HomeMy WebLinkAbout991737.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Cristie Nicklas 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: USR-1227
APPLICANT: Jack Walker
ADDRESS: 13550 Grandby Street
Brighton, Colorado 80601 r—
PLANNER:: Anne Best Johnson
REQUEST: A Site Specific Development Plan and a Special Review Permit for an Agricultural Service
Estaolishment(an Establishment for the Manufacture of Animal Confinement Structures) in
the Agricultural (A)Zone District.
LEGAL DESCRIPTION: Lot 2 of RE 1039, Pt. W2 NW4 Section 20, T2N, R66W
LOCATION: East of and adjacent to US HWY 85 and 350' North of WCR 18.5
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 of the Weld
County Zoning Ordinance, as amended.
2. It is the opinion o1'the Planning Commission that the applicant has shown compliance with Section 24.3
of the Weld County Zoning Ordinance, as amended, as follows:
a. Section 24.3.1.1 --This proposal is consistent with the Weld County Comprehensive Plan, as
amended. A.Goal 2 states, AAllow 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 applicant
is proposing ':o fabricate animal confinement structures on a small parcel within the Agricultural Zone
district. The rail road, US Highway 85, oil support activities and property which has been zoned
Industrial (1-3) are the property boundaries. The impact to surrounding land uses is minimal, the
applicant has submitted evidence of well water and will apply for the appropriate individual sewage
disposal system.
b. Section 24.3.1.2 --This proposal is consistent with the intent of the A (Agricultural) zone district.
According to Section 31.1 of the Weld County Zoning Ordinance, as amended, AThe A[District is also
intended to provide areas for the conduct of Uses by Special Review which have been determined
to be more intense or to have a potentially greater impact than Uses Allowed by Right.@ Additionally,
Section 31.4.2 of the Weld County Zoning Ordinance, as amended states that AAgricultural Service
establishments primarily engaged in performing agricultural, animal husbandry, or horticultural
services on a fee or contract basis, including: farm equipment sales, repair, and installation
facilities.@ Section 31.3.18 of the Weld County Zoning Ordinance, as amended, further states that
AAny use permitted as a use by right, an accessory use, or a use by special review in the Commercial
or Industrial zone districts provided the property is not a LOT in an approved or recorded subdivision
plat or LOTS part of a map or plan filed prior to adoption of any regulations controlling subdivisions.@
This applicalion is for the fabrication of animal confinement structures to be sold on site.
1. Goal 1 of the Weld County Comprehensive Plan states, APreserve prime farmland for agricultural
991737
RESOLUTION, USR-1227
Jack Walker
Page 2
purposes which foster the economic health and continuance of agriculture.@ Although the site
is located on prime farmland, as recognized on USDA maps on file with the Weld County
Department of Planning Services, the site is bordered by a rail road right-of-way on the east, a
fuel transfer station on the south, and US Highway 85 on the west. These limitations have
created an Aisland@ of prime farmland of 13.4 acres. This Aisland@ configuration is not
conducive to efficient farming.
c Section 24.2..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. This
site is bound by the railroad on the east, State Highway 85 on the west, a fuel transfer station on the
south, and WCR 20 on the north. A residence exists adjacent to and north of the proposed use site.
The application is consistent with development on adjacent property. The applicant shall adhere to
noise and dust regulations to provide compatible operations adjacent to residential uses.
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 districts and with the future development as projected
by the Comprehensive Plan or Master Plan of affected municipalities. The Fort Lupton Planning
Commission did respond and did not indicate conflicts 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 24.3.1.6--The applicant has demonstrated a diligent effort to conserve productive agricultural
land. The applicant stated that improvements, excluding the building shall be removed from the site
should the special use permit be vacated. The applicant also stated that once improvements were
removed from site, the land could be returned to agricultural production. This site is bound by the
railroad on the east, State Highway 85 on the west, a fuel transfer station on the south, and WCR 20
on the north. The adjacent uses create an island of farmland. This site configuration is not conducive
to agricultural production.
g. 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 recommendatior 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 Planning Commission's recommendation for approval is conditional upon the following:
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 15 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 permits be issued
on the property until the Recorded Exemption plat for RE-2454 and the Special Review plat are
ready to be recorded in the office of the Weld County Clerk and Recorder. The Recorded
Exemption was approved by Planning staff on April 1, 1999 to bring an illegal parcel into
compliance with the State of Colorado and Weld County's minimum lot size requirements.
