HomeMy WebLinkAbout20002742.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1288 FOR AN AGRICULTURAL SERVICE ESTABLISHMENT (ANIMAL
TRAINING AND BOARDING) IN THE A (AGRICULTURAL) ZONE DISTRICT - MIKE
GOSS
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 6th day of
December, 2000, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Mike Goss, do AgPro Environmental Services, LLC, 6508 Weld
County Road 5, Erie, Colorado 80516, for a Site Specific Development Plan and Use by Special
Review Permit#1288 for an Agricultural Service Establishment (animal training and boarding) in
the A (Agricultural) Zone District on the following described real estate, to-wit:
Part of the SE1/4 of the SW1/4 of Section 16,
Township 5 North, Range 66 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, said applicant was represented by Sharyn Frazer and Thomas Haren,
AgPro Environmental Services, LLC, at said hearing, and
WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance 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 24.7 of the Weld County Zoning Ordinance.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance as
follows:
a. Section 24.4.2.1 —The proposal is consistent with the Weld County
Comprehensive Plan. 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 Map indicates that the soils on the
property are designated "Urban - and Urban Build-up Land." A.Policy 1
states, "Agricultural zoning will be established and maintained to protect
and promote the County's agricultural industry."
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SPECIAL REVIEW PERMIT#1288 - MIKE GOSS
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b. Section 24.4.2.2 —The proposal is consistent with the intent of the A
(Agricultural) Zone District. Section 31.4.2 states that Agricultural Service
Establishments primarily engaged in performing agricultural, animal
husbandry, or horticultural services on a fee or contract basis, including
livestock confinement operations, are permitted as a Use by Special
Review in the A (Agricultural) Zone District.
c. Section 24.4.2.3—The uses which will be permitted will be compatible
with the existing surrounding land uses. A veterinary hospital lies directly
east of the site. The property to the north of the site is platted for
residences but is being used as a horse pasture at this time. To the west
of the site is a single family residence with pasture. To the south is State
Highway 34 and agricultural properties. The surrounding area is primarily
zoned R-1 (Low Density Residential) and A (Agricultural). Both Zone
Districts allow for cattle and horses.
d. Section 24.4.2.4 —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 the
Comprehensive Plan or Master Plans of affected municipalities. This
proposal is within the three-mile referral area of the City of Evans. The
City of Evans stated no conflicts exist with its interests. The site is within
the Urban Growth Boundary of the City of Greeley. The City of Greeley
recommended denial of the proposal as it does not comply with the
policies and intent of the City of Greeley's Comprehensive Plan and
would not be compatible with the anticipated urban population of
residents and businesses in the immediate vicinity. It should be noted
that the City of Greeley and Weld County do not have an
Intergovernmental Agreement in place. A Condition of Approval requires
the applicant to attempt to address the concerns of the City of Greeley.
e. Section 24.4.2.5 —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. Effective December 1, 1999, Building Permits
issued on the lot will be required to adhere to the fee structure of the
Windsor Service Area Road Impact Program.
f. Section 24.4.2.6 —The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the
proposed use. This property is designated as "Urban - and Urban Build-
up Land" on the U.S.D.A. Soils Map. No "Prime" farm ground exists on
the site.
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g. Section 24.4.2.7—The attached Conditions of Approval and
Development Standards ensure the protection of the health, safety and
welfare of the inhabitants of the neighborhood and the County.
h. Section 47 -- The applicant shall comply with the additional requirements
of the Livestock Feeding Performance Standards.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Mike Goss, do AgPro Environmental Services,
LLC, for a Site Specific Development Plan and Use by Special Review Permit#1288 for an
Agricultural Service Establishment (animal training and boarding) 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 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. Any existing septic system(s) not currently permitted through the Weld
County Department of Public Health and Environment, Environmental
Health Services Division, will require an Individual Sewage Disposal
System (I.S.D.S.) evaluation prior to the issuance of the required septic
permit(s). The review shall consist of an observation of the system(s) and
an evaluation of the system's ability to handle the proposed hydraulic
load. 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.
B. The applicant shall provide the Weld County Department of Planning
Services with a copy of the access permit issued by the Colorado
Department of Transportation (CDOT) which grants access to West 28th
Street, or written evidence that the applicant has complied with the
requirements of the Colorado Department of Transportation (CDOT).
