HomeMy WebLinkAbout961581.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW
PERMIT#1120 FOR AN AGRICULTURAL SERVICE ESTABLISHMENT
(EQUESTRIAN CENTER AND RANCH) IN THE A (AGRICULTURAL) ZONE
DISTRICT - DON AND LINDA OWENS
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 11th day
of September, 1996, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Don and Linda Owens, 9797 Coalton Drive, Louisville, Colorado
80027, for a Site Specific Development Plan and Special Review Permit#1120 for an
agricultural service establishment (equestrian center and ranch) in the A (Agricultural) Zone
District on the following described real estate, to-wit:
Part of the SE1/4 of Section 9, Township 2 North,
Range 67 West of the 6th P.M., Weld County, Colorado
WHEREAS, Don Owens, 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. This proposal is consistent with the Weld County Comprehensive Plan
and is provided for as a Use by Special Review.
B. The proposal is consistent with the intent of the district in which the use is
located.
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SPECIAL REVIEW PERMIT#1120 - DON AND LINDA OWENS
PAGE 2
C. The use will be compatible with future development of the surrounding
area and with future development as projected by the Weld County
Comprehensive Plan. The surrounding land uses are predominantly
agricultural in nature.
D. The site does not lie within any of the Overlay Districts in Sections 50
through 54 of the Weld County Zoning Ordinance, as amended.
E. The applicant has demonstrated that a diligent effort has been made to
conserve productive agricultural land in the locational decision for the
proposed use. The applicant states all existing and proposed structures
are and will be located on non-irrigated, non-prime farmland.
F. The Conditions of Approval and Development Standards will ensure
adequate provision 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 Don and Linda Owens for a Site Specific
Development Plan and Special Review Permit#1120 for an agricultural service establishment
(equestrian center and ranch) 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 facility shall be maintained in compliance with the Confined Animal Feeding
Operation Regulations (6CCR 1002-19) and Section 47 of the Weld County
Zoning Ordinance, as amended, and remain in compliance pending final
consideration and approval of this Use by Special Review Permit.
2. The septic system which will serve the indoor arena shall be designed by a
Colorado Registered Professional Engineer according to the Weld County
Individual Sewage Disposal System regulations.
3. One access is allowed to the facility from Weld County Road 22. This access
point shall be wide enough to accommodate horse trailers and farm machinery
with an adequate turning radius and sight distance as stated in a referral by the
Public Works Department, dated June 26, 1996.
4. 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
plat shall be delivered to the Department of Planning Services and ready for
recording in the Weld County Clerk and Recorder's Office within 15 days of
approval by the Board of County Commissioners.
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SPECIAL REVIEW PERMIT#1120 - DON AND LINDA OWENS
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5. 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.
6. Prior to recording the plat, the applicant shall submit a copy of the surface use
agreement with Gerrity Oil and Gas Corporation, a wholly owned sibsidiary of
Patina Oil, regarding access to the Eckstine v19-15 well.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 11th day of September, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
4uLtWELD COUNTY, COLORADO 10.7v-,! . II; LI/ Adif,.1,� .' . • Barbara J. Kirkmeyer, Chair
1861 —. ET ty Clerk to the Board ///
try
O® Rta. —..i��� / L )'7 p �l J e E. Baxter, Pro Tem
c,
Deputy Clerl� the Board 1
Dale Hall
AP D AS T �� s « C—i \ �'✓-ii����
Constance L. Harbert
o my Attorn y
W. H. Webster
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DON AND LINDA OWENS
USR#1120
1. The Site Specific Development Plan and Special Review Permit is for an agricultural
service establishment (equestrian center and ranch) in the A (Agricultural) Zone District,
as indicated in the application materials on file.
2. Approval of this plan may create a vested property right pursuant to Section 90 of the
Weld County Zoning Ordinance.
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 manure storage site shall have a water-tight surface which does
not permit seepage or percolation of manure pollutants into the ground.
4. The facility shall be maintained in compliance with the Confined Animal Feeding
Operation Regulations (6CCR 1002-19) and Section 47 of the Weld County Zoning
Ordinance.
5. All liquid and solid wastes shall be stored and removed for final disposal in a manner
that protects against surface and groundwater contamination.
6. No permanent disposal of wastes shall be permitted at this site.
7. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, blowing debris, and other potential nuisance conditions.
8. Fugitive dust shall be controlled on this site.
9. The maximum permissible noise level shall not exceed the commercial limit of 60 db(A),
as measured according to 25-12-102, Colorado Revised Statutes.
10. Suitable chemical and scientific controls shall be provided for rodent and insect control
as approved by the Weld County Health Department.
11. Feed bunks, water tanks, feeding devices, and associated aprons shall be approved by
the Weld County Health Department.
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DEVELOPMENT STANDARDS - OWENS (USR #1120)
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12. Adequate mechanical means for scraping, grading and cleaning of the property shall be
provided at all times. The method of scraping, grading and cleaning shall be approved
by the Weld County Health Department.
13. Drainage facilities or improvements shall be constructed to protect any adjacent rivers,
streams, or other bodies of water from pollution as approved by the Weld County Health
Department.
14. All runoff retention and containment facilities shall meet and be maintained in
accordance with the State Health Department's Guidelines of Feedlot Runoff
Containment Facilities. The property owner shall be responsible for any additional
requirements issued by the Colorado Department of Health, Water Quality Control
Division, or the Weld County Health Department.
15. Groundwater monitoring wells constructed to Weld County Health Department
standards may be required to evaluate impacts on the groundwater table. The number,
placement, and monitoring of wells shall be determined by the Weld County Health
Department, if required.
16. Uses on the property shall comply with the Colorado Air Quality Commission's air quality
regulations.
17. All associated liquid and solid wastes shall be stored and removed for final disposal in a
manner that protects against surface and groundwater contamination. The method of
disposal shall be approved by the Weld County Health Department.
18. All animals shall be cared for in a humane and sanitary manner as approved by the
Colorado State University's Extension Agent and the Weld County Health Department.
19. All construction on the property shall be in accordance with the requirements of the
Weld County Building Code Ordinance.
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.
21. 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.
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 herein and all applicable Weld County Regulations.
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DEVELOPMENT STANDARDS - OWENS (USR#1120)
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23. The Special Review area shall be limited to the plans shown herein and governed by the
foregoing standards and all applicable Weld County regulations. Major 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 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.
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.
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