.
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 24.7 of the
Weld County Zoning Ordinance, as amended.
2. It is the opinion of the Planning Commission that the applicant has shown compliance wit-i Section
24.3 of the Weld County Zoning Ordinance as amended, as follows:
a. Section 24.3.1.1 --That the proposal is consistent with the Weld County Comprehensive Plan
and other applicable Weld County Ordinances in effect.
A. Goal 2 allows for commercial and industrial uses to locate in the Agricultural Zone
District when the impact to surrounding properties is minimal, and where adequate
services and infrastructure are available. The Development Standards, Conditions
of Approval, and Operations Standards will effectively mitigate any adverse impacts
to surrounding areas. Water is provided by the Little Thompson Water District and
the sewage disposal will be permitted by an existing septic system.
b. Section 24.3.1.2 --That the proposal is consistent with the intent of the district in which the
use is located. This proposal is consistent with the intent of the A (Agricultural) zone district.
Section 31.4.18 of the Weld County Zoning Ordinance as amended allows 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 filled prior to adoption of any regulations
controlling subdivisions. Section 34.2.1 of the Weld County Zoning Ordinance allows any use
of a research, repairing,manufacturing,fabricating, processing, assembling or storage nature
may be conducted in the 1-3 (Industrial) District (including storage & maintenance of
excavation equipment).
IXHIBIT
ZS 2000-0747
RESOLUTION, USR-1256
Robert Pittington
Page 2
c. Section 24.3.1.3 -- That the uses which would be permitted will be compatible with the
existing surrounding land uses. The surrounding area consists of several rural residences
and agricultural uses, predominately crop land and pasture land.There is a 6-lot subdivision
(Pleasant View Acres)approximately 1/4 mile to the west. This application is for stcrage and
operation of equipment and materials for an excavation business. Excavation ecuipment,
when in operation, will be stored at the job site not on this property. Conditions of Approval
and Development Standards ensure that the proposal is consistent with surrounding land
uses. Concerns regarding dumping of materials, noise, storage of materials, vehicles and
equipment from surrounding land owners have been addressed through the Conditions of
Approval and Development Standards. The Colorado Department of Transportation has
reviewed the request and has determined that there is no conflict with their interests (see
Colorado Department of Transportation referral dated 1/20/00).
d. Section 24.3.1.4 -- 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 plans of affected
municipalities. The proposed Use by Special Review is located within the three-mile referral
area for the Town of Berthoud. In a referral received January 17, 2000, the Town of
Berthoud stated that the proposal did not conflict with their interests.
e. Section 24.3.1.5 -- That the application complies with the Weld County Zoning Ordinance,
Section 50, Overlay District Regulations if the proposal is located with the Overlay District
Areas identified by maps officially adopted by the County. The proposal is not loca:ed within
any Overlay District Areas identified by maps officially adopted by the County.
f. Section 24.3.1.6 -- That if the use is proposed to be located in the A-District, that the
applicant has demonstrated a diligent effort has been made to conserve prime agricultural
land in the locational decision for the proposed use.According to the U.S.D.A. Soils map, the
property is designated as Prime farm ground. The property was formerly used as a hog-farm
facility and is covered with existing residences along with existing buildings and
improvements associated with this business. The location of the existing buildings and
improvements on the property make it infeasible to be used as farm ground.
g. Section 24.3.1.7 -- That there is adequate provision for the protection of the health, safety
and welfare of the inhabitants of the neighborhood and the county. 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 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 plat. The completed plat shall be delive'ed to the
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.
RESOLUTION, USR-1256
Robert Pittington
Page 3
2. The applicant shall submit a letter to the Department of Planning Services requesting to vacate the
existing USR on this property (USR 676).
3. Prior to recording the plat:
A. The applicant shall submit a letter formally requesting to vacate the existing Use By Special
Review on this property (USR-676).
B. The applicant shall submit a screening and landscaping plan, to the Department of Planning
Services, for review and approval. Trash receptacles must be screened from all adjacent
properties and public rights-of-way. The machinery parking area must be screened from
adjacent properties to the west of the site. (Dept. of Planning)
C. The applicant shall provide documentation of ownership of, or documentation of permission
to use, the existing retention pond southeast of the property for storm water drainage
purposes. (Public Works)
D. The Environmental Health Services Division was unable to locate a septic permit for the
septic system serving the existing home (0522 State Highway 60). 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 that the system is found to be inadequately sized or constructed, the system shall be
brought into compliance with current regulations. Evidence of Department of Public Health
approval shall be submitted to the Department of Planning Services. (Health Dept.)
E. Turning radiuses shall be opened up to negotiate tight turns. Portions of existing buildings
and fences shall be adjusted to accommodate traffic circulation. Evidence of Department of
Public Works approval shall be submitted to Department of Planning Services.
F. The plat shall be amended to delineate the following:
1) Approved landscaping and screening plan. (Dept. of Planning)
2) All requirements for the Special Review Permit Plan map listed under Section 24.7.4,
of the Weld County Zoning Ordinance. (Dept. of Planning)
3) Any proposed signage.
G. 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 Bryant Gimlin.
RESOLUTION, USR-1256
Robert Pittington
Page 4
VOTE:
For Passage Against Passage
Fred Walker
Cristie Nickles
Arlan Marrs
John Folsom
Bryant Gimlin
Jack Epple
Stephen Mokray
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 March 21, 2000.
Dated the 21st of March, 2000.
/
AA/O-1 SIV3-61
Trisha Swanson
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Robert Pittington
USR-1256
1. The Site Specific Development Plan and a Special Use Permit for an excavation business in the
Agricultural Zone, as indicated in the application materials on file in the Department of Planning
Services and subject to the Development Standards stated hereon. (Planning Dept.)
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County
Zoning Ordinance, as amended. (Dept. of Planning)
3. All proposed or existing structures will or do meet the minimum setback and offset requirements for
the Agricultural zone district. (Planning Dept.)
4. 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 the final disposal in a manner that protects
against surface and groundwater contamination. (Health Dept.)
5. No permanent disposal of wastes shall be permitted at this site.(Health Dept.)
6. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions. (Health Dept.)
7. 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.
8. 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. (Health Dept.)
9. Adequate toilet facilities shall be provided for the employees. (Health Dept.)
10. The facility shall utilize the existing public water supply (Little Thompson Water District). (Health
Dept.)
11. The existing mobile home on the property shall be occupied by family members in the business or
direct employees of the business. It shall not be used as an outside rental.
12. Hours of operation for this business will be between the hours of 7 A.M. and 7 P.M. per the USR
application.
13. The quantity of vehicles and equipment will not increase beyond what is listed in the equipment
inventory by the applicant. (See attached list).
14. Any proposed signage shall require appropriate building permits and be constructed in accordance
with Section 42.2 of the Weld County Zoning Ordinance. (Planning Dept.)
15. 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.
16. 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.
17. Personnel from the Weld County Department of Public Health and Environment 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.
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 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.
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.
20. Applicants shall apply and approved for demolition permits from the Weld Department o Building
Inspections prior to removing portions of the existing lean-to-sheds as proposed.
21. Applicants shall apply for and be approved for a building permit from the Weld County Department
of Building Inspection prior to installing fuel tank as applicable.
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