HomeMy WebLinkAbout20003124.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1283 FOR A GUEST FARM (EXTENDED LEARNING FACILITY) IN THE A
(AGRICULTURAL) ZONE DISTRICT - JANET REAM
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 10th day
of January, 2001, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Janet Ream, 412 North 71st Avenue, Greeley, Colorado 80634, for a
Site Specific Development Plan and Use by Special Review Permit#1283 for a Guest Farm
(extended learning facility) in the A (Agricultural) Zone District on the following described real
estate, to-wit:
Lot B of Recorded Exemption #346; being part of
the SE1/4 of Section 14, Township 5 North, Range
65 West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was present at said hearing, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review
of said 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.B.1 -- The proposal is consistent with Chapter 22 and
any other applicable Code provisions or ordinances in effect. Pursuant to
W.Goal 1 and W.Policy 1.1, the Conditions of Approval ensure that the
use will not negatively impact wildlife in the area.
b. Section 23-2-230.B.2 -- The proposal is consistent with the intent of the A
(Agricultural) Zone District in which the use is located. Section 23-3-
20.C.5 of the Weld County Code provides for a guest farm as a Use by
Special Review in the A (Agricultural) Zone District.
`y ' )42. //L( 1 p) A/1/ %W1 2000-3424
SPECIAL REVIEW PERMIT #1283 - JANET REAM
PAGE 2
c. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The South Platte
River lies north of the site, State Highway 34 is located to the south, 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. 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 City of Evans and the Town of Kersey
indicated the proposal did not conflict with their interests. The City of
Greeley expressed 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 --The application complies with Section 23-5 of the Weld County
Code. The site lies within the Airport Overlay District. In a referral dated
July 20, 2000, The Greeley-Weld County Airport expressed concerns with
the proposed use impacting the airport operations. Part of the site lies
within the One Hundred (100) Year Flood Plain; however, the area where
buildings are proposed lies outside of the flood plain.
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 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 23-2-230.B.7 -- The Design Standards (Section 23-2-240 of the
Weld County Code), Operation Standards (Section 23-2-250 of the 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 Janet Ream for a Site Specific Development
Plan and Use by Special Review Permit#1283 for a Guest Farm (extended learning facility) in
the A (Agricultural) Zone District on the hereinabove described parcel of land be, and hereby is,
granted subject to the following conditions:
2000-3124
PL1463
SPECIAL REVIEW PERMIT#1283 - JANET REAM
PAGE 3
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 meet all criteria as listed in Section 23-2-
260.D of the Weld County Code.
B. The plat shall indicate 75 feet from the center line of State Highway 34 as
road right-of-way.
C. The plat shall be amended to include all of Lot B of Recorded
Exemption #346 in the permit area for Use by Special Review#1283.
D. The applicant shall submit a traffic impact analysis to the Weld County
Department of Public Works. Evidence of approval shall be submitted to
the Weld County Department of Planning Services.
E. Weld County's Right To Farm statement, as it appears in the Weld
County Code, Appendix 22-E, shall be placed on the Plat.
3. Prior to operation:
A. The applicant shall meet all requirements of the Weld County Department
of Building Inspection as indicated in a referral dated July 17, 2000.
B. The applicant shall attempt to address the concerns of the City of
Greeley as indicated in a referral dated August 23, 2000.
4. Prior to constructing the proposed ponds:
A. The applicant shall obtain an excavation permit from the Weld County
Department of Building Inspection.
B. If required, the applicant shall obtain a Department of Army, 404 Clean
Water Act permit.
C. The applicant shall obtain all applicable permits from the Colorado
Division of Water Resources.
5. 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.
2000-3124
PL1463
SPECIAL REVIEW PERMIT#1283 - JANET REAM
PAGE 4
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 10th day of January, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
WELD COUNT , COLORADO
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2000-3124
PL1463
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JANET REAM
USR#1283
1. The Site Specific Development Plan and Use by Special Review 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.
2. Approval of this plan may create a vested property right pursuant to Section 23-8 of the
Weld County Code.
3. 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.
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. Fugitive dust shall be controlled on this site.
7. The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District as delineated in Section 25-12-103, C.R.S.
8. Adequate toilet facilities shall be provided for the public.
9. An Individual Sewage Disposal System (I.S.D.S.) is required for the extended learning
center and shall be installed according to the Weld County I.S.D.S. Regulations.
10. The septic system is required to be designed by a Colorado registered professional
engineer according to the Weld County I.S.D.S. Regulations.
11. The facility shall utilize the existing public water supply (Central Weld Water District).
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.
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.
14. The access and parking area shall be a graded and drained gravel surface capable of
handling school buses and emergency equipment.
15. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
2000-3124
PL1463
DEVELOPMENT STANDARDS - JANET REAM (USR #1283)
PAGE 2
16. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
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 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.
2000-3124
PL1463
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