HomeMy WebLinkAbout981439.tiff 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, along with changes in wording to Conditions of Approval#2 and Development
Standard#10, formally#9, which was changed with subsequent renumbering. The addition to Condition
of Approval#3C and change to Development Standard#17. Be it resolved by the Weld County Planning
Commission that the application for:
PLANNER: Julie A. Chester
CASE NUMBER: USR-1185
APPLICANT: Dana and DeeAnn Patten
ADDRESS: 20476 Weld County Road 29, Platteville, CO 80651
REQUEST: A Site Specific Development Plan and Special Review Permit for a Mechanic's Repair
Shop for Agricultural trucks and tractors, semi-trucks and other Agricultural implements in
the Agricultural Zone District
LEGAL DESCRIPTION: Part of the NW4/SW4 of Section 21, Township 4N, Range 66W of the 6th
P.M., Weld County, Colorado
LOCATION: East of WCR 29 and '/% mile South of State Highway 256
SIZE OF PARCEL: 3.46 acres
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 --This proposal is consistent with the Weld County Comprehensive Plan,
as amended. A.Goal 2 in the Comprehensive Plan 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. The proposed repair shop is mainly for the service and repair
of agricultural implements and has minimum impacts on surrounding properties. A.Goal 1
Encourages the preservation 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 is bordered by natural boundaries and is difficult to farm and irrigate. It is
surrounded by the Western Mutual Ditch, a ditch access road and Weld County Road 29, and
is 3.46 acres in size. Therefore, no prime farm ground is taken out of production.
b. Section 24.3.1.2 -- This proposal is consistent with the intent of the A (Agricultural) zone
district. Section 31.4.2 of the Weld County Zoning Ordinance provides for Agricultural
Service establishments primarily engaged in performing agricultural, animal husbandry, or
horticultural services on a fee or contract basis, including; farm equipment sales, repair, and
installation facilities. The conditions of approval and development standards ensure that this
proposal is consistent with the intent of the Agricultural Zone District.
EXHIBIT
981439 `"` •
RESOLUTION, USR-1185
Dana and DeeAnn Patten
Page 2
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. Surrounding land uses include residential uses and vacant agricultural
land. If conditions of approval and development standards are met, the impacts to
surrounding properties should be minimal.
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 districts and with the future
development as projected by the Comprehensive Plan or Master Plan of affected
municipalities. This proposal is located within the referral area of the Towns of Milliken and
Gilcrest, 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--The applicant has demonstrated a diligent effort to conserve productive
agricultural land. The site in which this use is proposed is not considered productive
agricultural land because of it's size(3.46 acres)and the difficulties of farming this parcel due
to the natural boundaries surrounding the property.
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 15 days of approval by the Board of County Commissioners.
2. One residential access, per legal parcel is allowed, per Ordinance 180. The applicant shall utilize the
north access off the circle drive for the residence. The business access should be located on the
north side of the property as a separate access.
3. Prior to recording the plat:
A. 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)
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RESOLUTION, USR-1185
Dana and DeeAnn Patten
Page 3
B. 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.
C. The Plat should delineate the closed access of the circle drive and show the
separate access for the business use.
Motion seconded by Stephan Mokray.
VOTE:
For Passage Against Passage
Christie Nicklas
Fred Walker
Stephan Mokray
Marie Koolstra
Jack Epple
Bruce Fitzgerald
The Vice-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 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 May 19, 1998.
Dated the 19th of May, 1998.
0142a
Wendi Inloes
Secretary
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
1. The Site Specific Development Plan and Special Review permit is for a mechanic's repair shop for
the repair of Agricultural trucks and tractors, semi-trucks and other Agricultural implements in the A
(Agricultural) zone district as submitted 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.(Planning)
3. All construction on the property shall be in accordance with the requirements of the Weld County
Building Code Ordinance.(Building Inspection)
4. The property owner or operator shall be responsible for complying with the Design Standards of
Section 24.6 of the Weld County Zoning Ordinance.(Planning)
5. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 24.6 of the Weld County Zoning Ordinance.(Planning)
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 Dept.)
7. No permanent disposal of wastes shall be permitted at this site.(Health Dept.)
8. 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.)
9. Fugitive dust shall be controlled on this site.(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. An individual sewage disposal system is required for the proposed 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
Sewage Disposal Regulations.(Health Dept.)
12. Adequate toilet facilities shall be provided for the public and employees.(Health Dept.)
13. In accordance with the Above Ground Storage Tank Regulations (7 CCR 1101-14) a spillage
retention berm shall be constructed around the tank battery. The volume retained by the spillage
berm should be greater than the volume of the largest tank inside the berm. Alternative protective
measures may be allowed provided they comply with the Above Ground Storage Tank
Regulations.(Health Dept.)
14. 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 Dept.)
15. The facility shall utilize the existing public water supply.(Health Dept.)
16. The operation of the oil burning furnace shall comply with all regulations of the Colorado Air Quality
Control Commission.(Health Dept.)
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17. The applicant shall utilize the north access off the circle drive for the residence. The business access
should be located on the north side of the property as a separate access.
18. The number of employees shall not exceed three(3) and the number of customers shall not exceed
15 per day.(Planning)
19. Hours of operation shall be limited to 7:00 a.m. and 5:00 p.m., Monday through Saturday.(Planning)
20. All storm water drainage shall be handled through a tail water holding pond in the northeast corner
of the property.(Public Works)
21. 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.
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. Major changes from the plans or
Development Standards and Conditions of Approval as shown, shall require the approval of an
amendment of the permit by the Weld County Planning Commission and the Board of County
Commissioners before such changes from the plans, Development Standards and Conditions of
Approval 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 evocation of the permit by the Board of County Commissioners.
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