HomeMy WebLinkAbout990282.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
#1210 FOR AN AGRICULTURAL SERVICE ESTABLISHMENT IN THE
A (AGRICULTURAL) ZONE DISTRICT - CATTLEMAN'S CHOICE LOOMIX, LLC
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 February, 1999, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Cattleman's Choice Loomix, LLC, P.O. Box 610, Johnstown,
Colorado 80534, for a Site Specific Development Plan and Special Review Permit #1210 for an
Agricultural Service Establishment in the A (Agricultural) Zone District on the following
described real estate, to-wit:
Lot A of Recorded Exemption #307; being part of
the NE ''A of Section 7, Township 4 North, Range
67 West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by Kenneth Munsch, President, at said
hearing, and
WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance 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 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 -- This proposal is consistent with the Weld County
Comprehensive Plan. A.Goal 2 allows commercial uses which are directly
related to agriculture to locate within Agricultural zoning when the impact
on surrounding properties is minimal and where adequate infrastructure
is available. The proposed office/research facility will serve the
surrounding agricultural community and the facility will be served by
public water and the existing septic system. A.Goal 1 also encourages
the preservation of prime farmland for agricultural purposes. No prime
farm ground will be taken out of production.
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b. Section 24.4.2.2 -- This proposal is consistent with the intent of the
A (Agricultural) Zone District. Section 31.4.2 describes Agricultural
Service establishments primarily engaged in performing agricultural,
animal husbandry, or horticultural services on a fee or contract basis as
Uses by Special Review in the A (Agricultural) Zone District.
c. Section 24.4.2.3 -- The proposal is consistent with Section 24.3.1.3 of the
Weld County Zoning Ordinance and will be compatible with the future
development of the surrounding area. The proposal is compatible with
surrounding land uses which include agricultural production to the north,
west, and south, and residential lots to the immediate east. The existing
residence will be maintained in its current condition, and another
structure on-site will be used as a residential unit. Additionally, all staff
and visitor parking on-site will be screened from view by existing
landscaping and structure placement.
d. Section 24:4.2.4 -- The proposed uses will be compatible with the 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 Town
of Johnstown reviewed this proposal and determined that there were no
conflicts with the Comprehensive Plan.
e. Section 24.4.2.5 -- The proposal is not located within the Overlay District
Areas identified by maps officially adopted by Weld County.
f. Inadvertently omitted.
g. Section 24.4.2.7 --The Design Standards (Section 24.5 of the Weld
County Zoning Ordinance), Operation Standards (Section 24.6 of the
Weld County Zoning Ordinance), 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 Cattleman's Choice Loomix, LLC, for a Site
Specific Development Plan and Special Review Permit#1210 for an Agricultural Service
Establishment 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 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.
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2. Prior to recording the plat:
A. The following notes shall be placed on the plat:
1) All proposed or existing structures will or do meet the minimum
setback and offset requirements for the A (Agricultural) Zone
District.
2) No parking or staging of vehicles shall take place on Weld County
Road 15.
B. The applicant shall submit a Parking Plan to the Department of Planning
Services for review and approval. The Parking Plan shall be made in
accordance with Section 41 of the Weld County Zoning Ordinance.
C. The applicant shall submit a Landscaping Plan to the Department of
Planning Services for review and approval. The Landscaping Plan shall
indicate implementation schedule and landscape maintenance plan.
D. The septic system serving the existing "primary house", which will be
used as office space for the 7-10 employees involved in the operation,
shall be reviewed by a Colorado Registered Professional Engineer. The
review shall consist of an observation of the system and a technical
review describing the system's ability to handle the proposed hydraulic
load. The review shall be submitted to the Environmental Protection
Services Division of the Weld County Health Department. In the event
the system is found to be inadequately sized or constructed, the system
shall be brought into compliance with current regulations.
E. The applicant shall submit a Nuisance Control Plan to the Weld County
Health Department for review and approval. The plan should describe
how the facility intends to minimize and control flies, odor, and dust
generated by the facility.
. F. Evidence of Health Department approval for the above described plans
shall be submitted to the Department of Planning Services.
G. 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.
H. The plat shall be amended to delineate 75 feet of right-of-way from the
centerline of State Highway 60.
3. Any proposed signage shall require appropriate building permits and be
constructed in accordance with Section 42.2 of the Weld County Zoning
Ordinance.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 10th day of February, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
EL Wf COUNTY, CO RA O
ATTEST:
Dal,%K. Hall, Chair
Weld Co.4ty
A
�44
arbar . Kirkmeyeer, r -Tern
i
BY: ►:' �u/, , -� Csa
puty CI•rKYo-the' rd
Georgel er
OV TO FORM:
M. J. eile
nt Attorney
Glenn Vaadc
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CATTLEMAN'S CHOICE LOOMIX, LLC
USR#1210
1. The Site Specific Development Plan and Special Use Permit is for an Agricultural Service
Establishment in the A(Agricultural)Zone District, as indicated in the application materials
on file in the Department of Planning Services and subject to the Development Standards
stated hereon. The number of animal units shall not exceed eight.
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld
County Zoning Ordinance.
3. All liquid and solid wastes shall be stored and removed for the final deposit 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 deposited 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 maximum permissible noise level shall not exceed the residential limit of 55 db(A) as
measured according to Section 25-12-102, C.R.S.
8. Adequate toilet facilities shall be provided for the public and employees.
9. The facility shall utilize the existing public water supply.
10. The applicant shall comply with the Confined Animal Feeding Operation Regulations.
(5CCR 1002-19)
11. If applicable, all pesticides, fertilizer, and other potentially hazardous chemicals must be
stored and handled in a safe manner. Reference: Section 25-8-2-505.5 Colorado Water
Quality Control Act and rules and regulations thereof.
12. The facility shall utilize the existing public water supply.
13. The applicant has indicated that the structures identified as the "carriage house" and the
"large metal building"will eventually be served by running water. If water is piped into these
structures the applicant must obtain septic permits from the Weld County Health
Department, in accordance with Health Department Regulations which state that septic
permits are required for any structure where people, live, work, or congregate and insure
that the structure contains an adequate, convenient, sanitary toilet and sewage disposal
system in good working order.
14. 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
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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 Confined Animal Feeding Operations Control
Regulations (5 CCR 1002-19).
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. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance.
17. 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.
18. 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 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.
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