HomeMy WebLinkAbout20082039.tiff HEARING CERTIFICATION
DOCKET NO. 2008-55.A
RE: 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
A public hearing was conducted on September 3, 2008, at 10:00 a.m., with the following present:
Commissioner William H. Jerke, Chair
Commissioner Robert D. Masden, Pro-Tem
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher- EXCUSED
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
County Attorney, Bruce Barker
Planning Department representative, Kim Ogle
Health Department representative, Lauren Light
Public Works representative, Don Dunker
The following business was transacted:
I hereby certify that pursuant to a notice dated July 2, 2008, and duly published July 11, 2008, in
the Greeley Tribune, a public hearing was conducted on July 23, 2008, to consider the request 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 Roping Arenas (indoor and outdoor), in the A(Agricultural)Zone District,
at which time the Board deemed it advisable to continue the matter to September 3, 2008, at the
applicant's request. At said hearing on September 3, 2008, Bruce Barker, County Attorney, made
this a matter of record, and advised the applicant's representative, Robb Casseday, Casseday
Creative Designs, that he has the option of continuing the matter to a date when the full Board will
be present. However, if he decides to proceed today,the matter will require three affirmative votes,
or in the case of a tie vote, Commissioner Rademacher will listen to the record and make the
determining vote. Mr. Casseday indicated he would like to proceed today.
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and
entered the favorable recommendation of the Planning Commission into the record as written. He
stated this case was initiated through a Code violation, due to the commercial operation of the
arena without the proper permit; however, approval of this application will remedy the violation. He
stated the site is located north of County Road 76, and east of County Road 43, and is not located
within the three-mile referral area for any municipality. He stated the property is 160 acres in size,
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and the permit boundary consists of approximately eighteen acres. He stated the site is
surrounded by agricultural lands, and the nearest singly family residence is approximately 1/4 mile
to the north. He indicated no comments have been received from surrounding property owners,
and there are a total of six surrounding property owners within 500 feet of the property. He gave
a brief description of the surrounding land uses,and indicated the site currently contains an existing
arena for small rodeos which occur predominantly during the winter months. Mr. Ogle indicated
the property is impacted by Lone Tree Creek and Owl Creek, and confirmed the property contains
a portion of floodplain and floodway, and an existing Flood Hazard Development Permit for the
arena was approved in April, 2001. He indicated the applicant will be required to obtain a Flood
Hazard Development Permit for future development or additions to the current structure. He stated
water service to the site is provided by the North Weld County Water District, septic systems
handle the effluent flow, and the roping arena was permitted, in 2001, as a personal roping arena.
He further stated seventeen referral agencies reviewed the application materials, and thirteen
provided comments which have been addressed through the Conditions of Approval and
Development Standards. He requested that Condition of Approval #1.M be deleted, since the
applicant has indicated they would like to retain the feedlot designation approved through Special
Use Permit (SUP) #190, and he displayed photographs of the site and the surrounding area. In
response to Commissioner Masden, Mr. Ogle indicated the violation was not initiated through a
complaint from a neighbor, rather, it was originated by staff when it was noticed that the personal
roping arena was being advertised and utilized for commercial events on an occasional basis.
Responding to Chair Jerke, Mr. Ogle reiterated the applicant has obtained a Flood Hazard
Development Permit for the existing arena, and if the structure is modified, the applicant will be
required to re-apply for a permit.
Don Dunker, Department of Public Works, stated County Road 43 is a paved collector road,
requiring 80 feet of right-of-way at full buildout,with an average daily traffic count of approximately
510 vehicles. He stated the uses associated with the USR permit are expected to add
approximately 150 vehicle trips per event, and staff is requiring that a Stop sign be placed at the
access to stop traffic before entering County Road 43. He further stated the on-site parking shall
be delineated with signs, including a warning sign for the potential of flooding,and a sign indicating
no overnight parking will be allowed within the floodway for Lone Tree Creek. He confirmed the
applicant will be required to apply for a new Flood Hazard Development Permit for future buildings
constructed or grading activities within the floodplain area, and a water quality feature is required.
He indicated since the water quality feature is located within the floodway, additional maintenance
will be required due to the possibility of flooding. He indicated no berms will be allowed, and staff
has requested that the applicant provide final plans indicating all planned fencing, floodplain limits,
and parking and storage areas. In response to Commissioner Masden, Mr. Dunker indicated the
applicant will be required to dig out an area for the water quality feature, which will not require a
large amount of area, and he reiterated berms will not be permitted. He further stated the feature
will be utilized to trap manure and other runoff from the arena and parking lot to prevent spillage
into Lone Tree Creek. Responding to Chair Jerke, Mr. Dunker indicated the area will contain a
spillway, which will not be large in size. He clarified the applicant originally planned to place the
area outside of the floodway; however, the existing fencing would have to be removed. He
indicated he does not have major concerns with the water quality area being located within the
floodway, and confirmed the applicant will have to be diligent to clean out the area on a regular
basis. In response to Commissioner Masden, Mr. Dunker explained that due to FEMA regulations,
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the applicant will need to provide documentation of the water quality area. Responding to Chair
Jerke, Mr. Dunker stated the documentation requirements may be satisfied by the paperwork
completed by a registered engineer, indicating the dimensions of the area.