C. The plat shall be amended to include all criteria as listed in Section 24.7.4
of the Weld County Zoning Ordinance.
D. The plat shall be amended to identify a sixty (60) foot turning radius
between the garage and the horse barn. This clear area shall
accommodate a turnaround for trucks with horse trailers utilizing the site.
There will be no parking allowed in this clear zone. Additional parking
shall be identified south of the garage and adjacent to the property line.
Both areas shall be identified on the plat.
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E. The applicant shall attempt to address the requirements of the City of
Greeley as stated in the referral response dated September 27, 2000.
Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services.
3. Prior to operation:
A. In accordance with Section 3.1 of the Weld County I.S.D.S. Regulations,
a toilet and sewage disposal system shall be provided for patrons of the
facility.
1) In the event the facilities available in the existing home, or any
other existing on-site facilities, will serve patrons of the site the
septic system(s) serving the structure shall be reviewed by a
Colorado registered professional engineer. The review shall
consist of an observation of the system(s) and an evaluation of
the system's ability to handle the proposed hydraulic load. 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.
2) In the event a new septic system will be installed to serve patrons
of the facility, the system shall be designed by a Colorado
registered professional engineer according to the Weld County
I.S.D.S. Regulations.
B. The application shall inform the Milliken Fire Protection District that the
use will be occurring on the site.
4. The 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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 6th day of December, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
W LD COUNTY, CO ORADO
ATTEST: ///* c La
Barbara J. K. mey er, Chai
. Q�i r J
Weld County Clerk to th��:�.: a • :-d�� /
�p OPit1M. J. =eile, Pro-Tem
BY: Zi721 a• J
Deputy Clerk to the Bo*
eorge . Baxter
APPROV ASST M: yt
Dale K. Hall
1 ray Attorney
G enn V ad
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MIKE GOSS
USR#1288
1. The Site Specific Development Plan and Use by Special Review Permit is for an Agricultural
Service Establishment(Animal Training and Boarding) 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 90 of the Weld
County Zoning Ordinance.
3. Fugitive dust shall be confined to the site.
4. All liquid and solid waste (as defined in the Solid Wastes Disposal Sites and Facilities Act,
Section 30-20-100, C.R.S.) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
5. No permanent disposal of solid wastes shall be permitted at this site.
6. The facility shall maintain compliance with the Confined Animal Feeding Operations(CAFO)
Control Regulations (5 CCR 1002-19) and, Sections 45 and 47 of the Weld County Zoning
Ordinance.
7. This 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. 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 surface beneath the manure storage areas shall be of materials which
are protective of State waters. These areas shall be constructed to minimize seepage or
percolation of manure contaminated water. In no event shall the facility impact or degrade
waters of the State in violation of the CAFO Control Regulations (5 CCR 1002-19).
9. The facility shall be operated in a manner to control odor. Additional controls shall be
implemented at the request of the Weld County Department of Public Health and
Environment in the event odor levels detected off-site meet or exceed the level of a fifteen-
to-one dilution threshold, as measured pursuant to Regulation 2 of the Colorado Air
Pollution Control Regulations, or in the judgement of the Weld County Health Officer,there
exists an odor condition requiring abatement.
10. The facility shall be operated in a manner to control flies. Additional fly control measures
shall be implemented at the request of the Weld County Department of Public Health and
Environment in the event that flies, which can be determined to be associated with the
facility, are in such a number to be considered a nuisance condition. Additional controls
shall also be implemented in the event the Weld County Department of Public Health and
Environment receives a significant number of fly complaints associated with the facility,and
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in the judgement of the Weld County Health Officer, there exists a fly condition requiring
abatement.
11. There shall be no burning conducted at the site, with exception to burning defined as
"agricultural open burning" by Regulation No. 1 of the Colorado Air Quality Control
Commission Regulations.
12. The site shall be limited to 30 animal units.
13. The facility shall be operated during daylight hours except in the case of emergency.
14. All construction on the property shall be in accordance with the requirements of the Weld
County Department of Building Inspection.
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. Effective December 1, 1999, building permits issued on the lots will be required to adhere
to the fee structure of the Windsor Service Area Road Impact Program.
17. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance.
18. The Use by Special Review Permit shall not be transferrable to any successor in interest
to described property, and shall terminate automatically upon conveyance or lease of the
property to others.
19. 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.
20. 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.
21. 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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