HomeMy WebLinkAbout20081887.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1633 FOR AN AGRICULTURAL SERVICE ESTABLISHMENT PRIMARILY
ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY, AND
HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS, INCLUDING
COMMERCIAL RODEO AND EQUINE CENTER (INDOOR AND OUTDOOR), IN THE
A (AGRICULTURAL) ZONE DISTRICT- SPICER RANCHES, LTD
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 23rd day of
July, 2008, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the
application of Spicer Ranches, LTD, 37440 County Road 43, Eaton, Colorado 80615, for a Site
Specific Development Plan and Use by Special Review Permit#1633 for an Agricultural Service
Establishment primarily engaged in performing agricultural, animal husbandry, and horticultural
services on a fee or contract basis, including Commercial Rodeo and Equine Center (indoor and
outdoor), in the A (Agricultural) Zone District, on the following described real estate, being more
particularly described as follows:
SW1/4 of Section 27, Township 7 North, Range 65
West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing on July 23, 2008, at the request of the applicant, the Board
deemed it advisable to continue the matter to September 3, 2008, at 10:00 a.m., and
WHEREAS, at said hearing on September 3, 2008, the applicant was represented by
Robb Casseday, Casseday Creative Designs, 55 South Elm Avenue, Suite 210, Eaton, Colorado
80615, 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 22-2-60.D (A.Goal 4) states, "Conversion of agricultural land to
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SPECIAL REVIEW PERMIT#1633 - SPICER RANCHES, LTD
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urban scale residential, commercial, and industrial uses will be considered
when the subject site is in an area that can support such development.
Such development shall attempt to be compatible with the region. This goal
is intended to address conversion of agricultural land to non-urban uses.
Once converted, this land is less conducive to agricultural production." The
site consists of 160 acres, and the U.S.D.A. Soils Maps of Prime Farmlands
of Weld County, dated 1979, indicate the soils on this property are "prime".
The applicant is utilizing approximately eighteen (18) acres for the equine
center, and the remainder of the site will be used for agricultural-related
activities, such as crop production and grazing.
b. Section 23-2-230.B.2--The proposed use is consistent with the intent of the
A(Agricultural)Zone District.Sections 23-3-40.6.17 and 23-3-40.B.18 of the
Weld County Code provide for Agricultural Service Establishments primarily
engaged in performing agricultural, animal husbandry, or horticultural
services on a fee on contract basis, including Commercial Rodeo and
Equine Center, (indoor and outdoor), as a Use by Special Review in the A
(Agricultural)Zone District. A violation, ZCV07-01045, was initiated due to
the commercial operation of an indoor and outdoor arena on the property
without the proper zoning permits. Approval of this Use by Special Review
will remediate the violation.
c. Section 23-2-230.B.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The site is bordered by agricultural
uses. Single family residences are located on properties to the south and
west of the site. The Conditions of Approval and Development Standards
will ensure that this use will be compatible with surrounding land uses. The
nearest home is approximately one-quarter of a mile to the north, and no
comments have been received from surrounding property owners.
d. Section 23-2-230.6.4--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. The site is not located within three miles of a municipality.
e. Section 23-2-230.B.5 -- The site does not lie within any Overlay Districts.
Effective January 1, 2003, building permits issued on the subject site will be
required to adhere to the fee structure of the County-Wide Road Impact Fee
Program. Effective August 1, 2005, building permits issued on the subject
site will be required to adhere to the fee structure of the Capital Expansion
Impact Fee and the Stormwater/Drainage Impact Fee.
f. Section 23-2-230.6.6 --The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The U.S.D.A. Soils Maps of Prime Farmlands of Weld County,
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dated 1979, designate the soils on this property as "prime", and the
applicant will utilize approximately 18 acres of the 160-acre parcel for the
indoor and outdoor arena, associated parking, and circulation patterns.
g. Section 23-2-230.8.7 -- The Design Standards (Section 23-2-240, Weld
County Code),Operation Standards(Section 23-2-250,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 Spicer Ranches, LTD, for a Site Specific Development
Plan and Use by Special Review Permit#1633 for an Agricultural Service Establishment primarily
engaged in performing agricultural, animal husbandry, and horticultural services on a fee or
contract basis, including Commercial Rodeo and Equine Center (indoor and outdoor), 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) Each plat sheet shall be labeled USR-1633.
