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HomeMy WebLinkAbout960878 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Marie Koolstra 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: CASE NUMBER: Amended USR-1057 PLANNER: Chris Goranson7-1 cm NAME: Robert Wardlaw, Loving Trust _Fri� ADDRESS: 27712 Weld County Road 62, Greeley, Colorado 80631 REQUEST: A Site Specific Development Plan and Special Review permit for a feedlot(4,000 head ofetttle)' in the A(Agricultural) zone district. LEGAL DESCRIPTION: Part of the NE4 of Section 3, T5N, R64W of the 6th P.M., Weld County, Colorado. LOCATION: North of and adjacent to Weld County Road 60-1/2; west of and adjacent to Weld County Road 57. 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 and 45.1 of the Weld County Zoning Ordinance. 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 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. 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. 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. 960878 RESOLUTION, Amended USR-1057 Robert Wardlaw, Loving Trust Page 2 The Planning Commission's recommendation for approval is conditional upon the following: 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 1/2 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. 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. Motion seconded by Shirley Camenisch. VOTE: For Passage Against Passage Ron Sommer Kristie Nicklas Ann Garrison Marie Koolstra Jack Epple Arlan Marrs Shirley Camenisch Richard Kimmel 960&18 RESOLUTION, Amended USR-1057 Robert Wardlaw, Loving Trust Page 3 The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Sharyn Frazer, 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 March 19, 1996. Dated the 19th of March, 1996. Sharyn Fr __��� Secretary 960878 , SITE SPECIFIC DEVELOPMENT PLAN 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. 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 1/2 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. 960878 DEVELOPMENT STANDARDS, Amended USR-1057 Robert Wardlaw, Loving Trust Page 2 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 hereon and all applicable Weld County Regulations. 17. The Special Review area shall be limited to the plans shown hereon 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. 960878 Hello