HomeMy WebLinkAbout20001025.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 with changes to the Conditions of Approval and
Development Standards and subsequent renumbering 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-1263
APPLICANT: Tracy Wright
ADDRESS: 1906 Mountain View Street, Erie, CO. 80516
REQUEST: A Site Specific Development Plan and a Special Review Permit for a Home Business
(Automobile painting/Automobile body repair and restoration Shop)in the Agricultura('≥one
District.
LEGAL DESCRIPTION: Lot 15, Block 4, Carmacar Ranchettes, - E1/2 of Section 5, T1N,
R68W of the Th P.M., Weld County, CO
LOCATION: Approximately 400 feet West of Weld County Road 5 and approximately'% mile south 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 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 with 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. 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.
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 31.4.15 describes a Home Business as a Use by Special Review in the
Agricultural zone district.
c. Section 24.3.1.3 --That the USES which would be permitted will be compatible with the
existing surrounding land USES. The surrounding property is in the Carmacar Ranchettes
subdivision. There are several single-family homes in the area on 1 acre lots. There has
been one letter of opposition submitted per this request and this Use by Special Review
application was initiated from a zoning violation that resulted from a complaint from a
neighboring property. Special Use permit conditions and development standards will help
to ensure that the repair business is conducted entirely within the enclosed building and
ensure that the building meets building and fire codes.
I EXHIBIT
B
2000-1025
usrz rata -Pi.Hill
RESOLUTION, USR-1263
Tracy Wright
Page 2
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 site lies within the referral areas of Erie, Frederick and Dacono. No
referral responses were received from these communities.
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 within the Overlay District
Areas identified by maps officially adopted by Weld County. The property is located within
the Geologic Hazard Overlay District. The applicants shall apply and receive approval for
a Geologic Hazard Development permit prior to final approval of the Special Use Review
plat.
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. The use is located on land designated
as "Prime"according to the U.S.D.A. Soils Map. However, the property is located within
an existing residential subdivision(Carmacar Ranchettes)and agriculture production would
be unrealistic on this property due to its size (1 acre)and location of existing structures on
the property.
g. Section 24.3.1.7 --The Design Standards (Section 24.5 of the Weld County Zoning
Ordinance), Operation Standards (Section 24.6 of the Weld County Zoning Ordinance),
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 delivered 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. (Dept. of
Planning)
2. Prior to recording the plat:
A. The applicant shall submit a waste handling plan to the Weld County Department of Public
Health and Environment.Evidence of Health Department approval shall be submitted to the
Weld County Department of Planning Services. The plan shall include at a minimum, the
following: (Dept. of Health)
1) A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site.
RESOLUTION, USR-1263
Tracy Wright
Page 3
3) The waste handler and facility where the waste will be disposed (including the
facility name, address, and phone number).
B. An individual sewage disposal system is required for the proposed facility and shall be
installed according to the Weld County Individual Sewage Disposal Regulations. A vault
is acceptable. 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 Health)
C. The applicant shall attempt to address the concerns of the Mountain View Fire Protection
District as stated in a referral response received February 14, 2000. (Mountain View Fire
Protection District)
D. Proper building permits shall be obtained. (Building Inspection)
E. The applicant shall apply for and receive approval by the Department of Planning Services
for a Geological Hazard Overlay District Development Permit. (Dept. of Planning)
Prior to Building Permit:
A. The applicant shall address the requirements of the Weld County Building Inspection
Department as stated in a referral response received April 7, 2000. (Dept. Building
Inspection)
Motion seconded by Stephen Mokray.
VOTE:
For Passage Against Passage
Fred Walker
Gristle Nicklas
John Folsom
Michael Miller
Bryant Gimlin
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.
RESOLUTION, USR-1263
Tracy Wright
Page 4
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 April 18, 2000.
Dated the 18th of April, 2000.
vVV Lo(�
Trisha Swanson
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Tracy Wright
USR-1263
1. The Site Specific Development Plan and Special Use Permit is for a business permitted as a use
by right in the Industrial Zone District(Automobile painting/Automobile repair and restoration Shop)
in the Agricultural Zone District, as indicated in the application materials on file in the Department
of Planning Services and subject to the Development Standards stated hereon. (Dept.of Planning)
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County
Zoning Ordinance. (Dept. of Planning)
3. 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 final disposal in a manner that protects
against surface and groundwater contamination. (Dept. of Health)
4. No permanent disposal of wastes shall be permitted at this site. (Dept. of Health)
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 Health)
6. 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. (Dept. of Health)
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. (Dept. of Health)
8. The facility shall utilize the existing public water supply. (Left Hand Water District)(Dept.of Health)
9. The facility shall utilize the existing septic system for domestic use only (G19759689). (Dept. of
Health)
10. The facility shall be in compliance with the Colorado Air Quality Control Commission regulations.
(Dept. of Health)
11. All signs must be is accordance with Section 42 of the Weld County Zoning Ordinance. (Dept. of
Planning)
12. There will be no outdoor storage of materials associated with the automobile painting/automobile
repair& restoration shop as indicated in application materials. (Dept. of Planning)
13. The business shall adhere to the requirements for a Home Business. These requirements are:
A) The use is conducted primarily within a dwelling unit or accessory structure and
principally carried on by the family resident therein.
B) The use is clearly incidental and secondary to the principal permitted use and
shall not change the character thereof. (Dept. of Planning)
14. Hours of operation shall be from 8:00 a.m. to 8:00 p.m. Monday thru Saturday as indicated in
application materials. (Dept. of Planning)
15. Storage and use of flammable and combustible liquids shall be in accordance with the Fire Code.
(Building Inspection)
16. The gross floor area of accessory buildings on this property exceed four percent. Four percent
is the maximum lot coverage allowable for accessory buildings per Section 31.3 of the Weld County
Zoning Code. No expansion of existing accessory buildings/structures/uses or new accessory
buildings/structures/uses will be allowed without applying for and being granted a variance from the
terms of the Weld County Zoning Code by the Weld County Board of Adjustment.
17. The applicant shall utilize the existing access with no additional accesses granted. (Public Works)
18. There shall be no staging,storage, or parking of vehicles on Mountain View Street. (Public Works)
19. 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.
20. 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.
21. 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.
22. 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.
23. 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.
24. The fence located within the right-of-way of Mountain View Avenue shall be relocated outside of the
right-of-way upon widening of Mountain View Avenue or if required by the Weld County Department
of Public Works. (Public Works)
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