HomeMy WebLinkAbout991137.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
#1228 FOR A FISHERY IN THE A (AGRICULTURAL) ZONE DISTRICT - JERRY AND
JEANNIE BESS
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 30th day
of June, 1999, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Jerry and Jeannie Bess, 412 Idalia Drive, Fort Collins, Colorado
80525, for a Site Specific Development Plan and Special Review Permit#1228 for a Fishery in
the A (Agricultural) Zone District on the following described real estate, to-wit:
Part of the E'% of Section 8, Township 7 North,
Range 65 West of the 6th P.M., \Neld County,
Colorado
WHEREAS, 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. Section 24.4.2.1 -- This proposal is consistent with the Weld County
Comprehensive Plan. A.Goal 1 states "preserve prime farmland for
agricultural purposes which foster the economic health and continuance
of agriculture." This proposal is located in an area designated as prime
farmground by the U.S.D.A. Soils map; however, the application indicates
that the applicants will still farm the property, while adding a new and
diverse style of farming, "fish farming." A.Goal 2 states, "allow
commercial and industrial uses which are directly related to or dependent
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SPECIAL REVIEW PERMIT#1228 - JERRY AND JEAINNIE BESS
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upon agriculture to locate within the Agricultural Zone District when the
impact to surrounding properties is minimal, and where adequate
services and infrastructure is available." A fish farm is a commercial use
which is directly related to and dependent upon agriculture. The
proposed use requires location within the Agricultural Zone District
because of the size of the parcel that is required for this type of facility. It
requires a source of water, which is provided by wells and irrigation
shares. Adequate services are available or will be implemented through
Conditions of Approval and Development Standards.
b. Section 24.4.2.2 -- This proposal is consistent with the intent of the
A (Agricultural) Zone District. Section 31.4.21 lists "uses similar to the
uses listed as Uses by Special Review as long as the use complies with
the general intent of the A (Agricultural) Zone District." The Department
of Planning Services staff has determined that fish farming is a similar
use to other agricultural uses as defined in the Weld County Zoning
Ordinance and meets the intent of the A (Agricultural) Zone District. The
definition of farming is "the cultivation of land, growing of crops ranching,
and/or the raising of livestock" and it was the Planning Department's
opinion that fish farming was a similar use, but does not fit the definition
of livestock as defined in the Weld County Zoning Ordinance. It was
determined that the use would require a Special Review Permit and
regulation by the Weld County Department of Public Health and
Environment and other referral agencies.
c. Section 24.4.2.3 -- The proposal is consistent with Section 24.3.1.3 of the
Weld County Zoning Ordinance and will be compatible with future
development of the surrounding area. The surrounding area consists of
Agricultural uses including Tateyama Dairy in Section 16, located
southeast of this proposal, and one residence located within close
proximity. The proposed fish farm will be compatible with future
development of the surrounding area.
d. Section 24.4.2.4 -- The proposed use 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
proposal is not located within an Urban Growth Boundary of any
municipality and the Towns of Ault and Eaton indicated in their referral
responses, "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.
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f. 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 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 Jerry and Jeannie Bess for a Site Specific
Development Plan and Special Review Permit#1228 for a Fishery 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 30
days of approval by the Board of County Commissioners.
2. Prior to recording the plat:
A. The Special Review activity shall not occur nor shall any building or
electrical permit 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.
B. The plat shall be amended to delineate the following:
1) The house which will be considered the principal dwelling and the
house which will be considered the accessory dwelling.
C. Prior to the release of building permits:
1) All foundation supporting structures (houses, barn, fish tanks,
etc.) shall be required to be designed by an architect or engineer
licensed by the State of Colorado.
2) Separate bathroom facilities shall be provided for each sex when
the number of employees exceeds four.
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SPECIAL REVIEW PERMIT #1228 - JERRY AND JEANNIE BESS
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 30th day of June, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
COUNTY, COL• AD•
ATTEST: LW
fti .SAS) _
`�,` Dale K. Hall, Chair
Weld County Clerk tot be
'iacr � 4 . EXCUSED
�
Barbara J. Kirkmeyer, Pro-Tern
BY:
Deputy Clerk to the 1 i7D °ti�, EXCUSE
EDBDATeE OF SIGNING (AYE)
r
7---APPJ520 AS TO FORM: " dtte
/ M. J. Qeile
ounty Attorney /. U,v,4 ad-i.�
Glenn Vaad
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JERRY AND JEANNIE BESS
USR#1228
1. The Site Specific Development Plan and Special Use Permit is for a Fishery in the
A (Agricultural) Zone District, as indicated in the application materials on file 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. The hours of operation are during day light hours, seven days a week, as indicated in the
application materials.
4. The facility will consist of two residential structures, a barn, ponds and a recharge pond.
5. All proposed or existing structures will meet the minimum setback and offset requirements
for the A (Agricultural) Zone District.
6. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
Section 30-20-101, C.R.S.) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
7. No permanent disposal of wastes shall be permitted at this site.
8. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive
dust, blowing debris, and other potential nuisance
conditions.
9. Fugitive dust shall be controlled on this site at all times.
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.
11. Individual sewage disposal systems are required for the proposed residences and shall be
installed according to the Weld County Individual Sewage Disposal regulations.
12. The facility shall comply with all provisions of any discharge permit issued by the Colorado
Department of Public Health and Environment, Water Quality Control Division.
13. The applicant shall comply with all applicable requirements of the Colorado Division of
Wildlife.
14. Any fish excrement applied to the land shall be applied at agronomic rates. Records shall
be maintained to demonstrate that the excrement has been applied at agronomic rates.
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DEVELOPMENT STANDARDS - JERRY AND JEANNIE BESS (USR #1228)
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15. Should noxious weeds exist on the property or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Ordinance #169-A.
16. All construction on the property shall be in accordance with the requirements of the Weld
County Building Code Ordinance and all applicable fire codes.
17. Any proposed signage shall require appropriate building permits and be constructed in
accordance with Section 42.2 of the Weld County Zoning Ordinance.
18. At such time the Special Review Permit for the Fishery should cease, the accessory
residence on the property, which is accessory to the Special Review Permit, must be
removed from the property or the appropriate zoning and building permits shall be applied
for and approved for the appropriate use.
19. The property owner or operator shall be responsible for complying with the Design
Standards of Section 24.5 of the Weld County Zoning Ordinance.
20. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance.
21. Personnel from the Weld County Departments of Public Health and Environment and
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.
22. The Special Review area shall be limited to the plans shown hereon and governed by the
foregoing Development 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 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.
23. 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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