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HomeMy WebLinkAbout961786.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Jack Epple that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR-1122 NAME: Rolland T. Jones and Mable Pittman ADDRESS: 19273 197 way Hudson, Co. 80642 REQUEST: A Site Specific Development Plan and a Special Review Permit for an Agricultural SerVice Establishment(Auction Facility) in the A(Agricultural)zone district. - LEGAL DESCRIPTION: Lots 9 and 12 in Vantage Acres Subdivision, Third Filing, located in part of the South %, of Section 17, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado P.M., Weld County, Colorado (147317302008 147317303006) LOCATION: 19273 197 Way be recommended unfavorably to the Board of County Commissioners for the following reasons: 1. It is the opinion of the Planning Commission that the applicant has not shown compliance with Section 24.3 of the Weld County Zoning Ordinance, as amended, as follows: a. This proposal is not consistent with the Weld County Comprehensive Plan's, as amended, Agricultural Goals. Agricultural Goal 2 states: "Allow 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 impacts to surrounding properties by the proposed Agricultural Service Establishment (Auction Facility)is not minimal. This property under consideration and the surrounding area effected by this proposal is an agricultural zoned subdivision with residential type uses. The proposal would add substantial traffic(300 to 400 autos going to and from the auction)and dust to the area not only on the days of the auction(up to 6 auctions per year), but would also generate additional traffic and dust when items are brought to the area for the sale and also when the items that are sold are removed after the sale. Additionally the visual and noise impacts created by the traffic, the normal every day use of the auction facility (delivering equipment, parking, equipment repair and preparation), and the auction itself do not appear to be minimal to the surrounding properties. Additional impacts to the surrounding properties were expressed by the Hudson Fire Protection District in their Referral Response dated July 11, 1996. The District had concerns about congestion on the roads which could interfere with emergency vehicle access and that service demands could impact their resources. 961786 RESOLUTION, USR-1122 Rolland T. Jones and Mable Pittman Page 2 b. The uses which could be permitted by this Special Review Permit do not appear to be compatible with existing and future surrounding land uses. The traffic, parking, dust, noise, (see the Memorandum dated July 22, 1996 from Don Caroll,Weld County Public Works Department)and visual impacts from the proposed Agricultural Service Establishment(Auction Facility)does not appear to be compatible with existing surrounding land use(an agricultural zoned subdivision with 48 rural residences and 12 vacant lots) and the potential for additional rural residences in the future when existing vacant lots are developed. Marie Koolstra seconded the motion. VOTE: For Passage Against Passage Cristie Nicklas Marie Koolstra Jack Epple Arlan Marrs Shirley Camenisch Ann Garrison The Vice-Chairperson declared the resolution passed and ordered that a certified copy of this resolution be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Jill Boshinski, 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 6, 1996. Dated the 6th of August, 1996. �j4 !{�' ' 1_ &L.1. Jill Boshinski Secretary 961786 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT Additional Comments Rolland T. Jones and Mable Pittman USR-1122 One letter was received on July 11, 1996 from Cletus and Anita Gentrup in opposition to the proposed Special Use Permit. One petition was received on July 24, 1996 with 52 signatures in opposition to the proposed Special Use Permit. One letter dated July 24, 1996 from Elaine Graves, President, South Weld County Citizens for Orderly Growth, was received. One letter dated August 1, 1996 from George and Vicki Kennedy in opposition to the proposed Special Use Permit. 9617135 Conditions of approval and Development Standards for USR-1122 for Rolland T. Jones and Mable Pittman 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. Prior to recording the Plat: a) Evidence shall be submitted to Department of Planning Services that a septic system is installed for the Special review permit activity and that the system has been approved by the Weld County Health Department. b) That a road maintenance and dust abatement agreement shall be reviewed by the Weld County Public Works Department and approved by the Board of County Commissioners. A copy of this approval shall be submitted to the Department of Planning Services. c) The plat shall be amended to show a six foot solid board fence around the outer edge of the Special Review Permit area(both lot 9 and lot 12). 961.789 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Rolland T. Jones and Mable Pittman USR-1122 1. The Site Specific Development Plan and Special Review Permit is for an Agricultural Service Establishment (Auction Facility) in the 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. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. This Special Review Permit shall not be transferred to any successor in interest and shall automatically expire without any action by Weld County. 4. All storage of goods and equipment associated with the Special Review activity shall be fully enclosed within the 6 foot solid board fenced area on lot 12. No goods or equipment associated with the Special Review activity shall be located on lot 6 at any time. 5. The 6 foot solid board fence shown on the approved plat shall be maintained in good repair at all times. At no time shall the fence be allowed to fall down or deteriorate to a point where it no longer provides adequate visual screening and a noise buffer. 6. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 7. No permanent disposal of waste shall be permitted at this site. 8. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 9. Fugitive dust shall be controlled on this site. 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. 11. The engineered designed septic system shall be maintained in good working order at all times. 12. Parking shall not be allowed off site and at no time shall the operation block any county maintained roads. 13. No more than 6 auctions may be conducted on site within a 12 month period. 961786 14. All construction on the property shall be in accordance with the requirements of the Weld County building Code Ordinance. 15. 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. 16. 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. 17. Personnel from the Weld County Health Department, Hudson Fire Protection District, 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. 18. 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 shown or stated shall require the review of an amendment to the Permit by the Weld County Planning Commission and the approval by the Board of 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 . 19. 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. 961786 Hello