HomeMy WebLinkAbout961950.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-1124
PLANNER: Kerri D. Keithley T )
NAME: Harlan Wall, 310 S. 22nd Avenue, Brighton, CO 80601
REQUEST: A Site Specific Development Plan and a Special Review Permit to park and store construction
equipment in the A(Agricultural)zone district.
LEGAL DESCRIPTION: Part of the E2 of Section 29,Ti N, R65W of the 6th P.M., Weld County, Colorado.
LOCATION: West of and adjacent to Weld County Road 41, south of and adjacent to Weld County Road 6.
TOTAL ACREAGE OF USR ACTIVITY: 1.5 acres
TOTAL ACREAGE OF PARCEL: 100.11 acres
PARCEL NUMBER: 1473 29 000026
be recommended favorably to the Board of County Commission 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:
a. Section 24.3.1.1 --This proposal is consistent with the Weld County Comprehensive Plan, as
amended. The 100 acre site is currently being used for agricultural production with the
exception of the south 1.5 acres separated off from the site by the Neres Ditch. This 1.5 acre
portion is the area in which the special review activity is currently being performed. The 1.5
acres are not an agriculturally productive portion of the site due to its separation from the
remainder of the property by the ditch. By containing the special review activity to the 1.5 acres,
the proposal attempts to preserve the remainder of the site(98 acres)for agricultural purposes
which foster the economic health and continuance of agricultural as consistent with A.Goal 1 of
the Weld County Comprehensive Plan.
b. Section 24.3.1.2--This proposal is consistent with the intent of the A(Agricultural)zone district.
The property is zoned Agricultural and the proposed uses are provided for by approval of a Use
by Special Review Permit. This proposal is consistent with A.Policy 2 of the Comprehensive
Plan Section 24.3.1.3 of the Weld County Zoning Ordinance, as amended, by locating in an
area that minimizes the removal of prime agricultural land from production.
961950
RESOLUTION, USR-1124
Harlan Wall
Page 2
c. Section 24.3.1.3--The proposal is consistent with Section 24.3.1.4 of the Weld County Zoning
Ordinance, as amended and will be compatible with future development of the surrounding area.
The surrounding properties are zoned A(Agricultural). This proposal is consistent with A. Policy
4.1.8 of the Weld County Comprehensive Plan by clustering the use on the 1.5 acre portion of
the site to minimize the impacts on the remainder of the site as well as on surrounding
agricultural land. Conditions of Approval and Development Standards ensure that the proposed
uses will remain compatibly with the existing surrounding land uses.
d. Section 24.3.1.4 -- The proposed uses will be compatible with future development of the
surrounding area as permitted by the A (Agricultural) zone districts and with the future
development as projected by the Comprehensive Plan or Master Plan of affected municipalities.
As stated above, this site is located in the agricultural zone district and is provided for by a Use
by Special Review Permit. The site is not located within an urban growth boundary area,
however, it is located within the referral boundary of the Town of Lochbuie. The Department of
Planning Services did not receive a response from the Town of Lochbuie.
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 by containing the special review activity on the 1.5 acres of the site. As stated
above, this portion of the site is separated off from the rest of the site by the Neres Ditch.
g. Section 24.3.1.7--The Design Standards(Section 24.5 of the Weld County Zoning Ordinance,
as amended), Operation Standards (Section 24.6 of the Weld County Zoning Ordinance, as
amended), 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 recommendationis 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 completed plat shall be delivered to the
Department of Planning Services 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. All accesses shall be clearly delineated on the plat.
B. The applicant shall adhere to the application requirements for the Vicinity Map and Plot Plan
Map stated in Section 24.7.4 Special Review Permit Map in the Weld County Zoning
Ordinance, as amended.
C. The applicant shall submit a screening plan to be reviewed and approved by the Department
961950
RESOLUTION, USR-1124
Harlan Wall
Page 3
Motion seconded by Marie Koolstra.
VOTE:
For Passage Against Passage
Glenn Vaad
Cristie Nicklas
Marie Koolstra
Jack Epple
Rusty Tucker
Arlan Marrs
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 Commission 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 September 5, 1996.
Dated the 5th of September, 1996
Jill �`th hinski )6C1/4-:
Secretary
961950
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Harlan Wall, USR-1124
1. The Site Specific Development Plan and Special Use Permit is to park and store construction
equipment 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 25-12-102, Colorado Revised Statutes.
8. An individual sewage disposal system is required for the proposed facility and shall be installed
according to the Weld County Individual Sewage Disposal Regulations. A vault system approved
by the Weld County Health Department shall be acceptable.
9. The special review activity shall be adequately screened through the use of landscaping and/or
fencing to minimize negative impacts on surrounding properties.
10. That portion of the site used for the Special Review Activity which abuts a public or private street
right-of-way shall be landscaped for a distance of ten (10)feet measured at a right angle from the lot
line towards the interior of the lot, as stated in Section 23.2.1.11.2 of the Weld County Zoning
Ordinance.
11. That portion of the site used for the Special Review Activity shall be maintained in such a manner that
grasses and weeds are not permitted to grow taller than twelve(12) inches. The property owner shall
not allow the growth of noxious weeds, as stated in Section 23.2.1.15.7 in the Weld County Zoning
Ordinance.
12. All construction on the property shall be in accordance with the requirements of the Weld County
Building Code Ordinance.
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, as amended.
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, as amended.
15. During construction, no materials shall be stockpiled nor vehicles stored on county roads. All
materials and vehicles shall be contained on the site or on adjacent properties.
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DEVELOPMENT STANDARDS, USR-1124
Harlan Wall
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16. 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.
17. 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.
18. 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.
961950
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