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HomeMy WebLinkAbout960650.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Zachary Allely 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-1107 i NAME: Hubert L. & Margaret O. Collins -; _ n m ADDRESS: 23574 Weld County Road 13, Johnstown, CO 80534 REQUEST: Site Specific Development Plan & Use by Special Review permit for wholesale usedVehicte—e sales in the A(Agricultural)zone district na LEGAL DESCRIPTION: Part of the NW4 of Section 6, T4N, T67W of the 6th P.M., Weld County, CO LOCATION: East of and adjacent to Weld County Road 13 and south of Weld County Road 50 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 Section 24.3 of the Weld County Zoning Ordinance as follows: a. The proposal is consistent with the Weld County Comprehensive Plan, as amended, and is provided for as a Use by Special Review. The site is located within the Urban Growth Boundary of the Town of Johnstown. Johnstown has reviewed the request and finds no conflicts with its interests. b. The proposal complies with the Agricultural goals and policies of the Comprehensive Plan, as amended, because no prime agricultural ground will be taken out of production. c. The uses which would be permitted will be compatible with the existing surrounding land uses which include agricultural production, oil and gas structures, a residence and feedlot. d. No overlay districts affect this site. e. Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare 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 30 days of approval by the Board of County Commissioners. 960650 RESOLUTION, USR-1107 Hubert& Margaret Collins Page two 2. No additional building or electrical permits shall 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. Prior to recording the plat: a. the width of the two existing gravel drives which access Weld County Road 13 shall be increased to 24 feet, in accordance with Weld County Public Works Department requirements. The 24-foot width shall be identified on the plat. b. the applicants shall submit a waste handling plan to the Department of Planning Services for review and approval by the Environmental Protection Services Division of the Weld County Health Department. The plan shall include the following: i) A list of wastes (i.e. used oil and other fluids, etc.) which are expected to be generated on site, including expected volumes and types of wastes generated. ii) A list of the types and volume of chemicals expected to be stored on site. iii) The waste handler facility where the waste will be disposed, including the facility name, address and phone number. 4. Prior to scheduling a meeting with the Board of County Commissioners, the applicants shall submit a screening plan for review and approval by the Department of Planning Services. The plan shall include types, sizes and spacing of trees and shrubs proposed to screen the service and storage areas. Motion seconded by Arlan Marrs. VOTE: For Passage Against Passage Zachary Allely Marie Koolstra Jack Epple 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, Jill Boshinski, 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 5, 1995. Dated the 5th of March, 1996.. g:12Q_ Jill Boshinski Secretary 960650 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS USR-1107 Hubert L. & Margaret O. Collins 1. The Site Specific Development Plan and Special Review permit is for wholesale used vehicle sales (the preparation and repair of used vehicles for sale) in the A(Agricultural) zone district as submitted 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. 3. Retail vehicle sales shall not be permitted on the property. 4. The site shall not be used as a commercial junk yard. 5. The number of vehicles stored on the property shall not exceed 20. 6. The stored vehicles shall be kept in the screened storage area. 7. The applicants shall plant and maintain the screening materials in accordance with the approved screening plan. 8. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 9. No permanent disposal of wastes shall be permitted at this site. 10. Waste materials shall be handled, stored and disposed in a manner that controls fugitive dust, blowing debris and other potential nuisance conditions. 11. Fugitive dust shall be controlled on this site. 12. 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. 13. The applicants shall have an I.S.D.S. evaluation performed by a Colorado Registered Professional Engineer to determine if the septic system in their residence has been adequately designed for the additional load presented by this business use. If the applicants do not wish to provide the restroom facilities within the residence for business use, a restroom served by an individual sewage disposal system will be required within the shop building. The septic system shall be designed by a Colorado Registered Professional Engineer in accordance with Weld County I.S.D.S. regulations. 14. The 24-foot access easement located on the south boundary of the parcel and identified on the plat shall not be used for ingress and egress to the Special Review activity site. 15. All future construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 960650 DEVELOPMENT STANDARDS - USR-1107 Hubert and Margaret Collins Page two 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 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. 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. 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 and the Board of 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. 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. 960650 Hello