HomeMy WebLinkAbout990476.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Arlan Marrs that the following resolution be introduced for passage by the Weld County Planning
Commission, along with the changes to Condition of Approval#2d, addition of Development Standard#25,
addition of Condition of Approval#2C, and change in Development Standard#14. Be it resolved by the Weld
County Planning Commission that the application for:
CASE NUMBER: USR-1205 3
APPLICANT: Megan Harper r
n iy r7
ADDRESS: 3867 WCR 19, Ft. Lupton, CO 80621 4
PLANNER: Julie A. Chester i
REQUEST: A Site Specific Development Plan and a Special Review Permit for an Agricultural Sejce
Establishment primarily engaged in Animal Training and a Boarding Facility in the Agricultural
Zone District
LEGAL DESCRIPTION: Lot B of RE-1687, being part of the N2/NE4 of Section 16, T1 N, R67W of
the 6th P.M., Weld County, Colorado
LOCATION: West of and adjacent to WCR 19 South of WCR 10
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 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 amended, as follows:
a. Section 24.3.1.1 --This proposal is consistent with the Weld County Comprehensive Plan.
A.Goal 1. of the Weld County Comprehensive Plan strives to preserve prime farmland for
agricultural purposes which foster the economic health and continuance of agriculture. The
proposed agricultural-related facility will not take any land out of production.
b. Section 24.3.1.2 -- This proposal is consistent with the intent of the A (Agricultural) zone
district. Section 31.4.2 allows for Agricultural Service establishments primarily engaged in
performing agricultural, animal husbandry, or horticultural services on a fee or contract basis,
including; animal training and boarding facilities as a Use by Special Review in the
Agricultural Zone District.
c. Section 24.3.1.3--The uses proposed will be compatible with the existing surrounding land
uses. The surrounding land uses include one residence to the north, agricultural uses and
a large Oil and Gas facility to the east.
d. Section 24.3.1.4 -- The uses proposed 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. This proposal is located within the Urban Growth Boundary of Dacono. The
Towns of Dacono and Frederick are both approximately two miles from this proposal. The
Town of Dacono did not respond in a referral response and the Town of Frederick responded
with no conflicts with their interests.
EXHIBIT
990476
lISO-# ,7MF'
RESOLUTION, USR-1205
Harper
Page 2
a Section 24.3.1.5 -- The proposal is not located within any of the Overlay District Areas
identified by maps officially adopted by Weld County.
f. Section 24.3.1.6 --The applicant has demonstrated a diligent effort to conserve productive
agricultural land. The property in which the proposal is located is considered prime farm
ground, if irrigated and other lands as described on the U.S.D.A. Soils map. There is no
irrigation water associated with this parcel, thus it is not considered prime farm ground. The
parcel will maintain a pasture area and will be maintaining agricultural uses associated with
training and boarding horses.
g. 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 15 days of approval by the Board of County Commissioners. (Dept. of Planning
Services)
2. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) All attached development standards. (Dept. of Planning Services)
2) The residence located on Lot A of RE-1687. (Dept. Of Planning Services)
3) The 40 feet of right-of-way, from the center line of WCR 19, for a total of 80 feet.
There is presently 60 feet of right-of-way. All setbacks shall be measured from the
future right-of-way line. (Public Works)
4) Additional parking area to be extended to the edge of the indoor arena/barn area or
other approved location. (Public Works)
B. The applicant shall submit a manure management plan to the Weld County Health
Department for review and approval. The plan shall describe how manure generated on site
will be stored, managed, removed, land applied, etc. (Weld County Health Department)
C. The applicant shall submit evidence from the Colorado Division of Water Resources of an
adequate water supply for the proposed use.
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)
390 y7�
RESOLUTION, USR-1205
Harper
Page 3
Motion seconded by Stephan Mokray.
VOTE:
For Passage Against Passage
Cristie Nicklas
Fred Walker
Stephan Mokray
Marie Koolstra
Jack Epple
Bruce Fitzgerald
Michael Miller
Arlan Marrs
The Chairman 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, Wendi Inloes, 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 December 15, 1998.
Dated
�the 15th of ce ber, 1998.
ta
Wendi Inloes
Secretary
62q y76,
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Megan Harper
USR-1205
1. The Site Specific Development Plan and Special Review Permit is for an Agricultural Service
Establishment primarily engaged in Animal Training and a Boarding Facility in the Agricultural Zone
District. (Dept. of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County
Zoning Ordinance, as amended. (Dept. of Planning Services)
3. 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
any manure storage area 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 Operation Control Regulations (5 CCR 1002-19). (Health Dept.)
4. The facility shall maintain compliance with the Confined Animal Feeding Operation Control
Regulations and the Weld County Zoning Ordinance. (Health Dept.)
5. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination. (Health Dept.)
6. No permanent disposal of wastes shall be permitted at this site. (Health Dept.)
7. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. (Health Dept.)
8. Fugitive dust shall be controlled on this site. (Health Dept.)
9. 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.)
10. Adequate toilet facilities shall be provided for the public. (Health Dept.)
11. An individual sewage disposal system is required for each of the proposed structures (mobile home
and indoor arena/barn) and shall be installed according to the Weld County Individual Sewage
Disposal Regulations. The septic system for the indoor arena/barn shall be designed by a Colorado
Registered Professional Engineer according to the Weld County Individual Sewage Disposal
Regulations. The restrooms in the arena/barn shall be available for patron usage. (Health Dept.)
12. In the event more than 25 people are daily served by the on-site well and water supply, the water
system shall comply with the requirements for a non-community water system as defined in the
Primary Drinking Water Regulations (5 CCR 1003-1). (Health Dept.)
13. There shall be no staging or parking of vehicles or trailers along Weld County Road 19 at the facility.
(Dept. of Planning Services & Public Works Dept.)
14. The hours of operation are 7:00 a.m. to 9:00 p.m., Monday through Sunday as proposed in the
application materials. (Dept. of Planning Services)
`170g71'
15. The number of animal units on site must not exceed the number allowed by right in the Agricultural
Zone District. For a parcel of 27 acres, the number of animals units allowed by right is 108. (Dept.
of Planning)
16. The existing mobile home on site is permitted as an accessory farm use. All mobile homes permitted
as accessory farm uses are temporary. Allowance of the mobile homes shall be extended only if the
use continues to be in conformance with the criteria set out in Section 43.2.3.1.1 of the Weld County
Zoning Ordinance. The mobile homes shall be removed from the property upon the cessation of the
use of the mobile home as an accessory farm use or at any such time as the mobile home is used
for other than the allowed use. (Dept. of Planning)
17. Noxious weeds shall be controlled at all times on the site. (Dept. of Planning Services)
18. All identification signs located on the property shall adhere to Section 42.2 of the Weld County Zoning
Ordinance. (Dept. of Planning Services)
19. All construction on the property shall be in accordance with the requirements of the Weld County
Building Code Ordinance. (Building Inspection Dept.)
20. 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.
21. 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.
22. 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.
23. 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.
24. 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.
25. All future proposed uses on the facility shall maintain compliance with all the Uniform Baseline
Standards as described in Ordinance 201, with exception of the height requirement for accessory
structures.
Hello