HomeMy WebLinkAbout20001039.tiff - BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Stephen Mokray 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: Sheri Lockman -
CASE NUMBER: USR-1266
APPLICANT: William L. &Joyce E. Rhoton
ADDRESS: 39260 WCR 68, Briggsdale, CO 80611 ,:.-
.. \.I1
REQUEST: A Site Specific Development Plan and a Special Review Permit for a home business
(machine shop) in the Agricultural Zone District.
LEGAL DESCRIPTION: SW4 SW4 of Section 22, T6N, R62 W of the 6th P.M., Weld County,
Colorado
LOCATION: West of and adjacent to Weld County Road 791/2 and 3/4 mile south of Weld County Road
68
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.
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 follows:
a. Section 24.3.1.1 --That the proposal is consistent with the Weld County Comprehensive
Plan. A.Goal 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 "Other" lands. No"Prime"farmland will be taken out
of production.
b. Section 24.3.1.2--That the proposal is consistent with the intent of the district in which the
USE is located. Section 31.4.15 of the Weld County Zoning Ordinance provides for home
businesses as a Use by Special Review in the A(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.Uses within the surrounding area are limited residential and
dryland pasture. Conditions of approval and development standards will ensure that any
incompatibilities will be mitigated.
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 Plan of affected
municipalities. The site does not lie within the Urban Growth Boundary or referral area of
any municipality.
e. Section 24.3.1.5 -This proposal does not lie within any Overlay Districts.
g. EXHIBIT
2000-1039
used#it“
RESOLUTION, USR-1266
William and Joyce Rhoton
Page 2
f. Section 24.3.1.6 --That if the use is proposed to be located in the A (agricultural) 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 proposed site is
designated"Other"by the USDA Soil Conservation Services. No prime farm ground exists
on the site.
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. All material, equipment and trash dumpsters stored outside must be screened from Weld
County Road 791/2 and adjacent properties. A detailed screening plan shall be submitted
to the Department of Planning Services for review and approval. If live material is used
include common and botanical name, size and number of plants. 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. (Dept. of Planning)
B. The applicant shall submit a Waste Handling Plan to the Weld County Department of
Public Health & Environment, Environmental Health Services Division. Evidence of
approval shall be submitted to the Weld County Department of Planning Services.The plan
shall include at a minimum, the following: (Dept. of Public 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.
3) The waste handler and facility where the waste will be disposed (including the
facility name, address, and phone number).
C. The plat shall be amended according to the following: (Dept. of Planning)
1) The plot plan shall indicate Weld County Road 79 '/3
D. The applicant shall apply for a building permit as required by the Weld County Department
of Building Inspection as indicated in a referral dated March 21,2000. The site shall comply
with all Department of Building Inspection requirements prior to operation.(Dept.of Building
Inspection)
RESOLUTION, USR-1266
William and Joyce Rhoton
Page 3
E. The applicant shall place a minimum of 2 inches of road base in the parking lot to provide
an all-weather surface. (Dept. of Public Works)
F. The material and equipment stored outside along with the pile of miscellaneous items
stored at the end of Weld County Road 49 '1 right of way are considered to be part of a
noncommercial junkyard and must be removed from the property or screened from all
adjacent properties and public rights-of-way. The property is in violation of the Weld County
Zoning Ordinance. The applicant shall schedule a final inspection with the Weld County
Zoning Compliance Officer, Bethany Salzman, and submit a copy of the closure letter
indicating compliance with the Weld County Zoning Ordinance.
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)
Motion seconded by Cristie Nicklas.
VOTE:
For Passage Against Passage
Fred Walker
Cristie Nickles
Arlan Marrs
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 May 2, 2000.
Dated the 2nd of May, 2000./j
64A-
Trisha Swanson
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
William L. &Joyce E. Rhoton
USR-1266
1. The Site Specific Development Plan and Special Use Permit is for a home business (machine shop) 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. (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 shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Dept. of Public Health)
4. No permanent disposal of wastes shall be permitted at this site. (Dept. of Public 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 Public Health)
6. Fugitive dust shall be controlled on this site. (Dept. of Public Health)
7. The maximum permissible noise level shall not exceed the residential limit of 55 db(A)as measured according
to 25-12-102, C.R.S. (Dept. of Public Health)
8. The facility shall utilize the existing septic system (permit#G-19740031). (Dept. of Public Health)
9. 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 Public Health)
10. The facility shall utilize the existing well. (Dept. of Public Health)
11. The screening / landscaping on site shall be maintained in accordance with the approved plan. (Dept. of
Planning)
12. The parking lot shall be maintained in a manner to provide an all weather surface. (Dept. of Public Works)
13. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5
of the Weld County Zoning Ordinance.
14. The property owner or operator shall be responsible for complying with the Operation Standards of Section
24.6 of the Weld County Zoning Ordinance.
15. 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.
16. 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.
17. 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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