HomeMy WebLinkAbout991796.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Stephan Mokray 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-1230 r,
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APPLICANT: John Eichhorn
ADDRESS: 38568 WCR 13 Ft. Collins, CO 80524
PLANNER: Eric A. Jerman
REQUEST: A Site Specific Development Plan and a Special Review Permit for a Agricultural S tq'ice" '
Establishment to sell light industrial and farm machinery, and an apartment for
employees.
LEGAL DESCRIPTION: Pt. NW4 Section 19, Township 7 North, Range 67 West of the the P.M.,
Weld County, Colorado.
LOCATION: East of and adjacent to WCR 13 and approximately Y mile South of WCR 80
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 amended, as follows:
a. Section 24.3.1.1 --This proposal is consistent with the Weld County Comprehensive Plan.
The proposal is for a USR to allow commercial equipment sales of light industrial skidsters,
tractors and crawlers for farm, forestry, and landscape use. The applicant expects to have
up to five (5) people use this site per week. The applicant is also requesting to have an
apartment located in the existing garage for security of the business inventory to be lived in
by an employee of the business. A.Goal 2 reads, "Allow commercial and industrial uses
which are directly related to or dependent upon agriculture to locate within Agricultural zoning
when the impact to surrounding properties is minimal, and where adequate services and
infrastructure are available." Mechanized earth moving equipment is essential to the
operation of farms. A.Goal 1 states," Preserve prime farmland for agricultural purposes
which foster the economic health and continuance of agriculture." This proposal will not
remove any prime farmland from production.
b. Section 24.3.1.2 --That the proposal is consistent with the intent of the district in which the
USE is located. Farm equipment sales, repair and installation facilities are considered a Use
by Special Review in the Agricultural District.
c. Section 24.3.1.3 --That the USES which would be permitted will be compatible with the
existing surrounding land USES. The surrounding properties are zoned for agricultural uses.
The USR site is screened from surrounding properties and is not clearly visible from WCR
13.
d. Section 24.3.1.4 --That the USES which would be permitted will be compatible with future
EXHIBIT
991796
a30
RESOLUTION, USR-1230
John Eichhorn
Page 2
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by the COMPREHENSIVE PLAN or MASTER PLANS of affected
municipalities. In a referral response dated April 16, 1999, the Town of Windsor approved
of the application and stated that it"appears to be consistent and compatible with Windsor's
Land Use Plan."
e. Section 24.3.1.5 --That the application complies with the Weld County Zoning Ordinance,
Section 50, Overlay District Regulations if the proposal is located within the Overlay District
Areas identified by maps officially adopted by Weld County. -The site is not located within
an Overlay District.
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 site is currently being farmed as
pasture land for cattle, however, this proposal will not remove any farmland from production.
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 the health, safety and welfare of the inhabitants of
the NEIGHBORHOOD and the 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 30 days of approval by the Board of County Commissioners. (Dept. of Planning)
2. Prior to recording the plat:
A. Evidence shall be given to the Department of Planning Services that the following
conditions of the Health Department have been satisfied: The existing septic system
that serves the apartment, office, and shop (#SP-9700140) shall be reviewed by a
Colorado Registered Professional Engineer. The review shall consist of observation
of the system and an evaluation of the systems ability to handle the proposed
hydraulic load. The review shall be submitted to the E.H. Division of the W.C. Health
Department. In the event the system is inadequately sized or constructed, the
system shall be brought into compliance with current regulations. (Health
Department)
B. The applicant shall submit evidence to the Department of Planning Servicesthat the
occupants of the apartment are or will be principally employed at or engaged in the
operation on the subject property. The evidence shall consist of tax records,
employment agreements or other documentation as determined suitable by the
Department of Planning Services. (Planning Dept.)
(7( i 77w'
RESOLUTION, USR-1230
John Eichhorn
Page 3
C. The applicant shall submit evidence to the Department of Planning Services
that all the conditions of the Poudre Valley Fire Protection District have been
satisfied.
3. 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. (Planning)
Motion seconded by Bruce Fitzgerald.
VOTE:
For Passage
Cristie Nicklas
Stephan Mokray
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 May 18, 1999.
Dated the 18th of May, 1999.
op a
Jennifer ehring
Secretary
96i -79(C
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
John Eichhorn
USR-1230
1. The Site Specific Development Plan and Special Use Permit is for an agricultural service
establishment to sell light industrial and farm machinery, and an apartment for employees 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. (Planning)
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County
Zoning Ordinance, as amended. (Planning)
3. No permanent disposal of wastes shall be permitted at this site. (Health Department)
4. Fugitive dust shall be controlled on this site. (Health Department)
5. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination. (Health Department)
6. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. (Health Department)
7. Adequate toilet facilities shall be provided for the public. (Health Department)
8. The facility shall utilize the existing public water supply (North Weld Water District). (Health
Department)
9. The maximum permissible noise level shall not exceed the residential limit of 60 dB(A), as measured
according to 25-12-102, Colorado Revised Statutes. (Health Department)
10. At such time that the USR for equipment sales should cease, the apartment, which is
accessory to the Special Review Permit, must be removed from the property or abandoned
as a living quarters. Evidence shall be submitted to the Department of Planning Services
that the kitchen facilities have been removed or that the appropriate zoning and building
permits have been applied for and approved for the appropriate use.
11. Occupants of the apartment must be principally employed at or engaged in the operation
on the subject property. (Planning Dept.)
12. All construction on the property shall be in accordance with the Weld County Building Code
Ordinance. (Planning)
13. 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)
14. 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)
15. Personnel from the Weld County Health Department and Weld County Planning Department 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. (Planning)
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DEVELOPMENT STANDARDS,
USR-1230
Page 2
16. 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 fled in the office of the Department of Planning
Services. (Planning)
17. 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)
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