HomeMy WebLinkAbout20011655.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1331 FOR AN INDOOR ARENA(PERSONAL TRAINING AND BOARDING)
THAT EXCEEDS FOUR PERCENT (4%) OF THE TOTAL LOT AREA OF A LOT IN A
RECORDED SUBDIVISION IN THE A(AGRICULTURAL) ZONE DISTRICT - BRIAN
AND KATHY WILLIAMSON
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 11th day
of July, 2001, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Brian and Kathy Williamson, 7257 Maple Street, Longmont, Colorado 80504,
for a Site Specific Development Plan and Use by Special Review Permit#1331 for an indoor
arena (personal training and boarding) that exceeds four percent (4%) of the total lot area of a
lot in a recorded subdivision in the A (Agricultural) Zone District on the following described real
estate, to-wit:
Lot 20, Enchanted Hills Subdivision; being part of
the SW1/4 of Section 8, Township 2 North, Range
67 West of the 6th P.M., Weld County, Colorado
WHEREAS, at the request of Department of Planning Services staff, the Board deemed
it advisable to continue said matter to Wednesday, July 25, 2001, at 10:00 a.m. in order to meet
the sign posting requirements, and
WHEREAS, on July 25, 2001, said applicants were present 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:
a. Section 23-2-230.6.1 —The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinances in effect. Section
22-2-60 A.1 states, "Preserve prime farmland for agricultural purposes
which foster the economic health and continuance of agriculture." This
2001-1655
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SPECIAL REVIEW PERMIT#1331 - BRIAN AND KATHY WILLIAMSON
PAGE 2
parcel is located on land designated as "Urban and Urban Built Up" land
according to the 1979 U.S.D.A. Soil Conservation Service Important
Farmlands of Weld County Map.
b. Section 23-2-230.B.2—The proposed use is consistent with the intent of
the A (Agricultural)Zone District. Enchanted Hills Subdivision was
recorded August 5, 1968, as an agriculturally zoned subdivision. Section
23-3-40.P allows accessory buildings with gross floor area larger than
four percent (4%) of the total lot area per building on lots in an approved
or recorded subdivision as a Use by Special Review in the A (Agricultural)
Zone District. The proposed indoor riding and training arena will cover
approximately 4.5 percent of the existing lot.
c. Section 23-2-230.6.3—The uses which will be permitted will be
compatible with the existing surrounding land uses. The site is
surrounded by existing single family residences and outbuildings within
the Enchanted Hills Subdivision. The proposed arena/bam will be larger
than the existing outbuildings within the subdivision.
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 proposed use is located within the
intergovernmental agreement area for the City of Firestone and the three-
mile referral area for the towns of Dacono and Frederick. No comments
have been received from these municipalities.
e. Section 23-2-230.B.5 --The application complies with Section 23-5 of the
Weld County Code. This site is located within the Southwest Weld Road
Impact Fee Area#3. This fee will be collected when a building permit is
issued. The site does not lie within any additional 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. Section 22-2-60 A.1 states, "Preserve prime farmland for
agricultural purposes which foster the economic health and continuance
of agriculture." This parcel is located on land designated as"Urban and
Urban Built Up" land according to the 1979 U.S.D.A. Soil Conservation
Service Map. No land designated as "prime" agricultural land will be
taken out of production.
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.
2001-1655
PL1536
SPECIAL REVIEW PERMIT#1331 - BRIAN AND KATHY WILLIAMSON
PAGE 3
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Brian and Kathy Williamson for a Site Specific
Development Plan and Use by Special Review Permit#1331 for an indoor arena (personal
training and boarding) that exceeds four percent (4%) of the total lot area of a lot in a recorded
subdivision in the A (Agricultural)Zone District on the hereinabove described parcel of land be,
and hereby is, granted subject to the following conditions:
1. The attached Development Standards for the Use by Special Review Permit
shall be adopted and placed on the Use by Special Review Plat prior to
recording. The completed plat shall be delivered to the Weld County
Department of Planning Services and be ready for recording in the Weld County
Clerk and Recorder's Office within 30 days of approval by the Board of County
Commissioners.
