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HomeMy WebLinkAbout961316.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Zachary Allely 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-1119 PLANNER: Keith A. Schuett NAME: Patrick Williams REQUEST: A Site Specific Development Plan and a Special Review Permit for an Agricutteral Service Establishment ( Custom Farming ) and two Mobile Homes for Temporary use as Accessory to the Farm in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the Southwest '/ Northeast '/ and Northwest '/ Southeast '/, of Section 9, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado P.M., (096309000021) LOCATION: 26587 Weld County Road 388 be recommended favorably to the Board of County Commissioners 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, as amended. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance, as amended, as follows: - The proposed use is consistent with the Urban Growth Boundary goals and policies of the Weld County Comprehensive Plan . The proposed use is within three miles of the Town of Kersey. Representatives of the Town of Kersey reviewed this proposal and found no conflicts with their interests. - This use is consistent with the intent of the A ( Agricultural ) zone district and is provided for as a use by special review. - The uses which would be permitted will be compatible with the existing surrounding land uses which include farm production, oil and gas production facilities, and rural residences. 961316 RESOLUTION, USR-1119 Patrick Williams Page 2 - The attached Development Standards and Conditions of approval will make the proposed use compatible with future development of the surrounding area. - No overlay districts affect this site. - A diligent effort has been made to conserve productive agricultural land in the locational decision for the proposed use. Productive agricultural land will not be taken out of production. - Special Review Permit Development Standards will provide adequate protection of the health, safety and welfare of the inhabitants of the neighborhood and the 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. The Planning Commission's 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 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 Special Review Permit Plat map, the map shall be amended to show the following: A.) The correct size of all proposed accessory structures. B.) The applicant shall submit a waste handling plan to the Environmental Protection Service Division of the Weld County Health Department. The plan shall include at a minimum the following. 961316 RESOLUTION, USR-1119 Patrick Williams Page 3 1. A list of waste which are expected to be generated on site such as used oil, hydraulic fluid, etc. 2. The waste handler facility where the waste will be disposed (include the facility name, address, and phone number). 4. Prior to the issuance building permits on the property and prior to the start of the operation, evidence shall be submitted to the Department of Planning Services that the access is in compliance with the Weld County Public Works standards for Commercial Access and the existing septic system is in compliance with the Weld County Health Department I.S.D.S. regulations. Motion seconded by Shirley Camenisch. VOTE: For Passage Against Passage Ron Sommer Cristie Nicklas Ann Garrison Marie Koolstra Zachary Allely Shirley Camenisch Richard Kimmel The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. 961316 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 June 4, 1996. Dated the 4th June, 1996. • 6aoht Ji I :oshinski Secretary 961316 ' SITE SPECIFIC DEVELOPMENT PLAN and SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Patrick Williams USR-1119 1. The Site Specific Development Plan and Special Review permit is for an Agricultural Service Establishment (Custom Farming) and two Mobile Homes for Temporary use as Accessory to the Farm in the A (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. Access shall be maintained in compliance at all times with Weld County Public Works Department standards for Commercial access. 4. All liquid and solid waste shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 5. No permanent disposal of waste shall be permitted on site. 6. Waste material shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 7. Fugitive dust shall be controlled on site. 8. The maximum permissible noise level shall not exceed the commercial limits of 60 dB(A), as measured according to section 25-12-102, of the Colorado Revised Statutes. 9. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and handled in a safe manner. Reference 25-8-205 Colorado Water Quality Control Act and Rules and Regulations thereof. 10. The property shall be maintained in compliance with S.A.R.A., Title III. 11. All equipment stored on site shall be screened by an approved screening plan from all adjacent properties and public rights-of-way. 12. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 963.316 DEVELOPMENT STANDARDS, USR-1119 Patrick Williams Page 2 13. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 14. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 15. Personnel from the Weld County Health Department and the 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. 16. 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 and 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. 17. 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. 961316 ADDITIONAL COMMENTS Patrick Williams USR-1119 Mr. Williams submitted a letter on May 17, 1996 about the size of the proposed accessory structures. Due to the availability of materials, Mr. Williams would like to change the structure size to 40 feet by 40 feet. 961316 Hello