HomeMy WebLinkAbout20001437.tiff -- BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jack Epple that the following resolution with changes to the Development Standards and
Conditions of Approval with 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: Kim Ogle
CASE NUMBER: USR-1268
APPLICANT: Glen Fritzler
ADDRESS: 15630 SH 256, La Salle, CO 80645
REQUEST: A Site Specific Development Plan and a Special Review Permit for a guest farm'in the
Agricultural Zone District
LEGAL DESCRIPTION: N2 NE4 Section 22, Township 4 North, Range 66 West of the 6h PM,
Weld County, CO
LOCATION: South of and adjacent to SH 256; west of and adjacent to WCR 33
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 —This proposal is consistent with the Weld County Comprehensive Plan.
A.Goal 2 allows commercial and industrial uses which are directly related to or dependent
upon agriculture to locate within Agricultural zoning when the impact to surrounding
properties is minimal, and where adequate services and infrastructure are available. The
agricultural nature of the property is an important part of the business,aspects of which will
be used in many of the activities. Because no homes are in close proximity to where the
majority of the use will occur little impact will be felt by the surrounding property owners.
b. Section 24.3.1.2 --That the proposal is consistent with the intent of the Agricultural Zone
District. Section 31.4.3 of the Weld County Zoning Ordinance allows for guest farms as a
Use by Special Review in the Agricultural Zone District.
c. Section 24.3.1.3--That the guest farm which would be permitted will be compatible with the
existing surrounding land uses. The Conditions of Approval and Development Standards
ensure the site will have little impact on surrounding properties.
d. Section 24.3.1.4 --That the use 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 is within the three mile referral area of the Town of
Gilcrest. The Town of Gilcrest stated there was not a conflict with their interests.
4 EXHIBIT
I2000-1437
(.6;241.21.21?L/915
RESOLUTION, USR-1268
Glen Fritzler
Page 2
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 site does not lie within any
overlay district.
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 site is designated as"Prime" by
the USDA Soil Conservation Service. The proposed use will not remove any additional
agricultural land from production.The agricultural activities on the property are an important
part of the proposed use.
g. Section 24.3.1.7 -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), Conditions of Approval, and Development Standards ensure that there are
adequate provisions for the protection of the health, safety and welfare of the inhabitants
of the neighborhood and the 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:
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 60 days of approval by the Board of County Commissioners. (Dept. of
Planning)
2. Prior to recording the plat:
A. A detailed landscaping plan identifying the number, size and species of
landscaping materials/buffering materials,shall be submitted to the Department of
Planning Services for review and approval. The plan shall also address
maintenance of the landscaping materials and potential replacement of dying
materials. The approved plan shall be delineated on the plat map. (Planning)
B. The applicant shall provide evidence to the Department of Planning Services
that an access permit from the Colorado Department of Transportation was
granted for access to State Highway 256. (Planning, Public Works)
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. Electric permit for the sale of produce is not a part of this USR permit.
(Planning)
Motion seconded by Michael Miller.
RESOLUTION, USR-1268
Glen Fritzler
Page 3
VOTE:
For Passage Against Passage Absent
Cristie Nicklas Fred Walker
John Folsom Arlan Marrs
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 June 6`" , 2000.
Dated the 6th of, 2
Trisha Swanson
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
GLEN FRITZLER
USR-1268
1. The Site Specific Development Plan and Special Use Permit is for a guest farm in the A
(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. (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. (Planning Dept.)
3. No permanent disposal of wastes shall be permitted at this site. (Department of Public Health &
Environment)
4. Fugitive dust shall be controlled on this site. (Department of Public Health & Environment)
5. The facility shall be served by Central Weld County Water District. (Department of Public Health &
Environment)
6. The facility shall utilize portable toilets for up to ninety (90) days this Fall, 2000. (Department of
Public Health & Environment)
7. 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 protect
against surface and groundwater contamination. (Department of Public Health & Environment)
8. 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 &
Environment)
9. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone
as delineated in 25-12-103 C.R.S., as amended. (Department of Public Health & Environment)
10. When applicable, the facility shall comply with the Colorado Retail Food Establishment Rules and
Regulations governing the regulation of food service establishments. (Department of Public Health
& Environment)
11. The proposed barn shall provide adequate toilet facilities for the public in accordance with the 1997
International Plumbing Code. The septic system shall be designed by a Colorado Registered
Professional Engineer. A vault system shall be acceptable for the season of operation,2000. The
toilet facilities may be supplemented temporarily for large groups. The design shall be submitted
to the Environmental Health Services Division of the Weld County Department of Public Health &
Environment and a septic permit obtained prior to operation. All Weld County ISDS regulations
apply. (Department of Public Health & Environment)
12. The entrance to the facility is from the intersection of WCR 33 and US Highway 85. The entrance
appears to be parallel to US Highway 85. As indicated in the US Highway 85 Control Plan, the
intersection is scheduled to be closed. Ingress and egress to the facility shall be from the existing
access along Weld County Road 33. (Public Works)
13. The parking lot shall be located on the south side of the large irrigation ditch. Due to the
physical constraints of circulation it is unsafe for school buses and large vehicles. (Public
Works)
14. The approach and the main east/west road shall have additional gravel placed to accommodate
all vehicles prior to operation. The north /south, east/ west approach shall be adequately
maintained to accommodate school buses and other vehicles utilizing the facility. (Public Works)
15. All fields and parking areas shall drain into the existing agriculture-related holding ponds
or irrigation ditches. (Public Works)
16. The facility shall develop a plan for emergency medical response for individuals requiring medical
attention within the corn maze. (LaSalle Fire Dept.)
17. Building and electrical permits are required for all work. Any excavation, remodeling, relocation of
buildings requires proper permitting. Included are permits for concession stands, ticket booths,
vegetable stands, barns, and any site lighting. (Dept. of Building Inspection)
18. All building shall maintain distances from property lines and adjacent buildings as outlined
in Table 5-A of the 1997 Uniform Building Code (UBC). (Dept. of Building Inspection)
19. Building and site accessibility shall be provided as outlined in Chapter 11 and Appendix Chapter 11
of the UBC. (Dept. of Building Inspection)
20. Construction and development drawings and documents shall be supplied to the appropriate
fire district. (Dept. of Building Inspection)
21. Additional requirements or changes may be required when building applications or plans
are reviewed by the Weld County Building Inspection Department or Fire District. (Dept.
of Building Inspection)
22. All construction on the property shall be in accordance with the Weld County Building Code
Ordinance. (Planning Dept. / Building Inspection Dept.)
23. The number of people allowed to use the facility shall not exceed the amount approved by the
LaSalle Fire Department or the Weld County Building Inspection Department, never to exceed 400
as indicated in the application materials. (Planning Dept.)
24. Prior to the sale of any alcoholic beverages the applicant shall apply for and receive all appropriate
licenses. (Planning Dept.)
25. The rules and regulations of Colorado Liquor Enforcement must be followed for any liquor allowed
on site. (Planning Dept.)
26. The landscaping on site shall be maintained in accordance with the approved landscaping
plan. (Planning)
27. 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.
28. 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.
29. 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.
30. 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.
31. 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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