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HomeMy WebLinkAbout952584.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Curt Moore that the following resolution, with the deletion of Condition of Approval #6, and Development Standards #10 and #11, and subsequent renumbering, 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-1097 NAME: Larry L. & Mary Jean Mueller ADDRESS: 1309 E. 16th Street Greeley, CO 80631 -1 y+. REQUEST: A Site Specific Development Plan and Special Use Permit for an art gallery in the A (Agricufr ral) zone district. LEGAL DESCRIPTION: Lot 8, Union Colony, located in the NE/4, NE/4 of Section 9, T5N, R65W of the 6th P.M., Weld County, Colorado. LOCATION: 1320' north of 16th Street; approximately 1/2 mile east of Birch Ave. be recommendation 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. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: This proposal is consistent with the Weld County Comprehensive Plan. The Comprehensive Plan encourages that such uses be located within the agricultural zone district and is provided for as a Use by Special Review. The proposed use will be compatible with future development of the surrounding area and with future development. The site lies within the airport overlay district and the issue is addressed within the development standards. The Airport Authority has no concerns with this proposal. The conditions of approval and development standards will ensure adequate provision for the protection of the 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 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. 852tE4 RESOLUTION, USR-1097 Larry and Mary Mueller Page 2 2. 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. 3. The sign that is to be located within the access easement shall be a maximum of sixteen (16) square feet and shall be located at proper setback from 16th Street to allow for good site distance for the traffic entering the County road. 4. The applicant shall maintain the weed height on both sides of the easement accessing the art gallery. 5. Adequate toilet facilities shall be provided for the public. 6. Prior to recording the plat: The existing septic system shall be permitted or the applicant provide a copy of the existing permit to the Department of Planning Services. The system must be reviewed by a Colorado Registered Professional Engineer and a copy of that review submitted to the Weld County Health Department. Motion seconded by Arlan Marrs. VOTE: For Passage Against Passage Ron Sommer Curt Moore Ann Garrison Marie Koolstra Zachary Allely Arlan Marrs Shirley Camenisch Richard Kimmel 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, Sharyn Frazer, 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 October 3, 1995. Dated the 3rd of October, 1995. aryn Fra Secretary 952584 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Larry L. & Mary Jean Mueller USR-1097 1. The Site Specific Development Plan and Special Review permit is for an art gallery located in the A (Agricultural) zone district as indicated in the application materials. 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 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. The maximum permissible noise level shall not exceed the commercial limit of 55 db(A), as measured according to 25-12-102, Colorado Revised Statutes. 6. Adequate toilet facilities shall be provided for the public. 7. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 8. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 9. The property shall maintain compliance with the Airport Overlay District. 10. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 11. 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. 12. 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 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. 13. 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. 952584 Hello