RESOLUTION, USR•1227
Jack Walker
Page 2
B. The plat shall be amended to include the following:
1. The approved drainage and retention area (Public Works).
2. The applicant shall submit a landscaping plan to the Department of Planning Services for
review and approval. The landscaping plan shall indicate location and species of all plant
materials, planting implementation schedule and landscape maintenance plan in accordance
with Section 24.5.1.10 of the Weld County Zoning Ordinance. (Dept. Of Planning Services).
3. State Highway 85 requires 75' (Seventy-five feet) of right of way and shall be delineated on
the plat. (CDOT).
C. This application identifies additional northbound/southbound deceleration turn lanes onto WCR
20 in the future. The applicant shall contact the Colorado Department of Transportation to verify
additional right-of-way improvements needed at the intersection of WCR 20 and State Highway
85. (Public Works)
D. The applicant shall submit a parking and landscape plan to the Department of Planning Services
for approval. This plan shall include screening of the fenced work area from State Highway 85.
The parking plan shall be made in accordance with Section 41 of the Weld County Zoning
Ordinance. (Dept. Of Planning Services)
E. The applicant shall work with the Weld County Public Works Department regardingtheoutcome
of the traffic count currently being conducted at WCR 20 and State Highway 85. (Public Works).
F. Should the traffic volumes generated by this application increase by 20%, the Colorado
Department of Transportation shall have the authority to ask for additional requirements to meet
the impacts of increased traffic. (CDOT).
G. The applicant shall address concerns of the Fort Lupton Fire Department and submit evidence
to the Department of Planning Services that conditions have been met. (Planning Services).
H. Dust suppressant shall be placed on the access road and parking lot areas at the direction of the
Weld County Public Works Department. (Public Works).
I. State Highway 85 requires seventy-five (75) feet of right of way. This right-of-way is measured
from the centerline of State Highway 85 and shall be delineated on the plat. (CDOT).
J. The access road shall be a minimum of twenty-four (24) feet wide to accommodate two-way
traffic. The access road shall be clearly delineatedon the plat. (Public Works).
K. The storm water drainage shall be routed in a southeasterly direction into a holding pond. The
holding pond shall be clearly delineated on the plat. (Public Works).
Motion seconded by Stephan Mokray.
RESOLUTION, USR1227
Jack Walker
Page 3
VOTE:
For Passage
Cristie Nickles
Fred Walker
Stephan Mokray
Jack Epple
Michael Miller
Bryant Gimlin
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Jennifer Mehring, 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 May 4, 1999.
Dated the 4th of May, 1999.
Jennifer ring
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
USR-1227: Jack Walker
1. The Site Specific Development Plan and Special Use Permit is for a 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. (Planning).
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County
Zoning Ordinance, as amended. (Planning).
3. 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. (Public Health).
4. No permanent disposal of wastes shall be permitted at this site. (Public Health).
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. (Public Health).
6. Fugitive dust shall be controlled on this site. (Public Health).
7. 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. (Public Health).
8. An individual sewage disposal system is required for the proposed facility and shall be installed
according to the Weld County Individual Sewage Disposal Regulations. The septic system is required
to be desigred by a Colorado Registered Professional Engineer according to the Weld County
Individual Sewage Disposal Regulations. (Public Health).
9. The facility siall use the existing well. (Public Health).
10. The building and foundation shall be designed by an architect or engineer registered by the
State of Colorado. (Building Inspection).
11. Recycled asphalt base shall be used for the access road and parking area. (Public Works).
12. Adequate toilet facilities shall be provided for the employees (Public Health).
13. 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).
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, as amended. (Planning).
15. 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. (Planning).
16. 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
DEVELOPMENT STANDARDS, USR-1227
Jack Walker
Page 2
Standards are permitted. Any other changes shall be filed in the office of the Department of Planning
Services. (Planning).
17. 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).
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