2) The Use by Special Review plat shall be prepared in accordance
with Section 23-2-260.D of the Weld County Code.
3) The attached Development Standards.
4) The approved Landscape/Screening Plan.
5) The approved Lighting Plan.
6) The applicant shall delineate the trash collection area.
7) The applicant shall delineate all on-site parking. Parking for the
indoor and outdoor roping arena(s) shall be one-hundred and fifty
(150) spaces, with sixty (60) percent of the total, or ninety (90)
spaces, reserved for tractor/truck and trailer parking.
8) Driveways and parking areas shall be surfaced with gravel. The
type of gravel and location of the driveways and parking areas,
including existing areas, shall be delineated on the plat.
9) The applicant shall clearly delineate the Use by Special Review
boundary in comparison to the property boundary.
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10) County Road 43 is a paved collector road,which requires eighty(80)
feet of right-of-way at full buildout. There is currently sixty(60)feet
of right-of-way. An additional ten (10) feet of right-of-way shall be
delineated on the plat as future County Road 43 right-of-way. This
road is maintained by Weld County. The applicant shall verify the
existing right-of-way and the documents creating the right-of-way.
B. The applicant shall either submit a copy of an agreement with the property's
mineral owner/operators stipulating that the oil and gas activities have been
adequately incorporated into the design of the site, or show evidence that
an adequate attempt has been made to mitigate the concerns of the mineral
owner/operators. Drill envelopes can be delineated on the plat, in
accordance with state requirements, as an attempt to mitigate concerns.
The plat shall be amended to include any possible future drilling sites.
C. The applicant shall enter into an Improvements Agreement According to
Policy Regarding Collateral for Improvements and post adequate collateral
for all transportation (access drive, parking areas, etcetera), and
non-transportation items(plant materials,fencing,screening,etcetera). The
agreement and form of collateral shall be reviewed by County staff and
accepted by the Board of County Commissioners prior to recording the plat.
D. The applicant shall submit a Lighting Plan,for approval, to the Weld County
Department of Planning Services.
E. A Change of Use permit will be required on the arena for the proposed use.
The new use will probably be classified as an A-4. Final determination of all
code requirements and final classification will be done at the plan review
stage, when the permit is submitted. Plans will require the wet stamp of a
Colorado registered architect or engineer. A sprinkler system will not be
required, and unlimited size is permitted, per Section 507.3 of the 2006
International Building Code(IBC), based on the information given in the land
use application. The occupant load in the mezzanine needs to be posted,
addressing a maximum load of 150 occupants, and there shall be two exits.
In addition to Section 507.3 of the 2006 IBC, a fire alarm system will need
to be installed with manual fire alarm boxes.
F. Building height shall be measured in accordance with the 2006 International
Building Code (IBC) for the purpose of determining the maximum building
size and height of various uses and types of construction and to determine
compliance with the 2006 IBC.
G. The applicant shall attempt to address the requirements of the Weld County
Sheriffs Office,as stated in the referral response dated November 13,2007.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
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H. The applicant shall address the requirements of the Weld County
Department of Public Health and Environment, as stated in the referral
response dated November 15, 2007. Evidence of such shall be submitted,
in writing, to the Weld County Department of Planning Services.
The applicant shall address the requirements of the Weld County
Department of Public Works, as stated in the referral response dated
November 14, 2007. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
J. The applicant shall address the requirements of the Weld County
Department of Planning Services Landscape referral, dated October 10,
2007. Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
K. The applicant shall address the requirements of the Weld County
Department of Building Inspection, as stated in the referral response dated
October 18, 2007. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
L. The applicant shall address the requirements of the Eaton Fire Protection
District, as stated in the referral response dated December 3, 2007.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
M. The applicant shall submit two (2) paper copies of the plat, for preliminary
approval, to the Weld County Department of Planning Services.
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 thirty(30)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 thirty(30)days from the date of
Board of County Commissioners Resolution, a $50.00 recording continuance
charge shall be added for each additional three (3) month period.
