HomeMy WebLinkAbout981426.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jack Epple that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
PLANNER: Scott Ballstadt
CASE NUMBER: USR-1184
APPLICANT: J. Frank& Marian Hobbs
ADDRESS: 8590 Weld County Road 21
Fort Lupton, Colorado 80621
REQUEST: A Site Specific Development Plan and a Special Review Permit for an Agricultural Service
Establishment(an Equine Breeding, Boarding &Training Facility) in the A (Agricultural)
zone district
LEGAL DESCRIPTION: Lot B of RE-584, being part of the S1/2 S1/2 NW1/4 of Section 23, T2N,
R67W of the 6th P.M., Weld County, Colorado
LOCATION: Approximately 1/4 mile east of Weld County Road 21 and approximately 1/4 mile south of
Weld County Road 20
SIZE OF PARCEL: 9.98 acres
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.Goal2 and Policy 2 encourage commercial uses which are directly related to agriculture
to locate within Agricultural zoning when the impact to surrounding properties is minimal.
b. Section 24.3.1.2-- This proposal is consistent with the intent of the A (Agricultural) zone
district. Section 31.4.2 of the Weld County Zoning Ordinance provides 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 existing surrounding land uses include oil and gas facilities to the north,
large lot residential uses to the east and west, and agricultural/residential uses to the
south. The applicant currently has some facilities and horses existing on site. The
applicant does not propose to exceed the number of animal units allowed by right as set
forth in the Weld County Zoning Ordinance.
EXHIBIT
981426
RESOLUTION, USR-1184
Frank and Marion Hobbs
Page 2
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. The City of Fort Lupton and Town of Firestone have received the proposal
and have indicated that they have no conflicts.
e. Section 24.3.1.5--The proposal is located within the 3 mile referral boundaries of the City
of Fort Lupton and the Town of Firestone as identified by maps officially adopted by Weld
County. Both communities indicate that they have no conflict with the proposal.
f. Section 24.3.1.6-- The applicant has demonstrated a diligent effort to conserve
productive agricultural land. The subject site is not considered prime farmland and is
classified as"other land" as to farmland suitability by the USDA Soil Conservation Service
and Colorado State University Extension. Additionally, the site consists of just 9.98 acres.
No prime farm ground will be taken out of production
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) Additional parking areas to accommodate visitor and employee vehicles, including
vehicles with horse trailers. The application materials indicate that the site will be
utilized by one to five persons per week. The parking areas and drives shall have
adequate turning radii to accommodate the vehicles. (Public Works Dept.)
2) All attached development standards. (Dept. of Planning Services)
B. The applicant shall submit evidence that the existing septic system permitted by SP-9700231
has been evaluated by a Colorado Registered Professional Engineer and approved by the
Weld County Health Department in accordance with the Weld County Individual Sewage
Disposal Regulations. In the event the system is found to be inadequate, the system shall
be brought into compliance with current I.S.D.S. regulations. (Health Dept.)
r81426
RESOLUTION, USR-1184
Frank and Marion Hobbs
Page 3
3. Prior to the release of building permits for the accessory dwelling, the applicant shall submit evidence
to the Department of Planning Services that the requirements of Central Weld County Water District
have been met and that a water tap has been issued.
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. (Dept. of Planning Services)
Motion seconded by Marie Koolstra.
VOTE:
For Passage Against Passage
Christie Nicklas
Fred Walker
Stephan Mokray
Marie Koolstra
Jack Epple
Bruce Fitzgerald
The Vice-Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of
this case to the Board of County Commissioner 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 May 19, 1998.
Dated the 19th of M y, 19 8.
LOOS
Wendi Inloes
Secretary
981426
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
1. The Site Specific Development Plan and Special Use Permit is for an Agricultural Service
Establishment(an Equine Breeding, Boarding &Training Facility) in the A(Agricultural)zone district,
as indicated in the application materials on file in the Department of Planning Services and subject
to the Development Standards stated hereon. (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 accessory dwelling for an employee residence shall not be used as an income source by the
applicant for rental to persons who are not principally employed upon the lot. Should the Agricultural
Service Establishment cease operation at any time in the future and/or USR-1184 is vacated, the
accessory dwelling shall be removed from the property. (Dept. of Planning Services)
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. (Dept. of
Planning Services)
5. The arenas as delineated on the plat shall be used for training purposes and at no time shall be used
for rodeo or roping events. (Dept. of Planning Services)
6. The applicant shall remove, handle and stockpile manure from the livestock areas 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. (Dept. of Planning
Services)
7. 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.)
8. No permanent disposal of wastes shall be permitted at this site. (Health Dept.)
9. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. (Health Dept.)
10. Fugitive dust shall be controlled on this site. (Health Dept.)
11. 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.)
12. An individual sewage disposal system is required for the proposed facility. The accessory dwelling
shall be served by the existing septic system permitted by SP-9700231. Employees shall use this
system. The septic system is required to be evaluated by a Colorado Registered Professional
Engineer according to the Weld County Individual Sewage Disposal Regulations.
13. Adequate toilet facilities shall be provided for the public and employees. (Health Dept.)
14. The facility shall utilize the existing public water supply. (Health Dept.)
15. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department
of Public Health & Environment, Water Quality Control Division. (Health Dept.)
