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HomeMy WebLinkAbout990439.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED SPECIAL REVIEW PERMIT#1191 FOR AN AGRICULTURAL SERVICE ESTABLISHMENT IN THE A (AGRICULTURAL) ZONE DISTRICT - ROBERT AND TIMOTHY FELTE 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 17th day of February, 1999, in the Chambers of the Board for the purpose of hearing the application of Robert and Timothy Felte, 6776 Weld County Road 74, Windsor, Colorado 80550, for a Site Specific Development Plan and Amended Special Review Permit#1191 for an Agricultural Service Establishment in the A (Agricultural) Zone District on the following described real estate, to-wit: Lot A of Recorded Exemption #902, part of the SW 1/4 of Section 10, Township 7 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing the Board deemed it advisable to continue said matter to March 8, 1999, at 10:00 a.m., to allow adequate time for publishing a corrected notice, and WHEREAS, at said hearing on March 8, 1999, the applicant was present, 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 --A.Goal 2 in the Comprehensive Plan allows for commercial and industrial uses which are directly related to or dependent upon agriculture to locate within Agricultural zoning when the impact to surrounding properties is minimal, and where adequate services and infrastructure are available. The proposed use is primarily to manufacture and assemble agricultural implements and to repair and sell farm machinery and other agricultural products including seeds. This use 990439 App PL1269 AMENDED SPECIAL REVIEW PERMIT#1191 - ROBERT AND TIMOTHY FELTE PAGE 2 has minimal impacts on surrounding properties. A.Goal 1 encourages the preservation of prime farmland for agricultural purposes which foster the economic health and continuance of agriculture. This proposal is located on a small parcel of land that has been used historically as an onion storage facility. Therefore, no prime farmground is taken out of production. b. Section 24.4.2.2 -- Section 31.4.2 of the Weld County Zoning Ordinance provides for Agricultural Service establishments, including; farm equipment sales, repair, and installation facilities and seed production, processing, storage, mixing, blending and sale of seeds. The proposal is consistent with the intent of the A (Agricultural) Zone District, as this establishment will serve the surrounding Agricultural community. c. Section 24.4.2.3 -- Surrounding land uses include residential uses and vacant agricultural land. The Conditions of Approval and Development Standards ensure the impacts to surrounding properties are minimal. d. Section 24.4.2.4 -- This proposal is located within the referral area of the Towns of Ault and Pierce; however, it is not within those Urban Growth Boundaries. Both Towns responded with no conflicts 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 site in which this use is proposed is 1.73 acres in size and has been historically used as an onion storage facility and has not been farmed. g. Section 24.4.2.7 -- The Design Standards (Section 24.5 of the Weld County Zoning Ordinance), Operation Standards (Section 24.6 of the Weld County Zoning Ordinance), 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 Robert and Timothy Felte for a Site Specific Development Plan and Amended Special Review Permit#1191 for an Agricultural Service Establishment 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 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 60 days of approval by the Board of County Commissioners. 990439 PL1269 AMENDED SPECIAL REVIEW PERMIT#1191 - ROBERT AND TIMOTHY FELTE PAGE 3 2. Prior to recording the plat: A. The plat shall be amended to delineate the following: 1) The approved Landscaping Plan for Special Review Permit #1191. 2) The approved Drainage Plan and retention area for Special Review Permit#1191. 3) The reduced width of the driveway to 35 feet and increased radii, to accommodate larger vehicle types. 4) To add the word "ownership" to the City of Thornton properties surrounding the proposal. B. The attached Development Standards shall be placed on the plat. 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. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of March, A.D., 1999. BOARD OF COUNTY COMMISSIONERS COUNTY, COL AD ATTEST: c Dale K. Hall, Chair Weld County Clerk to t / / f i arbar J. Kirkmeyer, r Tem BY: f� �� Deputy Clerk to the B�tK�I/r, t l``�'' `�% � George'E. Baxter R ED A O FORM: EXCUSED M. J. Geile u Attorney 1/= Glenn Vaad 990439 PL1269 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS ROBERT AND TIMOTHY FELTE AMENDED USR #1191 1. The Site Specific Development Plan and Amended Special Review Permit for an Agricultural Service Establishment to manufacture and assemble agricultural weedburners, farm crop sprayers and other similarly manufactured parts, to store, repair and sell farm machinery, and to sell agricultural products including, but not limited to, the sale of seeds and the business of seed production, processing, storage, mixing and blending of seed 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. 3. No permanent disposal of wastes shall be permitted at this site. 4. Fugitive dust shall be controlled on this site. 5. The facility shall utilize the existing public water supply. 6. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 7. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 8. The maximum permissible noise level shall not exceed the light industrial limit of 70 db(A), as measured according to Section 25-12-102, C.R.S. 9. All pesticides, fertilizer, and other 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. 10. All construction on the property shall be in accordance with the Weld County Building Code Ordinance. 11. The hours of operation are from 7:00 a.m. to 7:00 p.m., Monday through Sunday. 12. The waste dumpster located on the property shall be screened from all adjacent properties and public rights-of-way. 13. The landscaping on site shall be maintained in accordance with the approved Landscaping Plan. 14. All outside storage is limited to Agricultural related implements and products. 990439 PL1269 DEVELOPMENT STANDARDS - ROBERT AND TIMOTHY FELTE (AMUSR #1191) 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. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 17. 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. 18. 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 Commissioner 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. 19. 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. 990439 PL1269 Hello