HomeMy WebLinkAbout991930.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
#1233 FOR A HOME BUSINESS IN THE A (AGRICULTURAL) ZONE DISTRICT -
DENNIS AND WENDY TIMMRECK AND JASON AND TIFFANI ANDRYSHAK
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute arid 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 21st 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 Dennis and Wendy Timmreck and Jason and Tiffani Andryshak, 646 State
Highway 52, Erie, Colorado 80516, for a Site Specific Development Plan and Special Review
Permit#1233 for a Home Business in the A (Agricultural) Zone District on the following
described real estate, to-wit:
Part of the SW% SE% of Section 31, Township 2
North, Range 68 West of the 6th P.M., Weld
County, Colorado
WHEREAS, at said hearing on July 21, 1999, the Board deemed it advisable 1:o continue
said matter to August 4, 1999, at 10:00 a.m., to allow Planning Services staff adequate time to
post a notification sign on the property, and
WHEREAS, at said hearing on August 4, 1999, the 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. A.Goal 2 allows for commercial and industrial uses
to locate in the Agricultural Zone District when the impact to surrounding
/� 991930
et: PL, /It, AWL PL1320
SPECIAL REVIEW PERMIT #1233 - TIMMRECK/ANDRYSHAK
PAGE 2
properties is minimal, and where adequate services and infrastructure are
available. The Development Standards, Conditions of Approval, and
Operations Standards will effectively mitigate any adverse impacts to
surrounding areas, and the property is currently being served by the Left
Hand Water District and an Individual Septic Disposal System. A.Goal 1
also encourages the preservation of prime farmland for agricultural
purposes. No prime farm ground will be taken out of production.
b. Section 24.4.2.2 -- This proposal is consistent with the intent of the
A (Agricultural) Zone District. Section 31.4.15 describes a Home
Business as a Use by Special Review in the A (Agricultural) Zone District.
c. Section 24.4.2.3 -- The proposal is consistent with Section 24.3.1.3 of the
Weld County Zoning Ordinance, and will be compatible with future
development of the surrounding area. The proposal is compatible with
surrounding land uses which include agricultural production in all
directions. The existing residence will be maintained in its current
condition and all storage on-site will occur within the existing and
proposed buildings.
d. Section 24.4.2.4 -- The proposed uses 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 Town
of Erie reviewed this proposal and determined that there were no conflicts
with its Comprehensive Plan.
e. Section 24.4.2.5 -- The proposal is not located within the Overlay District
areas identified by maps officially adopted by Weld County.
f. 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 Dennis and Wendy Timmreck and Jason and
Tiffani Andryshak for a Site Specific Development Plan and Special Review Permit#1233 for a
Home Business in the A (Agricultural) Zone District on the hereinabove described parcel of land
be, and hereby is, granted subject to the following conditions:
991930
PL1320
SPECIAL REVIEW PERMIT#1233 - TIMMRECK/ANDRYSHAK
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
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. 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.
B. The applicant shall submit Parking and Drainage Plans to the Department
of Planning Services for review and approval. The Parking Plan shall be
made in accordance with Section 41 of the Weld County Zoning
Ordinance, and shall identify an overflow parking area to the north and
west of the existing parking area. Upon approval by the Department of
Planning Services and the Public Works Department, the parking and
drainage facilities shall be delineated on the plat, as well as all
landscaped areas on the site.
C. As referenced in the referral response from the Colorado Department of
Transportation, one of the two access points to the site shall be removed.
The plat shall delineate only one access point to the site.
D. The applicant shall vacate the existing Special Use Permit #802 for the
site.
E. The applicant shall comply with all requirements of the Mountain View
Fire Protection District.
F. The plat shall delineate a total of seventy-five (75) feet of right-of-way for
State Highway 52.
3. Any proposed signage shall require appropriate building permits and be
constructed in accordance with Section 42.2 of the Weld County Zoning
Ordinance.
991930
PL1320
SPECIAL REVIEW PERMIT#1233 - TIMMRECK/ANDRYSHAK
PAGE 4
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 4th day of August, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
COUNTY C IMP DO
ATTEST: / ,� 461/4)��
`Dal K. Hall, Chair
Weld County Clerk to th-`°19gi y 4o
arbar J. Kirkmeyer, P o-Tem (9
Deputy Clerk to the Bo-Z IlV
♦ George E. axter
APPROVED A$ TO FORM:
y! diffaea
J eie
isq AttornE
991930
PL1320
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
TIMMRECK /ANDRYSHAK
USR #1233
1. The Site Specific Development Plan and Special Use Permit is for a Home Business in the
A (Agricultural) Zone District, as indicated in the application materials on file and subject
to the Development Standards stated herein.
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld
County Zoning Ordinance.
3. All liquid and solid wastes(as defined in the Solid Wastes Disposal Sites and Facilities Act,
Section 30-20-101, C.R.S.) shall be stored and removed for final deposit 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 deposited in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
6. 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.
7. An individual sewage disposal system is required for this facility and shall be installed
according to the Weld County Individual Sewage Disposal Regulations. The septic system
is required to be designed by a Colorado Registered Professional Engineer, according to
the Weld County I.S.D.S. Regulations. A permit must be obtained from the Weld County
Department of Public Health and Environment.
8. The facility shall utilize the existing public water supply (Left Hand Water District).
9. All outdoor storage associated with the approved use shall be screened from all road
rights-of-way and surrounding properties, in accordance with Section 24.5.1.10 of the Weld
County Zoning Ordinance.
10. The property owner or operator shall be responsible for complying with the Design
Standards of Section 24.5 of the Weld County Zoning Ordinance.
11. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance.
12. 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 hereon and all applicable Weld County regulations.
991930
PL1320
DEVELOPMENT STANDARDS - TIMMRECK !ANDRYSHAK (USR #1233)
PAGE 2
13. 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.
14. 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.
991930
PL1320
Hello