HomeMy WebLinkAbout20112569.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1786 FOR A GOLF COURSE, SHOOTING RANGE, GUEST FARM AND
HUNTING LODGE, 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 - EQUUS FARMS,
INC.
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 5th day of
October, 2011, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Equus Farms, Inc., c/o Mike Johnson, 37139 U.S. Highway 34,
Kersey, Colorado 80644, for a Site Specific Development Plan and Use by Special Review
Permit#1786 for a Golf Course, Shooting Range, Guest Farm and Hunting Lodge, 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:
All of Section 18, Township 4 North, Range 61
West; part of the N112S112, S1/2NE1/4,
SE1/4NW1/4 and part of the E1/2 of Section 13,
Township 4 North, Range 62 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Mike Johnson, 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.
1) Section 22-2-10.B states, in part, "The intent of the agricultural
Goals is to support all forms of the agricultural industry and, at the
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same time, to protect the rights of the private property owners to
convert their agricultural lands to other appropriate land uses."
Approximately 82.63 acres have been converted from
unproductive agricultural land to a residence for the property
owner and family, caretaker's residence, private golf course and
private sporting clay range. The site is located on sloped property
that is unsuitable for agricultural production. The Lodge area
includes manicured lawns, trees, bushes, and water features. The
area provides a private open space for eagles, water fowl, rabbits,
deer, and other wildlife.
2) Agricultural Policy 3.1: "Encourage water rights to voluntarily
remain and be put to beneficial use in the County." Water rights
associated with the land provide groundwater wells for drinking
water at the Lodge and irrigation of the grounds.
3) Agricultural Policy 3.3: "Consider the traditional and future
operational viability of water delivery entities when land use
changes are considered." The Lodge area is bounded by the
Riverside Reservoir (irrigation water storage) to the north and the
South Platte River to the south. Development of the Lodge area
did not change water-delivery infrastructure in the area.
4) Agricultural Policy 4.1: "Minimizing safety and health hazards
resulting from unsafe or dangerous structures and noncommercial
junkyards." The original ranch house and barn have been
completely remodeled. Additional buildings have been designed
and constructed at the Hemingway Lodge area to produce a
harmonious collection of buildings of the National Park rustic style.
5) Agricultural Policy 6.3: "Encourage multi-generational, caretaker,
guest and accessory quarters."The Lodge area includes the main
lodge, guest quarters including a two-story addition, a locker and
exercise room, caretaker residence, and barn. The buildings
provide housing for the property owner, extended family, guests,
and caretaker.
6) Agricultural Policy 7.2: "Conversion of agricultural land to
nonurban residential should be accommodated when the subject
site is in an area that can support such development, and should
attempt to be compatible with the region." The property is located
on an early 1900's working ranch. The location of the Hemingway
Lodge is the location of the original ranch's home and barn. The
golf course and sporting clay range have increased the manicured
landscape area from the original ranch yard site. The land has not
been fenced, is irrigated, and supports grasses, trees and bushes.
The trees, bushes and related landscaping blends with the trees
and bottom-land meadows along the South Platte River.
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7) Agricultural Policy 8.1: "Demonstrate adequate sanitary sewage
and water systems are available for the intensity of the
development" Drinking water is provided from a permitted
groundwater well, Permit No. 171202A. The water system does
not serve 25, or more, persons per day for more than 60 days per
year, and is not a public water system. Wastewater is collected
and treated in a permitted septic tank and leach field system.
A 7,425-gallon per day, 12.5 pounds BOD per day, septic system
and leach field treatment system is permitted through the
Colorado Department of Public Health and Environment. The
Colorado Discharge Permit for Domestic Facilities number is
COX-621050. Irrigation water is provided from a permitted
groundwater well, Permit No. 43247-F-R.
b. Section 23-2-230.6.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
Sec 23-2-240. Design standards
1) Adequate water service. Drinking water is provided from a
permitted groundwater well, Permit No. 171202. The water
system does not serve 25, or more, persons per day for more than
60 days per year, and is not a public water system.
2) Adequate sewer service. Wastewater is collected and treated in a
permitted septic tank and leach field system. A 7,425-gallon per
day, 12.5 pounds BOD per day, septic system and leach field
treatment system is permitted through the Colorado Department of
Public Health and Environment. The Colorado Discharge Permit
for Domestic Facilities number is COX-621050.
3) Structure construction mitigated soil conditions. Geotechnical
investigations were conducted prior to construction of the lodge,
cabin, and associated buildings.
4) Adequate fire protection. The Hemingway Lodge is located in the
Platte Valley Fire Protection District. Equus Farms owns and
maintains a tanker truck on the site. The staff receives training
from the Fire District on an annual basis.
