HomeMy WebLinkAbout991686.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Stephan Mokray 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:
Case Number: USR-1228
Applicant: Jerry and Jeannie Bess
C3
Address: 412 Idalia Drive :-,
Ft. Collins, CO 80525
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Planner: Julie A. Chester
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Request: A Site Specific Development Plan and a Special Review Permit for a Fishery it the An
(Agricultural) Zone
Legal Description: Part of the E2 of Section 8, T7N, R65W of the 6th P.M., Weld County, Colorado
Location: West of and adjacent to WCR 41 and approximately 1/3 of a mile north of State Highway
14
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 Sectior 24.7 of
the Weld County Zoning Ordinance, as amended.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
24.3 of the Weld County Zoning Ordinance, as follows:
a. Section 24.3.1.1 --This 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". This proposal is located in an area
designated as prime farmground, by the U.S.D.A. Soils map, however, the application
indicates that the applicants will still farm the property, while adding a new and diverse
style of farming, "fish farming". A.Goal 2 states"allow commercial and industrial uses
which are directly related to or dependent upon agriculture to locate within the Agricultural
zoning when the impact to surrounding properties is minimal, and where adequate
services and infrastructure is available". A fish farm is a commercial type use which is
directly related to agriculture and is dependent upon agriculture. The proposed use
requires location within the Agricultural Zone District because of the size of the parcel that
is required for this type of facility. It requires a source of water, which is provided
by wells and irrigation shares. Adequate services are available or will be implemented
through Conditions of Approval and Development Standards.
b. Section 24.3.1.2 --This proposal is consistent with the intent of the A (Agricultural)zone
district. Section 31.4.21 lists "uses similar to the uses listed as Uses by Special Review
as long as the use complies with the general intent of the A District". The Department of
Planning Services staff has determined that ilsh farming is a similar use to other
agricultural uses as defined in the Weld County Zoning Ordinance and meets the intent of
the Agricultural Zone District. The definition of farming is "the cultivation of land, growing
of crops, ranching, and/or the raising of livestock" and it was the Planning Department's
EXHIBIT
991686 US✓Z4t7aaY
RESOLUTION, USR-1228
Jerry & Jeannie Bess
Page 2
opinion that fish farming was a similar use, but does not fit the definition of livestock as
defined in the Weld County Zoning Ordinance. It was determined that the use would
require a Special Review Permit and regulation by the Weld County Health Department
and other referral agencies.
c. Section 24.3.1.3 --The proposal is consistent with Section 24.3.1.3 of the Weld County
Zoning Ordinance, as amended, and will be compatible with future development of the
surrounding area. The surrounding area consists of Agricultural uses including Tateyama
Dairy in Section 16, located southeast of this proposal, and one residence is located
within close proximity. The proposed fish farm will be compatible with future development
of the surrounding area.
d. Section 24.3.1.4 --The proposed uses will be compatible with future development of the
surrounding area as permitted by the A(Agricultural) zone district and with the future
development as projected by the Comprehensive Plan or Master Plan of affected
municipalities. The proposal is not located within an Urban Growth Boundary of any
municipality and the Towns of Ault and Eaton indicated in their referral responses, "no
conflict with their interests".
e. Section 24.3.1.5 --The proposal is not located within the Overlay District Areas identified
by maps officially adopted by Weld County.
f. Section 24.3.1.7 --The Design Standards (Section 24.5 of the Weld County Zoning
Ordinance, as amended), Operation Standards (Section 24.6 of the Weld County Zoning
Ordinance, as amended), 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 plat. 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. The right-of-way or section line easement shall be a graded or drained road to provide all
weather access. (Planning Dept.)
B. The applicant shall provide evidence to the Department of Planning Services that an
access permit from the Colorado Department of Transportation (C.D.O.T.) was granted
for access to Hwy 14 or evidence that the applicant has complied with the requirements of
C.D.O.T. (Planning Dept.)
C. The applicant will provide evidence of adequate access to the parcels along the section
line. This may include an easement dedication on the plat, or a deed showing a right-of-
way exists. (Planning Dept.)
RESOLUTION, USR-1228
Jerry & Jeannie Bess
Page 3
D. The applicant shall submit evidence of attempts to address the concerns of the Eaton
School District, as listed in the referral response dated March 29, 1999, to the Weld
County Department of Planning Services. (Dept. of Planning Services)
E. The applicant shall obtain a Colorado Discharge Permit System permit, for aquatic animal
production, from the Water Quality Control Division of the Colorado Department of Public
Health and Environment. A copy of any permit shall be submitted to the Weld County
Department of Public Health and Environment and the Weld County Planning
Department. (Health Dept.)
