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HomeMy WebLinkAbout20202525.tiff RESOLUTION RE: APPROVE VACATION OF USE BY SPECIAL REVIEW PERMIT, USR-980 - HOWARD FARMS, A COLORADO PARTNERSHIP 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, by Resolution dated November 25, 1992, the Board approved Use by Special Review Permit, USR-980, for a Meeting Hall in the A (Agricultural) Zone District, for Howard Farms, a Colorado Partnership, on the following described real estate, to-wit: Part of the SE1/4 of Section 28, Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, the Board has received a request from Howard Farms, a Colorado Partnership, 8709 County Road 4, Brighton, CO 80603, to vacate said Use by Special Review Permit, USR-980, 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 Department of Planning Services staff and all of the exhibits and evidence presented in this matter and, having been fully informed, deems it advisable to approve said vacation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Use by Special Review Permit, USR-980, be, and hereby is, vacated. 4635224 Pages: 1 of 2 �C :PLC A/T P), 09/30/2020 12:53 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO A.PPL 2020-2525 lIII IrdR'Jn r�b�I� ��� G+l 411 NI�IRMi'Ad II III 10/211202.0 PL1002 VACATE USR-980 - HOWARD FARMS, A COLORADO PARTNERSHIP PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of August, A.D., 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: diativ ; Mike Freeman, Chair Weld County Clerk to the Board Steve oreno, Pr Tem Deputy Clerk to the Board 1 / Sc . James APP:!VED �' , XCUSED •?�' 's.'_ arbara Kirkmeyer ounty Attorney U ciet Kevin D. Ross Date of signature: O /2O%• •., ,�� 4635224 Pages: 2 of 2 2020-2525 R Fee:$+@•@0 @9/30/2020 12:53 PM �I ,�III tram tit PL1002 09/3 ;2020 Clerk and Recorder, Weld County, C 186, MEMORANDUM To: Board of County Commissioners Ua�, J From: Diana Aungst, Planner II G0_�NT�� Subject: Vacation of USR-980 — meeting hall Date: August 17, 2020 The Department of Planning Services received the attached letter on August 4, 2020 from Mr. John Howard requesting a vacation of USR-980. USR-980 for a meeting hall and AmUSR-256 for Oil and Gas Support and Service are both on the same parcel and Mr. Howard has submitted a Recorded Exemption RECX20-0011 to split this parcel however the Recorded Exemption can only be completed when one of the USRs is removed from the property. The applicant has chosen to vacate USR-980 in order to complete the Recorded Exemption. The Department of Planning Services is recommending approval of this vacation. Background information: Legal Description: Lot B of Recorded Exemption RE-3066; being a part of the SE4 of Section 28, T1 N, R67W of the 6th P.M., Weld County, CO Location: North of and adjacent to CR 4 and about 900 feet west of CR 19 March 16, 1993: USR-980 was approved recorded with the Weld County Clerk and Recorded on March 16, 1993. The USR was approved as: A Site Specific Development Plan and Use By Special Review Permit is for a Meeting Hall in the A (Agricultural) Zone District as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. 2020-2525 /I ? 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Lanor ase.ordf eratorSea,.sh.1.,....r activities c U S R -980 . ...ern.by ..gov _ �e armitt.. w.,l a,Ilse...x office.r the RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A MEETING HALL IN THE A (AGRICULTURAL) ZONE DISTRICT - HOWARD FARMS, A COLORADO PARTNERSHIP 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 25th day of November, 1992, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Howard Farms, a Colorado Partnership, 8709 Weld County Road 4, Brighton, Colorado 80601, for a Site Specific Development Plan and Special Review Permit for a meeting hall in the A (Agricultural) Zone District on the following described real estate, to-wit: Part of the SE' of Section 28, Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, said applicant was represented by Bill Hughes, Attorney, 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, has 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. The proposal is consistent with the Weld County Comprehensive Plan's Urban Growth Boundary Area Goals and Policies. The City of Northglenn, Department of Community Development, has reviewed this proposal and has no objections to the request. b. The proposal is consistent with the intent of the Agricultural Zone District and is provided for as a Use by Special Review. c. The uses which would be permitted will be compatible with the existing surrounding land uses which include agricultural production, oil and gas production, and oil and gas processing, and with the future development of the surrounding area as permitted by the existing zoning. No objections have been received from surrounding property owners. 921113 pL i ooa e4„ )11. , i9P P, SPECIAL REVIEW PERMIT - HOWARD FARMS PAGE 2 d. The applicant has demonstrated that a diligent effort has been made to conserve productive agricultural land in the locational decision for the proposed use. e. No overlay districts affect the site. f. Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Site Specific Development Plan and Special Review Permit for a meeting hall 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 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. 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. 3. Within 90 days of approval by the Board of County Commissioners, the applicants shall provide evidence to the Department of Planning Services' staff that the following Conditions of Approval, as set forth by the Brighton Fire Protection District, have been met: a. A 20-foot wide all weather driving surface roadway shall be provided to allow for fire department vehicle access. Should this roadway exceed 150 feet in length and terminate in a dead-end, a turn-around area must be provided for the fire department vehicle. b. The proper road or street address shall be placed near the entrance to the access roadway. The numerals shall be a minimum of 5-inches in height with a 3/4-inch wide stroke. The background for the numerals shall be contrasting in color. c. A minimum of one fire extinguisher shall be provided and mounted within the structure for every 3,000 square feet of floor area with a minimum of two extinguishers required. Extinguishers shall be rated at 2A-40BC and shall be mounted 3 to 5 feet above the floor surface. The extinguishers shall be located near an exit doorway. 921113 SPECIAL REVIEW PERMIT - HOWARD FARMS PAGE 3 d. Should a single open unseparated area exceed 5,000 square feet, a fire sprinkler extinguishing system shall be required. If area separations are included, they must be a minimum of one-hour fire rated construction. e. The maximum occupancy load shall be posted and enforced at all times the facility is being utilized for the A-3 type occupancy. f. A minimum of two exits shall be provided. The two exits shall be a minimum distance apart equal to one-half the length of the diagonal distance across the open area of the building. g. Exit doors shall swing in the direction of travel from the building, shall be marked by exit signs which are illuminated or provide self-illumination, and must be openable from the inside without the use of a key or special knowledge and must be provided with panic type operational hardware. 4. Prior to recording the Special Review Permit plat, the plat shall be amended to show all structures on the permitted area. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of November, A.D., 1992. BOARD OF COUNTY COMMISSIONERS ATTEST: e,# /, WELD COUNTY, COLORADO SIT`�G441;c 1 Weld County Clerk to the Board EXCUSED DATE OF SIGNING (AYE) George Kennedy, Chairman BY: EXCUSED Deputy Clerk/to the Board Constance L. Harbert, Pro-Tem APPROVED AS 0 FORM: C. W. Kir ounty Attorney Gor 'y W. . Webs er 921113 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS HOWARD FARMS, A COLORADO PARTNERSHIP USR #980 1. The Site Specific Development Plan and Special Review Permit is for a Meeting Hall in the A (Agricultural) Zone District as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 4. No permanent disposal of wastes shall be permitted at this site. 5. The water and sewage disposal facilities in the building shall be maintained in working order. 6. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 7. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 8. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 9. Personnel from the Weld County Health Department, Brighton Fire Protection District, 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 herein and all applicable Weld County Regulations. 10. The Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Major 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 and the Board of County 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. 11. 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. 921113 Hello