The URL can be used to link to this page

Browse Search

Home My WebLink About20010517.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1310 FOR AN AGRICULTURAL SERVICE ESTABLISHMENT (EQUINE FACILITY) IN THE A(AGRICULTURAL) ZONE DISTRICT - REVA BARRETT WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 4th day of April, 2001, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Reva Barrett, c/o Raymond Gibier, 6045 East 76th Avenue #12, Commerce City, Colorado 80022, for a Site Specific Development Plan and Use by Special Review Permit #1310 for an Agricultural Service Establishment (equine facility) in the A (Agricultural) Zone District on the following described real estate, to-wit: Lot B of Recorded Exemption #2221; being part of the SW1/4 of Section 3, Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, said applicant was represented by George Nichols at said hearing, and WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of said Use by Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 23-2-230.B of the Weld County Code as follows: a. Section 23-2-230.6.1 —The proposal is consistent with Chapter 22 and any other applicable code provisions or ordinances in effect. Section 22- 2-60.A.1 states, "Preserve prime farmland for agricultural purposes which foster the economic health and continuance of agriculture." The U.S.D.A. Soils Maps indicate that the soils on this property are designated "Prime if Irrigated" lands. No "Prime"farmland will be taken out of production as the parcel is not currently irrigated. b. Section 23-2-230.6.2 —The proposal is consistent with the intent of the A (Agricultural) Zone District in which the use is located. Section 23-3-40 of the Weld County Code provides for animal training and boarding facilities as a Use by Special Review in the A (Agricultural) Zone District. 2001-0517 �� PL , P10 , tt /EpP.EP.- PL1479 SPECIAL REVIEW PERMIT#1310 - REVA BARRETT PAGE 2 c. Section 23-2-230.6.3—The uses which will be permitted will be compatible with the existing surrounding land uses. Uses within the surrounding area are limited residential, a turkey farm and pasture. The Conditions of Approval and Development Standards will ensure that any incompatibilities will be mitigated. d. Section 23-2-230.B.4 —The uses which will 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 Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site does not lie within the Urban Growth Boundary of any municipality, but does lie within the referral area of the Town of Firestone. e. Section 23-2-230.6.5 —This proposal does not lie within any Overlay Districts. f. Section 23-2-230.6.6 —The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The proposed site is designated "Prime if Irrigated" by the USDA Soil Conservation Services. No prime farm ground exists on the site. g. Section 23-2-230.B.7—The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), 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 County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Reva Barrett, do Raymond Gibier for a Site Specific Development Plan and Use by Special Review Permit#1310 for an Agricultural Service Establishment (equine facility) in the A (Agricultural) Zone District on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1. The attached Development Standards for the Use by Special Review Permit shall be adopted and placed on the Use by 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. 2. Prior to recording the plat: A. The applicant shall submit a Storm Water Management Plan, for review and approval, to the Environmental Health Services Division of the Weld 2001-0517 PL1479 SPECIAL REVIEW PERMIT#1310 - REVA BARRETT PAGE 3 County Department of Public Health and Environment. The plan shall describe how storm water that comes into contact with manure will be managed on the property. Evidence of approval shall be submitted to the Weld County Department of Planning Services. B. The applicant shall submit a Manure Handling Plan to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. The plan shall describe how manure generated on the facility will be managed. Evidence of approval shall be submitted to the Weld County Department of Planning Services. C. The facility shall be in compliance with the Confined Animal Feeding Operation (CAFO) Regulations prior to final approval of the proposed use. Evidence of approval shall be submitted to the Weld County Department of Planning Services. D. The applicant shall provide envelopes for the septic system(s) that will serve the proposed employee houses. The envelopes must be approved by the Weld County Department of Public Health and Environment. Evidence of approval shall be submitted to the Weld County Department of Planning Services. E. The applicant shall apply for a Weld County Individual Sewage Disposal System (I.S.D.S.) Permit for the proposed employee housing and the septic system shall be installed according to the Weld County I.S.D.S. Regulations. F. The applicant shall provide a letter