HomeMy WebLinkAbout991404.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
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RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Fred Walker that the following resolution, with the amended Condition of Approval 2.D.1, 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-1223
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Applicant: Bart and Geri Fischer
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-Address: 7460 WCR 1 -I t> r
Longmont, CO 80504 ic °ho n
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Planner: Julie A. Chester c x7.7 XI Cc
Request: A Site Specific Development Plan and a Special Review Permit for 1fome esin —C
(Construction Business), in the A(Agricultural)Zone
Legal Description: Lot B of Recorded Exemption 1754, being part of the NW4/SW4 of Section 30, T2N,
R68W of the 6th P.M., Weld County, Colorado
Location: South of and adjacent to WCR 16'14 and East of and adjacent to WCR 1
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 follows:
a. Section 24.3.1.1 --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 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.
Water is provided by Left Hand Water District and the sewage disposal is permitted by three
separate septic systems. The property has previously been used by Meadowlark Optics
under USR-797 for an office and manufacturing facility. The current application is a less
intensive use and a portion of the property will still be used for agricultural purposes.
b. Section 24.3.1.2 -- 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
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 future
development of the surrounding area. The surrounding area consists of several residences
and agricultural uses, mainly pasture lands. This application is for a construction business
with two employees and a minimal amount of equipment, which will be stored within a
screened area. The previous owner had a large scale manufacturing business on the
T property with approximately 45 employees. The proposed use will be less intensive and will
remain compatible with surrounding land uses.
991404
T RESOLUTION, USR-1223
Bart&Geri Fischer
Page 2
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 district and with the future
development as projected by the Comprehensive Plan or Master Plan of affected
municipalities. This proposal lies within the referral area of the Towns of Erie and Frederick
and the City of Longmont, however does not lie within an Urban Growth Boundary of any
municipality. Referrals were received from all three communities which indicated no conflicts
with their interests.
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 -- That if the use is proposed to be located in the A-District, that the
applicant has demonstrated a diligent effort has been made to conserve prime agricultural
land in the locational decision for the proposed use. The proposal lies within an area that is
designated prime farmground on the U.S.D.A. Soils map, however, as stated above, the
property has had a Use by Special Review permit previously for an industrial-type use. The
applicant has indicated that they will continue to use a large portion of the parcel for pasture
land.
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 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 30 days of approval by the Board of County Commissioners.
2. Prior to recording the plat:
A. The applicant shall submit a letter to the Weld County Department of Planning Services
requesting the vacation of USR-797. (Dept. of Planning)
B. The applicant shall submit a screening plan,for the outdoor storage area, to the Department
of Planning Services, for review and approval. (Dept. of Planning)
C. The applicant shall correct the concerns associated with the existing residential access onto
WCR 1, as suggested in a referral response from the Weld County Public Works
Department, dated March 29, 1999 and submit evidence of Public Works Department
approval to the Department of Planning Services. (Public Works)
D. The plat shall be amended to delineate the following:
1) Reservation of an additional 20 foot of right-of-way for a total of100 foot of right-of-
ITN Bart
USR-1223
Bart&Geri Fischer
Page 3
way for future expansion of WCR 1. (Public Works)
2) Approved screening plan for outdoor storage area. (Dept. of Planning)
E. The applicant shall submit evidence of attempts to address any concerns of the Mountain
View Fire District, to the Weld County Department of Planning Services. (Dept. of Planning
Services)
F. 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. (Dept. Of Planning Services)
Motion seconded by Michael Miller.
VOTE:
For Passage Against Passage
Arlan Marrs
Fred Walker
Stephan Mokray
Jack Epple
Bruce Fitzgerald
Michael Miller
Bryant Gimlin
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Jennifer Mehring, 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 April 6, 1999.
Dated the 6th of April, 1999.
idalilgi/atilt
Jennifer Vehring
Secretary
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T SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Bart and Geri Fischer
USR-1223
1. The Site Specific Development Plan and Special Use Permit for a Home Business, specifically a
Construction Business, in the A(Agricultural) Zone, as indicated in the application materials on file
in the Department of Planning Services and subject to the Development Standards stated hereon.
(Planning Dept.)
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County
Zoning Ordinance, as amended. (Planning Dept.)
3. The hours of operation are from 7:00 a.m. to 5:00 p.m., Monday through Friday, as indicated in the
application materials. (Planning Dept.)
4. The facility will consist of existing structures and a screened outdoor storage area. The existing
loafing barn will be replaced with an enclosed barn for outdoor storage items, in the future, as
proposed in the application materials. All appropriate permits must be obtained prior to construction.
(Planning Dept.)
5. All proposed or existing structures will or do meet the minimum setback and offset requirements for
the Agricultural zone district. (Planning Dept.)
6. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-
101, C.R.S., as amended)shall be stored and removed for the final disposal in a manner that protects
T against surface and groundwater contamination. (Health Dept.)
7. No permanent disposal of wastes shall be permitted at this site.(Health Dept.)
8. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions. (Health Dept.)
9. The maximum permissible noise level shall not exceed the residential limit of 55 db(A) as
measured according to 25-12-102, Colorado Revised Statutes. (Health Dept.)
10. The facility shall utilize the existing septic systems on site. (Health Dept.)
11. Adequate toilet facilities shall be provided for the public and employees. (Health Dept.)
12. The facility shall utilize the existing public water supply (Left Hand Water District). (Health
Dept.)
13. The existing, and any proposed, structures shall meet all building and fire codes. (Mountain View Fire
District, Planning Dept.)
14. The trash receptacle must be screened from all adjacent properties and public rights-of- way.
(Planning Dept.)
15. Any proposed signage shall require appropriate building permits and be constructed in accordance
with Section 42.2 of the Weld County Zoning Ordinance. (Planning Dept.)
16. 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 Dept.)
T 17. 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 Dept.)
18. 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 Dept.)
19. 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 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 Dept.)
20. 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 Dept.)
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