4. The Department of Planning Services respectfully requests the surveyor provide a
digital copy of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo
Coverages and Arclnfo Export files format type is .e00. The preferred format for
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Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be sent
to maps@co.weld.co.us.
5. 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 3rd day of September, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
�,y �I ELD COUNTY, COLORADO
ATTEST: LL//kb''l' " �L`L�L.�✓
' 1161 r i ':m H. Jerke, Chair
Weld County Clerk to the Bo-
1 �'.e D. e , Pro-Tem
BY
C t ft i
Dep y Clerk e Board
Willis Garcia
RO T M: CL Eci-P
David E. Long
ounty Attorney EXCUSED
Douglas Rademacher dddd
Date of signature: 113°k
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
SPICER RANCHES, LTD
USR#1633
1. A Site Specific Development Plan and Use by Special Review Permit #1633 is for an
Agricultural Service Establishment primarily engaged in performing agricultural, animal
husbandry, and horticultural services on a fee or contract basis, including Commercial
Rodeo and Equine Center (indoor and outdoor), in the A (Agricultural) Zone District, and
subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code.
3. Public water shall be provided by the North Weld County Water District.
4. The hours of operation shall be limited from 8:00 a.m., until 11:00 p.m., Monday through
Sunday.
5. The number of attendees shall not exceed one-hundred fifty(150) in the indoor arena and
two-hundred fifty(250) for the indoor and outdoor arena combined.
6. The Use by Special Review shall be limited to twenty (20) employees.
7. 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.
8. Animal and feed wastes, bedding, debris, and other organic wastes shall be disposed of
so that vermin infestation, odors, disease hazards, and nuisances are minimized. Such
wastes shall be removed, at least weekly, from the facility and disposed by a commercial
hauler.
9. 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.
10. 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.
11. 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.
12. The applicant shall operate in accordance with the approved Waste Handling Plan.
13. 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.
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14. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District, as delineated in Section 25-12-103, C.R.S.
15. Adequate hand washing and toilet facilities shall be provided for patrons of the facility.
16. 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.
17. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
18. Effective January 1, 2003, building permits issued on the subject site will be required to
adhere to the fee structure of the County-Wide Road Impact Fee Program.
19. Effective August 1, 2005, building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee Programs.
20. The landscaping on the site shall be maintained in accordance with the approved
Landscape/Screening Plan.
21. The lighting on the site shall be maintained in accordance with the approved Lighting Plan.
22. A plan review is required for each building for which a building permit is required. Plans
shall include a floor plan and bear the wet stamp of a Colorado registered architect or
engineer. Two complete sets of plans are required when applying for each permit. The
applicant shall provide a Code Analysis Data Sheet, provided by the Weld County
Department of Building Inspection, with each building permit application.
23. Each building will require an engineered foundation based on a site-specific Geotechnical
Report or an open hole inspection performed by a Colorado registered engineer.
Engineered foundations shall be designed by a Colorado registered engineer.
24. 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, 2008 National Electrical Code, and
Chapter 29 of the Weld County Code.
25. Building height shall be measured in accordance with the 2006 International Building Code
(IBC)for the purpose of determining the maximum building size and height of various uses
and types of construction, and to determine compliance with the 2006 IBC.
26. Fire resistance of walls and openings,construction requirements, maximum building height,
and allowable areas will be reviewed at the plan review. Setback and offset distances shall
be determined by Chapter 23 of the Weld County Code.
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27. The applicant shall place a sign stating "Warning: Parking Lot May Flood".
28. The applicant shall place signs with the intent to prevent overnight or extended parking of
vehicles in the floodway, excluding agricultural equipment, etcetera.
29. A letter of approval from the Eaton Fire Protection District is required prior to the issuance
of the building permit.
30. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.) and
Emissions Permit application from the Air Pollution Control Division of the Colorado
Department of Public Health and Environment, if applicable. Evidence of approval shall be
submitted to the Department of Planning Services.
31. The property owner shall allow any mineral owner the right of ingress or egress for the
purposes of exploration,development, completion, recompletion, re-entry, production,and
maintenance operations associated with existing or future operations located on these
lands.
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. Weld County Government 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.
35. 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.
36. 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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