HomeMy WebLinkAbout20001060.tiff - BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Cristie Nicklas that the following resolution with amendments to the Development Standards and
Conditions of Approval 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: Sheri Lockman
CASE NUMBER: USR-1265
APPLICANT: Ronald O. Olson
ADDRESS: 3019 WCR 20 '/, Longmont, CO 80504
REQUEST: A Site Specific Development Plan and a Special Review Permit for a Home Business in the
Agricultural Zone District.
LEGAL DESCRIPTION: Lot A RE-1060 Being part of the W2 NW4 Section 15, T2N, R68 W of the
6th P.M., Weld County, Colorado
LOCATION: East of and adjacent to Weld County Road 7 and north of and adjacent to Weld County
Road 20 %.
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 -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" and "irrigated land, not prime".
b. Section 24.3.1.2--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 allows for home
businesses in the Agricultural zone district.
c. Section 24.3.1.3--The uses which would be permitted will be compatible with the existing
surrounding land uses.The surrounding property uses include residential,agricultural and
commercial.The attached Conditions of Approval and Development Standards limit the use
on the property to a home business. The Weld County Zoning Ordinance defines a home
business as follows:
An incidental use to the principal permitted use for gainful employment of the family
residing on the property, where:
1. Such use is conducted primarily within a dwelling unit or accessory structure and
principally carried on by the family resident therein.
2. Such use is clearly incidental and secondary to the principal permitted use and
shall not change the character thereof.
= EI�HIBIT
1 tU� 2000-1060
USk #/265
RESOLUTION, USR-1265
Ronald Olson
Page 2
To ensure that the proposal is compatible with the existing surrounding land uses and with
the future development of the surrounding area, Conditions of Approval have been added
requiring the removal of trucks not owned by the Olsons and stipulation that no other
employees other than those residing on the property shall be allowed.
d. Section 24.3.1.4 --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 site is located in the Mixed Use Development Area(MUD)and
the 201 Intergovernmental Agreement area. Section 2.5.1 of the Mixed Use Development
Ordinance states"The Planned Unit Development(PUD)provisions shall be applied to all
proposals for commercial, industrial, and residential developments within the MUD area,
with the exception of those developments specifically called out and excluded". Section
2.5.2 exempts home businesses, as defined by the Weld County Zoning Ordinance, from
obtaining a PUD.
e. Section 24.3.1.5 --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 proposed site is located
in the Southwest Weld Road Impact Program area one. Effective December 1, 1999,
Building Permits issued on the lot will be required to adhere to the fee structure of the
Southwest Weld Road Impact Program area one (1), (Ordinance 211). The application's
land use type has been tentatively classified by Planning Services within the "Industrial
Category-General Light Industrial" (Section VII.C.1). The current rate of assessment for
this type of land use is $1,476.00 per 1000 square feet.
f. Section 24.3.1.6 --If the use is proposed to be located in the 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"
and "Irrigated land (not prime)" by the USDA Soil Conservation Services. No prime farm
ground exists on the site.
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), 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 completed plat shall be delivered to the Weld
County 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:
RESOLUTION, USR-1265
Ronald Olson
Page 3
A. Prior to recording the plat, 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).
B. Fueling operations must be approved by the Mountain View Fire Protection District.
Evidence of approval shall be submitted to the Weld County Department of Planning
Services. (Mountain View Fire Protection, Dept. of Planning)
C. If fuel storage tanks are greater than 1000 gallons, the applicant shall apply for a fuel
storage tank permit with the Department of Labor,Oil Inspection Section according to 7CCR
1101-14 Sec. 3.2.1. The applicant shall submit a letter indicating the tanks are less that
1000 gallons or submit evidence of Department of Labor approval to the Weld County
Department of Planning Services. (Dept. of Public Health)
D. The applicant shall apply for a building permit for the 40'X 50' pole structure. All utilities
supplied to this structure must also be permitted and inspected.As indicated at a Board of
County Commissioners Violation Hearing on April 11, 2000, the building will be used for
storing tools and doing maintenance of the semi-trailers. Repair work performed inside of
the structure changes the classification of this building leading to additional restrictions and
regulations as outlined in the 1997 Uniform Building Code (UBC). Evidence that a
Certificate of Occupancy has been issued shall be submitted to the Weld County
Department of Planning Services. (Dept. of Building Inspection)
E. All businesses within the MUD are required to provide paved parking.A parking detail and
circulation system shall be supplied to the Public Works Department Traffic Engineer for
review and approval. Evidence of approval shall be submitted to the Weld County
Department of Planning Services. (Dept. of Public Works)
F. The applicant shall submit evidence to the Weld County Department of Planning Services
that the Town of Frederick is aware of the proposed business and any impact that may
occur to road 20.5. (Dept. of Public Works)
G. The applicant shall submit evidence to the Weld County Department of Public Works that
the existing residential access from Weld County Road 20.5 has been closed. The
applicant will fence this entrance and dig a barrow pit ditch at this access. Evidence of Weld
County Department of Public Works approval shall be submitted to the Weld County
Department of Planning Services. (Dept. of Public Works)
H. A detailed screening/landscaping plan identifying the number, size and species of
landscaping materials/buffering materials, shall be submitted to the Weld County
Department of Planning Services for review and approval. The plan shall address