5) Stormwater management. The entire property, which includes the
golf course and sporting clay range, are covered by manicured
lawns and landscaping. Stormwater percolates into the
landscaping, and erosion is minimized by landscaping.
6) Parking and vehicle storage. Parking is provided at the
Hemingway Lodge for residents and guests. The site is located in
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a remote area of the property and is adequately buffered from
public roads. Staff vehicles are used periodically but carpooling is
encouraged. There is a 7-person ranch-owned vehicle used
specifically for this purpose.
7) Agricultural zone setback and offset requirements. The lodge
area is setback greater than 20 feet from the property line and the
lodge is offset greater than 12 feet from the property line.
8) Access. The Hemingway Lodge is served by a gravel-surfaced
ranch road that connects with County Road 87. The ranch road
widens where it connects to County Road 87. The width allows
vehicles to exit County Road 87 when vehicles are preparing to
enter the County road. The line-of-sight at the intersection of the
ranch road and County Road 87 is greater than 1,000 feet in both
directions. Use of the Hemingway Lodge does not generate
regular high traffic volumes.
9) Access to public rights-of-way. The Hemingway Lodge access
road is a private improved road that connects to County Road 87,
to the east of the lodge area.
10) Buffering from adjacent properties. The Hemingway Lodge area
is buffered from adjacent landowners by agricultural lands owned
by the same property owner. The site, at the eastern point, is 0.27
miles from County Road 87. The ranch road is 0.37 miles from
County Road 87 to the Hemingway Lodge entrance. In all, there
are over 20,000 acres of contiguous land under the same
ownership.
11) Uses by Special Review in the A (Agricultural) Zone District shall
be located on the least prime soils on the property.
Approximately 82.63 acres have been converted from
unproductive agricultural land to a residence for the property
owner and family, caretaker's residence, and private golf course
and sporting clay range.
Sec 23-2-250. Operation standards
1) Comply with noise standards, Section 25-12-101, C.R.S. Golf
participants do not produce noise. Noise from the sporting clay
range is occasional and buffered by the Hemingway Lodge
property owner's agricultural land surrounding the sporting clay
range. The range perimeter is landscaped with trees and bushes
to buffer noise.
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2) Comply with air quality regulations, Colorado Air Quality Control
Commission. The uses of the Hemingway Lodge housing, golf
course, and sporting clay range do not produce air pollution.
3) Comply with water quality regulations, Colorado Water Quality
Control Commission. Drinking water is provided from a permitted
groundwater well, Permit No. 171202. The water system does not
serve 25, or more, persons per day for more than 60 days per
year, and is not a public water system. Wastewater is collected
and treated in a permitted septic tank and leach field system.
A 7,425-gallon per day, 12.5 pounds BOD per day, septic system
and leach field treatment system is permitted through the
Colorado Department of Public Health and Environment. The
Colorado Discharge Permit for Domestic Facilities number is
COX-621050.
4) Comply with lighting standards. Exterior lighting is limited to
minimal porch lights on the residences and barn. Lighting does
not shine directly onto adjacent properties. Exterior lighting, direct
and reflected light, does not create a traffic hazard to operators of
motor vehicles on public or private streets. No colored lights are
used that may be confused with traffic control devices.
5) Uses shall not emit heat so as to raise the temperature of the air
more than 5 degrees Fahrenheit at, or beyond, the lot line. Uses,
including residential, golf, and sporting clay shooting, of the
Hemingway Lodge will not emit heat.
6) Property maintained to prevent weed growth. The Hemingway
Lodge grounds are manicured year-round.
c. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The Hemingway
Lodge area is located in the A (Agricultural) Zone District. Residences
include the lodge and caretaker residence. Other uses include a private
golf course, and a private sporting clay range. These uses are
determined to be more intense use of the land than agricultural
operations. The proposed use is allowed when permitted as Use by
Special Review. The proposed uses in the Hemingway Lodge area
include adequate provision for the protection of the health, safety and
welfare of the inhabitants of the neighborhood and County. The lodge
area is buffered by agricultural land owned by the same property owner.
Proposed uses do not produce noise or light pollution on adjoining
property. Traffic to and from the lodge site do not interfere with the
agricultural uses of adjoining property.
