HomeMy WebLinkAbout20003125.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bryant Gimlin 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 J
PLANNER: Sheri Lockman f 1
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CASE NUMBER: USR-1283
APPLICANT: Janet L. Ream ` H
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ADDRESS: 412 N. 71 Ave, Greeley, CO 80634
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REQUEST: A Site Specific Development Plan and Special Review Permit for a Guest Farm (E<tended
Learning Facility) in the Agricultural Zone District.
LEGAL DESCRIPTION: Lot B of RE-346 Being part of the SE4 of Section 14, Townsh p i North,
Range 65 West of the 6th P.M., Weld County, Colorado.
LOCATION: North of and adjacent to State Highway 34 and west of and adjacent to Weld County Road
47 section line.
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. Section 24.3.1.1 -The proposal is consistent with the Weld County Comprehensive Pla 1.
W.Goal 1 states, "New developments should be located and designed to preserve critical
ecosystems components, including wetlands, significant wildlife habitats, and migration
corridors. Significant wildlife habitat is defined as a geographical area containing a
combination of the essential elements of food, water, cover, and space and in quart ties
sufficient to support a species."W.Policy 1.1 states,"Conflicts with fish and wildlife habitats
and migration routes shall be considered in land development. Developments adjacent:o
rivers and streams, waterfowl areas, and important or critical wildlife areas should
incorporate reduced densities, adequate setbacks and buffered areas as prescribed by the
Colorado Division of Wildlife". The Conditions of Approval ensure that the use will not
negatively impact wildlife in the area.
b. Section 24.3.1.2--The proposal is consistent with the intent of the Agricultural Zone District
in which the use is located. Section 31.4.3 of the Weld County Zoning Ordinance provides
for a guest farm as a Use by Special Review in the Agricultural Zone District.
c. Section 24.3.1.3 --That the uses which would be permitted will be compatible with the
existing surrounding land uses.To the north of the site lies the South Platte River aid to the
south State Highway 34 with adjacent farm ground and one residence.To the east and west
are irrigated farms with limited residential use. Various oil and gas structures exist on and
adjacent to the site.Conditions of approval and development standards will ensure that any
incompatibilities will be mitigated.
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2000-3125
RESOLUTION, USR-1283
Janet Ream
Page 2
d. Section 24.3.1.4 --That the uses which would be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by the Comprehensive Plan or Master Plan of affected
municipalities. The City of Evans and the Town of Kersey indicated the proposal did not
conflict with their interests. The City of Greeley voiced concerns regarding water for fire
flow, maximum occupancy and impact to ecologically significant areas.These issues have
been addressed through the attached Conditions of Approval and Development Standards.
e. Section 24.3.1.5 --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 lies within the Airport Overlay District. In a referral dated July 20, 2000, The
Greeley-Weld County Airport stated "The staff of the Greeley Weld County Airport has
concerns about the proposed land use. While we do not necessarily want to prevent this
site from becoming an extended learning facility, it is located inside the Airport Influence
Area". They also state "The facility is located directly under the final approach path and
departure corridor for the airports new primary runway, and may be impacted by airport
operations."
Part of the site lies within the 100 year flood plain. However, the area where buildings are
proposed lies outside of the flood plain.
f. Section 24.3.1.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use. The U.S.D.A. Soils Map
indicates that the soils on this property are designated as a mixture of"Prime", "Irrigated
Land (not prime)"and "Other" lands. The lot will continue to be used for agricultural
production.
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 completed plat shall be delivered to the Weld
County 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 Services)
2. Prior to the Board of County Commissioners Hearing:
A. Application materials indicate water service is to be provided by Central Weld County Water
District. Appropriate documentation shall be provided which indicates not only that taps are
available,but provide assurances that this connection will be made.The style of assurance
RESOLUTION, USR-1283
Janet Ream
Page 3
may take several forms, however pre-purchase of taps, line extension agreements, tap
service agreements, or another form of"participation agreement"will be acceptable. The
agreements shall be approved by the Weld County Attorney's Office. (Dept. of Planning
Services)
B. The applicant shall submit evidence that adequate fire flow exists for the site. (Dept. of
Planning Services)
C. The applicant shall contact the Colorado Division of Wildlife or the U.S. Fish and Wildlife
Service. A plan shall be submitted to the Weld County Department of Planning Services
that addresses any Colorado Division of Wildlife concerns regarding negative impacts to
wildlife.
D. The applicant shall either submit to the Weld County Department of Planning Services a
copy of an agreement with the Union Ditch Company stipulating that ditch activities have
adequately been incorporated into the design of the site or show evidence that an adequate
attempt has been made to mitigate the concerns of the ditch company.
