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HomeMy WebLinkAbout972640.tiffRESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT #1170 FOR A COMMERCIAL USE (WELDING AND MACHINE SHOP) IN THE A (AGRICULTURAL) ZONE DISTRICT - HARIMON 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 17th day of December, 1997, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Troy and Cynthia Harimon, 27680 Weld County Road 388, Kersey, Colorado 80644, for a Site Specific Development Plan and Special Review Permit #1170 for a Commercial Use (Welding and Machine Shop) in the A (Agricultural) Zone District on the following described real estate, to -wit: Lot A of Recorded Exemption #817, located in the NE'% of Section 15, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado WHEREAS, said applicant was presented 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 24.4.2.1 -- This proposal is consistent with the Weld County Comprehensive Plan which allows commercial and industrial uses to locate in the Agricultural Zone District when the impact to surrounding 972640 (1/ PLC 4 //t; //Ccilm PL1235 SPECIAL REVIEW PERMIT #1170 - HARIMON PAGE 2 properties is minimal, and where adequate services and infrastructure are available. The proposed welding and machine shop will not impact the surrounding properties. The site is serviced by North Weld County Water District for adequate water supply and a septic system is currently available to provide sewage disposal. Access to the site is existing onto Weld County Road 388, which is a paved collector road. b. Section 24.4.2.2 -- 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. The subject site currently has an existing home on the property. c. Section 24.4.2.3 -- The proposal will be compatible with the existing surrounding land uses which are a dairy and residences to the east and west, the South Platte River to the South and agricultural production to the north. d. Section 24.4.2.4 -- 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 subject property lies within three miles of the Town of Kersey. e. Section 24.4.2.5 -- The proposal is not located within the Flood Hazard Overlay District Area identified by FEMA. f. Section 24.4.2.6 -- The subject property is not prime farm ground. Section 24.4.2.7 -- 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 Troy and Cynthia Harimon for a Site Specific Development Plan and Special Review Permit #1170 for a Commercial Use (Welding and Machine Shop) in the A (Agricultural) Zone District on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: g. 972640 PL1235 SPECIAL REVIEW PERMIT #1170 - HARIMON PAGE 3 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 shall be amended: a. To identify parking to accommodate customer vehicles, deliveries and pickup of materials. b. To show the eastern -most access to the property is closed. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of December, A.D., 1997. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO eorge E! Baxter, Chair EXCUSED DATE OF SIGNING (AYE) stance L. Harbe Pr+-Tem Dal K. Hall JtkJ Barbara J. Kirkmeyer / c Z.E'/> rc. _ JJ7 j'IL W. H. Webster 972640 PL1235 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS USR #1170 1. The Site Specific Development Plan and Special Use Permit is for a Commercial Use (Welding and Machine Shop) 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) as measured according to Section 25-12-102, Colorado Revised Statutes. 8. No staging or parking will be allowed on Weld County Road 388 adjacent to the proposed welding and machine shop. 9. 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. 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, as amended. 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 hereon and all applicable Weld County regulations. 972640 PL1235 DEVELOPMENT STANDARDS - HARIMON (USR #1170) PAGE 2 12. 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. 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. 972640 PL1235 Hello