HomeMy WebLinkAbout20042579.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1393 FORA COMMERCIAL ROPING ARENA(INDOOR/OUTDOOR)AND A
SINGLE FAMILY DWELLING UNIT (OTHER THAN THOSE PERMITTED UNDER
SECTION 23-3-20.A OF THE WELD COUNTY CODE) IN THE A (AGRICULTURAL)
ZONE DISTRICT - BEAU RAPPEL AND JED RAPPEL
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 22nd day of
September,2004,at the hour of 10:00 a.m.in the Chambers of the Board for the purpose of hearing
the application of Beau Rappel and Jed Rappel,34018 Weld County Road 55,Gill,Colorado 80624,
for a Site Specific Development Plan and Use by Special Review Permit#1393 for a Commercial
Roping Arena(indoor/outdoor)and a Single Family Dwelling Unit(other than those permitted under
Section 23-3-20.A of the Weld County Code) in the A (Agricultural)Zone District on the following
described real estate, to-wit:
Lot A of Recorded Exemption#2060;being part of the
S1/2 SW1/4 of Section 10,Township 6 North, Range
64 West of the 6th P.M., Weld County, Colorado
WHEREAS,at said hearing on the 22nd day of September, 2004, Department of Planning
Services staff recommended this matter be continued one week, due to the property not being
posted in a timely manner, and
WHEREAS, the Board of County Commissioners deemed it advisable to continue this
matter until September 29, 2004, and
WHEREAS, on September 29, 2004, said applicant was represented by Tim Clancy of
Witwer,Oldenburg, Barry,and Johnson, LLP,822 7th Street,Suite 760,Greeley,Colorado 80631,
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.B of the Weld County Code as follows:
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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. A.Goal 1 states,
"Preserve prime farmland for agricultural purposes which foster the
economic health and continuance of agriculture". The U.S.D.A.Soils Maps
indicate that the soils on this property are designated"Prime", however,the
parcel is only 20 acres in size, which is not conducive to farming. No
"Prime" farmland will be taken out of production.
b. Section 23-2-230.B.2--The proposed use is consistent with the intent of the
A(Agricultural)Zone District. Section 23-3-40.6.16 of the Weld County Code
provides for commercial roping arenas as a Use by Special Review in the
A (Agricultural) Zone District. Section 23-3-40 of the Weld County Code
provides for one (1) single-family dwelling unit per lot, other than those
permitted under Section 23-3-20.A, 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 property to the east is planted
in hay, to the west is an open field,to the south is a single-family residence
and hay crop, and to the north is a single-family residence. As the indoor
arena already exists, there will not be a visual impact on the adjoining
properties. The Conditions of Approval and Development Standards will
ensure that any incompatibilities will be mitigated.
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 within the three-mile referral area of any municipalities.
e. Section 23-2-230.6.5 --The site does not lie within any Overlay Districts.
Effective January 1,2003, Building Permits issued on the proposed lots will
be required to adhere to the fee structure of the County-Wide Road Impact
Program.
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 Map indicates that the soils on this property are
designated "Prime", however, due to the size of the parcel no "Prime"
farmland will be taken out of production.
g. Section 23-2-230.6.7 -- 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 Beau Rappel and Jed Rappel for a Site Specific
Development Plan and Use by Special Review Permit #1393 for a Commercial Roping Arena
(indoor/outdoor) and a Single Family Dwelling Unit (other than those permitted under
Section 23-3-20.A of the Weld County Code)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. All pages of the plat shall be labeled USR-1393.
B. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) Weld County Roads 70 and 55 are designated on the County-Wide
Impact Fee Code Ordinance as local gravel roads,which require 60
feet of right-of-way at full build out. There is presently 60 feet of
right-of-way. A total of 30 feet from the centerline of Weld County
Roads 70 and 55 shall be delineated as right-of-way on the plat.
These roads are maintained by Weld County.
3) Remove the additional access as requested by the Weld County
Department of Public Works, as indicated in the referral dated
June 21, 2002.
4) The internal circulation shall be clearly indicated on the plat.
5) Two separate parking areas shall be indicated;one for public parking
and the other for trucks with trailers.
6) A minimum of 140 parking spaces, including spaces which adhere
to ADA standards. 50 spaces shall accommodate trailers and shall
be a minimum of 10 feet wide by 35 feet long. Parking shall meet the
requirements of Section 23-2-240.A.6 and Chapter 23, Article IV,
Division 1, of the Weld County Code.
7) Landscaping,parking, lighting,and signage shall be indicated on the
plat and shall adhere to the appropriate sections of the Weld County
Code.
8) 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.
9) Outside storage areas shall be clearly indicated and shall be
screened to meet the requirements of Section 23-3-250.A.9 of the
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Weld County Code. Adequate screening of outside storage shall be
provided with solid board fencing spaced one-quarter(1/4)inch and
a minimum of six (6) feet in height, or an equivalent screening
provided that it is approved by the Department of Planning Services.
10) Conform to Section 23-2-260.D of the Weld County Code which
refers to Special Review Permit Plan Map requirements.
C. 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, or complete all parking and
landscaping requirements prior to recording the plat . 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 Waste Handling Plan, for approval, to the
Environmental Health Services Division of the Weld County Department of
Public Health and Environment. Written evidence of approval of the plan
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 the 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
the 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,etcetera. The plan should
also describe the fate of any stormwater that may come into contact with
manure. Written evidence of approval of the plan shall be provided to Weld
County Department of Planning Services.
