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RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW
PERMIT #1141 FOR A TREE FARM AND I-1 USE (MOLD MAKING) IN THE
A (AGRICULTURAL) ZONE DISTRICT - STEVEN M. AND PAMELA J. ROWEN
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 16th day
of April, 1997, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Steven M. and Pamela J. Rowen, 5799 Weld County Road 5, Erie,
Colorado 80516, for a Site Specific Development Plan and Special Review Permit #1141 for a
tree farm and I-1 use (mold making) in the A (Agricultural) Zone District, on the following
described real estate, to -wit:
Part of the NE1/4 of Section 5, Township 1 North,
Range 68 West of the 6th P.M., Weld County, Colorado
WHEREAS, Steven and Pamela Rowen, applicants, were present at said hearing, 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. 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 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.
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SPECIAL REVIEW PERMIT #1141 - ROWEN
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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 believes 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.
G. 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Steven M. and Pamela J. Rowen for a Site
Specific Development Plan and Special Review Permit #1141 for a tree farm and I-1 use (mold
making) 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
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.
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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 approved plan shall be submitted to the Department of
Planning Services. The plan shall include at a minimum, the following:
1. A list of wastes 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 Division 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) not currently permitted
through the Weld County Health Department will require an I.S.D.S.
(Individual Sewage Disposal System) 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
I.S.D.S. regulations.
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.
D. The applicant shall submit to the Department of Planning Services for
review and approval a screening plan for the R.V. currently located on the
property.
E. The R.V. shall be relocated outside of the utility easement located on the
south side of the property. The new location of the R.V. shall be shown
on the plat.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 16th day of April, A.D., 1997.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
y Clerk to the Board
eputy Cler'o the Board
1AP D
minty Attor
George E. Baxter, Chair
EXCUSED
tance L. Harb-,_ Pro; -m
f )C
Dale K. Hall
j/ /q ty
'Barbara J. Kirkmeyer
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
STEVEN M. AND PAMELA J. ROWEN
USR /11141
1. The Site Specific Development Plan and Special Review Permit is for a tree farm and I-1
use (Mold Making) in the A (Agricultural) Zone District, as indicated in the application
materials on file and subject to the Development Standards stated herein.
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 Section 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 manufacturers'
recommendations for safe storage and handling are in accord. In any event, the
manufacturer 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.
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 herein and all applicable Weld County regulations.
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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.
14. At any given time, the maximum number of employees is limited to five.
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