3. Prior to recording the plat:
A. The applicant shall submit evidence that an access permit has been obtained authorizing
the increase in traffic. (Colorado Department of Transportation)
B. The plat shall be amended to meet all criteria as listed in Section 24.7.4 of the Weld County
Zoning Ordinance. (Dept. of Planning Services)
C. The plat shall indicate 75 feet from the centerline of State Highway 34 as road right-of-way.
(Colorado Department of Transportation)
D. The plat shall be amended to include all of Lot B, Recorded Exemption 346 in the permit
area for USR-1283. (Dept. of Planning Services)
E. The applicant shall upgrade a two-lane gravel road surface all the way around the site. A
typical cross section shall be submitted to the Weld County Department of Public Works for
approval. The approved cross section shall be delineated on the plat. (Dept. of Public
Works)
F. The applicant shall submit to the Weld County Department of Public Works a traffic
circulation plan throughout the site and adequate parking to accommodate all users. The
plan shall included adequate turning radiuses,automobile parking spaces(9 feet x 19 feet),
bus/recreational vehicle,emergency equipment, and handicapped parking.The approved
plan shall be delineated on the plat. (Dept. of Public Works)
G. The applicant shall indicate on the plat the drainage patterns, retention facilities,or how the
water will disburse once the improvements are in place. (Dept. of Public Works)
H. The applicant shall submit to the Weld County Department of Public Works a traffic impact
analysis. Evidence of approval shall be submitted to the Weld County Department of
Planning Services. (Dept. of Planning Services)
4. Prior to operation:
RESOLUTION, USR-1283
Janet Ream
Page 4
A. The applicant shall meet all requirements of the Weld County Department of Building
Inspection as indicated in a referral dated July 17, 2000. (Dept. of Building Inspection)
B. The applicant shall attempt to address the concerns of the City of Greeley as indicated in
a referral dated August 23, 2000. (Dept. of Planning Services)
5. Prior to constructing the proposed ponds:
A. The applicant shall obtain an excavation permit from the Weld County Department of
Building Inspection. (Dept. of Building Inspection)
B. If required, the applicant shall obtain a Department of Army, 404 Clean Water Act permit.
(Dept. of Planning Services)
C. The applicant shall obtain all applicable permits from the Colorado Division of Water
Resources. (Dept. of Planning Services)
6. 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. (Dept. of Planning Services)
Motion seconded by Stephen Mokray.
VOTE:
For Passage Against Passage Absent
Gristle Nicklas Fred Walker
John Folsom Arlan Marrs
Michael Miller
Bryant Gimlin
Jack Epple
Stephen Mokray
Cathy Clamp
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, Trisha Swanson, 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 September 5, 2000.
Dated the 5h of September, 2000.
A T-1,43-1-i---•
Trisha Swanson
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Janet L. Ream
USR-1283
1. The Site Specific Development Plan and Special Use Permit is for a Guest Farm (Extended
Learning Facility) in the A(Agricultural)Zone District, as indicated in the application materials on
file and subject to the Development Standards stated hereon. (Dept. of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County
Zoning Ordinance. (Dept. of Planning Services)
3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Dept.of Public Health and Environment)
4. No permanent disposal of wastes shall be permitted at this site. (Dept. of Public Health and
Environment)
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. (Dept. of Public Health and Environment)
6. Fugitive dust shall be controlled on this site. (Dept. of Public Health and Environment)
7. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone
District as delineated in 25-12-103, C.R.S. (Dept. of Public Health and Environment)
8. Adequate toilet facilities shall be provided for the public. (Dept. of Public Health and Environment)
9. An individual sewage disposal system is required for the extended learning center and shall be
installed according to the Weld County Individual Sewage Disposal Regulations. (Dept. of Public
Health and Environment)
10. The septic system is required to be designed by a Colorado Registered Professional Engineer
according to the Weld County Individual Sewage Disposal Regulations. (Dept.of Public Health and
Environment)
11. The facility shall utilize the existing public water supply (Central Weld Water District). (Dept. of
Public Health and Environment)
12. The applicant shall maintain compliance with the rules and regulations of the Department of Army,
Corps of Engineers and the Colorado Division of Water Resources. (Dept. of Planning)
13. This facility is located directly under the final approach path and departure corridor for the Greeley-
Weld County Airports primary runway, and may be impacted by airport operations. (Dept. of
Planning Services)
14. The access and parking area shall be a graded and drained gravel surface capable of handling
school buses and emergency equipment. (Dept. of Public Works)
15. The property owner or operator shall be responsible for complying with the Design Standards of
Section 24.5 of the Weld County Zoning Ordinance.
16. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 24.6 of the Weld County Zoning Ordinance.
17. 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 herein and all
applicable Weld County regulations.
18. 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 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.
19. 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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