maintenance of the landscaping materials and potential replacement of dying materials.The
RESOLUTION, USR-1265
Ronald Olson
Page 4
plan must meet all criteria listed in Section 2.6 of the Mixed Use Development Ordinance
and Section 3.0 of Ordinance 201, Intergovernmental Agreement, including the following:
1) Section 3.2.3 -Whenever the use of the property to be developed or redeveloped
will conflict with the reasonable use of adjoining property, a buffer zone should be
constructed between the two uses. The buffer may be accomplished through the
use of a combination of setbacks, berming, plantings and fencing. However, in no
event shall a fence be the only screening material used.The buffer shall moderate
the impact of noise, light, unattractive visual elements and traffic. (Dept. of
Planning)
2) Section 3.5.5 -That portion of a lot in any zone district which abuts a Primary or
Secondary Corridor right of way shall be landscaped with a minimum of 2 1/2 inch
caliper shade tree,or one 6-foot minimum height coniferous tree,for every 40 linear
feet of street frontage.Trees may be grouped with a maximum distance of 100 feet
between trees or groupings, with exceptions made at entrance drives. (Dept. of
Planning)
A detailed lighting plan in accordance with Section 4.0 of Ordinance 201,Intergovernmental
Agreement, shall be submitted to the Weld County Department of Planning Services for
review and approval. (Dept. of Planning)
J. Any trucks not owned by the Olsons, shall be removed from the property. (Dept. of
Planning)
K. The plat shall be amended to meet all requirements of section 24.7.4 of the Weld County
Zoning Ordinance including adjacent property lines and respective owners' names as
required by Section 24.7.4.5.3.5 of the Weld County Zoning Ordinance.(Dept.of Planning)
L. The plat shall be amended to include the following:
1) Weld County Roads 20.5 and 7 are designated on the I-25 Mixed Use
Development Area Comprehensive Plan Map 2.2, Structural Transportation
Network as four-lane undivided secondary roads,which require 100 feet of right-of-
way at full build out. There is presently 60 feet of right-of-way. A total of 50 feet
from the centerline of Weld County Roads 20.5 and 7 shall be delineated on the
plat as right-of-way reservation for future expansion of Weld County Roads 20.5
and 7.Weld County Road 20.5 has been annexed by the Town of Frederick.(Dept.
of Public Works)
2) The approved screening/landscaping plan. (Dept. of Planning)
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)
RESOLUTION, USR-1265
Ronald Olson
Page 5
Motion seconded by.
VOTE:
For Passage Against Passage
Fred Walker
Cristie Nicklas
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.
.444.4.-, yfru
Trisha Swanson
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Ronald L. Olson
USR-1265
1. The Site Specific Development Plan and Special Use Permit is for a Home Business 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. The landscaping on site shall be maintained in accordance with the approved landscaping plan.
(Dept. of Planning)
4. The site shall maintain compliance with a home business as defined by the Weld County Zoning
Ordinance as follows:
An incidental use to the principal permitted use for gainful employment of the family residing on the
property, where:
1. Such use is conducted primarily within a dwelling unit or accessory structure and principally
carried on by the family resident therein.
2. Such use is clearly incidental and secondary to the principal
5. In accordance with the definition of a Home Business, all maintenance must be performed within
the existing building. Parking and fueling of the trucks shall be the only uses allowed outside of the
existing building. (Dept. of Planning)
6. The site shall contain a maximum of two semi-trailers. (Dept. of Planning Services)
7. 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)
8. No permanent disposal of wastes shall be permitted at this site. (Dept. of Public Health)
9. 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)
10. Fugitive dust shall be controlled on this site. (Dept. of Public Health)
11. The maximum permissible noise level shall not exceed the commercial limit of 60 db(A) as
measured according to 25-12-102, C.R.S. (Dept. of Public Health)
12. The facility shall utilize the existing residential septic system for the residents of this property. As
indicated in the application material the residence shall hook into Saint Vrain Sanitation Sewer
District when it becomes available. (Dept. of Public Health)
13. 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)
14. The facility shall utilize the existing public water supply (Lefthand water District). (Dept. of Public
Health)
15. A minimum of a 10 pound, dry chemical, ABC extinguisher shall be located on the site at an
accessible location.The extinguisher shall be located in a weather-proof cabinet and mounted 3 to
5 feet above the ground.The extinguisher shall be provided with current inspection tags.(Mountain
View Fire Protection District)
16. Proper building permits shall be obtained prior to any construction, remodeling, demolition,
relocation of buildings, or excavation. (Dept. of Building Inspection)
17. Electrical permits will be required for any electrical work including, but not limited to, site lighting,
truck heaters, etc. (Dept. of Building Inspection)
18. Additional requirements or changes may be required when building applications or plans are
reviewed by the Weld County Building Inspection Department. (Dept. of Building Inspection)
19. Effective December 1, 1999, Building Permits issued on the lot will be required to adhere to the fee
structure of the Southwest Weld Road Impact Program area one (1), (Ordinance 211). The
application's land use type has been tentatively classified by Planning Services within the"Industrial
Category-General Light Industrial"(Section VII.C.1). The current rate of assessment for this type
of land use is $1,476.00 per 1000 square feet.
20. The property owner or operator shall be responsible for complying with the Design Standards of
Section 24.5 of the Weld County Zoning Ordinance.
21. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 24.6 of the Weld County Zoning Ordinance.
22. 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.
23. 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.
24. 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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