HomeMy WebLinkAbout971180.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Marie Koolstra 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-1146 -
APPLICANT: Laurel Johnson
ADDRESS: 9695 Eastman Park Drive ' •'�
Windsor, Colorado 80550
PLANNER: Kerr' Keithley ;�>J
and Special Review Pe
rmit for a Commercial Use
REQUEST: A Sitec Specific Development ment Plan a P
(concrete cutting business with five employees and storage for trucks and trailers) located in
the A(Agricultural) Zone District.
LEGAL DESCRIPTION: SE-622 located in part of the SE4 of Section 22, T6N, R67W of the 6th P.M.,Weld
County, Colorado.
LOCATION: North of and adjacent to Weld County Road 66 (Eastman Park Drive); east of State Highway
257.
SIZE OF PARCEL: 7.63 acres
PARCEL NUMBER: 0807 22 000067
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, as
amended. 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 locating
adjacent to the Town limits of Windsor and is consistent with A.Goal 3 of the Comprehensive
Plan which discourages commercial development which is not located adjacent to existing
incorporated municipalities. This goal helps insure 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 they do 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 24,3.1.2 -- 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.
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RESOLUTION, USR-1146
Laurel Johnson
Page 2
C. Section 24.3.1.3—The proposal is consistent with Section 24.3.1.3 of the Weld County Zoning
Ordinance, as amended 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 SH 257. The
surrounding area is in transition, being converted from agricultural to more urban land uses.
D. Section 24.3.1.4 -- The proposed uses will be compatible with future development of the
surrounding area as permitted by the A (Agricultural) zone districts 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 they believe the proposal affects
Windsor more than Greeley.
E. Section 24.3.1.5-- 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.
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 to be prime if irrigated by the Soil
Conservation District. 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.
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 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. 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.
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RESOLUTION, USR-1146
Laurel Johnson
Page 3
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.
Motioned seconded by Glenn Vaad.
VOTE:
For Passage Against Passage
Glenn Vaad
Cristie Nicklas
Marie Koolstra
Jack Epple
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 May 6, 1997.
Dated the 6th of May, 1997.
Tammie Pope
Secretary
971180
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Laurel Johnson, USR-1146
1. The Site Specific Development Plan and Special Use 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 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. The maximum permissible noise level shall not exceed the commercial limit of 60 db(A), as measured
according to 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, 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.
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.
971180
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