HomeMy WebLinkAbout20121300.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR-1752, FOR AN AGRICULTURAL SERVICE ESTABLISHMENT
PRIMARILY ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY
OR HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS, INCLUDING A
COMMERCIAL RODEO (OUTDOOR) AND ONE (1) SINGLE FAMILY DWELLING
UNIT PER LOT, OTHER THAN THOSE PERMITTED UNDER SECTION 23-3-20.A OF
THE WELD COUNTY CODE, IN THE A (AGRICULTURAL) ZONE DISTRICT -
ABELARDO AND NANCY VEGA
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 May, 2012, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Abelardo and Nancy Vega, c/o Jorge Vega, 35918 County Road 55,
Eaton, Colorado 80615, for a Site Specific Development Plan and Use by Special Review
Permit, USR-1752, for an Agricultural Service Establishment primarily engaged in performing
agricultural, animal husbandry or horticultural services on a fee or contract basis, including a
Commercial Rodeo (outdoor) and one (1) Single Family Dwelling Unit per lot, other than those
permitted under Section 23-3-20.A of the Weld County Code, in the A (Agricultural) Zone
District, on the following described real estate, being more particularly described as follows:
W1/2 NW1/4 of Section 3, Township 6 North,
Range 64 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicants were represented by Jorge Vega, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by 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 recommendation 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 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
a. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
Section 22-2-20.B.2 (A.Policy 2.2) states, `Allow commercial and
industrial uses, which are directly related to or dependent upon
(�, ' CA, PL , Pu%, 1+L, Affl 2012-1300
-1- 3cj- 1a PL2158
SPECIAL REVIEW PERMIT (USR-1752) - ABELARDO AND NANCY VEGA, CIO JORGE
VEGA
PAGE 2
agriculture, to locate within agricultural areas when the impact to
surrounding properties is minimal or mitigated and where adequate
services and infrastructure are currently available or reasonably
obtainable. These commercial and industrial uses should be encouraged
to locate in areas that minimize the removal of agricultural land from
production." Section 22-2-220.B.3 (A.Policy 2.3) states, "Encourage
development of agriculture and agriculturally related businesses and
industries in underdeveloped areas where existing resources can support
a higher level of economic activity. Agricultural businesses and industries
include those related to ranching, confined animal production, farming,
greenhouse industries, landscape production and agri-tainment or agri-
tourism uses." Section 22-2-20.1 (A.Goal 9) states, "Reduce potential
conflicts between varying land uses in the conversion of traditional
agricultural lands to other land uses." Conditions of Approval and
Development Standards including, but not limited to, the requirement for a
landscape/screening plan, limiting hours of operation to daylight hours,
noise standards, prohibiting alcoholic beverages, and submittal of a dust
abatement plan will address/mitigate impacts associated with the
proposed use and ensure compatibility with the surrounding area.
b. Section 23-2-230.6.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Sections 23-3-40.6.17 and B.18 of the
Weld County Code provide for Commercial Rodeo and Roping Arenas,
and Section 23-3-40.M provides for One (1) Single-Family Dwelling Unit
per lot other than those permitted under Section 23-3-20.A as Uses by
Special Review in the A (Agricultural) Zone District.
c. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. This Use by Special
Review Permit is to address an outstanding zoning violation
(ZCV09-00265) for ongoing rodeo events without appropriate zoning
permits. Staff is not aware of any rodeo events having occurred since
2010. The site is located in a rural agricultural area. The nearest
residences are located approximately 700 feet to the west (across County
Road 55), approximately 1,000 feet to the north and approximately 2,000
feet to the east of the site. One letter has been received from a
surrounding property owner expressing objections to the proposed rodeo
USR based on the number of people attending the event, potential
instances of drinking and driving at previous events, and excessive noise.
The Conditions of Approval and Development Standards including, but
not limited to, the requirement for a landscape/screening plan, limiting
hours of operation to daylight hours, noise standards and submittal of a
noise abatement plan, the submittal of a dust abatement plan, and
addressing composting of manure will help to address/mitigate impacts
associated with the proposed use and ensure compatibility with the
surrounding area.
