HomeMy WebLinkAbout20021741.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1380 FOR AN EQUESTRIAN EVENTS CENTER AND COMMERCIAL
RECREATIONAL FACILITY IN THE A(AGRICULTURAL) ZONE DISTRICT -
SADDLER ARENA, LLC, CIO RICHARD MCMAHAN
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 24th day
of July, 2002, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Saddler Arena, LLC, do Richard McMahan, 5911 Linden View Court, Fort
Collins, Colorado 80524, for a Site Specific Development Plan and Use by Special Review
Permit#1380 for an Equestrian Events Center (commercial roping/rodeo arena, animal training
and boarding, livestock sales facility, equestrian events, and concession sales), as well as a
Commercial Recreational Facility (antique shows and auctions, canine events, and boat and
recreational vehicle shows) in the A (Agricultural) Zone District on the following described real
estate, to-wit:
Lot A of Recorded Exemption #3101; being part of
the S1/2 of Section 9, Township 7 North, Range 67
West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by Todd Hodges, Todd Hodges Design,
LLC, 2412 Denby Court, Fort Collins, Colorado 80526, at said hearing, 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 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 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 23-2-230.8 of the Weld County Code as follows:
a. Section 23-2-230.8.1 —The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
Section 22-2-60.B (A.Goal 2) allows commercial uses which are directly
related to, or dependent upon, agriculture to locate within agricultural
zoning when the impact to surrounding properties is minimal and where
adequate service and infrastructure are available. The proposed arena is
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SPECIAL REVIEW PERMIT #1380 - SADDLER ARENA, LLC, C/O RICHARD MCMAHAN
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directly related to agriculture due to the nature of the facility which will
revolve around equestrian events. State Highway 14 provides access to
the facility. The North Weld County Water District will provide water and
the Box Elder Sanitation District will eventually provide sewer services.
Section 22-2-150.B.1 (C.Goal 2) requires commercial development to be
compatible with adjacent land uses. The Development Standards,
Conditions of Approval, and Operations Standards will effectively mitigate
any adverse impacts to surrounding areas.
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.B, C, Q, R, and U of
the Weld County Code provides for the various uses indicated by the
applicant 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. The surrounding
area consists of mainly agricultural operations. There are no homes
located directly adjacent to the site. The Conditions of Approval and
Development Standards ensure that the proposal is consistent with
surrounding land uses.
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. This proposal lies within the three-mile referral
areas for the Towns of Windsor and Severance. Both Towns returned
referrals indicating there is no conflict with their interests.
e. Section 23-2-230.B.5—The site does not lie within any Overlay Districts.
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 property is Lot A of Recorded Exemption #3101.
A portion of the site is considered "Prime" agricultural land by the
Important Farmlands of Weld County Map, dated 1979. However,
Section 22-2-60.1.1 of the Weld County Code indicates that eighty (80)
acres is considered the minimum lot size needed for a viable farming
operation and the subject property is 34.9 acres in size.
g. Section 23-2-230.B.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.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Saddler Arena, LLC, do Richard McMahan, for a
Site Specific Development Plan and Use by Special Review Permit#1380 for an Equestrian
Events Center (commercial roping/rodeo arena, animal training and boarding, livestock sales
facility, equestrian events, and concession sales), as well as a Commercial Recreational Facility
(antique shows and auctions, canine events, and boat and recreational vehicle shows) 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) The attached Development Standards.
2) The plat shall be labeled Use by Special Review, USR-1380.
3) Indicate a twenty-four (24) foot opening at the access point to
State Highway 14. All other vehicle gates shall be indicated as a
minimum width of 20 feet.
4) The facility shall make reasonable accommodations pertaining to
the Americans with Disabilities Act (ADA) standards. A minimum
of 364 parking spaces, which meet the requirements of
Section 23-2-240.A.6 and Chapter 23, Article 4, Division 1, of the
Weld County Code.
5) The internal circulation shall be clearly indicated on the plat for
trucks pulling trailers. The 60-foot by 60-foot area at the end of
each alley way shall be indicated as a no parking area to provide
an ample area for turn around.
6) Two separate parking areas shall be indicated. One for public
parking and the other, which would not require backing, for trucks
with trailers.
7) Any additional information required by the Colorado Department
of Transportation (CDOT) shall be indicated on the plat.
B. A Storm Water Drainage Report shall be submitted to Weld County
Department of Public Works in accordance with the referral dated
March 27, 2002. Construction shall not occur until the Drainage Report is
approved by Weld County Department of Public Works. Evidence of
approval of the Drainage Report shall be provided to the Weld County
Department of Planning Services.
