HomeMy WebLinkAbout980162.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSIGN WELD C0U'4T
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COIN Sf$IQ S
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Moved by Jack Epple that the following resolution be introduced for passage by the Weld Cok t�l! Planning
Commission. Be it resolved by the Weld County Planning Commission that the application forLtnjtnil
TO THE Pot n
CASE NUMBER: USR-1171
PLANNER: Kerri Keithley
APPLICANT: Douglas Born
ADDRESS: 7377 Weld County Road 76, Windsor, CO. 80550
REQUEST: A Site Specific Development Plan and a Special Review Permit for a Commercial Use for a
vehicle sales business (selling antique car parts) located in the A (Agricultural)zone district.
LEGAL DESCRIPTION: Lot B of Re-1024 located in part of the SW4 of Section 29, UN, R67W of the
6th P.M., Weld County, Colorado.
LOCATION: North of& adjacent to Weld County Road 76; approx. 3/4 mile west of State Highway 257,
also located adjacent to the Town of Windsor's limits on the east, north and south boundaries.
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:
a. Section 24.3.1.1 --This proposal is consistent with the Weld County Comprehensive Plan, as
amended. A.Goal 3 in the Comprehensive Plan states to discourage residential, commercial,
and industrial development which is not located adjacent to existing incorporated
municipalities. The proposed site lies adjacent to the Town of Windsor's limits to the north,
south and west. A.Goal 1 states to preserve prime farm ground for agricultural purposes
which foster the economic health and continuance of agricultural. This site is considered non-
prime farm ground and is approximately 1 1/ acres in size. The proposal of selling vehicle
parts from this site appears to be consistent with the Comprehensive Plan agricultural goals
and policies.
b. Section 24.3.1.2 -- This proposal is consistent with the intent of the A (Agricultural) zone
district. A non-commercial junkyard, an accessory use in the agricultural zone district, is
defined as an area where any waste,junk, or used or second hand materials are stored or
handled,including but not limited to scrap iron and other metals, rubber tires, and the storage
or keeping of derelict vehicles. Non-commercial junkyards are required to be totally enclosed
within a building or structure or visually screened from all adjacent properties and public
rights-of-way. The material that the applicant currently has stored on the site is antique
vehicles and vehicle parts. The use of storing these materials on the site could be allowed
as an accessory use if the above conditions are met and a commercial component is not
included. The commercial component to this use is that approximately 15 to 20 customers
per month come to the site to purchase vehicle parts and the applicant does advertise his
business in select magazines. There are no employees on the site, it is operated solely by
the applicant. The use is currently occurring on the site, in violation of the Weld County
Zoning Ordinance.
EXHIBIT
980162
RESOLUTION, USR-1171
Douglas Born
Page 2
The proposed use is allowed in the agricultural zone district as a Use By Special Review.
Conditions of approval and development standards ensure that the proposal is consistent with
the intent of the agricultural zone district.
c.. Section 24.3.1.3—The proposal is consistent with Section 24.3.1.3 of the Weld County Zoning
Ordinance, as amended and will be compatible with the existing surrounding land uses.
Surrounding land uses include residential uses and vacant agricultural land. Properties to the
north, south and east of the site are vacant, however the Town of Windsor has designated
these sites as Low-Density Residential in their revised Comprehensive Plan. If conditions of
approval and development standards are met to address screening of the use, impacts to
surrounding land uses should be minimal. There is one residence constructed adjacent to the
west of this site which appears to have been built on a slight hill. Due to the nature of the
house, being constructed higher than surrounding properties, the proposed use may have
more impact upon this residence than other 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,properties located to the north, south and east of this site are
within the Town of Windsor and are zoned PDR (allowing low-density residential uses). The
Town of Windsor has reviewed this proposal and is recommending denial of the request.The
town's comments are inclosed in this packet. The Department of Planning Services believes
that development standards and conditions of approval will help to ensure compatibility with
future development in the area.
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 site in which this use is proposed is not considered to be prime
agricultural land. The site is approximately 1 '/ acres in size and is part of a Recorded
Exemption. Standard 24.3.1.6 which states that the applicant has demonstrated a diligent
effort to conserve productive agricultural land is not applicable to this request.
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 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 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. (Planning)
380162
RESOLUTION, USR-1171
Douglas Born
Page 3
2. Prior to recording the plat:
a. The applicant shall submit to the Department of Planning Services, for review and approval,
a detailed landscaping/screening plan to address all existing and proposed screening on the
site including the type of fencing material used, height of fencing and species and height of
all trees on the site. The use of evergreen trees should be included into landscaping and
screening methods along the western boundary of the property to attempt to mitigate
concerns from the adjacent property owner. The landscaping/screening plan shall include a
maintenance plan for all living material to be utilized in the screening efforts. (Planning)
b. The applicant shall submit to the Department of Planning Services a contract to install a fire
hydrant on the property adjacent to the right-of-way on Weld County Road 76. The hydrant
shall be installed to Windsor-Severance Fire Protection District specifications and
requirements. (Fire District)
c. 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. (Planning)
Motion seconded by Christie Nicklas.
VOTE:
For Passage Against Passage
Rusty Tucker Stephan Mokray
Christie Nicklas
Marie Koolstra
Fred Walker
Arlan Marrs
Jack Epple
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.
CERTIFICATION OF COPY
I, Wendi Inloes, 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 November 18, 1997.
Dated the 18th of N vember, 1997.
(/(211-6
Wendi Inloes
Secretary
380162
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Douglas Born, USR-1171
1. The Site Specific Development Plan and Special Use Permit is for a vehicle sales business (selling
antique car parts) located 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. (Planning)
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County
Zoning Ordinance, as amended. (Planning)
3. The Special Review Permit shall not be transferable to any successors in interest to the described
property and shall terminate automatically upon conveyance or lease of the property to others for
operation of the facility. (Planning)
4. All vehicles and vehicle parts associated with the use shall be totally enclosed within a building or
structure or visually screened from all adjacent properties and public rights-of-way. (Planning)
5. All work performed on vehicles associated with the use shall be performed within the screened areas
of the site. (Planning)
6. All work performed on vehicles associated with the use shall be performed between the hours of 8
a.m.through 8:00 p.m. only. (Planning)
7. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination. (Health Dept.)
8. No permanent disposal of wastes shall be permitted at this site. (Health Dept.)
9. Waste materials shall be handled,stored,and disposed in a manner that controls fugitive dust, blowing
debris, and other potential nuisance conditions. (Health Dept.)
10. Fugitive dust shall be controlled on this site. (Health Dept.)
11. 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. (Health Dept.)
12. Adequate toilet facilities shall be provided for customers in the existing residence. (Health Dept.)
13. All potentially hazardous chemicals and used oil must be stored, recycled and handled in a safe
manner. Reference 25-8-205.5 Colorado Water Quality Control Act and Rules and Regulations
thereof. (Health Dept.)
14. All access lanes shall be kept open throughout the facility for circulation on the site. (Public Works)
15. The designated access points to the site from Weld County Road 76 shall be utilized for loading and
parking areas. No open accesses will be allowed to Weld County Road 76. (Public Works)
16. No staging or parking will be allowed along Weld County Road 76. (Public Works)
980162
DEVELOPMENT STANDARDS, USR-1171
Douglas Born
Page 2
17. 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. (Planning)
18. 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. (Planning)
19. 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. (Planning)
20. 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.
(Planning)
21. 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. (Planning)
980162
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