HomeMy WebLinkAbout991583.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
#1230 FOR A AN AGRICULTURAL SERVICE ESTABLISHMENT IN THE
A (AGRICULTURAL) ZONE DISTRICT - JOHN EICHHORN
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 14th day
of July, 1999, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of John Eichhorn, 38568 Weld County Road 13, Fort Collins, Colorado 80524,
for a Site Specific Development Plan and Special Review Permit#1230 for an Agricultural
Service Establishment in the A (Agricultural) Zone District on the following described real
estate, to-wit:
Part of the NWY of Section 19, Township 7 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was 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 24.4.2.1 -- This proposal is consistent with the Weld County
Comprehensive Plan. The proposal is for a Use by Special Review
Permit to allow commercial equipment sales of light industrial skidsters,
tractors and crawlers for farm, forestry, and landscape use. The
applicant expects to have up to five (5) people use this site per week. The
applicant is also requesting to have an apartment located in the existing
garage for security of the business inventory to be lived in by an
employee of the business. A.Goal 2 reads, "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
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SPECIAL REVIEW PERMIT#1230 - JOHN EICHHORN
PAGE 2
available." Mechanized earth moving equipment is essential to the
operation of farms. A.Goal 1 states, "Preserve prime farmland for
agricultural purposes which foster the economic health and continuance
of agriculture." This proposal will not remove any prime farmland from
production.
b. Section 24.4.2.2 -- Farm equipment sales, repair and installation facilities
are considered a Use by Special Review in the Agricultural Zone District.
c. Section 24.4.2.3 -- The surrounding properties are zoned for agricultural
uses. The Use by Special Review site is screened from surrounding
properties and is not clearly visible from Weld County Road 13.
d. Section 24.4.2.4 -- In a referral response dated April 16, 1999, the Town
of Windsor approved the application and stated that it "appears to be
consistent and compatible with Windsor's Land Use Plan."
e. Section 24.4.2.5 -- The site is not located within an Overlay District.
f. Section 24.4.2.6 -- The site is currently being farmed as pasture land for
cattle; however, this proposal will not remove any farmland from
production.
g. 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 the 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 John Eichhorn for a Site Specific Development
Plan and Special Review Permit#1230 for a an Agricultural Service Establishment 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 30
days of approval by the Board of County Commissioners.
2. Prior to recording the plat:
A. Evidence shall be given to the Department of Planning Services that the
following Conditions of the Weld County Department of Public Health and
Environment have been satisfied: The existing septic system that serves
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PL1317
SPECIAL REVIEW PERMIT #1230 - JOHN EICHHORN
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the apartment, office, and shop (#SP-9700140) shall be reviewed by a
Colorado Registered Professional Engineer. The review shall consist of
observation of the system and an evaluation of the system's ability to
handle the proposed hydraulic load. The review shall be submitted to the
Weld County Department of Public Health and Environment. In the event
the system is inadequately sized or constructed, the system shall be
brought into compliance with current regulations.
B. The applicant shall submit evidence to the Department of Planning
Services that the occupants of the apartment are or will be principally
employed in the operation on the subject property. The evidence shall
consist of tax records, employment agreements or other documentation
as determined suitable by the Department of Planning Services.
C. The applicant shall submit evidence to the Department of Planning
Services that all the Conditions of the Poudre Valley Fire Protection
District have been satisfied.
D. The plat shall be amended to indicate an additional twenty (20) feet of
road right-of-way adjacent to Weld County Road 13.
3. 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 14th day of July, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
^ �UNTY LORADO
/./149,1,44
Dale,K. Hall, Chair
o t �o the Board
ca C� lt411 Az//�fi�
` Barbara J. Kirkmeyer, Pro-Yem
to the Board _ EXCUSED
George E. B c r
APPR9IED AS TO FORM: _
. J ile
4. > _- / 0
my Attorney ���
/ Glenn Vaad
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JOHN EICHHORN
USR #1230
1. The Site Specific Development Plan and Special Use Permit is for an Agricultural Service
Establishment to sell light industrial and farm machinery, and an apartment for employees
in the A (Agricultural) Zone District, as indicated in the application materials on file 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. No permanent disposal of wastes shall be permitted at this site.
4. Fugitive dust shall be controlled on this site.
5. All liquid and solid wastes shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
6. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
7. Adequate toilet facilities shall be provided for the public.
8. The facility shall utilize the existing public water supply (North Weld Water District).
9. The maximum permissible noise level shall not exceed the commercial limit of 60 db(A), as
measured according to Section 25-12-102, C.R.S.
10. At such time that the Use by Special Review Permit for equipment sales should cease, the
apartment, which is accessory to the Special Review Permit, must be removed from the
property or abandoned as living quarters. Evidence shall be submitted to the Department
of Planning Services that the kitchen facilities have been removed or that the appropriate
zoning and building permits have been applied for and approved for the appropriate use.
11. Occupants of the apartment must be principally employed in the operation on the subject
property.
12. All construction on the property shall be in accordance with 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.
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.
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DEVELOPMENT STANDARDS - JOHN EICHHORN (USR #1230)
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15. Personnel from the Weld County Departments of Public Health and Environment and
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.
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. Substantial 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 Board of 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.
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