HomeMy WebLinkAbout20021910.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Cristie Nicklas that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1383
APPLICANT: Javier Fernandez&Gabriela Gutierrez c/o Ariel Gutierrez
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Lot 19 Vantage Acres Filing 2, being part of the SW4 of Section 17,
T1 N, R65W of the 6th P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for a
Commercial Rodeo Arena in the A(Agricultural)Zone District.
LOCATION: North of and adjacent to WCR 8 and West of and adjacent to Western
Drive.
be recommended unfavorably to the Board of County Commissioners 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 Planning Commission that the applicant has not shown compliance with
Section 23-2-220 of the Weld County Code as follows:
a. Section 23-2-220.A.1 --The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinances in effect.
Section 22-2-60.B.1 (A.Goal 2 states" Allow commercial and industrial 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 services and
infrastructure are available." Surrounding properties have been impacted substantially
by the prior roping events. Planning Staff does not believe that Design Standards
(Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld
County Code) and Conditions of Approval can ensure that there are adequate provisions
for the protection of health, safety, and welfare of the inhabitants of the neighborhood
and County.
Section 22-2-60.B.2.a (A.Policy 3.1) If it is determined that a public facility, service
improvements or maintenance are required by a development, the developer will be
required to pay for the costs of the public facility and service improvements and
maintenance. The applicant is proposing to truck in water for the events. The Weld
County Department of Public Health and Environment has indicated that the applicant
needs to obtain a well or community water system which is legally permitted for the use.
Weld County Staff does not believe that the applicants proposed water supply is
adequate.
b. Section 23-2-220.A.2 --Although Section 23-3-40.B.16 of the Weld County Code
provides for commercial roping arenas as a Use by Special Review in the A
(Agricultural)Zone District, Planning Staff does not believe that Design Standards
(Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld
County Code) and Conditions of Approval can ensure that there are adequate provisions
for the protection of health, safety, and welfare of the inhabitants of the neighborhood
and County.
EXHIBIT
2002-1910 F ckse #1S23
�.. Resolution USR-1383
Javier Fernandez
Page 2
c. Section 23-2-220.A.3--The uses which will be permitted will not be compatible with the
existing surrounding land uses. Properties to the east, west and northwest are small
acreage residential lots. South of the lot is agricultural. The site is located within Vantage
Acres subdivision. Many letters requesting denial have been submitted. Concerns were
raised including loud music, traffic, trash, speeding drivers, alcohol, drugs, dust, parking
along county roads, gambling and cruelty to animals. Conditions of Approval and
Development Standards cannot ensure that incompatibilities will be adequately
mitigated.
d. Section 23-2-220.A.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 lies within the three mile referral area of the Towns of
Hudson and Lochbuie. The Town of Hudson indicated no conflicts with their interests.
The Town of Lochbuie did not respond to the referral request.
e. Section 23-2-220.A.5--The site does not lie within any Overlay Districts.
f. Section 23-2-220.A.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 indicate that the soils on this property are designated " Urban and Urban
Build-up".
g. Section 23-2-220.A.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 cannot ensure that there are adequate provisions for the
protection of health, safety, and welfare of the inhabitants of the neighborhood and
County.
This recommendation for denial is based, in part, upon a review of the application materials submitted by
the applicant, other relevant information regarding the request, and responses from referral entities.
Should the Planning Commission choose to approve the Use by Special Review Permit, Planning Staff
recommends the following be attached as Conditions of Approval and Development Standards:
1. Prior to recording the plat:
A. The applicant shall submit a Landscape/Screening Plan for review and approval. All on
site landscape treatment shall comply with Section 23-3-250.A.5.a and A.5.b of the Weld
County Code. The applicant shall provide a plant material list delineating the proposed
species to be used, including a turf species if installed. The plan shall also address the
following:
1) Per Section 23-3-250.A.2 of the Weld County Code, the applicant shall
delineated sufficient screened off street paved parking areas unless waived by
the Department of Public Works. Further, one off-street loading space is
required for a facility of this size. All parking and loading areas shall be
screened from adjacent properties and road rights-of-way. The applicant shall
delineate an opaque visual screen on all sides of the property to mitigate the
potential negative impact and aesthetic concerns on surrounding properties.
Resolution USR-1383
Javier Fernandez
Page 3
2) Section 23-3-250.A.6 of the Weld County Code addresses the issue of trash
collection areas. Areas used for storage or trash collection shall be screened
from adjacent public rights-of-way and adjacent properties. These areas shall
be designed and used in a manner that will prevent wind or animal scattered
trash.
