HomeMy WebLinkAbout970868.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Glenn Vaad that the following resolution 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-1141
APPLICANT: Steven M. & Pamela J. Rowen
ADDRESS: 5799 Weld County Road 5
Erie, CO 80516
PLANNER: Shani L. Eastin
REQUEST: A Site Specific Development Plan and Special Review Permit for a tree farm and home
business (mold making) in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: Part of the NE4 of Section 5, Ti N, R68W of the 6th P.M., Weld County, Colorado.
LOCATION: West of and adjacent to Weld County Road 5; approximately % mile south of State Highway
52.
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.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Sections
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
which 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.
b. Section 24.3.1.2 -- This proposal is consistent with the intent of the A (Agricultural) Zone
District in that no prime productive farm ground is being taken out of production.
c. Section 24.3.1.3 — The proposal will be compatible with the existing surrounding land uses
which are small residential acreage to the south and large agricultural acreage to the north,
east and west.
d. Section 24.3.1.4 — The proposed use 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 and Boulder County both reviewed this application and have
no conflict of interest. The Tri-Area Planning Department reviewed the request and expressed
concerns with the definition of a home business in this location. Tri-Area believed that the
proposed use does not meet the true intent of a home business, however under the Zoning
Ordinance a home business is described as an incidental use to the principal permitted use
for gainful employment of the family residing on the property.
970868
RESOLUTION, USR-1141
Steven M. & Pamela J.
Page 2
e. Section 243.1.5 — The proposal is not located within the Overlay District Areas identified by
maps officially adopted by Weld County.
f. Section 24.3.1.6 — The applicant has demonstrated a diligent effort to conserve productive
agricultural land. The applicant is proposing to operate a tree farm on the agricultural portion
of this site which is a use allowed by right in the Agricultural Zone District. The home business
location is proposed to occur in an existing outbuilding on the property.
g
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.
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 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. Prior to recording the plat:
A. The applicant shall submit a waste handling plan to the Environmental Protection Services
Division of the Weld County Health Department. A copy of the plan of an approved plan shall
be submitted to the Department of Planning Services. The plan shall include at a minimum,
the following:
1. A list of waste which are expected to be generated on site (this should include
expected volumes and types of waste generated).
2. A list of the type and volume of chemicals expected to be stored on site.
3. The waste handler and facility where the waste will be disposed (including the facility
name, address, and phone number).
B. The Environmental Protection Services of the Weld County Health Department was unable
to locate a septic permit for the septic system serving the existing home on the property. The
applicant shall submit evidence to the Department of Planning Services that the existing septic
system is currently permitted with the Weld County Health Department. Any existing septic
system(s) which is not currently permitted through the Weld County Health Department will
require an I.S.D.S. Evaluation prior to the issuance of the required septic permit(s). In the
event the system(s) is found to be inadequate, the system(s) must be brought into compliance
with current Individual Sewage Disposal System regulations.
970868
RESOLUTION, USR-1141
Steven M. & Pamela J.
Page 3
C. The applicant shall attempt to comply with the requirements stated in a referral letter from
Mountain View Fire Protection District, dated February 20, 1997. Information shall be
submitted to the Department of Planning Services regarding the attempt to meet these
requirements.
Motion seconded by Cristie Nicklas.
VOTE:
For Passage Against Passage
Glenn Vaad
Cristie Nicklas
Fred Walker
Marie Koolstra
Jack Epple
Rusty Tucker
Shirley Camenisch
Arlan Marrs
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, Tammie Pope, 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 March 18, 1997.
Dated the 18th of March, 1997.
Tammie Pope
Secretary
97UBs<5
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Steven M. & Pamela J. Rowen
USR-1141
1. The Site Specific Development Plan and Special Use Permit is for a Tree Farm and Home Business
(Mold Making) in the A (Agricultural) zone district, as indicated in the application materials on file in
the Department of Planning Services 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, 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. Fugitive dust shall be controlled on this site.
7. The maximum permissible noise level shall not exceed the commercial limit of 60 db(A), residential
limit of 55db(A) as measured according to 25-12-102, Colorado Revised Statutes.
8. All pesticides, fertilizers, and other potentially hazardous chemicals must be stored on an impervious
surface, in an enclosed structure, provided the manufactures recommendations for safe storage and
handling are in accord. In any event, the manufacture recommendations will take precedence.
9. The septic system for the accessory structure has been designed for five (5) employees. In the event
the number of employees at the site exceeds five (5), the applicant shall enlarge the system in
accordance with the Weld County I.S.D.S. regulations.
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, as amended.
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, as amended.
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 hereon and all
applicable Weld County regulations.
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. 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.
970868
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