F. 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 approval of
the plan shall be provided to Weld County Department of Planning Services.
G. All septic systems located on the property shall have appropriate permits
from the Weld County Department of Public Health and Environment. The
Environmental Health Division of the Weld County Department of Public
Health and Environment was unable to locate a septic permit for a house
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located on this property. Any existing septic system(s)which is not currently
permitted through the Weld County Department of Public Health and
Environment will require an Individual Sewage Disposal System (I.S.D.S.)
evaluation prior to the issuance of the required septic permit(s). In the event
the system(s)is found to be inadequate,the system(s)must be brought into
compliance with current I.S.D.S. Regulations. Written evidence of such shall
be provided to Weld County Department of Planning Services.
H. In accordance with Above Ground Storage Tank Regulations
(7 CCR 1101-14)a spillage retention berm shall be constructed around the
tank battery. The volume retained by the spillage berm should be greater
than the volume of the largest tank inside the berm. Alternative protective
measures may be allowed provided they comply with the Above Ground
Storage Tank Regulations.
The applicant shall contact the Weld County Sheriff's Office to discuss
safety and security issues as stated in the referral response received July 9,
2002. Written evidence of contact shall be provided to the Weld County
Department of Planning Services.
J. The applicant shall attempt to comply with the requirements of the Galeton
Volunteer Fire Department in accordance with the referral dated July 1,2002.
Written evidence of such shall be submitted in writing to the Weld County
Department of Planning Services.
K. The applicant shall provide written evidence to the Weld County Department
of Planning Services from the Weld County Code Compliance Officer
indicating the violation (VI-0100166)will be closed upon recordation of the
plat.
L. The applicant shall submit evidence from the Colorado Division of Water
Resources that the existing well on the property can be used for irrigation
purposes. If not currently permitted,the applicant shall supply evidence that
they have applied to the Division of Water Resources to change the use of
the well or provide evidence that the well has been abandoned.
M. Piles of tree branches, tree trunks, and miscellaneous items are located to
the east of the existing arena building. These items considered to be part of
a noncommercial junkyard must also be removed from the property or
screened from adjacent properties and public rights-of-way. Evidence of
such shall be provided to the Department of Planning Services.
N. The applicant shall apply for a Building Permit for the change in use of the
former garage/storage building into a single family residence and for the
arena building. Evidence that a Building Permit has been applied for shall be
submitted to the Department of Planning Services.
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2. Prior to Operation:
A. The applicant shall provide written evidence to the Weld County Department
of Planning Services from the Weld County Department of Public Works and
the Galeton Volunteer Fire Department indicating the parking plan has been
reviewed and approved.
3. 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 sixty(60)days from the
date of the Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee.
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
Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to
mapsco.weld.co.us.
5. The Use by Special Review activity shall not occur, nor shall any Building or
Electrical Permits be issued, 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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The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 29th day of September, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
"%. LD COUNTY, COLORADO
e,‘ I 14)%lt
t I tair i M �' `ter Robert D. Masden, Chair
Stair un���rk to the Board
Nr
•��( r `� I , • William H. Je e, Pro-Tem
Deputy Clerk to the Board /"a- _ L
M. J. V`eile
APP S TO F EXCUSED
David a Long j
orne�
Glenn Vaad
Date of signature: /B l3 t'4'
2004-2579
PL1742
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
BEAU RAPPEL AND JED RAPPEL
USR #1393
1. The Site Specific Development Plan and Use by Special Review Permit #1393 is for a
Commercial Roping Arena(indoor/outdoor)and a Single Family Dwelling Unit(other than
those permitted under Section 23-3-20.A of the Weld County Code)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. 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.
4. The facility shall have sufficient equipment available to implement dust control as required
by the Weld County Department of Public Health and Environment.
5. The facility shall be in compliance with the Confined Animal Feeding Operation (CAFO)
Control Regulations (5 CCR 1002-19).
6. 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.
7. 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.
8. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
9. 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.
10. Fugitive dust shall be controlled on this site. The facility shall be operated in accordance
with the approved Dust Abatement Plan at all times.
11. 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.
12. The applicant shall maintain compliance with the CAFO Control Regulations
(5 CCR 1002-19).
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13. The facility shall operate in accordance with the approved Manure, Waste Handling and
Stormwater Plans.
14. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
15. Portable toilet facilities shall be provided for participants using the roping arena. The toilet
facilities shall be maintained by a commercial vendor.
16. Bottled or tap water shall be provided for patrons of the facility.
17. The landscaping on the site shall be maintained in accordance with the approved Landscape
Plan.
18. As stated in the application materials, hours of operation shall be from 5:00 p.m. to
11:00 p.m., Monday through Friday, and 10:00 a.m. to 11:00 p.m. on Saturdays and
Sundays. Hours of operation may be expanded with specific permission from the Board
of County Commissioners.
19. Roping events shall be limited to a maximum of one hundred participants.
20. No parking or staging of vehicles shall be allowed on Weld County Roads 55 or 70. Utilize
on-site parking areas.
21. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
22. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
23. 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.
24. 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.
25. 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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