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HomeMy WebLinkAbout20010518.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Michael Miller 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: PLANNER: Lauren Light CASE NUMBER: USR-1310 APPLICANT: Reva J. Barrett ADDRESS: 9265 Weld County 24 REQUEST: A Site Specific Development Plan and a Special Review Permit for an Agricultural Service Establishment (Equine Facility) in the Agricultural Zone District LEGAL DESCRIPTION: Lot B of RE-2221, Pt. of Section 3, Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado LOCATION: North of and adjacent to Weld County Road 24;approximately 1/2 mile east of Weld County Road 19. 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 23-2-260 of the Weld County Code. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: a. Section 23-2-220.A.1 -The proposal is consistent with Chapter 22 and any other applicable code provisions or ordinances in effect.22-2-60.A.Goal.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 23-2-220.A.2 --The proposal is consistent with the intent of the 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 Agricultural Zone District. c. Section 23-2-220.A.3--That the uses which would be permitted will be compatible with the existing surrounding land uses. Uses within the surrounding area are limited residential, turkey farm and pasture. Conditions of Approval and Development Standards will ensure that any incompatibilities will be mitigated. d. Section 23-2-220.A.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 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 Firestone. [4. EXHIBIT 2001-0518 USt#131c RESOLUTION, USR-1310 Reva Barrett Page 2 e. Section 23-2-220.A.5 -This proposal does not lie within any Overlay Districts. f. Section 23-2-220.A.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 23-2-220.A.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 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 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 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. (Dept. of Public Health and Environment) 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. (Dept.of Public Health and Environment) C. The facility shall be in compliance with the Confined Animal Feeding Operation Regulations prior to final approval of the proposed use. Evidence of approval shall be submitted to the Weld County Department of Planning Services. (Dept. of Public Health and Environment) D. The applicant shall provide envelopes for the septic system(s)that will serve the proposed employee houses. The envelopes must by 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. (Dept. of Public Health and Environment) E. The applicant shall apply for a Weld County Individual Sewage Disposal System Permit for the proposed employee housing and shall be installed according to the Weld County Individual Sewage Disposal Regulations. (Dept. of Public Health and Environment) RESOLUTION, USR-1310 Reva Barrett Page 3 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 Individual Sewage Disposal Regulations. (Dept. of Public Health and Environment) 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. (Dept. of Planning Services) 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. (Dept. 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. (Dept. 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. (Dept. of Public Works) 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. (Dept. of Public Works) 3. 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 Cristie Nicklas Arlan Marrs Michael Miller Bryant Gimlin Jack Epple Fred Walker John Folsom 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 February 6, 2001. Deted the 61h February, Trisha Swanson Secretary SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS REVA BARRETT USR-1310 1. The Site Specific Development Plan and Special Use 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. (Dept. of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Dept. of Planning Services) 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 upon the site. Should the Agricultural Service Establishment cease operation at any time in the future and/or USR-1310 is vacated,the accessory dwelling units shall be removed from the site. (Dept. of Planning Services) 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. (Dept. of Planning Services) 5. Employee housing shall be clearly addressed with addresses visible from Weld County Road 24. Each individual unit shall be addressed. (Sheriffs Dept.) 6. The applicant shall provide a du mpster 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. (Dept. of Planning Services) 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. (Dept. of Public Health and Environment) 8. The facility shall be in compliance with the Confined Animal Feeding Operation Regulations 5 CCR 1002-19. (Dept. of Public Health and Environment) 9. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 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. (Dept. of Public Health and Environment) 10. No permanent disposal of wastes shall be permitted at this site. (Dept. of Public Health and Environment) 11. 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) 12. Fugitive dust shall be controlled on this site. (Dept. of Public Health and Environment) 13. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone District as delineated in 25-12-103, C.R.S. (Dept. of Public Health and Environment) 14. All septic systems located on the property shall have appropriate permits from the Weld County Department of Public Health & 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 Individual Sewage Disposal System regulations. (Dept. of Public Health and Environment) 15. The facility shall utilize the existing public water supply,Central Weld County Water District. (Dept. of Public Health and Environment) 16. There shall be no staging or parking along Weld County Road 24. All parking, loading and off- loading shall be on-site. (Dept. of Planning Services) 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. (Dept. of Public Works) 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 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. Hello