16. Noxious weeds shall be controlled at all times on the site. (Dept. of Planning Services)
981426
17. All identification signs located on the property shall adhere to Section 42.2 of the Weld County Zoning
Ordinance. (Dept. of Planning Services)
18. All proposed or existing structures will or do meet the minimum setback and offset requirements for
the zone district in which the property is located. (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. (Dept. of Planning Services)
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. (Dept. of Planning Services)
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. (Dept. of Planning Services)
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. (Dept. 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. (Dept. of Planning
Services)
981426
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, May 19, 1998
A regular meeting of the Weld County Planning Commission was held May 19, 1998, in the County
Commissioners' Hearing Room (Room#101), Weld County Centennial Building, 915 10th Street, Greeley,
Colorado. The meeting was called to order by Vice-Chair, Christie Nicklas, at 1:30 p.m.
ROLL CALL
Glenn Vaad Absent _
Fred Walker Absent o
Bruce Fitzgerald Present H kJ)
Christie Nicklas Present
Jack Epple Present
Marie Koolstra Present -44 -a
Stephan Mokray Present
Arlan Marrs Present -
Also Present: Monica Daniels-Mika, Director, Scott Ballstadt, Current Planner II, Julie Chester, Current
Planner, Gloria Dunn, Current Planner, Ben Patton, Current Planner, Department of Planning Services; Lee
Morrison, Assistant County Attorney; Don Carroll,Weld County Public Works; Sheble McConnellogue, Weld
County Health Department; Wendi Inloes, Secretary.
The summary of the last regular meeting of the Weld County Planning Commission held on May 5, 1998,was
approved as read.
CASE NUMBER: USR-1184
APPLICANT: J. Frank and Marian Hobbs
PLANNER: Scott Ballstadt
REQUEST: Site Specific Development Plan and Special Review Permit for an Agricultural Service
Establishment (an Equine Breeding, Breeding, Boarding and Training Facility) in the A
(Agricultural)zone district
LEGAL DESCRIPTION: Lot B of RE-584, being part of the S2S2NW4 of Section 23, T2N, R67W of
the 6th P.M., Weld County, Colorado
LOCATION: Approximately 1/4 mile east of Weld County Road 21 and approximately 1/4 mile south of
Weld County Road 20
Scott Ballstadt, Department of Planning Services, gave an overview of Case USR-1184. Scott read the
recommendation into the record. The Department of Planning is recommending approval of the application,
along with the Conditions of Approval and Development Standards.
Frank and Marion Hobbs, applicants, explained that they would like to breed and train horses, and are not
trying to expand in acres, but expand to where they can be profitable and legal.
Arlan Marrs, asked about the arena and if they had plans to have any type of roping events or lighting for the
arena. Mr. Hobbs stated that they have no plans to do so at this time.
The Vice-Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Vice-Chair asked the Hobbs if they were and in agreement with the Conditions of Approval and
Development Standards. The Hobbs were in agreement.
Bruce Fitzgerald asked Don Carroll about the road way into the property not being maintained. Don stated
that the main access off of Weld County Road 21, is a privately maintained access or easement, and Weld
County does not maintain private lanes or easements.
4 IXHIXIT
981428 _
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION
May 19, 1998
Page 2
Jack Epple moved that Case USR-1184, be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. Marie Koolstra seconded the motion.
The Vice-Chair asked the secretary to poll the members of the Planning Commission for their decision. Arlan
Marrs,yes; Marie Koolstra,yes;Christie Nicklas,yes; Stephan Mokray,yes; Bruce Fitzgerald,yes;Jack Epple,
yes. Motion carried unanimously.
CASE NUMBER: USR-1185
APPLICANT: Dana and DeeAnn Patten
PLANNER: Julie A. Chester
REQUEST: A Site Specific Development Plan and Special Review Permit for a Commercial Mechanic's
Repair Shop
LEGAL DESCRIPTION: , Part of the NW4SW4 of Section 21, T4N, R66W of the 6th P.M., Weld
County, Colorado
LOCATION: East of Weld County Road 29 and south of State Highway 256
Julie Chester, Department of Planning Services, gave an overview of application. Julie stated there have
been changes made to Development Standard#9, on the wording of light industrial to residential. Julie than
read the recommendation into the record. The Department of Planning of Services is recommending approval
of the application.
Christie Nicklas noted there are two number nine Development Standards. The change will be made with
subsequent renumbering.
Dana and DeeAnn Patten, applicants, had a question on reference to the driveways. Mr. Patten would like
to keep the business access separate from the residential access, because of concerns with children playing
in the area. They are willing to close one of the accesses.
Don Carroll, stated that after visiting the site, there is an existing circle drive in place, and the applicants are
asking for an additional access north of the circle drive. Pubic Works was asking that the new access not be
granted, and to try to utilize the north end of the circle drive to minimize access points. After speaking with
Julie Chester, the applicants had indicated that they are willing to close the north portion of the circle drive.
They would swap out the north access for a new proposed access to be used for the business and residential
parcels. Christie asked Don what their recommendation would be. Don stated that he is agreeable to minimize
the circle drive. The applicants stated they would prefer to close the south access.
Changes to Conditions of Approval#2 and Development Standard #17 were made, along with the addition
of Condition of Approval#3C.
Arlan Marrs commented that he has seen repair type shops, and they are a valued addition to the agricultural
area, but that sometimes they get a junky appearance. He asked Mr. Patten what type of plan they have
to eliminate this. Mr. Patten explained that they are planning on placing a privacy fence on the backside of
the building to store any used parts, and most vehicles will be left inside of the garage.
The Vice-Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Vice-Chair asked the applicants if they were in agreement with the Conditions of Approval and
Development Standards, along with the changes. The Pattens were in agreement.
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