HomeMy WebLinkAbout970869.tiffApplicant: Steve Rowan
INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION
Case Number: USR-1141
Submitted or
Prepared Prior
to Hearin
X
1. Staff Recommendation
2. Legal Notification
3. Application
4. Town of Erie Referral 2-20-97
5. Left Hand Water District Referral 2-10-97
6. Boulder County Land Use Department Referral 2-19-97
7. Boulder Valley Soil Conservation District Referral 3-10-97
B. Weld County Public Works Department Referral 2-20-97
9. Weld County Public Works Department Referral 2-14-97
10. Mountain View Fire Protection District Referral 2-26-97
11. Tri-Area Planning Commission Referral 3-3-97
12. Planning Technicial Maps
13. Deed
14. Surrounding Property Owner Notification
15. Utility Letter
16. Soil Survey
17. Letter from Gregg D. Willett
16. Letter from John and Doreen Simpson & Bob & Sheila Nichols
19. Letter from Sherry S. & Kerry L. Bearly
20. Letter from Larry A. And Glenda Sue Bearly
21. Letter from Floyd S. Price
22. Photo -Bearly
At Hearin
23. Photo Bearly
I hereby certify that the items 23 centified herein were submitted to the Department of Planning Services at or prior to the scheduled
Planning Commission hearing. I further certify that th a items were forwarded to the Clerk to the Board's Office on March 20, 1997.
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LAND USE APPLICATION
Summary Sheet
COLORADO
PLANNER: Shani L. Eastin
CASE NUMBER: USR-1141
APPLICANT: Steven M. & Pamela J. Rowen
ADDRESS:
REQUEST:
HEARING DATE: March 18, 1997
5799 WCR 5
Erie, CO 80516
A Site Specific Development Plan and Special Review Permit for a tree farm and
home business (mold making) in the A (Agricultural) Zone District
LEGAL DESCRIPTION: Part ofCounty, Colorado P.M., Section M. Weld County, Cooado P.M., Weld
County, Colorado
LOCATION: West of and adjacent to Weld County Road 5; Approximately 1/4 mile south of
State Highway 52
ACRES: 3.67 Acres PARCEL NUMBER: 1467-05-100002
POSSIBLE ISSUES SUMMARIZED FROM THE APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 24.3 of the Weld County
Zoning Ordinance.
The Department of Planning Services staff has received responses from all the referral agencies
which include the following:
1. Town of Erie
2. Left Hand Water District
3. Boulder County Land Use Department
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4. Boulder Valley Soil Conservation District
5. Weld County Public Works Department
6. Weld County Health Department
7. Tri-Area Planning Commission
8. Mountain View Fire Protection District
The Department of Planning Services has received five (5) letters from surrounding property owners
expressing their concerns with this proposal.
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STAFF RECOMMENDATION
W Rowen
M
COLORADO Steven M. & Pamela J.
PLANNER: Shani L. Eastin
CASE NUMBER: USR-1141
APPLICANT: Steven M. & Pamela J. Rowen
ADDRESS:
REQUEST:
USR-1141
HEARING DATE: March 18, 1997
5799 WCR 5
Erie, CO 80516
A Site Specific Development Plan and Special Review Permit for a tree farm and
home business (mold making) in the A (Agricultural) Zone District
LEGAL DESCRIPTION: Part of tColorado ' of Sec ion 5, iN, R 8W of the County, Colorado
6th P.M., Weld County, LOCATION: West of and adjacent to Weld County Road 5; Approximately '4 mile south of
State Highway 52
ACRES: 3.67 Acres PARCEL NUMBER: 1467-05-100002
The Department of Planning Services staff recommends that this request 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 Department of Planning Services that the applicant has shown
compliance with Sections 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 which allows for commercial and industrial uses to locate in
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the Agricultural Zone District when the impact to surrounding properties is
minimal, and where adequate services and infrastructure are available.
b. Section 24.3.1.2 -- This proposal is consistent with the intent of the A
(Agricultural) Zone District in that no prime productive farm ground is being taken
out of production.
c. Section 24.3.1.3 -- The proposal will be compatible with the existing surrounding
land uses which are small residential acreage to the south and large agricultural
acreage to the north, east and west.
d. Section 24.3.1.4 -- The proposed use 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 and Boulder County both reviewed this
application and have no conflict of interest. The Tri-Area Planning Department
reviewed the request and expressed concerns with the definition of a home business
in this location. Tri-Area believed that the proposed use does not meet the true
intent of a home business, however under the Zoning Ordinance a home business
is described as an incidental use to the principal permitted use for gainful
employment of the family residing on the property.
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 applicant is proposing to operate a tree farm on
the agricultural portion of this site which is a use allowed by right in the
Agricultural Zone District. The home business location is proposed to occur in an
existing outbuilding on the property.
Section 24.3.1.7 -- 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.
g.
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The Department of Planning Services's staff 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. Prior to recording the plat:
A. The applicant shall submit a waste handling plan to the Environmental Protection
Services Division of the Weld County Health Department. A copy of the plan of
an approved plan shall be submitted to the Department of Planning Services. The
plan shall include at a minimum, the following:
1. A list of waste 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. The Environmental Protection Services of the Weld County Health Department was
unable to locate a septic permit for the septic system serving the existing home on
the property. The applicant shall submit evidence to the Department of Planning
Services that the existing septic system is currently permitted with the Weld County
Health Department. Any existing septic system(s) which is not currently permitted
through the Weld County Health Department will require an I.S.D.S. Evaluation
prior to the issuance of the required septic permit(s). In the event the system(s) is
found to be inadequate, the system(s) must be brought into compliance with current
Individual Sewage Disposal System regulations.
C. The applicant shall attempt to comply with the requirements stated in a referral
letter from Mountain View Fire Protection District, dated February 20, 1997.
Information shall be submitted to the Department of Planning Services regarding
the attempt to meet these requirements.
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Steven M. & Pamela J. Rowen
USR-1141
1. The Site Specific Development Plan and Special Use Permit is for a Tree Farm and Home
Business (Mold Making) 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.
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld
County Zoning Ordinance, as amended.
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. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
6. Fugitive dust shall be controlled on this site.
7. The maximum permissible noise level shall not exceed the commercial limit of 60 db(A),
residential limit of 55db(A) as measured according to 25-12-102, Colorado Revised Statutes.
8. All pesticides, fertilizers, and other potentially hazardous chemicals must be stored on an
impervious surface, in an enclosed structure, provided the manufactures recommendations
for safe storage and handling are in accord. In any event, the manufacture
recommendations will take precedence.
9. The septic system for the accessory structure has been designed for five (5) employees. In
the event the number of employees at the site exceeds five (5), the applicant shall enlarge
the system in accordance with the Weld County I.S.D.S. regulations.
10. 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.
11. 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.
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12. 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.
13. 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 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.
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