HomeMy WebLinkAbout991256.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
#1223 FOR A HOME BUSINESS (CONSTRUCTION BUSINESS) IN THE
A(AGRICULTURAL)ZONE DISTRICT - BART AND GERI FISCHER
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 26th day
of May, 1999, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Bart and Geri Fischer, 7460 Weld County Road 1, Longmont,
Colorado 80504, for a Site Specific Development Plan and Special Review Permit#1223 for a
Home Business (construction business) in the A (Agricultural) Zone District on the following
described real estate, to-wit:
Lot B of Recorded Exemption #1754, being part of
the NW%SW% of Section 30, Township 2 North,
Range 68 West of the 6th P.M., Weld County,
Colorado
WHEREAS, 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. A.Goal 2 allows for commercial and industrial uses
to locate in the A (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 the Left Hand Water
District and sewage disposal is permitted by three separate septic
systems. The property has previously been used by Meadowlark Optics
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SPECIAL REVIEW PERMIT#1223 - BART AND GERI FISCHER
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under Use by Special Review Permit#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 24.4.2.2 -- 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 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 property with approximately 45 employees. The proposed use will be
less intensive and will remain compatible with surrounding land uses.
d. Section 24.4.2.4 -- The proposed use will be compatible with the 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, it 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 24.4.2.5 --The proposal is not located within the Overlay District
Areas identified by maps officially adopted by Weld County.
f. Section 24.4.2.6 -- 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 24.4.2.7 -- 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.
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SPECIAL REVIEW PERMIT#1223 - BART AND GERI FISCHER
PAGE 3
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Bart and Geri Fischer for a Site Specific
Development Plan and Special Review Permit#1223 for a Home Business (construction
business) 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 30
days of approval by the Board of County Commissioners.
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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 Use by Special Review
Permit#797.
B. The applicant shall submit a Screening Plan for the outdoor storage area
to the Department of Planning Services, for review and approval.
C. The applicant shall correct the concerns associated with the existing
residential access onto Weld County Road 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.
D. The plat shall be amended to delineate the following:
1) Reservation of an additional 20-foot right-of-way for a total of 100
feet of right-of-way for future expansion of Weld County Road 1.
2) Approved Screening Plan for outdoor storage area.
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.
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.
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SPECIAL REVIEW PERMIT#1223 - BART AND GERI FISCHER
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 26th day of May, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
WEL UNTY C D Il
ATTEST:
ale HallHallChair
Weld County Clerk to thcf
a Barba J. Kirkker, Pro-Tem
BY: ,%/L G •.N�: ,i�,,�
Deputy Clerk to the Booms
��►� Geor e E axter
RO AS TO FORM:
M. J. ei
C• • ty Attorney JAL Oa 4A
Glenn Vaad
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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 District, as indicated in the
application materials on file and subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld
County Zoning Ordinance.
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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.
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.
5. All proposed or existing structures will meet the minimum setback and offset requirements
for the A (Agricultural) Zone District.
6. 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 disposal in a manner that
protects against surface and groundwater contamination.
7. No permanent disposal of wastes shall be permitted at this site.
8. Waste materials shall be handled,stored,and disposed of in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
9. The maximum permissible noise level shall not exceed the residential limit of 55 db(A) as
measured according to Section 25-12-102, C.R.S.
10. The facility shall utilize the existing septic systems on site.
11. Adequate toilet facilities shall be provided for the public and employees.
12. The facility shall utilize the existing public water supply (Left Hand Water District).
13. The existing and any proposed structures shall meet all building and fire codes.
14. The trash receptacle must be screened from all adjacent properties and public
rights-of-way.
15. Any proposed signage shall require appropriate building permits and be constructed in
accordance with Section 42.2 of the Weld County Zoning Ordinance.
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DEVELOPMENT STANDARDS - BART AND GERI FISCHER (USR#1223)
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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.
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.
18. 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.
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 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.
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.
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991256
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