2. Prior to recording the plat:
A. The applicant shall submit a Dust Abatement Plan to the Environmental
Health Services Division, Weld County Department of Public Health and
Environment, for approval. Evidence of Department of Public Health and
Environment approval shall be submitted to the Department of Planning
Services.
B. The applicant shall submit a Manure and Storm Water Management Plan,
for approval, to the Environmental Health Services Division of the Weld
County Department of Public Health and Environment. 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
storm water that may come into contact with manure. Evidence of
Department of Public Health and Environment shall be submitted to the
Department of Planning Services.
C. The plat shall be amended to delineate the following:
1) Maple Street within the Enchanted Hills Subdivision is designated
on the Weld County Transportation Plan Map as a local gravel
subdivision road, which requires 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 Maple Street shall be delineated right-of-
way on the plat. This road is maintained by Weld County.
2) Off-street parking spaces and access drives shall be delineated
on the plat.
3) Off-street parking spaces and access drives shall be offset a
minimum of three-feet from adjacent property lines.
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PL1536
SPECIAL REVIEW PERMIT#1331 - BRIAN AND KATHY WILLIAMSON
PAGE 4
3. Prior to operation:
A. Proper building permits shall be obtained prior to construction of the
indoor arena.
4. 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 25th day of July, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
WEL TY, COLORADO
ATTEST: I��'I Ej�
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Weld County Clerk tot y�'o ���•
■ 1861 r �."�-.igZP.1
Glenn Vaad, Pro-Tem
BY: �./L t"*. r' Lt!
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Deputy Clerk to the : &N I EXCUSED
Jerke
PROV D AS M:
vid E. Long (tIN
my Atto�y Chv
Robert D. Masden
Date of signature: fr
Date of full execution: _
2001-1655
PL1536
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
BRIAN AND KATHY WILLIAMSON
USR#1331
1. The Site Specific Development Plan and Use by Special Review Permit #1335 is for an
indoor arena (personal training and boarding) that exceeds four percent (4%) of the total
lot area of a lot in a recorded subdivision 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 A(Agricultural)Zone District allows a maximum of four(4) horses per acre. This will
allow a maximum of 19 horses on this lot. Any proposal to exceed (19)horses on this site
will require an amended Use by Special Review Permit from Weld County.
4. Off-street parking spaces including the access drive shall be surfaced with asphalt,
concrete, or equivalent and shall be graded to prevent drainage problems.
5. If total traffic on Maple Street exceeds 200 vehicle trips per day due to the expansion of the
boarding and training facility, the applicant shall supply adequate dust control on Maple
Street from the entrance west to Weld County Road 15.
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.
7. The facility shall operate in accordance with the approved Dust Control Plan. The facility
shall have sufficient equipment available to implement appropriate dust control. Additional
control measures shall be implemented as required by the Weld County Health Officer.
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.
10. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and
handled in a safe manner. Reference Section 25-8-205.5 of the Colorado Water Quality
Control Act and Rules and Regulations.
11. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
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PL1536
DEVELOPMENT STANDARDS - BRIAN AND KATHY WILLIAMSON (USR#1331)
PAGE 2
12. Fugitive dust shall be controlled on this site.
13. The facility shall adhere to the maximum permissible noise levels allowed in the Residential
Zone District as delineated in Section 25-12-103, C.R.S.
14. The facility shall utilize the existing public water supply (Central Weld County Water
District).
15. The applicant shall comply with the Confined Animal Feeding Operation (CAFO)
Regulations (5 CCR 1002-19). Run-off retention and containment facilities shall be
designed by a registered professional engineer, reviewed and approved by the Weld
County Department of Public Health and Environment,and constructed in compliance with
State statutes.
16. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
17. The property owner or operation shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
18. 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.
19. 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.
20. 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.
2001-1655
PL1536
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