Lauren Light, Department of Public Health and Environment, stated the site will be serviced with
water from the North Weld County Water District, the proposed septic system will serve up to 250
people, and the design has been approved by the Board of Public Health. She indicated the
applicant has submitted a letter from the Environmental Protection Agency(EPA)which approves
the use of the septic system, and the applicant may require approval from the State, as referenced
within Condition of Approval #1.H. She further indicated the Department is requiring a Dust
Abatement Plan and Waste Handling Plan, and Development Standards#8 through#13 address
the requirements of the Department. She indicated Development Standard #17 may be deleted,
since the floodplain policy is now a part of the septic regulations.
Mr. Casseday indicated staff presented a thorough presentation, and he does not have additional
information to present; however, he would like to obtain clarification on several items within the
requirements. In response to Commissioner Long, Mr. Casseday stated visitors to the site will
come and go throughout the day, therefore, it is anticipated that a maximum of 150 people will be
on the site at any given time. Responding to Commissioner Masden, Mr. Casseday indicated the
title of the Resolution indicates Rodeo and Roping Arenas; however, the applicant would like to
amend the title to indicate an Equine Center, since horses are also shown on occasion. He
clarified events are held during the weekend, and most of the events and shows occur within the
summer months, approximately once or twice per month. In response to Commissioner Garcia,
Mr. Casseday requested that Development Standard#6 be modified to allow for up to twenty(20)
employees on the site since there are many volunteers on the site during events, and the applicant
does pay several employees to help set up and tear down during events. Responding to Chair
Jerke, Mr. Casseday confirmed adequate parking will be provided for the employees.
Commissioner Long indicated that the number of employees listed within the Resolution usually
refers to employees which typically work full-time at the site,and Mr. Ogle indicated the employees
will only be utilized during scheduled events.
No public testimony was offered concerning this matter.
Mr. Ogle reiterated the request for deletion of Condition of Approval#1.M,since the applicant would
like to retain the ability to operate a feedlot on the premises, and the Board concurred with the
deletion of Condition of Approval #1.M. The Board further concurred with the modification of
Development Standard#6 to allow up to twenty(20)employees. Mr. Ogle reiterated the applicant's
request to modify the text of the request to include an Equine Center, and suggested the words
"Equine Center" be inserted following the words "animal husbandry," within the title of the
Resolution, and all other references with the same language, and the Board concurred with the
request. The Board further concurred with the deletion of Development Standard #17, as
requested by the Department of Public Health and Environment.
In response to Chair Jerke, Mr. Casseday clarified the applicant desires for the words "Roping
Arenas" within the title to be replaced with the words "Equine Center" so that the title is inclusive
of all roping events. Further responding to Chair Jerke, Mr. Ogle concurred with the applicant's
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request, and Mr. Barker reiterated the language will need to modified throughout the document,
not just in the title of the Resolution. The Board concurred with the removal of the words "Equine
Center" after the words "animal husbandry', as previously approved, and concurred with the
addition of the words "Equine Center"to replace the words "Roping Arenas", as requested by the
applicant's representative,within all references throughout the Resolution. Mr.Casseday indicated
he has reviewed, and concurs with, the Conditions of Approval and Development Standards, as
modified.
Commissioner Long moved to approve the request 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, based on the recommendations of Planning staff and
the Planning Commission,with the Conditions of Approval and Development Standards as entered
into the record. His motion included the deletion of Condition of Approval #1.M, with the required
re-lettering; the modification of Development Standard #6 to state, "The Use by Special Review
shall be limited to twenty (20) employees."; the deletion of Development Standard #17, with the
required re-numeration,and the modification of all references within the Resolution to state"Equine
Center" in the place of"Roping Arenas." Seconded by Commissioner Garcia, the motion carried
unanimously.
There being no further discussion, the hearing was completed at 10:35 a.m.
This Certification was approved on the 8th day of September, 2008.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
/re %WELD COUNTY, COLORADO
ATTEST: trr�,.,!t�j �' 1„� 'n� � i�G+—''
Y ; ;iv"it m H. Jerke, Chair
Weld County Clerk to the '. nz&
; ca V _ \O---
.
v"`ice
I J Robes D. n, Pro-Tem
Dep Clerk tk the Board (/�l
Willis Garcia
�Tit;
David E. Long
EXCUSED
Douglas Rademacher
2008-2039
PL0756
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1633 - SPICER RANCHES, LTD
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 12/04/2007,
04/01/2008, and 05/06/2008)
D. Clerk to the Board Notice of Hearing (Filed under Legals)
E. Public Works Staff Additional Referral Comments, dated
07/16/2008
F. Applicant Request for Continuance, dated 07/22/08
G. Planning Staff Certification and photo of sign posting
H. U.S. Environmental Protection Letter re: Class V UIC Program, dated
8/19/08
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