HomeMy WebLinkAbout20021742.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bryant Gimlin,along with changes to Condition of Approval 1A4 and Development Standard#25,
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-1380
APPLICANT: Richard McMahan for Saddler Arena
PLANNER: Lauren Light
LEGAL DESCRIPTION: Lot A of RE-3101; part of the S2 of Section 9, T7N, R67W of the 6th P.M.,
Weld County, Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for an
Equestrian Events Center including commercial roping/rodeo arena,animal
training and boarding, livestock sales facility, equestrian events and
concession sales. Included is an additional request for a Commercial
Recreational Facility which includes Antique shows and auctions, canine
events, boat and recreational vehicle shows in the A (Agricultural) Zone
District.
LOCATION: North of and adjacent to State Hwy 14;approximately'%mile east of WCR
17/State Highway 257.
be recommended favorably 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 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 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 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. North Weld will provide water and Box
Elder Sanitation will eventually provide sewer services. Section 22-2-150.6.1 (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 23-2-220.A.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 23-2-220.A.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. Conditions of Approval and
Development Standards ensure that the proposal is consistent with surrounding land uses.
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 r
development as projected by Chapter 22 of the Weld County Code and any other applicable 5 #
code provisions or ordinances in effect, or the adopted Master Plans of affected Z
municipalities. This proposal does lie within the three mile referral area for the Towns of W
2002-1742 tseator°e°
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Resolution USR-1380
Richard McMahan
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Windsor and Severance. Both Towns returned referrals indicating there is no conflict with
their interests.
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 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 Comprehensive Plan 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 23-2-220.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 ensure that there are adequate provisions for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation 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.
The Planning Commission's recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) The attached Development Standards. (Department of Planning Services)
2) The plat shall be labeled Use by Special Review, USR-1380 (Department of
Planning Services)
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. (Department
of Public Works)
4) The facility shall make reasonable accommodations pertaining to the ADA
standards.
5) The internal circulation shall be clearly indicated on the plat for trucks pulling
trailers. The 60'x 60'area at the end of each alley way shall be indicated as a no
parking area to provide an ample area for turn around. (Department of Public
Works)
6) Two separate parking areas shall be indicated. One for public parking and the other,
which would not require backing, for trucks with trailers. (Department of Planning
Services, Department of Public Works)
7) Any additional information required by Colorado Department of Transportation shall
be indicated on the plat. (Department of Public Works)
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
Resolution USR-1380
Richard McMahan
Page 3
Planning Services. (Department of Planning Services, Department of Public Works)
C. Provide written evidence to the Weld County Department of Planning Services that any
Colorado Department of Transportation (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. (Department of Planning Services)
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:(Department of Public Health and Environment)
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 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 the 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. Written evidence of such shall be provided to Weld County Department of
Planning Services. (Department of Public Health and Environment)
F. The applicant shall obtain a stormwater 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. (Department of Public
Health and Environment)
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. (Department of Public Health and Environment)
H. The applicant shall submit and have approved by Weld County Department of Planning
Services a landscape,screening,signage and lighting plan. The plan shall include,but is not
limited to, the following items: (Department of Planning Services)
1) All signage shall be indicated by location and size and shall adhere to Section 23-4-
100 of the Weld County Code. (Department of Planning Services)
2) Lighting shall be indicated in accordance with Section 23-3-250.6.6 of the Weld
County Code. (Department of Planning Services)
3) Off-street loading parking areas shall be indicated which meet the requirements of
Section 23-4-50 of the Weld County Code. (Department of Planning Services)
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.
(Department of Planning Services)
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
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Richard McMahan
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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 an equivalent screening provided that
it is approved by the Planning Department. (Department of Planning Services)
6) Landscaping shall adhere to Section 23-3-250.A.5 of the Weld County Code.
(Department of Planning Services)
The applicant shall contact the Weld County Sheriffs Office to discuss safety and security
issues as stated in the referral response received April 10,2002. Written evidence of contact
shall be provided to the Weld County Department of Planning Services. (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. (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.