2012-1300
PL2158
SPECIAL REVIEW PERMIT (USR-1752) - ABELARDO AND NANCY VEGA, CIO JORGE
VEGA
PAGE 3
d. Section 23-2-230.B.4 -- The uses which will be permitted will be
compatible with future development of the surrounding area as permitted
by the existing zoning and with the future development as projected by
Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. This site is not located within a three-mile referral area or
Intergovernmental Agreement boundary of a municipality.
e. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. The proposed facility does not lie
within the boundaries of any overlay district. Effective April 25, 2011,
building permits issued on the proposed lots will be required to adhere to
the fee structure of the County-Wide Road Impact Fee Program.
Effective April 25, 2011, building permits issued on the proposed lot will
be required to adhere to the fee structure of the County Facility Fee and
Drainage Impact Fee Programs.
f. Section 23-2-230.B.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. The property is considered "Irrigated Non-Prime" and
"Prime" according to the U.S.D.A. Soil Conservation Map, dated 1979.
The Rodeo will be located on the portion of the property identified as
"Irrigated Non-Prime". The use of the land will remain in an agriculturally
related use.
g. Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240 of the
Weld County Code), Operation Standards (Section 23-2-250 of the Weld
County Code), Conditions of Approval, and Development Standards
ensure that there are adequate provisions for the protection of the 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 Abelardo and Nancy Vega, c/o Jorge Vega, for a
Site Specific Development Plan and Use by Special Review Permit, USR-1752, for an
Agricultural Service Establishment primarily engaged in performing agricultural, animal
husbandry or horticultural services on a fee or contract basis, including a Commercial Rodeo
(outdoor) and one (1) Single Family Dwelling Unit per lot, other than those permitted under
Section 23-3-20.A of the Weld County Code, in the A (Agricultural) Zone District, on the parcel
of land described above be, and hereby is, granted subject to the following conditions:
1. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR-1752.
2012-1300
PL2158
SPECIAL REVIEW PERMIT (USR-1752) - ABELARDO AND NANCY VEGA, CIO JORGE
VEGA
PAGE 4
2) The plat shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
3) Add the following note to the plat: "Weld County is not responsible
for the maintenance of drainage related features."
4) Relocate the arena circle south out of the future County Road 74
right-of-way.
5) Show parking spaces (300 vehicles), and circulation lanes.
6) Identify areas for pickup, car, and trailer parking within the
proposed parking area.
7) Identify overflow parking, if needed, in adjacent areas.
8) The approved Screening Plan.
9) The location of the enclosed trash containers and trash
dumpsters.
10) The approved Lighting Plan, if applicable.
B. The applicant shall address the requirements of the Weld County
Department of Public Works, as outlined in the referral received
March 14, 2012. The following requirements shall be addressed:
1) Submit an Access Permit Application Form showing the accesses
to the property and which one(s) will be used for the rodeo. The
applicant shall show the accesses on the plat map and label them
with the approved access permit number (will be provided when
application form is received and reviewed).
2) Submit a Traffic Control Plan (TCP) prepared by a certified Traffic
Control Supervisor (TCS), for review and approval.
C. The applicant shall submit a Dust Abatement Plan, detailing on-site dust
control measures, for review and approval, to the Environmental Health
Services Division of the Weld County Department of Public Health and
Environment.
D. The applicant shall submit a Waste Handling Plan, for approval, 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:
2012-1300
PL2158
SPECIAL REVIEW PERMIT (USR-1752) - ABELARDO AND NANCY VEGA, CIO JORGE
VEGA
PAGE 5
1) A list of wastes which are expected to be generated on the site
(this should include expected volumes and types of waste
generated).
2) A list of the type and volume of chemicals expected to be stored
on the site.
3) The waste handler and facility where the waste will be disposed
(including the facility name, address, and phone number).
