HomeMy WebLinkAbout952270.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
#1097 FOR AN ART GALLERY IN THE A (AGRICULTURAL) ZONE DISTRICT -
LARRY L. AND MARY JEAN MUELLER
WHEREAS, the Board of County Commissioners of Weld County, Colorado, .pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 1st day of
November, 1995, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Larry L. and Mary Jean Mueller, 1309 East 16th Street, Greeley, Colorado
80631, for a Site Specific Development Plan and Special Review Permit #1097 for an art gallery
in the A (Agricultural) Zone District on the following described real estate, to -wit:
Lot 8, Union Colony, located in the NE'/ NE% of
Section 9, Township 5 North, Range 65 West of the
6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by William Crews, CPL, and
WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards for
review of said Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and statements
of those present, studied the request of the applicant and the recommendations of the Weld County
Planning Commission and all of the exhibits and evidence presented in this matter and, having
been fully informed, finds that this request shall be approved 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 Board of County Commissioners that the applicant has shown
compliance with Section 24.4.2 of the Weld County Zoning Ordinance as follows:
a. This proposal is consistent with the Weld County Comprehensive Plan. The
Comprehensive Plan encourages such uses be located within the
Agricultural Zone District and is provided for as a Use by Special Review.
b. The proposed use will be compatible with future development of the
surrounding area and with future development.
c. The site lies within the Airport Overlay District and the issue is addressed
within the Development Standards. The Airport Authority has no concerns
with this proposal.
d. The Conditions of Approval and Development Standards will ensure
adequate provision for the protection of the health, safety, and welfare of the
inhabitants of the neighborhood and County.
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952270
PL1012
SPECIAL REVIEW PERMIT #1097 - MUELLER
PAGE 2
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Larry L. and Mary Jean Mueller for a Site Specific
Development Plan and Special Review Permit #1097 for an art gallery in the A (Agricultural) Zone
District on the hereinabove described parcel of land be, and hereby is, granted subject to the
following conditions:
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 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. 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.
3. The sign that is to be located within the access easement shall be a maximum of
sixteen (16) square feet and shall be located at proper setback from 16th Street to
allow for good site distance for the traffic entering the County road.
4. The applicant shall maintain the weed height on both sides of the easement
accessing the art gallery.
5. Adequate toilet facilities shall be provided for the public.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 1st day of November, A.D., 1995.
fl
'.WelacC;Si]hty Clerk to the Board
`: ✓ / / F lac
BY:
Deputy Cle&)to the Board
APPROVED AS TO FORM:
%d`/G97li>>"
(kg
County Attorney
BOARD OF COUNTY COMMISSIONERS
W LD COUNTY, COLQRADO
Dale K. Hall, Chairman
iiuck A
arbara J. KirkmeyerrPro-Tem
George E. Baxter
Constance L. Harbert
W. F
e ster
952270
PL1012
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LARRY L. AND MARY JEAN MUELLER
USR #1097
1. The Site Specific Development Plan and Special Review Permit is for an art gallery located
in the A (Agricultural) Zone District as indicated in the application materials on file.
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld
County Zoning Ordinance.
3. All liquid and solid wastes shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
4. No permanent disposal of wastes shall be permitted at this site.
5. The maximum permissible noise level shall not exceed the commercial limit of 55 db(A), as
measured according to 25-12-102, Colorado Revised Statutes.
6. Adequate toilet facilities shall be provided for the public.
7. All construction on the property shall be in accordance with the requirements of the Weld
County Building Code Ordinance.
8. The property owner or operator shall be responsible for complying with the Design
Standards of Section 24.5 of the Weld County Zoning Ordinance.
9. The property shall maintain compliance with the Airport Overlay District.
10. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance.
11. 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 herein and all applicable Weld County regulations.
12. The Special Review area shall be limited to the plans shown herein and governed by the
foregoing Standards and all applicable Weld County regulations. Major 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 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.
13. 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.
952270
PL1012
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