HomeMy WebLinkAbout981240.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
#1184 FOR AN AGRICULTURAL SERVICE ESTABLISHMENT (AN EQUINE
BREEDING, BOARDING, AND TRAINING FACILITY) IN THE A (AGRICULTURAL)
ZONE DISTRICT - J. FRANK AND MARIAN HOBBS
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 8th day of
July, 1998, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of J. Frank and Marian Hobbs, 8590 Weld County Road 21, Fort Lupton,
Colorado 80621, for a Site Specific Development Plan and Special Review Permit#1184 for an
Agricultural Service Establishment (an equine breeding, boarding, and training facility) in the
A (Agricultural) Zone District on the following described real estate, to-wit:
Lot B of RE #584, being part of the S'/z S'% NW% of Section 23,
Township 2 North, Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing on July 8, 1998, the Board deemed it advisable to continue
said matter to July 15, 1998, to allow for the sign to be posted for the required amount of time,
and
WHEREAS, at said hearing on July 15, 1998, 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 -- This proposal is consistent with the Weld County
Comprehensive Plan. A.Goal 2 and Policy 2 encourage commercial uses
which are directly related to agriculture to locate within Agricultural zoning
when the impact to surrounding properties is minimal.
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SPECIAL REVIEW PERMIT#1184 - J. FRANK AND MARIAN HOBBS
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b. Section 24.4.2.2-- This proposal is consistent with the intent of the A
(Agricultural) Zone District. Section 31.4.2 of the Weld County Zoning
Ordinance provides for, "Agricultural service establishments primarily
engaged in performing agricultural, animal husbandry, or horticultural
services on a fee or contract basis, including: Animal training and
boarding facilities", as a Use by Special Review in the A (Agricultural)
Zone District.
c. Section 24.4.2.3-- The uses proposed will be compatible with the existing
surrounding land uses. The existing surrounding land uses include oil
and gas facilities to the north, large lot residential uses to the east and
west, and agricultural/residential uses to the south. The applicant
currently has some facilities and horses existing on site. The applicant
does not propose to exceed the number of animal units allowed by right
as set forth in the Weld County Zoning Ordinance.
d. Section 24.4.2.4 -- The uses proposed 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 City
of Fort Lupton and Town of Firestone have received the proposal and
have indicated that they have no conflicts.
e. Section 24.4.2.5 -- The proposal is located within the 3 mile referral
boundaries of the City of Fort Lupton and the Town of Firestone as
identified by maps officially adopted by Weld County. Both communities
indicate that they have no conflict with the proposal.
f. Section 24.4.2.6-- The applicant has demonstrated a diligent effort to
conserve productive agricultural land. The subject site is not considered
prime farmland and is classified as "other land" as to farmland suitability
by the USDA Soil Conservation Service and Colorado State University
Extension. Additionally, the site consists of just 9.98 acres. No prime
farm ground will be taken out of production
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 health, safety, and welfare of the
inhabitants of the neighborhood and county.
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SPECIAL REVIEW PERMIT#1184 - J. FRANK AND MARIAN HOBBS
PAGE 3
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of J. Frank and Marian Hobbs for a Site Specific
Development Plan and Special Review Permit #1184 for an Agricultural Service Establishment
(an equine breeding, boarding, and training facility) 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 15
days of approval by the Board of County Commissioners.
2. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) Additional parking areas to accommodate visitor and employee
vehicles, including vehicles with horse trailers. The application
materials indicate that the site will be utilized by one to five
persons per week. The parking areas and drives shall have
adequate turning radii to accommodate the vehicles.
2) All attached Development Standards.
B. The applicant shall submit evidence that the existing septic system
permitted by SP-9700231 has been evaluated by a Colorado Registered
Professional Engineer and approved by the Weld County Health
Department in accordance with the Weld County Individual Sewage
Disposal Regulations. In the event the system is found to be inadequate,
the system shall be brought into compliance with current I.S.D.S.
regulations.
3. Prior to the release of building permits for the accessory dwelling, the applicant
shall submit evidence to the Department of Planning Services that the
requirements of Central Weld County Water District have been met and that a
water tap has been issued.
4. No Special Review activity shall 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.
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SPECIAL REVIEW PERMIT#1184 - J. FRANK AND MARIAN HOBBS
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 15th day of July, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: , a s'• EXCUSED DATE OF SIGNING (AYE)
Constance L. Harb rt, Chair
Weld County Cler to �_ •lJ `, 4A / /2 l
�l
C4t i W. H. ebster, Pro-Tern
BY: . ./.a
Deputy Clem` ': ,� edf
% �j�°� 7 orge . Baxter. ' •
APP D AS TO FORM:
a . Hall
my tt rney EXCUSED DATE OF SIGNING (AYE)
Barbara J. Kirkmeyer
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PL1253
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
J. FRANK AND MARIAN HOBBS
USR #1184
1. The Site Specific Development Plan and Special Use Permit is for an Agricultural
Service Establishment (an equine breeding, boarding and training facility) 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. The accessory dwelling for an employee residence shall not be used as an income
source by the applicant for rental to persons who are not principally employed upon the
lot. Should the Agricultural Service Establishment cease operation at any time in the
future and/or USR #1184 be vacated, the accessory dwelling shall be removed from the
property.
4. The facility shall be maintained in compliance with the Confined Animal Feeding
Operation Regulations (6CCR 1002-19) and Section 47 of the Weld County Zoning
Ordinance.
5. The arenas as delineated on the plat shall be used for training purposes and at no time
shall be used for rodeo or roping events.
6. The applicant shall remove, handle and stockpile manure from the livestock areas in a
manner that will prevent nuisance conditions. The manure piles shall not be allowed to
exist or deteriorate to a condition that facilitates excessive odors, flies, insect pests or
pollutant runoff.
7. All liquid and solid wastes shall be stored and removed for final disposal in a manner
that protects against surface and groundwater contamination.
8. No permanent disposal of wastes shall be permitted at this site.
9. Waste materials shall be handled, stored, and disposed in a manner that controls
fugitive dust, blowing debris, and other potential nuisance conditions.
10. Fugitive dust shall be controlled on this site.
11. 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.
12. An individual sewage disposal system is required for the proposed facility. The
accessory dwelling shall be served by the existing septic system permitted by
SP-9700231. Employees shall use this system. The septic system is required to be
evaluated by a Colorado Registered Professional Engineer according to the Weld
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DEVELOPMENT STANDARDS - HOBBS (USR #1184)
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County Individual Sewage Disposal Regulations.
13. Adequate toilet facilities shall be provided for the public and employees.
14. The facility shall utilize the existing public water supply.
15. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
16. Noxious weeds shall be controlled at all times on the site.
17. All identification signs located on the property shall adhere to Section 42.2 of the Weld
County Zoning Ordinance.
18. All proposed or existing structures will or do meet the minimum setback and offset
requirements for the Zone District in which the property is located.
19. All construction on the property shall be in accordance with the requirements of the
Weld County Building Code Ordinance.
20. 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.
21. 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.
22. 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.
23. 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 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.
24. 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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