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C. Provide written evidence to the Weld County Department of Planning
Services that any CDOT issues have been resolved. If CDOT requests a
traffic study, copies of the study shall be provided to Weld County
Departments of Planning Services and Public Works.
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. Written evidence of such shall be
provided to Weld County Department of Planning Services. The plan
shall include at a minimum the following:
1) A list of wastes which are expected to be generated on 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 site.
3) The waste handler and facility where the waste will be disposed
(including the facility name, address, and phone number).
E. The applicant shall submit a Manure and Storm Water Management Plan
to the Weld County Department of Public Health and Environment for
review and approval. The plan should describe how manure generated
on the site will be stored, managed, removed, land applied, etcetera. The
plan should also describe the fate of any stormwater that may come into
contact with manure. Written evidence of such shall be provided to Weld
County Department of Planning Services.
F. The applicant shall obtain a Storm Water Discharge Permit from the
Colorado Department of Public Health and Environment, Water Quality
Control Division. Written evidence of such shall be provided to Weld
County Department of Planning Services.
G. A Dust Abatement Plan shall be submitted to the Environmental Health
Services Division of the Weld County Department of Public Health and
Environment, for approval prior to operation. Written evidence of such
shall be provided to Weld County Department of Planning Services.
H. The applicant shall submit a Landscaping, Screening, Signage and
Lighting plan to the Department of Planning Services for review and
approval. The plan shall include, but is not limited to, the following items:
1) All signage shall be indicated by location and size and shall
adhere to Section 23-4-100 of the Weld County Code.
2) Lighting shall be indicated in accordance with
Section 23-3-250.B.6 of the Weld County Code.
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3) Off-street loading parking areas shall be indicated which meet the
requirements of Section 234-50 of the Weld County Code.
4) Trash collection area(s) in accordance with Section 23-3-250.A.6
of the Weld County Code. Additional landscaping shall be
indicated near the trash enclosure areas.
5) Outside storage areas shall be clearly indicated and shall be
screened to meet the requirements of Section 23-3-250.A.9 of the
Weld County Code. Adequate screening of outside storage shall
be provided with solid board fencing spaced 1/4 inch and a
minimum of six (6) feet in height or equivalent screening provided
that it is approved by the Department of Planning Services.
6) Landscaping shall adhere to Section 23-3-250.A.5 of the Weld
County Code.
The applicant shall contact the Weld County Sheriff's Office to discuss
safety and security issues as stated in the referral response dated
April 10, 2002. Written evidence of contact shall be provided to the Weld
County Department of Planning Services.
J. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
K. The applicant shall enter into a Private Improvements Agreement
According to Policy Regarding Collateral for Improvements and post
adequate collateral for parking and landscaping requirements. 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.
L. The applicant shall attempt to comply with the requirements of the
Poudre Fire Authority in accordance with the referral dated April 16,
2002. Written evidence of such shall be submitted in writing to the Weld
County Department of Planning Services.
M. The applicant shall address the requirements of the Department of
Building Inspection, as stated in the referral response dated March 20,
2002, regarding Building Permits and requirements. Evidence of such
shall be submitted in writing to the Weld County Department of Planning
Services.
N. The applicant shall contact the Water Supply and Storage Company to
address its concerns, evidence of such shall be submitted in writing to the
Weld County Department of Planning Services.
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2. Prior to operation:
A. A Stop sign shall be placed at the appropriate location prior to entering
onto State Highway 14.
B. Any road improvements required by CDOT shall be completed, or written
evidence shall be provided to the Weld County Department of Planning
Services that a time schedule and adequate finances for improvements
have been approved by CDOT.
3. An Individual Sewage Disposal System is required for the proposed facilities and
shall be installed according to the Weld County Individual Sewage Disposal
System (I.S.D.S.) Regulations. The septic system(s) is/are required to be
designed by a Colorado Registered Professional Engineer according to the Weld
County I.S.D.S. Regulations. In the event the septic system(s) requires a design
capacity of over 2,000 gallons of sewage per day or serves 20 or more persons
per day the applicants shall comply with all requirements of the Water Quality
Control Division of the Colorado Department of Public Health and Environment.
4. Written documentation shall be provided to Weld County Departments of Public
Health and Environment and Planning Services at such time the facility is
connected to a public sewer system.