3) Section 23-3-250.B addresses operation standards for Commercial uses. The
applicant shall address the issue of on-site lighting, including security lighting if
applicable. Subsection F. states "any lighting ... shall be designed, located and
operated in such a manner as to meet the following standards: sources of light
shall be shielded so that beams or rays of light will not shine directly onto
adjacent properties...."
4) The applicant has not delineated any on-site sign(s). If an on-site sign(s) is
desired, the signs shall adhere to Section 23-4-90.A and .B of the Weld County
Code. One identification sign per principal use shall be allowed, provided that
the sign does not exceed sixteen (16) square feet in area per face. Further, the
location of the sign, if applicable shall be delineated on the Landscape/Site
Plan. (Department of Planning Services)
B. The applicant shall submit a dust abatement plan to the Environmental Health Services,
Weld County Department of Public Health & Environment, for approval prior to
operation. Evidence that Environmental Health Services has received the dust
abatement plan shall be submitted to the Weld County Department of Planning
Services. (Department of Public Health and Environment)
C. An individual sewage disposal system is required for the proposed facility and shall be
installed according to the Weld County Individual Sewage Disposal Regulations. The
septic system is required to be designed by a Colorado Registered Professional
Engineer according to the Weld County Individual Sewage Disposal Regulations.
Evidence of approval shall be submitted to the Weld County Department of Planning
Services. (Department of Public Health and Environment)
D. The applicant shall submit a manure and stormwater management plan to the Weld
County Department of Public Health and Environment for review and approval. The
plan should describe how manure generated on site will be stored, managed, removed,
land applied, etc. The plan should also describe the fate of any stormwater that may
come into contact with manure. Evidence of Department of Public Health and
Environment approval shall be submitted to the Weld County Department of Planning
Services. (Department of Public Health and Environment)
E. The applicant shall submit evidence to the Department of Planning Services, from the
Colorado Division of Water Resources, demonstrating that the well(s) are/is
appropriately permitted for the commercial use or that a community water system is
available. (Department of Public Health and Environment)
F. If the applicant chooses a community water system, appropriate documentation shall be
provided which indicates not only that a tap is available, but provide assurances that the
connection will be made. The style of assurance may take several forms, however pre-
purchase of the tap, a line extension agreement, tap service agreement, or another form
of"participation agreement"will be acceptable. The agreement shall be approved by the
Resolution USR-1383
Javier Fernandez
Page 4
Weld County Attorney's Office prior to recording the plat. (Department of Planning
Services)
G. The applicant shall submit a Parking Plan to the Weld County Department of Planning
Services for review and approval. The plan shall indicated separate, adequate parking
areas for pickups outfitted with horse trailers or tractor trailers and public parking. The
arena parking area shall accommodate a minimum of sixty parking spaces as delineated
in the application materials. Further, the applicant shall address all requirements of the
American for Disabilities Act in future drawings. Typically, one of the two parking
spaces shall be van accessible with an eight (8)foot aisle between parking spaces. The
area for the non-ambulatory parking spaces shall be paved. In addition, a curb cut or
ramped area from the parking area into the arena enclosure has not been delineated on
the plat. All parking spaces shall have curb stops. (Departments of Planning Services
and Public Works)
H. The applicant shall submit a Circulation Plan to the Weld County Department of
Planning Services for review and approval. The internal circulation within the arena
area is unclear. Future drawings shall delineate the proposed circulation pattern
including emergency access. The aisle width and parking spaces shall conform with
Chapter 23, Appendix A of the Weld County Code. (Department of Planning Services)
The applicant shall meet with the Weld County Sheriff's Office to discuss security
concerns. (Sheriffs Office)
J. 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 (plant materials, fencing,
screening, water, signage 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 USR plat. (Department of Planning Services)
K. The applicant shall remove all trucks and equipment related to Fernandez Trucking from
the site. (Department of Planning Services)
L. All items considered to be part of a noncommercial junkyard must be removed from the
property or screened from adjacent properties and public rights-of-way. The applicant
shall schedule a final inspection with the Weld County Zoning Compliance Officer and
submit a copy of the closure letter indicating compliance with Chapter 23 of the Weld
County Code. (Department of Planning Services)
M. The plat shall be amended to delineate the following:
1) The approved Landscape/Screening Plan. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) One access point from Weld County Road 8. (Department of Public Works)
4) The approved Parking Plan. (Department of Public Works)
5) Weld County Road 8 is designated on the Weld County Transportation Plan
Map as a Collector status road. There is presently 60 feet of right-of-way. An
Resolution USR-1383
Javier Fernandez
Page 5
additional ten (10)feet shall be delineated on the plat as right-of-way reservation
for future expansion of Weld County Road 8.