(Department of Planning Services)
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.(Poudre Fire
Authority, 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. (Department of Building Inspection)
2. Prior to operation:
1) A stop sign shall be placed at the appropriate location prior to entering on to State Highway
14. (Department of Planning Services)
2) Any road improvements required by CDOT shall be completed or written evidence shall be
provided to Weld County Department of Planning Services that a time schedule and
adequate finances for improvements have been approved by CDOT. (Department of
Planning Services)
3. An individual sewage disposal system is required for the proposed facilities and shall be installed
according to the Weld County Individual Sewage Disposal Regulations. The septic system(s)is/are
required to be designed by a Colorado Registered Professional Engineer according to the Weld
County Individual Sewage Disposal 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. (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.
(Department of Planning Services)
5. 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
Resolution USR-1380
Richard McMahan
Page 5
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 ninety(90)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)
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 maos(Wrco.weld.co.us. (Department of Planning Services)
7. 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
SADDLER ARENA LLC
USR-1380
1. The Site Specific Development Plan and Special Use Permit is for an Equestrian Events Center
including, commercial roping/rodeo arena, animal training and boarding, livestock sales facility,
equestrian events and concession sales in the A(Agricultural)Zone District. Included is an additional
request for a Commercial Recreational Facility which includes, antique shows and auctions, canine
events, boat and recreation vehicle shows 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. Commercial events,including but not limited to: antique shows and auctions,canine events,boat and
recreation vehicle shows shall be limited to 6 per calendar year. An Assembly Permit shall be
required as outlined in Chapter 12, Article I of the Weld County Code for commercial events which
exceed 6 per year. Commercial events do not include equestrian events. (Department of Planning
Services)
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. (Department of Planning Services)
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. (Department of Planning Services)
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 water-tight surface which does not permit seepage or percolation of manure
pollutants into the ground. (Department of Public Health and Environment)
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. (Department
of Public Health and Environment)
8. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
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. (Department of Public Health and Environment)
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,30-20-100.5,C.R.S.,as amended.(Department of Public Health and Environment)
10. 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)
11. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment)
12. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone
District as delineated in 25-12-103, C.R.S. (Department of Public Health and Environment)
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13. Adequate hand washing and toilet facilities shall be provided for the public. (Department of Public
Health and Environment)
14. The facility shall utilize the existing public water supply ( North Weld County Water District).
(Department of Public Health and Environment)
15. The facility shall operate in accordance with the approved dust control, manure,waste handling and
stormwater plans. (Department of Public Health and Environment,Department of Planning Services)
16. The facility shall maintain compliance with the Confined Animal Feeding Operation Regulations.
(Department of Public Health and Environment)
17. The applicant shall provide adequate toilet facilities(port-a-potty)during special events. (Department
of Public Health and Environment)
18. The applicant shall comply with the Colorado Food Establishment Rules and Regulations,25-4-1601
C.R.S.governing the regulation of retail food service establishments. (Department of Public Health
and Environment)
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. (Department of Public Health and
Environment)
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.(Department of Planning Services)
21. The applicant is responsible for all improvements to State Highway 14 as required by Colorado
Department of Transportation. (Department of Planning Services)
22. No parking or staging of vehicles shall be allowed on State Highway 14. Utilize on-site parking areas.
(Department of Planning Services)
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. (Department of Public
Works)
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. (Department of Planning Services)
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.
(Department of Planning Services)
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
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Richard McMahan
Page 3
all applicable Weld County regulations.
30. 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.
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.
Motion seconded by Stephan Mokray
VOTE:
For Passage Against Passage Absent
Cristie Nicklas
Fred Walker
Michael Miller
John Folsom
Cathy Clamp
Bryant Gimlin
Stephen Mokray
/^ Luis Llerena
Bruce Fitzgerald
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 June 18, 2002.
Dated the18th of June, 2002.
Voneen Macklin
Secretary
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