from Weideman Engineering stating that the septic system for the barn (SP-990016) was installed according to Weld County I.S.D.S. Regulations. G. The existing landscaping shall be indicated on the plat. A plan shall be submitted which addresses maintenance of the landscaping materials and potential replacement of dying materials. H. Building permits for mobile homes located on the property shall be applied for and approved. Evidence of such shall be submitted to the Weld County Department of Planning Services. A building permit for the barn shall be approved by the Weld County Department of Building Inspection. Evidence of permit approval shall be submitted to the Weld County Department of Planning Services. J. An additional ten (10) feet of right-of-way shall be delineated on the plat to accommodate full build out of Weld County Road 24. 2001-0517 PL1479 SPECIAL REVIEW PERMIT#1310 - REVA BARRETT PAGE 4 K. Additional parking spaces, located on the south side of the indoor arena, shall be indicated on the plat. The access located to the east of the house shall be closed. 3. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued, on the property until the Use by Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of April, A.D., 2001. BOARD OF COUNTY COMMISSIONERS WELD CO TY, COLORADO ATTEST: t ��'�/6 �'!•\ IEI�,a i• l M. J. Bile, Chai Weld County Clerk to the , • r .• //24e3 BY: �Q /V�� / lenn Vaad, Pro- Deputy Clerk to the Boa r.* ! t� Willis Jerke A ED AS TO/FORM: Dav'd E. Long unty Attor y Robert D. Masden 2001-0517 PL1479 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS REVA BARRETT USR#1310 1. The Site Specific Development Plan and Use by Special Review Permit is for an Agricultural Service Establishment (equine facility) in the A (Agricultural)Zone District, as indicated in the application materials on file and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. 3. The accessory dwelling units(mobile homes)for employees shall not be used as an income source by the applicant for rental to persons who are not principally employed at the site. Should the Agricultural Service Establishment cease operation at any time in the future and/or Use by Special Review Permit#1310 be vacated,the accessory dwelling units shall be removed from the site. 4. The site shall be limited to 4 mobile homes to be used as accessory dwelling units for employees of the facility. Travel trailers shall not be utilized for dwelling units. 5. Employee housing shall be clearly addressed with addresses visible from Weld County Road 24. Each individual unit shall be addressed. 6. The applicant shall provide a dumpster large enough to accommodate trash from employee housing units,as well as personnel that utilize the arenas. The dumpster shall be screened from public rights-of-way as well as adjacent properties. At no time shall household trash be burned on site. 7. The applicant shall remove, handle, and stockpile manure from the livestock area in a manner that will prevent nuisance conditions. The manure piles shall not be allowed to exist or deteriorate to a condition that facilitates excessive odors, flies, insect pests, or pollutant runoff. The manure storage site shall have a water-tight surface which does not permit seepage or percolation of manure pollutants into the ground. 8. The facility shall be in compliance with the CAFO Regulations 5 CCR 1002-19. 9. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 10. No permanent disposal of wastes shall be permitted at this site. 11. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 12. Fugitive dust shall be controlled on this site. 2001-0517 PL1479 DEVELOPMENT STANDARDS - REVA BARRETT (USR#1310) PAGE 2 13. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone District as delineated in Section 25-12-103, C.R.S. 14. All septic systems located on the property shall have appropriate permits from the Weld County Department of Public Health and Environment. Any existing septic system(s)which is not currently permitted through the Weld County Department of Public Health and Environment 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 I.S.D.S. regulations. 15. The facility shall utilize the existing public water supply,Central Weld County Water District. 16. There shall be no staging or parking along Weld County Road 24. All parking, loading and off-loading shall be on-site. 17. All parking spaces, as well as the access drive, shall be surfaced with recycled asphalt, base gravel, asphalt, concrete, or equivalent. Areas shall be graded to prevent drainage problems. 18. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 19. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 20. 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. 21. The Use by 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. 22. 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. 23. The facility shall manage manure and stormwater in accordance with the approved Manure and Stormwater Management Plans. 2001-0517 PL1479 Hello