F. The applicant shall submit a handling plan to the Weld County Department of Public
Health and Environment, for review and approval, that describes how fish excrement will
be stored, handled, and disposed. In the event that the excrement will be land applied,
the plan should also describe how the operation will prevent nuisance conditions and how
the excrement will be applied at agronomic rates. (Health Dept.)
G. The applicant shall obtain or amend all appropriate well permits for the operation and the
proposed residences from the Colorado Division of Water Resources. (Health Dept.)
H. The applicant shall submit a waste handling plan to the Environmental Health Services
Division of the Weld County Department of Public Health and Environment. The plan
shall include at a minimum, the following:
1) A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated). (Health Dept.)
2) A list of the type and volume of chemicals expected to be stored on site. (Health
Dept.)
3) The waste handler and facility where the waste will be disposed (including the
facility name, address and telephone number). (Health Dept.)
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)
J. The plat shall be amended to delineate the following:
1) The house which will be considered the principal dwelling and the house which
will be considered the accessory dwelling. (Dept. Of Planning Services)
K. Prior to the release of building permits:
1) All foundations supporting structures (houses, barn, fish tanks, etc.) shall be
required to be designed by an architect or engineer licensed by the State of
Colorado. (Building Inspection)
2) Separate bathroom facilities shall be provided for each sex when the number of
employees exceeds four. (Building Inspection)
RESOLUTION, USR-1228
Jerry & Jeannie Bess
Page 4
Motion seconded by Fred Walker.
VOTE:
For Passage
Cristie Nicklas
Fred Walker
Stephan Mokray
Jack Epple
Michael Miller
Bryant Gimlin
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, Jennifer Mehring, 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 Commiss on of Weld
County, Colorado, adopted on May 4, 1999.
Dated the 4th of May, 1999.
ngrrA .
Jennifer Mehring
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Jerry and Jeannie Bess
USR-1228
1. The Site Specific Development Plan and Special Use Permit for a Fishery in the A(Agricultural)Zone,
as indicated in the application materials on file in the Department of Planning Services and subject
to the Development Standards stated hereon. (Planning Dept.)
2. Approval of this plan may create a vested property richt pursuant to Section 90 of the Weld County
Zoning Ordinance, as amended. (Planning Dept.)
3. The hours of operation are during day light hours, seven days a week, as indicated in the application
materials. (Dept. of Planning Services)
4. The facility will consist of two residential structures, a barn, ponds and a recharge pond. (Dept. of
Planning Services)
5. All proposed or existing structures will or do meet the minimum setback and offset requirements for
the Agricultural zone district (Dept. of Planning Services).
6. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-
101, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination. (Health Dept.)
7. No permanent disposal of wastes shall be permitted at this site.(Health Dept.)
8. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions. (Health Dept.)
9. Fugitive dust shall be controlled on this site at all times. (Health Dept.)
10. The maximum permissible noise level shall not exceed the residential limit of 55 db(A)as measured
according to 25-12-102, Colorado Revised Statutes. (Health Dept.)
11. Individual sewage disposal systems are required for the proposed residences and shall be installed
according to the Weld County Individual Sewage Disposal Regulations. (Health Dept.;
12. The facility shall comply with all provisions of any discharge permit issued by the Water Quality
Control Division of the Colorado Department of Public Health and Environment. (Health Dept.)
13. The applicant shall comply with all applicable requirements of the Colorado Division of Wildlife.
(Health Dept.)
14. Any fish excrement applied to the land shall be applied at agronomic rates. Records shall be
maintained to demonstrate that the excrement has been applied at agronomic rates. (Health Dept.)
15. Should noxious weeds exist on the property or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the nox ous weeds,
pursuant to Ordinance 169A. (Public Works)
16. All construction on the property shall be in accordance with the requirements of the Weld County
Building Code Ordinance, as amended and all applicable fire codes. ( Dept. of Planning Services)
17. Any proposed signage shall require appropriate building permits and be constructed in accordance
DEVELOPMENT STANDARDS, USR-1228
Bess
Page 2
with Section 42.2 of the Weld County Zoning Ordinance. (Dept. of Planning Services)
18. At such time the Special Review Permit for the Fishery should cease, the accessory residence on the
property,which is accessory to the Special Review Permit, must be removed from the prcperty or the
appropriate zoning and building permits shall be applied for and approved for the appropriate use.
(Planning)
19. The property owner or operator shall be responsible for complying with the Design Standards of
Section 24.5 of the Weld County Zoning Ordinance, as amended. (Planning Dept.)
20. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 24.6 of the Weld County Zoning Ordinance, as amended. (Planning Dept.)
21. Personnel from the Weld County Health Department and Weld County Department of 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 hereon and all
applicable Weld County regulations. (Planning Dept.)
22. 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 Planning Commission 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. (Planning Dept.)
23. 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. (Planning Dept.)
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