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HomeMy WebLinkAbout20000859 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Arlan Marrs 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-1260 APPLICANT: Jimmie L. and Sharon M. Wolfrum ADDRESS: P.O. Box 2207, Greeley, CO 80632 REQUEST: A Site Specific Development Plan and a Special Review Permit for a business permitted as a use by right in the Industrial Zone District (Automotive Machine Shop) in the Agricultural Zone District. LEGAL DESCRIPTION: S2 NE4 of Section 10, T6N, R64W of the 6th P.M., Weld County, CO LOCATION: West of and adjacent to Weld County Road 57 and 1/2 mile south of Weld County Road 72 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 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. Much of work conducted by this business is on agricultural equipment. b. Section 24.3.1.2 --That the proposal is consistent with the intent of the district in which the USE is located. Section 31.4.18 of the Weld County Zoning Ordinance allows for uses permitted as a use by right in the Industrial zone district as a use by special review in the Agricultural zone district. Section 34.2.2.1 allows for any use of a research, repairing, manufacturing,fabricating, processing,assembling, or storage nature to be conducted, as long as such use is conducted only within enclosed buildings, as a use by right in the I-1 (Industrial)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 very rural in nature with limited homes. Since the automotive machine shop is proposed to be conducted entirely in the enclosed building and the nearest home is 1/4 mile to the south, staff expects few conflicts. 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 does not lie within the Urban Growth Boundary or referral area of any municipality. 1 EXHIBIT 2000-0859 usel7 2, 44 -PLIyo9 RESOLUTION, USR-1260 Jimmie and Sharon Wolfrum 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. This proposal does not lie within any Overlay Districts. 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 entire 79 acre parcel is designated "Prime" by the USDA Soil Conservation Services. However, the proposed location of the home and shop is at a sprinkler corner with an adjacent irrigation pond limiting the agricultural value. 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. 3) The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). B. The applicant shall delineate on the plat, customer parking, loading zones, and a traffic circulation plan throughout the site. (Dept. of Public Works) C. The applicant shall delineate on the plat any proposed signage. (Dept. of Planning) D. The applicant shall delineate the proposed landscaping plan on the plat. The location, number, size and species of all plant material shall be identified. (Dept. of Planning) RESOLUTION, USR-1260 Jimmie and Sharon Wolfrum Page 3 3. Prior to construction, remodel or demolition: A. Proper building permits shall be obtained. (Building Inspection) B. Building permits will be required for any accessory buildings being constructed or moved onto the property. (Building Inspection) C. Engineered foundation drawings will be required for the residence and the shop. Foundation drawings shall be based on a site specific geotechnical report or an"open hole" inspection. (Building Inspection) D. A full one-hour occupancy separation with one-hour rated openings is required between the house (R-3) and the shop (F-1). (Building Inspection) E. All buildings or structures shall maintain distances from property lines and adjacent buildings as outlined in Table 5-A of the 1997 Uniform Building Code. (Building Inspection) F. A complete set of drawings must be presented to the Galeton Fire District for their approval. (Building Inspection) G. Additional requirements or changes may be required when the building application or plans are reviewed by the Weld County Department of Building Inspection or the Galeton Fire District. (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) Motion seconded by Cristie Nicklas. VOTE: For Passage Against Passage Fred Walker Cristie Nicklas Arlan Marrs John Folsorn Michael Miller 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. RESOLUTION, USR: 1260 Jimmie and Slharon 'Wolfrum 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 4, 2000. Dated the 4thof April, 2000./ Trisha Swanson Secretary SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Jimmie L. And Sharon Wolfrum USR-1260 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(Automotive Machine 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, as amended. (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. Fugitive dust shall be controlled on this site. (Dept. of Health) 7. The rnaximum 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) 8. Adequate toilet facilities shall be provided for the customers. (Dept. of Health) 9. An individual sewage disposal system is required for the proposed residence/shop and shall be installed according to the Weld County Individual Sewage Disposal Regulations.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) 10. 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) 11. The facility shall utilize the proposed well. (Dept. of Health) 12. If applicable, the applicant shall obtain a storm water discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. (Dept. of Health) 13. The proposed access and parking area shall have adequate gravel and be graded and drained to provide all weather access. (Dept. of Public Works) 14. All signs must be is accordance with Section 42 of the Weld County Zoning Ordinance. (Dept. of Planning) 15. There will be no outdoor storage of materials associated with the automotive machine shop as indicated in application materials. (Dept. of Planning) 16. The number of employees shall be limited to 3 as indicated in application materials. (Dept. of Planning) 17. Hours of operation shall be from 7:00 a.m. to 6:00 p.m. Monday thru Saturday as indicated in application materials. (Dept. of Planning) 18. Storage and use of flammable and combustible liquids shall be in accordance with the Fire Code. (Building Inspection) 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. Hello