HomeMy WebLinkAbout20013162.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1355 FOR AN AGRICULTURAL SERVICE ESTABLISHMENT (STORAGE
AND DISTRIBUTION OF BAGGED SEED AND EQUIPMENT STORAGE) IN THE A
(AGRICULTURAL) ZONE DISTRICT - LUCERNE, INC., C/O RALPH ANDERS
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 5th day of
December, 2001, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Lucerne, Inc., do Ralph Anders, P.O. Box 14, for a Site Specific
Development Plan and Use by Special Review Permit#1355 for an Agricultural Service
Establishment (storage and distribution of bagged seed and equipment storage) in the
A (Agricultural) Zone District on the following described real estate, to-wit:
Part of the E1/2SE1/4 of Section 18, Township 6
North, Range 65 West of the 6th P.M., Weld
County, Colorado
WHEREAS, said applicant was represented by Ralph Anders 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 proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinances in effect. A.Goal
1 states, "Preserve prime farmland for agricultural purposes which foster
the economic health and continuance of agriculture." The U.S.D.A. Soil
Conservation Map indicates that the property is designated as "Other."
Also, the size of the parcel is not conducive to farming. A. Policy 1
states, "Agricultural zoning will be established and maintained to protect
and promote the County's agricultural industry." The proposal will benefit
agricultural producers who both buy and sell seed products to Lucerne,
Inc.
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SPECIAL REVIEW PERMIT#1355 - LUCERNE, INC., C/O RALPH ANDERS
PAGE 2
b. Section 23-2-230.B.2—The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.6.9 of the Weld
County Code provides for Agricultural Service Establishments primarily
engaged in performing agricultural, animal husbandry, or horticultural
services on a fee or contract basis, including seed production,
processing, storage, mixing, blending and sales as a Use by Special
Review in the A (Agricultural) Zone District.
c. Section 23-2-230.6.3 --The uses which will be permitted will be
compatible with the existing surrounding land uses. Lucerne, Inc., has an
existing operation directly to the west of this proposed site which is
located on property that is zoned C-3 (Business Commercial). The
parcels to the north, south and east are zoned A (Agricultural) and are
located in the Town of Lucerne. The property located to the south
consists of offices, including the Cache La Poudre Irrigation Company.
The property to the north is vacant and to the east is a residence. The
addition of a seed storage building will remain compatible with the
existing and adjacent land uses.
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 lies within the referral areas of the Town
of Eaton and the City of Greeley. The Town of Eaton indicated no
conflicts with this request and the City of Greeley stated the proposal
does not comply with its 20/20 Comprehensive Plan.
e. Section 23-2-230.6.5 —The site does not lie within any Overlay Districts.
f. Section 23-2-230.B.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 the
property are designated "Other." In addition, the property is only .75 acres
in size, thus no "Prime" agricultural land will be taken out of production.
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.
2001-3162
PL1574
SPECIAL REVIEW PERMIT#1355 - LUCERNE, INC., CIO RALPH ANDERS
PAGE 3
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Lucerne, Inc., do Ralph Anders, for a Site
Specific Development Plan and Use by Special Review Permit #1355 for an Agricultural Service
Establishment (storage and distribution of bagged seed and equipment storage) in the
(Agricultural) Zone District on the parcel of land described above 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 plat shall be amended to delineate the following:
1) Flow arrows which identify how the drainage will be detained or
leave the site through historical drainage pattern.
2) Parking spaces, including American Disabilities Act (ADA)
requirements, and paved areas adjacent to the dry storage
building.
3) Conformance with Section 23-2-260.D of the Weld County Code.
B. A Landscape Plan shall be submitted to, and approved by, the Weld
County Department of Planning Services.
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.
2001-3162
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SPECIAL REVIEW PERMIT#1355 - LUCERNE, INC., C/O RALPH ANDERS
PAGE 4
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 5th day of December, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
WELD COU UTY, COLORADO
ATTEST: ated, La
!�' ;•`u• . J. eile, Chair
Weld County Clerk to t ,kr
Glenn Vaa , ro- em
BY:
Deputy Clerk to the B. 4% >I t L-
Willis Jerk
A O DASTOF M: eLi± (J G
vi Lo g
t1.Alt ndr e c
Robert D. asden
h9../.4/Date of signature:
2001-3162
PL1574
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LUCERNE, INC., C/O RALPH ANDERS
USR#1355
1. The Site Specific Development Plan and Use by Special Review Permit is for an Agricultural
Service Establishment primarily engaged in performing agricultural, animal husbandry, or
horticultural services on a fee or contract basis, including seed production, processing,
storage, mixing, blending and sales (storage and distribution of bagged seed and
equipment storage) 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. Hours of operation shall be from sunrise to sunset, Monday through Saturday. Hours of
operation may be extended with specific permission from the Weld County Board of County
Commissioners.
4. All vehicles shall be parked on the west side of the building, adjacent to Railroad Avenue.
5. Vehicle traffic shall approach and depart the site via Railroad Avenue.
6. Outside storage of equipment shall be screened from adjacent properties.
7. 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.
8. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a"solid waste" in the Solid
Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.
9. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
10. Fugitive dust shall be controlled on this site.
11. 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.
12. The employees shall be allowed to use the hand washing and toilet facilities at the main
office.
13. The employees shall be allowed access to an adequate water supply for drinking and
sanitary purposes at the main office (North Weld Water District).
2001-3162
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DEVELOPMENT STANDARDS - LUCERNE, INC., C/O RALPH ANDERS (USR#1355)
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14. The landscaping on site shall be maintained in accordance with the approved Landscape
Plan.
15. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
16. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
17. Personnel from the Weld County Departments of Public Health and Environment, Public
Works,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 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.
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.
2001-3162
PL1574
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