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HomeMy WebLinkAbout981881.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 be introduced for passage by the Weld County Planning Commission, along with the changes to Development Standard#1 adding the wording similarly manufactured parts, and the changes to Development Standard#8 from residential to light industrial limit of 70 dB(A). Be it resolved by the Weld County Planning Commission that the application for CASE NUMBER: USR-1191 APPLICANT: Stanley Heinze • ADDRESS: 15415 Colorado Highway 14, Ault, CO 80610 PLANNER: Julie A. Chester REQUEST: A Site Specific Development Plan and a Special Review Permit for an Agricultural Service, to manufacture and assemble agricultural weedburners, farm crop sprayers and to'store, repair and sell farm machinery in the Agricultural Zone District LEGAL DESCRIPTION: Lot A of RE-902, Part of the SW4 of Section 10, T7N, R66W of the 6th P.M., Weld County, Colorado LOCATION: North of and adjacent to Colorado Highway 14, Approximately 1 mile west of the Town of Ault 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 in the Comprehensive Plan allows for 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 proposed use is primarily to manufacture and assemble agricultural implements and to repair and sell farm machinery. This use has minimal impacts on surrounding properties. A.Goal 1 encourages the preservation of prime farmland for agricultural purposes which foster the economic health and continuance of agriculture. This proposal is located on a small parcel of land that has been used historically as an onion storage facility. Therefore, no prime farmground is 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 31.4.2 of the Weld County Zoning Ordinance provides for Agricultural Service establishments, including; farm equipment sales, repair, and installation facilities. The proposal is consistent with the intent of the Agricultural Zone District, as this establishment will serve the surrounding Agricultural community. c. Section 24.3.1.3 --That the USES which would be permitted will be compatible with the existing surrounding land USES. Surrounding land uses include residential uses and vacant agricultural land. The conditions of approval and development standards ensure the impacts to surrounding properties are minimal. EXHIBIT 981881 U92 -1#//9( RESOLUTION, USR-1191 Stanley Heinze Page 2 d. Section 243.1.4--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. This proposal is located within the referral area of the Towns of Ault and Pierce, however is not within their Urban Growth Boundaries. Both towns responded with no conflicts with their interests. e. Section 24.3.1.5-The proposal is not located within the Overlay District Areas identified by maps officially adopted by Weld County. 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 in which this use is proposed is 1.73 acres and has been historically used as an onion storage facility and has not been farmed. 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 the 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 Environmental Protection Services Division of the Weld County Health Department was unable to locate a septic permit for the septic system serving the existing structure. The septic system serving the existing structure must be permitted. Prior to permitting, the septic system shall be reviewed by a Colorado Registered Professional Engineer. The review shall consist of observation of the system and a technical review describing the systems ability to handle the proposed hydraulic load. The review shall be submitted to the E.P.S. Division of the Weld County Health Department. In the event the system is found to be inadequately sized or constructed the system shall be brought into compliance with current regulations. (Health Dept) B. The applicant shall submit to the Department of Planning Services, for review and approval, a detailed landscape/screening plan to address all existing and proposed screening on the site, including the type and height of fencing material used, species and height of all trees on the site. The landscaping/screening plan shall include a maintenance plan for all living material to be utilized in the screening efforts. (Planning) 92 S I RESOLUTION, USR-1191 Stanley Heinze Page 3 C. The applicant shall provide evidence of an adequate water supply, to the Department of Planning Services. (Dept. of Planning) D. The applicant shall submit a Storm Water Drainage Plan to the Department of Public Works for review and approval. A retention area to hold any storm water runoff that may occur from the existing metal building. The retention area must be delineated on the plat. An approved copy of this plan shall be submitted to the Department of Planning Services. (Public Works) E. The plat shall be amended to delineate the reduced width of the driveway to 35 feet and increase the radii, to accommodate larger vehicle types. (Colorado Department of Transportation) F. The plat shall be amended to add the word "ownership" to the City of Thornton properties surrounding the proposal. G. The applicant shall vacate USR-745 for the onion storage facility. (Dept. of Planning) H. The attached Development Standards shall be placed on the plat. (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. (Planning) Motion seconded by Michael Miller. VOTE: For Passage Against Passage Cristie Nicklas Marie Koolstra Fred Walker Michael Miller Stephan Mokray Bruce Fitzgerald Jack Epple 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 Commissioners for further proceedings. CERTIFICATION OF COPY I, Wendi Inloes, 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 August 18, 1998. Dated the 18th of A ust, 1998. a)204. Wendi Inloes Secretary q2 �� 81 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Stanley Heinze USR-1191 1. The Site Specific Development Plan and Special Use Permit to manufacture and assemble agricultural weedburners, farm crop sprayers and other similarly manufactured parts, and to store, repair and sell farm machinery 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) 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance, as amended. (Planning) 3. No permanent disposal of wastes shall be permitted at this site. (Health Department) 4. Fugitive dust shall be controlled on this site. (Health Department) 5. The facility shall utilize the existing public water supply. (Health Department) 6. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Health Department) 7. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. (Health Department) 8. The maximum permissible noise level shall not exceed the light industrial limit of 70 dB(A), as measured according to 25-12-102, Colorado Revised Statutes. (Health Department) 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. (Health Department) 10. The septic system serving the existing structure shall be brought into compliance with current Weld County Health Department regulations. (Health Department) 11. All construction on the property shall be in accordance with the Weld County Building Code Ordinance. (Planning) 12. The hours of operation are from 7:00 a.m. to 7:00 p.m., Monday through Sunday. (Planning) 13. The waste dumpster located on the property shall be screened from all adjacent properties and public rights-of-way. (Planning) 14. The landscaping on site shall be maintained in accordance with the approved landscaping plan. (Planning) 15. All outside storage is limited to Agricultural related implements. (Planning) 16. 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. 17. 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. ggii3l 18. Personnel from the Weld County Health Department and Weld County Planning Department 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. 19. 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. 20. 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. 5 GsI �`� I Hello