HomeMy WebLinkAbout991516.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
#1227 FOR AN AGRICULTURAL SERVICE ESTABLISHMENT (MANUFACTURING
OF ANIMAL CONFINEMENT STRUCTURES) IN THE A (AGRICULTURAL) ZONE
DISTRICT - JACK WALKER
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 23rd day
of June, 1999, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Jack Walker, 13550 Granby Street, Brighton, Colorado 80601, for a
Site Specific Development Plan and Special Review Permit #1227 for an Agricultural Service
Establishment (manufacturing of animal confinement structures) in the A (Agricultural) Zone
District on the following described real estate, to-wit:
Lot 2 of Recorded Exemption #1039, part of the
W% NW% of Section 20, Township 2 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was present 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 states, "Allow commercial and industrial
uses which are directly related to or dependent upon agriculture to locate
within Agricultural zoning when the impact to surrounding properties is
minimal, and where adequate services and infrastructure are available."
The applicant is proposing to fabricate animal confinement structures on
a small parcel within the A (Agricultural) Zone District. The Union Pacific
Railroad, State Highway 85, oil support activities and property which has
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been zoned Industrial (1-3) are the property boundaries. The impact to
surrounding land uses is minimal, the applicant has submitted evidence
of well water and will apply for the appropriate individual sewage disposal
system.
b. Section 24.4.2.2 --This proposal is consistent with the intent of the
A (Agricultural) Zone District. According to Section 31.1 of the Weld
County Zoning Ordinance, the A (Agricultural) Zone District is also
intended to provide areas for the conduct of Uses by Special Review
which have been determined to be more intense or to have a potentially
greater impact than Uses Allowed by Right. Additionally, Section 31.4.2
of the Weld County Zoning Ordinance states that agricultural service
establishments primarily engaged in performing agricultural, animal
husbandry, or horticultural services on a fee or contract basis, including:
farm equipment sales, repair, and installation facilities. Section 31.3.18
of the Weld County Zoning Ordinance, further states that any use may be
permitted as a Use by Right, an accessory use, or a Use by Special
Review in the Commercial or Industrial Zone Districts provided the
property is not a lot in an approved or recorded subdivision plat or lots
part of a map or plan filed prior to adoption of any regulations controlling
subdivisions. This application is for the fabrication of animal confinement
structures to be sold on site.
1. Goal 1 of the Weld County Comprehensive Plan states, "Preserve
prime farmland for agricultural purposes which foster the
economic health and continuance of agriculture." Although the
site is located on prime farmland, as recognized on USDA maps
on file with the Weld County Department of Planning Services, the
site is bordered by the Union Pacific Railroad right-of-way on the
east, a fuel transfer station on the south, and State Highway 85 on
the west. These limitations have created an island of prime
farmland of 13.4 acres. This island configuration is not conducive
to efficient farming.
c. Section 24.4.2.3 --The proposal is consistent with the Weld County
Zoning Ordinance, and will be compatible with existing surrounding land
uses. This site is bound by the Union Pacific Railroad on the east, State
Highway 85 on the west, a fuel transfer station on the south, and Weld
County Road 20 on the north. A residence exists adjacent to and north of
the proposed use site. The application is consistent with development on
adjacent property. The applicant shall adhere to noise and dust
regulations to provide compatible operations adjacent to residential uses.
d. Section 24.4.2.4 --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 Fort
Lupton Planning Commission did respond and indicated the proposal
does not conflict with its interests.
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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. Section 24.4.2.6 --The applicant has demonstrated a diligent effort to
conserve productive agricultural land. The applicant stated that
improvements, excluding the building, shall be removed from the site
should the Special Use Permit be vacated. The applicant also stated that
once improvements are removed from the site, the land can be returned
to agricultural production. This site is bordered by the Union Pacific
Railroad on the east, State Highway 85 on the west, a fuel transfer
station on the south, and Weld County Road 20 on the north. The
adjacent uses create an island of farmland. This site configuration is not
conducive to agricultural production.
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 Jack Walker for a Site Specific Development
Plan and Special Review Permit #1227 for an Agricultural Service Establishment
(manufacturing of animal confinement structures) 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 15
days of approval by the Board of County Commissioners.
2. Prior to recording the plat:
A. The Special Review activity shall not occur nor shall any building or
electrical permits be issued on the property until the plat for Recorded
Exemption #2454, and the Special Review plat are ready to be recorded
in the office of the Weld County Clerk and Recorder. The Recorded
Exemption was approved by Department of Planning Services staff on
April 1, 1999, to bring an illegal parcel into compliance with the State of
Colorado and Weld County's minimum lot size requirements.
B. The plat shall be amended to include the following:
1. The approved drainage and retention area.
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2. The applicant shall submit a Landscaping Plan to the Department
of Planning Services for review and approval. The Landscaping
Plan shall indicate location and species of all plant materials,
planting implementation schedule and landscape maintenance
plan in accordance with Section 24.5.1.10 of the Weld County
Zoning Ordinance.
3. State Highway 85 requires seventy-five (75) feet of right-of-way
and shall be delineated on the plat.
C. The applicant shall submit a Parking and Landscape Plan to the
Department of Planning Services for approval. This plan shall include
screening of the fenced work area from State Highway 85. The Parking
Plan shall be made in accordance with Section 41 of the Weld County
Zoning Ordinance.
D. The applicant shall work with the Weld County Public Works Department
regarding the outcome of the traffic count currently being conducted at
Weld County Road 20 and State Highway 85.
E. The applicant shall address concerns of the Fort Lupton Fire Department
and submit evidence to the Department of Planning Services that
conditions have been met.
F. Dust suppressant shall be placed on the access road and parking lot
areas at the direction of the Weld County Public Works Department.
G. State Highway 85 requires seventy-five (75) feet of right-of-way. This
right-of-way is measured from the centerline of State Highway 85 and
shall be delineated on the plat.
H. The access road shall be a minimum of twenty-four (24) feet wide to
accommodate two-way traffic. The access road shall be clearly
delineated on the plat.
K. The storm water drainage shall be routed in a southeasterly direction into
a holding pond. The holding pond shall be clearly delineated on the plat.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 23rd day of June, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
W COUNTY, C RADO
ATTEST: ALIA/ e ti.,nt
411
` ' �® Dale K all ai /
icy
Weld County Clerk to the l'<rdJIM
l ( �` iirbarp J. Kirkmeyer, P -Tem
Deputy Clerk to the Bo%O ccp%,, J''`f.�
sup]] e Georg E. B r
R D AS TO FORM: •
. J. Bile
County Attorney Glenn
.1.a.f 1����,
Glenn Vaad
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JACK WALKER
USR #1227
1. The Site Specific Development Plan and Special Use Permit is for an Agricultural Service
Establishment(manufacturing of animal confinement structures)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. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
Section 30-20-101, 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 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. An individual sewage disposal system is required for the proposed facility and shall be
installed according to the Weld County Individual Sewage Disposal Regulations. The septic
system is required to be designed by a Colorado Registered Professional Engineer
according to the Weld County Individual Sewage Disposal regulations.
9. The facility shall use the existing well for irrigation only.
10. The building and foundation shall be designed by an architect or engineer registered by the
State of Colorado.
11. Recycled asphalt base shall be used for the access road and parking area.
12. Adequate toilet facilities shall be provided for the employees.
13. The property owner or operator shall be responsible for complying with the Design
Standards of Section 24.5 of the Weld County Zoning Ordinance.
14. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance.
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DEVELOPMENT STANDARDS - JACK WALKER (USR #1227)
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15. 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 hereon and all applicable Weld County regulations.
16. 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.
17. 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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