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
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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 property is not located in a municipal referral area or
in an area with an adopted Master Plan of an affected municipality. This
property is zoned A (Agricultural), as are all the properties surrounding
the site. Future development of the area will predominately remain in
agricultural production and retain rural uses.
e. Section 23-2-230.6.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. 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 lots 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. Approximately 82 acres has been removed from prime
agricultural land for the use of a hunting lodge, guest quarters, golf
course, and shooting range. The remaining property is in agricultural
production, with a good portion leased to area farmers for crops, etcetera.
g. Section 23-2-230.B.7 — There are adequate provisions for the protection
of the health, safety, and welfare of the inhabitants of the neighborhood
and County. The owner of the property has taken adequate measures to
protect the health, safety and welfare of the inhabitants and those that
visit. The applicant has complied with all federal, state and local
regulations as they apply to the uses on the property.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Equus Farms, Inc., for a Site Specific
Development Plan and Use by Special Review Permit #1786 for a Golf Course, Shooting
Range, Guest Farm and Hunting Lodge, 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. The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled USR-1786.
B. The attached Development Standards.
C. The plat shall be prepared in accordance with Section 23-2-260.D of the
Weld County Code.
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2. The applicant shall submit written evidence, to the Departments of Planning
Services and Public Health and Environment, that well permit number 171202-A
has been re-permitted to an exempt well.
3. Upon completion of Conditions of Approval #1 and #2 above, the applicant shall
submit three (3) paper copies of the plat for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the paper copies,
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 thirty (30) days from the date of the Board
of County Commissioners Resolution. The applicant shall be responsible for
paying the recording fee.
4. In accordance with Weld County Code Ordinance #2006-7, approved June 1,
2006, should the plat not be recorded within the required thirty (30) days from the
date of the Board of County Commissioners Resolution, a $50.00 recording
continuance charge shall be added for each additional three (3) month period.
5. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or
ArcGIS Personal GeoDataBase (MDB). The preferred format for Images is .tif
(Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps@co.weld.co.us.
6. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review plat
is ready to be recorded in the office of the Weld County Clerk and Recorder.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 5th day of October, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
1
ATTEST:l "17ti�� - �t�!% c",/LA-
/ Barbara Kirkmeyer,bhair /
Weld County Clerk to the Board
� � a
• �can P nway, Pro-Tem
BY:
Deputy CI to the Boa
iamF. C= cia
A ED F M: 1 N DXCd EED
Coun y Attorney Long
Dougla Rademacher
Date of signature: 10 1O-l
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
EQUUS FARMS, INC.
USR#1786
1. A Site Specific Development Plan and Use by Special Review Permit#1786 is for a Golf
Course, Shooting Range, Guest Farm and Hunting Lodge, and One Single Family
Dwelling Unit per lot, other than those permitted under Section 23-2-20.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 number of on-site employees, as listed and described in the application, is as
follows: Caretaker and family - 4; Golf course staff- 10. The caretaker and his family live
at Hemingway Lodge. Grounds keeping staff varies in the number working at the Lodge,
depending on the season.
4. The hours of operations, as listed and described in the application, are as follows: The
majority of the year, no one is at the Lodge after 7:00 p.m., other than the caretaker and
his family. Golf and sporting clay shooting occurs during daylight hours. Family and
guests periodically spend nights at the Lodge. Occasionally, the property owner hosts
large gatherings at the Lodge. The occasions are sometimes centered around dinner,
with guests staying late into the evening.
5. 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.
6. 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.
7. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions.
8. The facility shall be operated in accordance with the approved Waste Handling Plan, at
all times.
9. 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.
10. Adequate drinking, hand washing and toilet facilities shall be provided for employees
and patrons of the facility, at all times.
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11. All pesticides, fertilizer, and other potentially hazardous chemicals must be handled in a
safe manner in accordance with product labeling, and in a manner that minimizes the
release of hazardous air pollutants and volatile organic compounds. All chemicals must
be stored secure, on an impervious surface, and in accordance with manufacturer's
recommendations.
12. Sewage disposal for the facility shall be by septic system. Any septic system located on
the property must comply with all provisions of the Weld County Code pertaining to
Individual Sewage Disposal Systems, and the Colorado Department of Public Health
and Environment Regulation 22 (Domestic Wastewater Treatment Works).
13. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
14. In the event the facility's water system serves more than 25 persons on a daily basis, the
water system shall comply with the Colorado Primary Drinking Water Regulations
(5 CCR 1003-1). Evidence shall be provided to the Weld County Department of Public
Health and Environment that the system complies with the Regulations.
15. 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.
16. Effective April 25, 2011, building permits issued on the proposed lots will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee
Programs.
17. 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 Chapter 15, Articles I and II, of the Weld County Code.
18. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment 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 Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
19. 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
property damage of the type generally attributed to runoff rate and velocity increases,
diversions, concentration, and/or unplanned ponding of storm runoff.
20. 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.
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21. 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.
22. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the plat.
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