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Home My WebLink About991687.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Jerry and Jeannie Bess Case Number USR-1228 Submitted or Prepared Prior to At Hearing Hearing 1 Planning Commission Resolution 2 Staff Comments X 3 Department of Planning Services field check form X 4 Field check by Planning Commissioner n/a 5 Letter to Applicant X 6 Legal Notifications X 7 Application (2 pages) X 8 Referral list X 9 Ault Planning Commission referral received 4/08/99 X 10 Weld County Zoning Compliance referral received 3/23/99 X 11 Town of Eaton referral received 3/19/99 X 12 Eaton School District RE-2 referral received 3/29/99 (5 pages) X 13 Weld County Public Works Dept. referral received 4/13/99 (3 pgs) X 14 Weld County Health Department referral received 4/15/99 (2 pgs) X 15 West Greeley Soil Conservation District referral received 3/29/99 X 16 Weld County Building Inspection referral received 3/18/99 X 17 8 1/2 X 11 maps submitted by applicant(3 pages) X 18 Deed X 19 Certificate of Conveyance (5 pages) X 20 Surrounding Property Owners (6 pages) X 21 Soil Survey (6 pages) X 22 Change in ownership for well X 23 Percolation test results (18 pages) X 24 Substitute Water Supply Plan (23 pages) X 25 Well Permit Applications (6 pages) X 26 Pump test and Temp./Precipitation for Greeley UNC (3 pages) X 27 Stream Depletion Model for Evaporation (6 pages) X EXHIBIT 991687 LASE #1caa'8 28 Average year Blaney-Criddle Model (5 pages) X 29 Appendix F (6 pages) X 30 Appendix G, Daily Accounting Form (2 pages) X 31 Appendix H, Monthly Spreadsheet(4 pages) X 31 Items submitted at planning commission I hereby certify that the 31 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office. Julie A. Chester ❖ Current Planner STATE OF COLORADO ) COUNTY OF WELD ) SUBSCRIBED and SWORN TO BEFORE ME THIS ,54"' day of I))ram/ 19 Jc/ SEAL J i NOTARY PUBLIC C MY COMMISSION EXPIRES - 0-3 COCL-- LAND USE APPLICATION SUMMARY SH ET COLORADO Case Number: USR-1228 Hearing Date: May 4, 1999 Applicant: Jerry and Jeannie Bess Planner: Julie A. Chester Address: 412 Idalia Drive Ft. Collins, CO 80525 Request: A Site Specific Development Plan and a Special Review Permit for a Fishery in the A (Agricultural) Zone Legal Description: Part of the E2 of Section 8, T7N, R65W of the 6th P.M., Weld County, Colorado Location: West of and adjacent to WCR 41 and approximately 1/3 of a mile north of State Highway 14 Size of Parcel: 80 acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 24.3 of the Weld County Zoning Ordinance. The Department of Planning Services' staff has received responses from the following agencies: • Ault Planning Commission referral received 4/08/99 • Weld County Zoning Compliance referral received 3/23/99 • Town of Eaton referral received 3/19/99 • Eaton School District RE-2 referral received 3/29/99 • Weld County Public Works Department referral received 4/13/99 • West Greeley Soil Conservation District referral received 3/29/99 • Weld County Health Department referral received 4/15/99 • Weld County Building Inspection Department referral received 3/18/99 EXFENT USR-1228, Bess, Page 1 r c: "" $ SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW COLORADO Case Number: USR-1228 Hearing Date: May 4, 1999 Applicant: Jerry and Jeannie Bess Planner: Julie A. Chester Address: 412 Idalia Drive Ft. Collins, CO 80525 Request: A Site Specific Development Plan and a Special Review Permit for a Fishery in the A (Agricultural) Zone Legal Description: Part of the E2 of Section 8, T7N, R65W of the 6th P.M., Weld County, Colorado Location: West of and adjacent to WCR 41 and approximately 1/3 of a mile north of State Highway 14 Size of Parcel: 80 acres PARCEL NUMBER: 070908000039 THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST 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, as amended. 2. It is the opinion of the Department of Planning Services's staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance, as follows: a. Section 24.3.1.1 --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 upon agriculture to locate within the Agricultural zoning when the impact to surrounding properties is minimal, and where adequate services and infrastructure is available". A fish farm is a commercial type use which is directly related to agriculture and is 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 USR-1228, Bess, Page 2 by wells and irrigation shares. Adequate services are available or will be implemented through Conditions of Approval and Development Standards. b. Section 24.3.1.2--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 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 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 