5. 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
ninety (90) days from the date of the Board of County Commissioners
Resolution. The applicant shall be responsible for paying the recording fee.
6. The Department of Planning Services respectively 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 Images is .tif (Group 4). (Group 6 is not acceptable). This digital file
may be sent to mapseco.weld.co.us.
7. 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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SPECIAL REVIEW PERMIT#1380 - SADDLER ARENA, LLC, C/O RICHARD MCMAHAN
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 24th day of July, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
g lL
COUNTY, � LORADQ
�,..�� J UJJ\
ATTEST: ,I 4 E L,, C� Pie+
` GI-mn aad, Chair
Weld County Clerk to th:fi::.. _
f .:
,� David ng, Pro-Tem
BY:
Deputy Clerk to the BotT I ,,7
CJ. eile
APPR AST M: _ _7 77/x'
illiam H. Jerk
/r
my Attorney
Robert D. asden
Date of signature: 3'//
2002-1741
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
SADDLER ARENA, LLC, C/O RICHARD MCMAHAN
USR#1380
1. The Site Specific Development Plan and Use by Special Review Permit #1380 is for an
Equestrian Events Center(commercial roping/rodeo arena, animal training and boarding,
livestock sales facility, equestrian events, and concession sales), as well as a Commercial
Recreational Facility(antique shows and auctions,canine events,and boat and recreational
vehicle shows)in the A(Agricultural)Zone District,as indicated in the application materials
on file 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. Commercial events,including but not limited to,antique shows and auctions,canine events,
boat and recreational vehicle shows, shall be limited to six per calendar year. A Temporary
Assembly Permit shall be required as outlined in Chapter 12, Article I, of the Weld County
Code for commercial events which exceed six per year. Commercial events do not include
equestrian events.
4. As stated in the application materials, hours of operation shall be from 7:00 a.m. to
10:00 p.m. The hours of operation are for events only, not for care of facilities and/or
livestock. Events shall include both commercial and equestrian events. Hours of operation
may be expanded with specific permission from the Board of County Commissioners.
5. Weekly equestrian events shall be limited to a maximum of 500 people until such time the
facility is connected to a public sewer system.
6. The applicant shall remove, handle, and stockpile manure from the livestock area in a
manner that will prevent nuisance conditions. The manure piles shall not be allowed to
exist or deteriorate to a condition that facilitates excessive odors, flies, insect pests, or
pollutant runoff. The manure storage site shall have a watertight surface which does not
permit seepage or percolation of manure pollutants into the ground.
7. Animal and food 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, or more frequently, from the facility and hauled
by a commercial hauler.
8. 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.
9. 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.
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10. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
11. Fugitive dust shall be controlled on this site.
12. The 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.
13. Adequate hand washing and toilet facilities shall be provided for the public.
14. The facility shall utilize the existing public water supply(North Weld County Water District).
15. The facility shall operate in accordance with the approved Dust Control, Manure, Waste
Handling and Storm Water plans.
16. The facility shall maintain compliance with the Confined Animal Feeding Operation(CAFO)
Regulations.
17. The applicant shall provide adequate portable toilet facilities during special events.
18. The applicant shall comply with the Colorado Food Establishment Rules and Regulations,
Section 25-4-1601, C.R.S., governing the regulation of retail food service establishments.
19. Any vehicle washing area(s) shall capture all effluent and prevent discharges from the
washing of vehicles in accordance with the Weld County Code, the Rules and Regulations
of the Water Quality Control Commission, and the Environmental Protection Agency.
20. Effective December 1, 1999, Building Permits issued on the parcel will be required to
adhere to the fee structure of the Windsor Service Area Road Impact Program.
21. The applicant is responsible for all improvements to State Highway 14 as required CDOT.
22. No parking or staging of vehicles shall be allowed on State Highway 14. Utilize on-site
parking areas.
23. The off-street parking spaces, including the access drive, shall be surfaced with gravel,
asphalt, concrete, or equivalent, and shall be graded to prevent drainage problems.
24. Each parking space shall be equipped with wheel guards, when necessary, to prevent
vehicles from extending beyond the boundary of the space and coming into contact with
other vehicles, walls, fences, sidewalks or planting.
25. The facility shall maintain reasonable accommodations pertaining to the ADA requirements.
26. The landscaping on site shall be maintained in accordance with the approved Landscape
Plan.
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27. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
28. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
29. Personnel from the Weld County Departments of Public Health and Environment, Planning
Services, and Public Works 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.
30. 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.
31. 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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