HomeMy WebLinkAbout991821.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
#1232 FOR A GUEST FARM IN THE A (AGRICULTURAL) ZONE DISTRICT - JAMES
ANDERSON AND MIKE SMITH, % THOMAS HAREN, ENVIRO STOCK, INC.
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 28th day
of July, 1999, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of James Anderson and Mike Smith, % Thomas Haren, Enviro Stock, Inc.,
11990 Grant Street, Suite 402, Denver, Colorado 80233, for a Site Specific Development Plan
and Special Review Permit#1232 for a Guest Farm in the A (Agricultural) Zone District on the
following described real estate, to-wit:
Lot A of Recorded Exemption #281 located in the
NE% and the E% NW%, and part of N% SE% of
Section 32, Township 2 North, Range 68 West of
the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by Thomas Haren, Enviro Stock, Inc., 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 --A.Goal 2 allows 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
agricultural nature of the property is an important part of the business,
aspects of which will be used in many of the activities. Because no
homes are in close proximity to where the majority of the use will occur
991821
Cr: Pc, 4L` Mil. PL1322
SPECIAL REVIEW PERMIT #1232 - JAMES ANDERSON AND MIKE SMITH, % THOMAS
HAREN, ENVIRO STOCK, INC.
PAGE 2
little impact will be felt by the surrounding property owners. Although
there is limited water available for fire protection, the size of the events
will be limited by what is available.
b. Section 24.4.2.2 -- Section 31.4.3 of the Weld County Zoning Ordinance
allows for guest farms as a Use by Special Review in the A (Agricultural)
Zone District.
c. Section 24.4.2.3 -- Surrounding properties include agricultural uses with
limited residences. The only homes within close proximity lie on the east
side of the parcel where little activity will occur.
d. Section 24.4.2.4 -- The proposed use is within the three mile referral area
of the Towns of Erie and Frederick and the City of Dacono. The City of
Dacono and Town of Erie did not respond to the referral. The Town of
Frederick found no conflicts with its interests.
e. Section 24.4.2.5 -- The proposal is not located within the Overlay District
Areas identified by maps officially adopted by Weld County. The site does
not lie within the Mixed Use Development area or the Ordinance #201
Intergovernmental Agreement Area.
f. Section 24.4.2.6 -- The site is designated as "Prime" by the USDA Soil
Conservation Service. The proposed use will not remove any additional
agricultural land from production. The agricultural activities on the
property are an important part of the proposed use.
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 James Anderson and Mike Smith, % Thomas
Haren, Enviro Stock, Inc., for a Site Specific Development Plan and Special Review
Permit#1232 for a Guest Farm 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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PL1322
SPECIAL REVIEW PERMIT #1232 - JAMES ANDERSON AND MIKE SMITH, % THOMAS
HAREN, ENVIRO STOCK, INC.
PAGE 3
2. Prior to recording the plat:
A. The shop/barn facility shall provide adequate toilet facilities for the public
in accordance with the 1997 Uniform Building Code. The septic system
shall be designed by a Colorado Registered Professional Engineer for a
hydraulic load for up to 200 people and any wastewater generated from
the food service portion of the facility. The design shall be submitted to
the Weld County Department of Public Health and Environment,
Environmental Health Services Division, and a septic permit obtained. All
Weld County ISDS regulations apply. Evidence of approval from the
Weld County Department of Public Health and Environment shall be
submitted to the Department of Planning Services.
B. The applicant shall submit for review a Parking and Traffic Circulation
Plan throughout the site to accommodate all users, including tour buses.
This plan shall include an alternative to secondary parking when the
alfalfa field is at a stage where parking would damage the crop. Evidence
of Public Works Department approval shall be submitted to the
Department of Planning Services. The Parking and Traffic Circulation
Plan shall be delineated on the plat.
C. Blueprints of the existing building to be used as a dining room and dance
floor shall be submitted to the Building Inspection Department for review.
The blueprints shall be amended to show each room and its use and
accessible bathrooms and entrances. The applicant shall submit
evidence of approval by the Building Inspection Department to the
Department of Planning Services. This approval shall also include the
number of people allowed to use the facility to meet the requirements of
the Building Code Ordinance.
D. The applicant shall attempt to meet the requirements of the Mountain
View Fire Protection District.
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.
991821
PL1322
SPECIAL REVIEW PERMIT#1232 - JAMES ANDERSON AND MIKE SMITH, % THOMAS
HAREN, ENVIRO STOCK, INC.
PAGE 4
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 28th day of July, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
W COUNTY, CO ORA O
ATTEST: 4411/
t4* \ Dales. all, Chair
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Weld County Clerk tot "B• : info, hALJJ
-4,40arbor J. Kirkmeyer, r -Tem
BY: Cori ' ' • ►�y�•,% Yom" � i J `>
Deputy Clerk to the »�' U N `" �- <' ��'
Georg Baxter
1 q
APPROVED AS TO FORM: /
J. ei
{C anty Attorney %W.
W.
Glenn Vaad
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JAMES ANDERSON AND MIKE SMITH
% THOMAS HAREN, ENVIRO STOCK, INC.
USR#1232
1. The Site Specific Development Plan and Special Use Permit is for a Guest Farm 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. No permanent disposal of wastes shall be permitted at this site.
4. Fugitive dust shall be controlled on this site.
5. The facility shall be served by the public water source.
6. The facility shall utilize portable toilets to temporarily supplement the toilet facilities for large
groups greater than 200 people.
7. 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.
8. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
9. The maximum permissible noise level shall not exceed the commercial limit of 60 db(A), as
measured according to Section 25-12-102, C.R.S.
10. The facility shall comply with the Colorado Retail Food Establishment Rules and
Regulations governing the regulation of food service establishments.
11. Ingress and egress to the facility shall be from the existing access along Weld County
Road 3.25.
12. New structures, including foundations, will need to be designed by an architect or engineer
licensed by the State of Colorado.
13. All construction on the property shall be in accordance with the Weld County Building Code
Ordinance.
14. The number of people allowed to use the dinner/dance hall facility shall not exceed the
amount approved by the Weld County Building Inspection Department.
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DEVELOPMENT STANDARDS - JAMES ANDERSON AND MIKE SMITH, C/O THOMAS
HAREN, ENVIRO STOCK, INC. (USR #1232)
PAGE 2
15. Prior to the sale of any alcoholic beverages the applicant shall apply for and receive all
appropriate licenses.
16. The rules and regulations of the Colorado Department of Revenue, Liquor Enforcement
Division, must be followed for any liquor allowed on site.
17. The property owner or operator shall be responsible for complying with the Design
Standards of Section 24.5 of the Weld County Zoning Ordinance.
18. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance.
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 applicant must obtain a Temporary Assemblage Permit in compliance with
Ordinance #85 for any activity including more than 499 participants at any one time,
providing no overnight camping is authorized by this Development Standard.
21. 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.
22. 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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