Health Department and other referral agencies. c. Section 24.3.1.3 -- The proposal is consistent with Section 24.3.1.3 of the Weld County Zoning Ordinance, as amended, 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 is located within close proximity. The proposed fish farm will be compatible with future development of the surrounding area. d. Section 24.3.1.4 -- 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 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 24.3.1.5 -- The proposal is not located within the Overlay District Areas identified by maps officially adopted by Weld County. f. Section 24.3.1.7--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 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. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 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. USR-1228, Bess, Page 3 2. Prior to recording the plat: A. The right-of-way or section line easement shall be a graded or drained road to provide all weather access. (Planning Dept.) B. The applicant shall provide evidence to the Department of Planning Services that an access permit from the Colorado Department of Transportation (C.D.O.T.) was granted for access to Hwy 14 or evidence that the applicant has complied with the requirements of C.D.O.T. (Planning Dept.) C. The applicant will provide evidence of adequate access to the parcels along the section line. This may include an easement dedication on the plat, or a deed showing a right-of-way exists. (Planning Dept.) D. The applicant shall submit evidence of attempts to address the concerns of the Eaton School District, as listed in the referral response dated March 29, 1999, to the Weld County Department of Planning Services. (Dept. of Planning Services) E. The applicant shall obtain a Colorado Discharge Permit System permit, for aquatic animal production, from the Water Quality Control Division of the Colorado Department of Public Health and Environment. A copy of any permit shall be submitted to the Weld County Department of Public Health and Environment and the Weld County Planning Department. (Health Dept.) F. The applicant shall submit a handling plan to the Weld County Department of Public Health and Environment, for review and approval, that describes how fish excrement will be stored, handled, and disposed. In the event that the excrement will be land applied, the plan should also describe how the operation will prevent nuisance conditions and how the excrement will be applied at agronomic rates. (Health Dept.) G. The applicant shall obtain or amend all appropriate well permits for the operation and the proposed residences from the Colorado Division of Water Resources. (Health Dept.) H. The applicant shall submit a waste handling plan to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. The plan shall include at a minimum, the following: 1) A list of wastes which are expected to be generated on site ;this should include expected volumes and types of waste generated). (Health Dept.) 2) A list of the type and volume of chemicals expected to be stored on site. (Health Dept.) 3) The waste handler and facility where the waste will be disposed (including the facility name, address and telephone number). (Health Dept.) USR-1228, Bess, Page 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. (Dept. Of Planning Services) J. 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. (Dept. Of Planning Services) K. Prior to the release of building permits: 1) All foundations supporting structures (houses, barn, fish tanks, etc.) shall be required to be designed by an architect or engineer licensed by the State of Colorado. (Building Inspection) 2) Separate bathroom facilities shall be provided for each sex when the number of employees exceeds four. (Building Inspection) USR-1228, Bess, Page 5 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 for a Fishery in the A (Agricultural) Zone, as indicated in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. (Planning Dept.) 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance, as amended. (Planning Dept.) 3. The hours of operation are during day light hours, seven days a week, as indicated in the application materials. (Dept. of Planning Services) 4. The facility will consist of two residential structures, a barn, ponds and a recharge pond. (Dept. of Planning Services) 5. All proposed or existing structures will or do meet the minimum setback and offset requirements for the Agricultural zone district (Dept. of Planning Services). 6. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-101, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Health Dept.) 7. No permanent disposal of wastes shall be permitted at this site.