Written evidence of Health Department approval shall be provided to the
Department of Planning Services.
E. The applicant shall submit a Landscape Plan/Screening Plan to the
Department of Planning Services, for review and approval. The applicant
shall place "plant material" or other acceptable screening material to
mitigate the impacts of the facility from adjacent properties. Further, the
applicant shall adhere to all landscape requirements of
Sections 23-3-350.G.1 and 23-3-350.G.2 of the Weld County Code.
Upon approval, the Landscape and Screening Plan shall be placed on the
plat.
F. The applicant shall submit evidence of an approved permanent water
supply (approved North Weld County Water District Tap or an approved
Well Permit).
G. The applicants shall submit a security plan detailing how security will be
provided at the proposed rodeo events (who will be providing security,
numbers of security personnel, etcetera) to the Weld County Sheriff's
Office and Department of Planning Services. The Security Plan shall be
approved by the Sheriffs Office, or the applicant shall provide written
evidence that an adequate attempt has been made to address their
concerns. Additionally, the applicant shall submit an annual Incident
Management Plan to the Office of Emergency Management, for review
and approval.
H. The applicant shall submit an Improvements and Road Maintenance
Agreement According to Policy Regarding Collateral for Improvements
and post adequate collateral for landscaping and parking improvements.
The applicant shall submit, to the Department of Planning Services, an
itemized landscaping bid for review. The agreement and form of
collateral shall be reviewed by County staff and accepted by the Board of
County Commissioners prior to recording the Use by Special Review plat,
or, the applicant may submit evidence that all the work has been
completed and approved by the Departments of Planning Services and
Public Works.
2012-1300
PL2158
SPECIAL REVIEW PERMIT (USR-1752) - ABELARDO AND NANCY VEGA, CIO JORGE
VEGA
PAGE 6
The applicant shall submit a Noise Abatement Plan to the Departments of
Planning Services and Public Health and Environment, for review and
approval.
J. If any lighting is proposed, the applicant shall submit a Lighting Plan, for
review and approval, to the Department of Planning Services. Any on-
site lighting shall be downcast.
K. The applicant shall address the requirements of the Department of
Building Inspection, as outlined in the referral response dated May 15,
2012.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit a
Mylar plat, along with all other documentation required as Conditions of Approval.
The Mylar plat shall be recorded in the office of the Weld County Clerk and
Recorder by the Department of Planning Services. The plat shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The Mylar plat and additional requirements shall be submitted within one
hundred twenty (120) days from the date of the Board of County Commissioners
Resolution. The applicant shall be responsible for paying the recording fee.
3. In accordance with Weld County Code Ordinance #2005-7, approved June 1,
2005, should the plat not be recorded within the required one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution, a
$50.00 recording continuance charge may be added for each additional three (3)
month period.
4. Prior to issuance of the Certificate of Occupancy:
A. Septic Permit SP-0900010 must receive a final inspection from the
Environmental Health Services Division of the Department of Public
Health and Environment.
2012-1300
PL2158
SPECIAL REVIEW PERMIT (USR-1752) - ABELARDO AND NANCY VEGA, C/O JORGE
VEGA
PAGE 7
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 13th day of June, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Sean P. nw y, Chair
Weld County Clerk to the Board
BY: Sni Willi.. F. Garcia, Pro-T m
Deputy CI k to tli@ Bo ,p ///1
ie 1♦ .-r a Kirkmeyer
AP . . ., ED t- e: OR!
A •
David E. Long
ounty Attorney tgrA
ougla Rademach
Date of signature: -1 -au -I a
2012-1300
PL2158
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ABELARDO AND NANCY VEGA, C/O JORGE VEGA
USR-1752
1. A Site Specific Development Plan and Use by Special Review Permit, USR-1752, is for
an Agricultural Service Establishment primarily engaged in performing agricultural,
animal husbandry or horticultural services on a fee or contract basis, including a
Commercial Rodeo (outdoor) and one (1) Single Family Dwelling Unit per lot, other than
those permitted under Section 23-3-20.A of the Weld County Code, in the
A (Agricultural) Zone District.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The facility will operate during the months of April 1, through September 30, during
daylight hours.
