HomeMy WebLinkAbout20000267.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: Julie A. Chester
CASE NUMBER: USR-1250
APPLICANT: John Carmichael
ADDRESS: 3531 Feather Reed Avenue ---
Longmont, CO 80503
REQUEST: A Special Review Permit for Home Business (Storage of cabinets and equipment), irtthe A
(Agricultural)Zone
LEGAL DESCRIPTION: Lot A of Recorded Exemption 1500, being part of the SW4 of Section 6,
T1 N, R68W of the 6th P.M., Weld County, Colorado
LOCATION: East of and adjacent to WCR 1, 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 follows:
a. Section 24.3.1.1 --This 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.
Water is provided by Left Hand Water District and the sewage disposal will be permitted by
a septic system.
b. Section 24.3.1.2 -- 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 -- The proposal is consistent with Section 24.3.1.3 of the Weld County
Zoning Ordinance, as amended, and will be compatible with future development of the
surrounding area. The surrounding area consists of several residences and agricultural
uses, mainly pasture lands. This application is for storage of equipment and cabinets, with
five employees. Conditions of approval and Development Standards ensure that the
proposal is consistent with surrounding land uses. Concerns regarding traffic, access and
speed limit, from surrounding land owners have been addressed through the Conditions and
Development Standards, including a standard which waives the vested property right
(Development Standard#2), as requested by the applicant.
g2 EXHIBIT__ 2000-0267
Use *14.50 PL 137 7
RESOLUTION, USR-1250
John Carmichael
Page 2
d. Section 24.3.1.4 -- The proposed uses will be compatible with future development of the
surrounding area as permitted by the A (Agricultural) zone district and with the future
development as projected by the Comprehensive Plan or Master Plan of affected
municipalities. The Town of Erie responded in a referral, dated December 10, 1999 that the
proposal did not conflict with their interests. The Town of Frederick did not respond to their
referral.
e. Section 24.3.1.5--The proposal is located within the 100-year flood plain, as shown on FIRM
panel map #080266-0960D. A flood hazard development permit will be required, as a
condition of approval, prior to the release of any building permits.
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 proposal is not located on prime
farmground. According to the U.S.D.A. Soils map, the property is designated as Irrigated,
not prime. The property is only three acres and located within the 100-year floodplain, so is
not considered prime or farmable land.
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, as amended), 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.
2. Prior to recording the plat:
A. The applicant shall submit a screening and landscaping plan, to the Department of Planning
Services, for review and approval. (Dept. of Planning)
B. The applicant shall correct the concerns associated with the existing residential access onto
WCR 1, and submit evidence of Public Works Department approval to the Department of
Planning Services. (Public Works)
C. The plat shall be amended to delineate the following:
1) 100 foot total right-of-way for WCR 1 for future right-of-way. (Public Works)
RESOLUTION, USR-1250
John Carmichael
Page 3
2) Approved landscaping and screening plan. (Dept. of Planning)
3) All requirements for the Special Review Permit Plan map listed under Section 24.7.4,
of the Weld County Zoning Ordinance. (Dept. of Planning)
D. Prior to the release of any building permits:
1) The applicant shall receive approval of a Flood Hazard Development Permit for any
new structures and any development that will increase or decrease the base flood
elevation in the flood plain, as delineated on FIRM Panel map 080266-0960D, dated
September 28, 1982. (Dept. of Planning Services)
E. The applicant shall submit evidence of attempts to address any concerns of the Mountain
View Fire District, to the Weld County Department of Planning Services. (Dept. of Planning
Services)
F. 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 Services)
Motion seconded by Christie Nicklas.
VOTE:
For Passage Against Passage
Fred Walker
Cristie 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.
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 January 18, 2000.
Dated the 18th of January, 2000.
1.,L C( l v •
Trisha Swanson
Secretary
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
John Carmichael
USR-1250
1. The Special Use Permit for a Home Business, specifically storage of equipment and cabinets within
a structure, in the A (Agricultural) Zone, 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. At the time of conveyance of Lot A, RE-1500, the Special Use Permit shall be vacated. Any new
property owner shall reapply for any use not allowed as a Use by Right or Accessory Use in the
Agricultural Zone District. USR-1250 is non-transferable, as requested by the applicant. (Planning
Dept.)
3. The facility will consist of a large steel structure and principal dwelling. All appropriate building and
zoning permits must be obtained prior to construction. The property is located within the 100-year
floodplain, as indicated on FIRM panel map#080266-0960D. (Planning Dept.)
4. All proposed or existing structures will or do meet the minimum setback and offset requirements for
the Agricultural zone district. (Planning Dept.)
5. No more than one 40 foot semi-truck per week shall access the property for deliveries. (Planning
Dept.)
6. A 15-mile per hour speed limit sign shall be posted at the entrance, on WCR 1 and at the facility, as
trucks are leaving the site. (Planning Dept.)
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 the final disposal in a manner that protects
against surface and groundwater contamination. (Health Dept.)
8. No permanent disposal of wastes shall be permitted at this site.(Health Dept.)
9. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions. (Health Dept.)
10. 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. (Health Dept.)
11. Fugitive dust shall be controlled on this site. (Health Dept.)
12. Adequate toilet facilities shall be provided for the public and employees. (Health Dept.)
13. The facility shall utilize the existing public water supply (Left Hand Water District). (Health
Dept.)
14. An individual sewage disposal system is required for the proposed residence and shop facility 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. (Health Dept.)
15. The existing, and any proposed, structures shall meet all building and fire codes. (Mountain View Fire
District, Planning Dept.)
16. The trash receptacle must be screened from all adjacent properties and public rights-of- way.
(Planning Dept.)
17. Any proposed signage shall require appropriate building permits and be constructed in accordance
with Section 42.2 of the Weld County Zoning Ordinance. (Planning Dept.)
18. 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. (Planning Dept.)
19. 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. (Planning Dept.)
20. Personnel from the Weld County Health Department and Weld County Department of 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 hereon and all
applicable Weld County regulations. (Planning Dept.)
21. 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 Planning Commission 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. (Planning Dept.)
22. 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. (Planning Dept.)
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