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Home My WebLink About20012699.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1302 FOR A COMMERCIAL ROPING ARENA IN THE A(AGRICULTURAL) ZONE DISTRICT - L. BLAKE NELSON 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 17th day of October, 2001, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of L. Blake Nelson, 12071 Weld County Road 15, Longmont, Colorado 80504, for a Site Specific Development Plan and Use by Special Review Permit#1302 for a Commercial Roping Arena in the A (Agricultural) Zone District on the following described real estate, to-wit: Part of the E1/2 of Section 6, Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, said applicant was 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.B.1 —The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinances 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 "Irrigated land (not prime)." 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.B.16 of the Weld County Code provides for commercial roping arenas as a Use by Special Review in the A (Agricultural) Zone District. 2001-2699 PL1559 • CCr �1 A/2, ,/z A/,o/ SPECIAL REVIEW PERMIT#1302 - L. BLAKE NELSON PAGE 2 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 permitted by Special Use Permit#63 for a turkey farm. The turkey farm is located on the property east of the Firestone Trail (old railroad right of way). To the north and west are small agricultural lots with residences. A gravel mining operation northwest of the site has recently been recommended for approval by the Planning Commission. The Town of Firestone has annexed property to the southwest of the site. The Conditions of Approval and Development Standards will ensure that any incompatibilities will be mitigated. d. Section 23-2-230.B.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 Mead and Frederick. In a referral response received November 7, 2000, the Town of Frederick indicated no conflicts with their interests. The Town of Mead did not respond to the referral request. The site is within the Firestone Intergovernmental Agreement Area. Firestone submitted a referral response dated November 2, 2000, that indicated the applicant would not be granted access along the Firestone Trail. Since that time the applicant and the Town of Firestone have negotiated an agreement to allow the use to access along the trail. e. Section 23-2-230.B.5 —The application complies with Section 23-5 of the Weld County Code. Effective December 1, 1999, Building Permits issued on the lot will be required to adhere to the fee structure of the Southwest Weld Road Impact Program Area 3. f. Section 23-2-230.B.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 "Irrigated land (not prime)". 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. 2001-2699 PL1559 SPECIAL REVIEW PERMIT #1302 - L. BLAKE NELSON PAGE 3 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of L. Blake Nelson for a Site Specific Development Plan and Use by Special Review Permit#1302 for a Commercial Roping Arena 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 60 days of approval by the Board of County Commissioners. 2. Prior to recording the plat: A. The applicant shall submit a Manure 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. Evidence of Department of Public Health and Environment approval shall be submitted to the Weld County Department of Planning Services. B. The applicant shall submit to the Weld County Department of Planning Services evidence of a permanent water supply. C. The plat shall be amended as follows: 1) The Township shall read 2. 2) The vicinity map shall meet all requirements of Section 23-2- 260.C.4 of the Weld County Code. 3. 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. 2001-2699 PL1559 SPECIAL REVIEW PERMIT#1302 - L. BLAKE NELSON PAGE 4 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of October, A.D., 2001. BOARD OF OUNTY COMMISSIONERS WELD C NTY, COLORADO ATTEST: fatal/ I i i ;;, jedl - M. J. eile, et Weld County Clerk tot oaft) . .; Glenn Vaad, ro-Te BY: iia ��%•:�. �: i Deputy Clerk to the B UN EXCUSED DATE OF SIGNING (AYE) APPROVFJ AS TO ORM: VitaLn Jtecifit V E. Long \\,kr, frney L, Robert D. Masden Date of signature: /�23 2001-2699 PL1559 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS L. BLAKE NELSON USR#1302 1. The Site Specific Development Plan and Use by Special Review 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. 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. In no event shall the facility impact or degrade waters of the State in violation of the Confined Animal Feeding Operation (CAFO) Control Regulations (5CCR 1002-19). 4. The facility shall maintain compliance with the CAFO Control Regulations and the Weld County Code. 5. All liquid and solid wastes, as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-101, C.R.S., shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 6. No permanent disposal of wastes shall be permitted at this site. 7. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 8. Fugitive dust shall be controlled on this site. 9. 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. 10. Portable toilet facilities shall be provided for family and participants using the roping arena. 11. The applicant shall provide bottled water or tap water for patrons. 12. Any existing buildings that have the usage changed, will require review and building permits. Before any buildings are moved or demolished, building permits are required. 13. Building permits are required for any accessory buildings moved onto the property. 14. Separate building permits are required for advertisement/identification signs. Signs shall adhere to Article IV, Division 2, of the Weld County Code. Engineering may be required. 2001-2699 PL1559 DEVELOPMENT STANDARDS - L. BLAKE NELSON (USR #1302) PAGE 2 15. Electrical permits are needed for any site lighting or any other electrical work done on the property. Electrical work shall conform to the 1999 National Electrical Code (NEC). All electrical work in public areas shall be performed by a licensed Colorado electrical contractor. 16. Complete drawings shall be submitted to the appropriate Fire District for review. 17. Additional requirements or changes may be required when building applications or plans are reviewed by the Weld County Department of Building Inspection or the Fire District. 18. Effective December 1, 1999, Building Permits issued on the lot will be required to adhere to the fee structure of the Southwest Weld Road Impact Program area 3. 19. Should the applicant be required to abandon the access along the Firestone Trail in accordance with the Grant of Easement and Agreement with the Town of Firestone, the applicant will establish an access that meets all Weld County Department of Public Works and Mountain View Fire Protection District requirements. 20. Special Use Permit#63, approved on July 7, 1970, for a turkey facility included the entire southeast quarter of Section 6, Township 2 North, Range 67 West of the 6th P.M., in the legal description for the site. However, the facility never extended to the west side of the railroad right-of-way.The applicant understands they have no authority to establish a turkey facility in accordance with Special Use Permit#63. 21. The facility shall be limited to operating from the beginning of May through the end of September. Hours of operation shall not extend beyond 12:00 a.m. 22. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 23. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 24. 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. 25. 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. 2001-2699 PL1559 DEVELOPMENT STANDARDS - L. BLAKE NELSON (USR#1302) PAGE 3 26. 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. 2001-2699 PL1559 Hello