HomeMy WebLinkAbout961146.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
#1119 FOR AN AGRICULTURAL SERVICE ESTABLISHMENT (CUSTOM FARMING)
AND TWO MOBILE HOMES FOR TEMPORARY USE AS ACCESSORY TO FARM IN
THE A (AGRICULTURAL) ZONE DISTRICT -WILLIAMS
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 June, 1996, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Patrick Williams, 26587 Weld County Road 388, Kersey, Colorado
80644, for a Site Specific Development Plan and Special Review Permit#1119 for an
agricultural service establishment (custom farming) and two mobile homes for temporary use as
Accessory to Farm in the A (Agricultural) Zone District on the following described real estate,
to-wit:
Part of the SW'/ NE% and NW'/ SE'/ of Section 9, Township 5
North, Range 64 West of the 6th P.M., Weld County, Colorado
WHEREAS, Patrick Williams, said 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. The proposed use is consistent with the Urban Growth Boundary goals
and policies of the Weld County Comprehensive Plan. The proposed use
is within three miles of the Town of Kersey. Representatives of the Town
of Kersey reviewed this proposal and found no conflicts with their
interests.
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SPECIAL REVIEW PERMIT#1119 -WILLIAMS
PAGE 2
b. This use is consistent with the intent of the A (Agricultural) Zone District
and is provided for as a Use by Special Review.
c. The uses which would be permitted will be compatible with the existing
surrounding land uses which include farm production, oil and gas
production facilities, and rural residences.
d. The attached Development Standards and Conditions of Approval will
make the proposed use compatible with future development of the
surrounding area.
e. No overlay districts affect this site.
f. A diligent effort has been made to conserve productive agricultural land in
the locational decision for the proposed use. Productive agricultural land
will not be taken out of production.
g. Special Review Permit Development Standards will provide adequate
protection of the health, safety and welfare of the inhabitants of the
neighborhood and the County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Patrick Williams for a Site Specific Development
Plan and Special Review Permit#1119 for an agricultural service establishment (custom
farming) and two mobile homes for temporary use as Accessory to 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
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.
2. 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.
3. Prior to recording the Special Review Permit plat map, the map shall be
amended to show the following:
a. The correct size of all proposed accessory structures.
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SPECIAL REVIEW PERMIT#1119 - WILLIAMS
PAGE 3
b. The applicant shall submit a waste handling plan to the Environmental
Protection Service Division of the Weld County Health Department. The
plan shall include, at a minimum, the following:
i) A list of wastes which are expected to be generated on site such
as used oil, hydraulic fluid, etc.
ii) The waste handler facility where the waste will be disposed
(include the facility name, address, and phone number).
4. Prior to the issuance of building permits on the property and prior to the start of
the operation, evidence shall be submitted to the Department of Planning
Services that the access is in compliance with the Weld County Public Works
standards for Commercial Access and the existing septic system is in
compliance with the Weld County Health Department I.S.D.S. regulations.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 24th day of June, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORA O f Waal?tl 11,f, l trtKfrkmeyeçC1
i ISOf1;
I. o% y Clerk to the Board y/
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1 e, G Baxter', Pro-T m
r it sM uty Cler o the Board
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Dale K. Hall
AP ED AS TO FO /,sZJ1n z/
Constance L. Harbert
unifAtteri-
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
PATRICK WILLIAMS
USR #1119
1. The Site Specific Development Plan and Special Review Permit is for an agricultural
service establishment (custom farming) and two mobile homes for temporary use as
Accessory to the Farm in the A (Agricultural) Zone District as submitted in the
application materials on file and subject to the Development Standards stated herein.
2. Approval of this plan may create a vested property right pursuant to Section 90 of the
Weld County Zoning Ordinance.
3. Access shall be maintained in compliance at all times with Weld County Public Works
Department standards for Commercial access.
4. All liquid and solid waste shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
5. No permanent disposal of waste shall be permitted on site.
6. Waste material shall be handled, stored, and disposed of in a manner that controls
fugitive dust, blowing debris, and other potential nuisance conditions.
7. Fugitive dust shall be controlled on site.
8. The maximum permissible noise level shall not exceed the commercial limits of 60
dB(A), as measured according to section 25-12-102, of the Colorado Revised Statutes.
9. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and
handled in a safe manner. Reference 25-8-205 Colorado Water Quality Control Act and
Rules and Regulations thereof.
10. The property shall be maintained in compliance with S.A.R.A., Title ill.
11. All equipment stored on site shall be screened by an approved screening plan from all
adjacent properties and public rights-of-way.
12. All construction on the property shall be in accordance with the requirements of the
Weld County Building Code Ordinance.
13. The property owner or operator shall be responsible for complying with the Design
Standards of Section 24.5 of the Weld County Zoning Ordinance.
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DEVELOPMENT STANDARDS -WILLIAMS (USR#1119)
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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. Personnel from the Weld County Health Department and the Weld County Department
of Planning Services shall be granted access onto the property at any reasonable time
iin order to ensure the activities carried out on the property comply with the Development
Standards stated herein and all applicable Weld County Regulations.
16. 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 Planning Commission and the Board of
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.
17. 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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