4. A maximum of 300 visitors will be allowed on the site during events.
5. No alcoholic beverages shall be allowed on the site, nor shall alcohol be served during
rodeo events.
6. The number of animals allowed on the site during events shall be unlimited.
7. Any off-site trash (on County Road rights of way) generated by events shall be picked up
within 24 hours.
8. There shall be no parking or staging of vehicles on County Road 55 or County Road 74.
9. No overnight camping shall be allowed.
10. Animal and feed wastes, bedding, debris, and other organic wastes shall be disposed of
so that vermin infestation, flies, odors, disease hazards, and nuisances are minimized.
11. All liquid and solid wastes, as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S., shall be stored and removed for final disposal in a
manner that protects against surface and groundwater contamination.
12. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, blowing debris, and other potential nuisance conditions.
13. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
14. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The
facility shall be operated in accordance with the approved Dust Abatement Plan, at all
times.
2012-1300
PL2158
DEVELOPMENT STANDARDS (USR-1752) -ABELARDO AND NANCY VEGA, C/O JORGE
VEGA
PAGE 2
15. This facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone District, as delineated in Section 14-9-30 of the Weld County Code.
16. Adequate drinking, hand washing, and toilet facilities shall be provided for personnel and
patrons of the facility at all times (bottled water, portable toilets, and hand washing units
are acceptable). The Stanford Event and Labor Services portable toilet chart shall be
adhered to as a minimum guideline. A minimum of eight portable toilets and two hand
washing stations shall be provided. Records of maintenance and proper disposal shall
be retained on a seasonal basis.
17. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
18. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
19. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the
Colorado Department of Public Health and Environment, Water Quality Control Division.
20. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the
Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.
21. The applicant shall comply with the Colorado Retail Food Establishment Rules and
Regulations governing the regulation of Food Service Establishments. Mobile Units
shall be self-contained in regard to water and sewer.
22. The applicant shall submit an annual Incident Management Plan to the Office of
Emergency Management, for review and approval.
23. The operation shall comply with all applicable rules, regulations, and statutes of state
and federal agencies and the Weld County Code.
24. Proper building permits shall be obtained prior to construction of any new structure
and/or change of use of any existing building or structure.
25. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application. Currently, the following have been adopted by Weld County: 2006
International Building Code, 2006 International Mechanical Code, 2006 International
Plumbing Code, 2006 International Fuel Gas Code, 2006 International Energy Code,
2003 ICC ANSI 117.1 Accessibility Code, 2011 National Electrical Code, and Chapter 29
of the Weld County Code.
26. All building plans shall be submitted to the Galeton Fire District, for review and approval,
prior to the issuance of building permits.
27. The historical flow patterns and runoff amounts will be maintained on the site in such a
manner that it will reasonably preserve the natural character of the area and prevent
2012-1300
PL2158
DEVELOPMENT STANDARDS(USR-1752)-ABELARDO AND NANCY VEGA,C/O JORGE
VEGA
PAGE 3
property damage of the type generally attributed to runoff rate and velocity increases,
diversions,concentration,and/or unplanned ponding of storm runoff.
28. Pursuant to Chapter 15, Articles I and II, of the Weld County Code, if 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. All
vegetation, other than grasses, needs to be maintained at a maximum height
of 12 inches until the area is completely developed.
29. The applicant shall adhere to the approved Landscape and Screening Plan.
30. Effective April 25, 2011, building permits issued on the proposed lot will be required to
adhere to the fee structure of the County-Wide Road Impact Fee Program.
31. Effective April 25, 2011, building permits issued on the proposed lot will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee
Programs.
32. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
33. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
34. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-4-350 of the Weld County Code concerning Livestock
Confinement Operations.
35. Weld County personnel 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.
36. The Use by 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
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.
37. 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.
2012-1300
PL2158
Hello