(Health Dept.) 8. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. (Health Dept.) 9. Fugitive dust shall be controlled on this site at all times. (Health Dept.) 10. The maximum permissible noise level shall not exceed the residential limit of 55 db(A) as measured according to 25-12-102, Colorado Revised Statutes. (Health Dept.) 11. Individual sewage disposal systems are required for the proposed residences and shall be installed according to the Weld County Individual Sewage Disposal Regulations. (Health Dept.) 12. The facility shall comply with all provisions of any discharge permit issued by the Water Quality Control Division of the Colorado Department of Public Health and Environment. (Health Dept.) 13. The applicant shall comply with all applicable requirements of the Colorado Division of Wildlife. (Health Dept.) 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. (Health Dept.) USR-1228, Bess, Page 6 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 169A. (Public Works) 16. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance, as amended and all applicable fire codes. ( Dept. of Planning Services) 17. Any proposed signage shall require appropriate building permits and be constructed in accordance with Section 42.2 of the Weld County Zoning Ordinance. (Dept. of Planning Services) 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. (Planning) 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, as amended. (Planning Dept.) 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, as amended. (Planning Dept.) 21. Personnel from the Weld County Health Department and Weld County Deoartment 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. (Planning Dept.) 22. 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 Planning Commission 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. (Planning Dept.) 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. (Planning Dept.) USR-1228, Bess, Page 7 a DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 FAX (970) 352-6312 WELD COUNTY ADMINISTRATIVETIVE OFFICES 1400 N. 17TH AVENUE ' GREELEY, COLORADO 80631 C. COLORADO March 15, 1999 Jerry and Jeannie Bess 412 Idalia Drive Ft. Collins, CO 80525 Subject: USR-1228- Request for a Site Specific Development Plan and Use by Special Review Permit for a Fishery in the A (Agricultural) Zone District on a parcel of land described as Part of the E2 of Section 8, T7N, R65W of the 6th P.M., Weld County, Colorado. Dear Mr. and Mrs. Bess: Your application and related materials for the request described above are being processed. I have scheduled a meeting with the Weld County Planning Commission for May 4, 1999, at 1:30 p.m. This meeting will take place in Room 101, Commissioner's Hearing Room, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members may have. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Ault and Eaton Planning Commission for their review and comments. Please call Town of Ault at 970-834-2844 and Town of Eaton at 970-454-3338 for further details regarding the date, time, and place of these meetings. It is recommended that you and/or a representative be in attendance at the Ault and Eaton Planning Commission meetings to answer any questions the Commission members may have with respect to your application. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four(24) hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services' office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please call. Respectfully, EXHIBIT Julie A. Chester J 5 Planner FIELD CHECK C inspection date: 4/23/99 CASE NUMBER: USR-1228 APPLICANT: Jerry and Jeannie Bess LEGAL DESCRIPTION: Pt of 1:2 of Section 8, T7N, R65W of the 6th P.M., Weld County, Colorado LOCATION: North of and adjacent to U.S. Highway 14, West of and adjacent to WCR 41 (not county maintained) Zoning Land Use N A (Agricultural) N Agricultural uses E A (Agricultural) E Plowed fields, cattle, I residence S A (Agricultural) S Highway 14, Ag uses, center pivot, plowed field W A (Agricultural) W Plowed field, ditch COMMENTS: The access to this site is from Highway 14 on a section line lane. The access is in very poor condition. The day I field checked this site, there had been rain for two days and Wendi Inloes and I got stuck in very deep mud. This could be a huge problem in the future, and access to the site needs to be addressed. We could not get back to die site itself and there have been comments made that the ponds are being constructed, however, we could not tell from where we got stuck. This is a fairly rural area with mostly agricultural uses surrounding it. There is a residence within close proximity. C±Vizze.;) (14.4_ Julie A. Chester, Current Planner EXHIBIT 13 Hello