HomeMy WebLinkAbout960744 RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED SPECIAL REVIEW
PERMIT #1057 FOR A FEEDLOT (4,000 HEAD OF CATTLE) IN THE
A (AGRICULTURAL) ZONE DISTRICT - ROBERT WARDLAW, LOVING TRUST
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 24th day of
April, 1996, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Robert Wardlaw, Loving Trust, 27712 Weld County Road 62, Greeley, Colorado
80631, for a Site Specific Development Plan and Amended Special Review Permit #1057 for a
feedlot (4,000 head of cattle) in the A (Agricultural) Zone District on the following described real
estate, to-wit:
Part of the NE% of Section 3, Township 5 North, Range 64
West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by Tom Collins 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.
960744
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AMENDED SPECIAL REVIEW PERMIT#1057 - ROBERT WARDLAW, LOVING TRUST
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. Surrounding land uses are residential development
and agricultural production.
d. The site does not lie within any of the overlay districts.
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.
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 Robert Wardlaw, Loving Trust, for a Site Specific
Development Plan and Amended Special Review Permit#1057 for a feedlot (4,000 head of cattle)
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 access shall be from Weld County Road 62 via the driveway along the west
entrance to the homestead and feedlot area. No feedlot access will be allowed from
Weld County Road 60.5 to the facility.
2. Prior to recording the plat:
a. Adequate evidence that the screening plan has been planted shall be
submitted to the Department of Planning Services.
b. The screening shall be delineated on the plat.
c. A soil nutrient test shall be conducted in accordance with a letter dated
February 26, 1996, by Frank R. Riggle, Resource Conservationist for the
West Greeley Soil Conservation District. A copy of this test shall be
submitted to the Department of Planning Services.
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AMENDED SPECIAL REVIEW PERMIT#1057 - ROBERT WARDLAW, LOVING TRUST
PAGE 3
3. 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.
4. 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 24th day of April, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
: 4.041/Mot ,t,-.2p.) / J/ ''‘__ \ /1„.1 i /1__//-, /, ,
, � �Barbar J. Kirkmeyer, C)air
1861 'C4 1 I C my Clerk to the Board
� v ° / , ey.Baxter, Pr -Te
Deputy Clerk o he Board
Dale K. Hall
APP DASTOFO (1,O-',-)-_- _-,---,...„-__> ,_ L1< '_
Constance L. Harbert
2ounty Attorney / 4t`% ! 2 / . 1
W. H:Webster —�
960744
PL0973
SITE SPECIFIC DEVELOPMENT PLAN
AMENDED SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ROBERT WARDLAW, LOVING TRUST
AMENDED USR#1057
1. The Site Specific Development Plan and Special Review Permit is for a feedlot (4,000
cattle) in the A (Agricultural) Zone District as indicated in the application materials.
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld
County Zoning Ordinance.
3. Annual soil nutrient tests shall be conducted in accordance with a letter dated February 26,
1996, by Frank R. Riggle, Resource Conservationist for the West Greeley Soil Conservation
District. In the event the 27-acre field cannot be irrigated or the soil tests indicate a high
level of nutrients, the applicant shall have the capability to pump the waste to adjacent fields
and/or truck off site.
4. 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.
5. The facility shall maintain compliance with the Confined Animal Feeding Operations Control
Regulations and Weld County Zoning Ordinance Livestock Feeding Performance
Standards, Section 47.
6. The facility shall maintain compliance with the Supplementary Regulations for Livestock
Confinement Operations (LCO) in the Weld County Zoning Ordinance, Section 45.1.
7. All liquid and solid wastes shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
8. Fugitive dust shall be controlled on this site.
9. No permanent disposal of wastes shall be permitted at this site.
10. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
11. All potentially hazardous chemicals must be stored and handled in a safe manner.
Reference 25-8-205.5 Colorado Water Quality Control Act and Rules and Regulations
thereof.
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DEVELOPMENT STANDARDS-ROBERT WARDLAW, LOVING TRUST(AMENDED USR#1057)
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12. The access shall be from Weld County Road 62 via the driveway along the west entrance
to the homestead and feedlot area. No feedlot access will be allowed from Weld County
Road 60.5 to the facility.
13. All construction on the property shall be in accordance with the requirements of the Weld
County Building Code 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.
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. 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.
17. 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.
18. 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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