6) The approved Circulation Plan. (Department of Planning Services)
7) The plat shall be labeled USR-1383. (Department of Planning Services)
2. Prior to operation:
A. A properly sized culvert will be placed at the access to accommodate drainage run-off
from the parking lot. (Department of Public Works)
B. The parking lot shall be graded and drained in such a manner that there will not be an
impact on adjacent property owners. (Department of Public Works)
C. A stop sign shall be located in the appropriate location at the access and Weld County
Road 8. (Department of Public Works)
3. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld
County Department of Planning Services. (Department of Planning Services)
4. Upon completion of 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 Department of Planning Services' Staff. 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. (Department of Planning Services)
5. 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 maps(a),co.weld.co.us. (Department of Planning
Services)
6. The Special Review activity shall not occur nor shall any building or electrical permits be issued
on the property until the Special Review plat is ready to be recorded in the office of the Weld
County Clerk and Recorder. (Department of Planning Services)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Javier Fernandez and Gabriela Gutierrez
USR-1383
1. The Site Specific Development Plan and Special Use Permit is for a Commercial Roping Arena in
the A(Agricultural)Zone District,as indicated in the application materials on file and subject to the
Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. 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 water-tight surface which does not permit seepage or percolation of
manure pollutants into the ground. (Department of Public Health and Environment)
4. The facility shall maintain compliance with the Confined Animal Feeding Operation Regulations(5
CCR 1002-19). (Department of Public Health and Environment)
5. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended)shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
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, 30-20-100.5, C.R.S., as amended. (Department of Public Health and
Environment)
7. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. (Department of Public Health and
Environment)
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. (Department of
Public Health and Environment)
9. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment)
10. The facility shall be operated in accordance with the approved dust abatement plan at all times.
(Department of Public Health and Environment)
11. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone
as delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment)
12. The applicant shall operate in accordance with the approved"manure and stormwater management
fa-
plan". (Department of Public Health and Environment)
13. Adequate toilet facilities shall be provided for employees and patrons of the arena. (Department of
Public Health and Environment)
Resolution USR-1383
Javier Fernandez
Page 2
14. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado
Department of Public Health&Environment,Water Quality Control Division. (Department of Public
Health and Environment)
15. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
16. The applicant shall comply with Colorado Retail Food Establishment Rules and Regulations
governing the regulation of food service establishments. (Department of Public Health and
Environment)
17. The facility shall be operated in a manner to control flies. Additional fly control measures shall be
implemented at the request of the Weld County Department of Public Health and Environment in
the event that flies(which can be determined to be associated with the facility)are in such a number
to be considered a nuisance condition. (Department of Public Health and Environment)
18. A properly sized culvert will be placed at the access to accommodate drainage run-off from the
parking lots. (Department of Public Works)
19. The parking lot shall be graded and drained in such a manner that there will not be an impact on
adjacent property owners. (Department of Public Works)
20. No staging or parking will be allowed on Weld County Road 8. (Department of Public Works)
21. A stop sign shall be located in the appropriate location at the access and Weld County Road 8.
(Department of Public Works)
22. Landscaping materials as proposed in the Approved Landscape Plan shall be maintained at all
times. Dead or diseased plant materials shall be replaced with materials of similar quantity and
quality at the earliest possible time. (Department of Planning Services)
23. Any on-site sign(s) shall adhere to Section 23-4-90.A and .B of the Weld County Code. One
identification sign per principal use shall be allowed,provided that the sign does not exceed sixteen
(16) square feet in area per face. (Department of Planning Services)
24. All structures, including signs,on site must obtain the appropriate building permits. (Department of
Planning Services)
25. The operation shall be limited to Saturday and Sunday. Hours of operation shall be from eleven
o'clock a.m. and not extend beyond seven o'clock p.m. (Department of Planning Services)
26. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
27. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
28. Personnel from the Weld County Departments of Public Health and Environment and Planning
Services 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.
r. Resolution USR-1383
Javier Fernandez
Page 3
29. The 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.
30. 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.
Motion seconded by Stephan Mokray.
VOTE:
For Passage Against Passage
Michael Miller
Bryant Gimlin
Cristie Nicklas
Cathy Clamp
Stephan Mokray
John Folsom
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Voneen Macklin, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on May 21, 2002.
Dated the 215`of May, 2002.
Voneen Macklin
Secretary
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