HomeMy WebLinkAbout981642.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
#1192 (AMENDED SUP #177) FOR A TREATED WATER STORAGE TANK AND
FUTURE TOWER SITE - LITTLE THOMPSON WATER DISTRICT
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 god day of
September, 1998, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of the Little Thompson Water District, 835 East Highway 56, Drawer G,
Berthoud, CO 80513, for a Site Specific Development Plan and Special Review Permit#1192
(Amended SUP #177) for a Treated Water Storage Tank and Future Tower Site on the
following described real estate, to-wit:
Part of the NE% of Section 4, Township 4 North,
Range 68 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was represented by Dean Klingner, The Engineering
Company, 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. Section 24.4.2.1 -- This proposal is consistent with the Weld County
Comprehensive Plan, as amended. A.Goal 6 of the Comprehensive Plan
states that public facilities and services such as sewer, water, roads,
schools, and fire and police protection must be provided and developed in
a timely, orderly, and efficient manner to support the transition of
agricultural land to urban development. The expansion of public facilities
and services into predominantly rural agricultural areas, when the
expansion conflicts with other existing goals and policies, will be
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SPECIAL REVIEW PERMIT#1192 (AMENDED SUP #177) - LITTLE THOMPSON WATER
DISTRICT
PAGE 2
discouraged. In evaluating a land-use application, Weld County
representatives and the applicant will consider the public facilities and
services goals and policies. This facility currently consists of a 2.5 million
gallon water tank. The addition of the 5.0 million gallon tank does not
take any prime farm ground out of production and is consistent with the
public facilities and services goals and policies. Soils on the Special
Review Permit site are classified as "other lands" by the U.S.D.A. Soil
Conservation Service. The location of the Special Review Permit area
and the attached Conditions of Approval and Development Standards
make the proposed use consistent with the Weld County Comprehensive
Plan's Agricultural, Environmental Quality and Public Facilities Goals and
Policies.
b. Section 24.4.2.2 -- This proposal is consistent with the intent of the
A (Agricultural) Zone District. Section 31.4.4 of the Weld County Zoning
Ordinance provides for public utilities facilities including Major Facilities of
Public Utilities, as a Use by Special Review in the A (Agricultural) Zone
District.
c. Section 24.4.2.3 -- The proposal is consistent with Section 24.4.2.3 of the
Weld County Zoning Ordinance, as amended and will be compatible with
future development of the surrounding area. The proposal is compatible
with the existing surrounding land uses and with the future development
of the surrounding area as permitted by the existing Weld County Zoning
Ordinance and the Weld County Comprehensive Plan. The surrounding
land uses include agricultural uses, residences and a large dairy.
d. Section 24.4.2.4 -- The proposed uses 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 Town
of Johnstown did not return their referral comments and Larimer County
indicated no conflict with their interests
e. Section 24.4.2.5 -- The proposal is not located within the Overlay District
Areas identified by maps officially adopted by Weld County.
f. Section 24.4.2.6 -- The applicant has demonstrated a diligent effort to
conserve productive agricultural land. The proposed use is not located
in an area designated as prime farm ground, therefore no productive farm
ground is being taken out of production. The property in which the new
5.0 million gallon tank is to be located is on a large hill and does not
appear to be farmed at this time.
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SPECIAL REVIEW PERMIT#1192 (AMENDED SUP#177) - LITTLE THOMPSON WATER
DISTRICT
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g. Section 24.4.2.7 -- 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 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 the Little Thompson Water District for a Site
Specific Development Plan and Special Review Permit#1192 (Amended SUP #177) for a
Treated Water Storage Tank and Future Tower Site 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
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 30
days of approval by the Board of County Commissioners.
2. Prior to recording the plat:
A. A detailed landscaping plan identifying the number, size and species of
landscaping/buffering materials, shall be submitted to the Department of
Planning Services for review and approval. The plan shall also address
maintenance of the landscaping materials and potential replacement of
dying materials. The approved plan shall be delineated on the plat map.
B. The applicant shall provide adequate toilet facilities (Port-A-Potty) during
the construction of the facility.
C. The applicant shall delineate on the plat, a traffic circulation plan
throughout the site and adequate parking to accommodate all users.
D. The proposed access to the facility shall be graded and drained for all
weather access. The existing access shall be abandoned.
E. The applicant shall submit a Storm Water Drainage Plan to the
Department of Public Works for review and approval. An approved copy
of this plan shall be submitted to the Department of Planning Services.
F. The applicant shall submit a complete Subdivision Exemption application
for review by the Department of Planning Services.
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SPECIAL REVIEW PERMIT#1192 (AMENDED SUP #177) - LITTLE THOMPSON WATER
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3. 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.
4. The Site Specific Development Plan and Use by Special Review Permit shall be amended
to include the specific details of the proposed "multi-use" tower, at the time it is to be built.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 2n° day of September, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
W COUNTY, COLORADO
ATTEST:
L 4, Constance L. Harbert, Chair
Weld County Clerk tot B10412
'
timv W. . ster, Pro-Tgm
Deputy Clerk tot = c . ' 4, ��i� - C ;r-ic
e�orge E. Baxter
D A F RM: `C V
Dale T . all ;
i
unty Att me ` 4i/tic/chi— J 5,oci iu y!�
arbara J. Kirkmeyer
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LITTLE THOMPSON WATER DISTRICT
USR #1192 (AMENDED SUP #177)
1. The Site Specific Development Plan and Special Use Permit is for a Treated Water
Storage Tank and Future Tower Site 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.
2. Approval of this plan may create a vested property right pursuant to Section 90 of the
Weld County Zoning Ordinance, as amended.
3. No permanent disposal of wastes shall be permitted at this site.
4. Fugitive dust shall be controlled on this site.
5. The water system shall comply with the requirements for a community water system as
defined in the Primary Drinking Water Regulations (5CCR1003-1).
6. The applicant shall provide adequate toilet facilities (Port-A-Potty's) during the
construction of the facility.
7. The landscaping on site shall be maintained in accordance with the approved
landscaping plan.
8. There shall be no staging or parking along Weld County Road 7. All parking, loading
and off-loading shall be on-site.
9. The access road shall be maintained by the operator to support the imposed loads of
fire apparatus and shall be provided with a surface so as to provide all-weather driving
capabilities.
10. The maximum permissible noise level shall not exceed the residential limit of 55 db(A),
as measured according to Section 25-12-102, C. R. S., as amended.
11. All construction on the property shall be in accordance with the Weld County Building
Code Ordinance.
12. 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.
13. 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.
14. Personnel from the Weld County Health Department and Weld County Planning
Department 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 - LITTLE THOMPSON WATER DISTRICT (USR #1192)
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15. 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 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.
16. 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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