HomeMy WebLinkAbout971147.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW
PERMIT #1146 FOR A COMMERCIAL USE (CONCRETE CUTTING BUSINESS WITH
FIVE EMPLOYEES AND STORAGE FOR TRUCKS AND TRAILERS) LOCATED IN
THE A (AGRICULTURAL) ZONE DISTRICT - LAUREL JOHNSON
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 18th day
of June, 1997, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Laurel Johnson, 9695 Eastman Park Drive, Windsor, Colorado
80550, for a Site Specific Development Plan and Special Review Permit #1146 for a
commercial use (concrete cutting business with five employees and storage for trucks and
trailers) located in the A (Agricultural) Zone District on the following described real estate, to -wit:
SE #622 located in part of the SE1/4 of Section 22, Township 6
North, Range 67 West of the 6th P.M., Weld County, Colorado
WHEREAS, Laurel Johnson, 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 site for the proposal is not irrigated and is not
being utilized for agricultural production. The proposed commercial use
of the concrete cutting business is located adjacent to the town limits of
Windsor and is consistent with A.Goal 3 of the Comprehensive Plan
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SPECIAL REVIEW PERMIT #1146 - JOHNSON
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which discourages commercial development which is not located
adjacent to existing incorporated municipalities. This goal helps ensure
that the conversion of agricultural land to commercial and industrial
activities occurs in an orderly manner, in harmony with the growth plans
of the adjacent municipality. The Town of Windsor has indicated that it
does not have a conflict with the proposed use and that annexation of the
site into the Town is possible in the near future.
B. Section 24.4.2.2 -- This proposal is consistent with the intent of the
A (Agricultural) Zone District. The Agricultural Zone District provides
areas for the conduct of Uses By Special Review which have been
determined to be more intense or to have a potentially greater impact
than Uses Allowed By Right. This proposal is provided for by approval of
a Use By Special Review Permit.
C. Section 24.4.2.3 -- The proposal is consistent with Section 24.4.2.3 of the
Weld County Zoning Ordinance and will be compatible with future
development of the surrounding area. As stated above, the proposal is
located north of and adjacent to the town limits of Windsor. Surrounding
land uses include Kodak directly to the south, which is zoned Industrial
(1-3), and scattered commercial uses at the corner of Eastman Park Drive
and State Highway 257. The surrounding area is in transition, being
converted from agricultural to more urban land uses.
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 site
is located within the Urban Growth Boundary of the Town of Windsor and
within the referral boundary area of the City of Greeley. The Town of
Windsor has indicated possible annexation of the site, as Windsor
continues to grow, and encourages commercial and industrial activities to
take place in the site's general area, near and around Kodak. The City of
Greeley has indicated no conflict, as it believes the proposal affects
Windsor more than Greeley.
Section 24.4.2.5 -- The proposal is located within the Flood Hazard
Overlay District Area identified by FEMA map 080266 0605D, officially
adopted by Weld County. Any new construction or substantial
improvement of structures, in accordance with Section 53.7.1.3 of the
Weld County Zoning Ordinance, shall obtain a Flood Hazard
Development Permit.
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SPECIAL REVIEW PERMIT #1146 - JOHNSON
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F. Section 24.3.1.6 -- The applicant has demonstrated a diligent effort to
conserve productive agricultural land. The soils on the site are
considered by the Soil Conservation District to be prime if irrigated. The
7.63 -acre site is not irrigated or used for agricultural production. The
applicant has indicated that a portion of the site will be used for pasture
land for horses.
Section 24.3.1.7 --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 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 Laurel Johnson, 9695 Eastman Park Drive,
Windsor, Colorado 80550, for a Site Specific Development Plan and Special Review
Permit #1146 for a commercial use (concrete cutting business with five employees and storage
for trucks and trailers) located 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 15
days of approval by the Board of County Commissioners.
2. Any new construction or substantial improvement of structures, in accordance
with Section 53.7.1.3 of the Weld County Zoning Ordinance, shall obtain a Flood
Hazard Development Permit.
3. Prior to recording the plat:
A. The applicant shall designate an area on the parcel for a replacement
septic system. This area shall be reviewed and approved by the Weld
County Health Department. After approval, the area shall be clearly
delineated on the plat.
4. 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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of June, A.D., 1997.
ATTEST:
Weld Cou
BY.
Deputy Cle
APP
Dale K. Hall
BOARD OF COUNTY COMMISSIONERS
WELD OUNTY, COL2RADO
Baxter, Chair
W. H. Webster
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LAUREL JOHNSON
USR #1146
1. The Site Specific Development Plan and Special Review Permit is for a commercial use
(concrete cutting business with 5 employees and storage for trucks and trailers) 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, 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. The maximum permissible noise level shall not exceed the commercial limit of 60 dBA,
as measured according to Section 25-12-102, Colorado Revised Statutes.
7. Any septic system within the 100 -year flood plain shall comply with the Weld County
Individual Disposal System Regulations Flood Plain Policy.
8. The site shall comply with all regulations of the Flood Hazard Overlay District.
9. Restrooms in the house shall be available to employees on the site.
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 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 herein and all applicable Weld County regulations.
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DEVELOPMENT STANDARDS - JOHNSON (USR #1146)
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13. The Special Review area shall be limited to the plans shown herein 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.
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.
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