HomeMy WebLinkAbout20012700.tiff i-. BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Cristie Nicklas, with the change to Development Standard#21, 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-1302
APPLICANT: L. Blake Nelson
ADDRESS: 12071 WCR 15, Longmont, CO 80504
REQUEST: A Site Specific Development Plan and a Special Review Permit for a Commercial
Roping Arena in the A(Agricultural)Zone District
LEGAL DESCRIPTION: Pt. E2 of Sec. 6, T2N, R67W of the 6th P.M., Weld County, CO
LOCATION: South of and adjacent to Weld County Road 26 &west of Weld County Road 15
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 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 23-2-220.A.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.
c. Section 23-2-220.A.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. Conditions of approval and development standards will ensure that any
incompatibilities will be 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 Chapter22 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 L1
Frederick. In a referral response received November 7, 2000, the Town of Frederick m YL
indicated no conflicts with their interests.The Town of Mead did not respond to the referral r
request. The site is within the Firestone Intergovernmental Agreement Area. Firestone )411C41
2001-2700 T"
Resolution Case USR-1302
Page 2
submitted a referral response dated November 2,2000,that indicated the applicants would
not be granted access along the Firestone Trail.Since that time the applicant and Firestone
have negotiated an agreement to allow the use to access along the trail.
e. Section 23-2-220.A.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 23-2-220.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"Irrigated land(not prime)".No"Prime"
farmland will be taken out of production.
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 Commissions recommendation for approval is conditional upon the following:
1. The attached Development Standards for the Special Review Permit shall be adopted and placed
on the 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. (Dept. of
Planning Services)
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. (Dept. of Public Health and Environment)
B. The applicant shall submit to the Weld County Department of Planning Services a
completed,recorded copy of the Grant of Easement and Agreement between the applicant
and the Town of Firestone allowing access along the Firestone Trail. The plat shall be
amended to show the recording information and limits of the access road as agreed upon.
(Dept. of Planning Services)
C. The applicant shall submit to the Weld County Department of Planning Services evidence
of a permanent water supply. (Dept. of Public Health and Environment)
D. The plat shall be amended as follows:
1) The Township shall read 2. (Dept. of Planning Services)
2) The vicinity map shall meet all requirements of Section 23-2-260.C.4 of the Weld
County Code. (Dept. of Planning Services)
Resolution Case USR-1302
Page 3
3. 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. (Dept. of Planning Services)
Motion seconded by Stephan Mokray.
VOTE:
For Passage Against Passage
Cristie Nicklas
Arlan Marrs
Fred Walker
Stephan Mokray
John Folsum
Jack Epple
Bruce Fitzgerald
Michael Miller
Bryant Gimlin
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 August 21, 2001.
Dated the 21'of August, 2001.
JOt3l �CtC ILL t,�
Voneen Macklin
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
L. BLAKE NELSON
USR-1302
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. (Dept. 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. (Dept. 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. In no event shall the
facility impact or degrade waters of the State in violation of the Confined Animal Feeding Operation
Control Regulations (5CCR 1002-19) (Dept. of Public Health and Environment)
4. The facility shall maintain compliance with the Confined Animal Feeding Operation Control
Regulations and the Weld County Code. (Dept. of Public Health and Environment)
5. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-101, C.R.S.)shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Dept. of Public Health and Environment)
6. No permanent disposal of wastes shall be permitted at this site. (Dept. 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. (Dept. of Public Health and Environment)
8. Fugitive dust shall be controlled on this site. (Dept. of Public Health and Environment)
9. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone
District as delineated in 25-12-103, C.R.S. (Dept. of Public Health and Environment)
10. Adequate toilet and hand washing facilities shall be provided for the public. An individual sewage
disposal system is required for the proposed roping arena 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. (Dept. of Public Health and Environment)
11. The applicant shall provide bottled water for patrons. (Dept. of Public Health and Environment)
12. Any existing buildings that have their usage changed,will require review and building permits. Before
any buildings are moved or demolished, building permits are required. (Dept. of Building Inspection)
13. Building permits are required for any accessory buildings moved onto the property. (Dept.of Building
Inspection)
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. (Dept. of Building
Inspection)
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. (Dept. of Building Inspection)
16. Complete drawings shall be submitted to the appropriate fire district for review. (Dept. of Building
Inspection)
Resolution Case USR-1302
Page 2
17. Additional requirements or changes may be required when building applications or plans are reviewed
by the Weld County Building Inspection Department or the Fire District.(Dept.of Building Inspection)
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. (Dept. of Planning Services)
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. (Dept. of Planning Services)
20. Special Use Permit 63, approved on July 7, 1970 for a turkey facility included the entire southeast
quarter of section 6, T2N, R67W 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 applicants understand that
they have no authority to establish a turkey facility in accordance with Special Use Permit 63. (Dept.
of Planning Services)
21. The operation shall be limited to two evenings per week from the beginning of May to the end of
September. Hours of operation shall not extend beyond twelve o'clock p.m. (Department of Planning
Services)
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 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.
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.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, August 21, 2001
A regular meeting of the Weld County Planning Commission was held Tuesday,August 21,2001, in the Weld
County Public Health/Planning Building,(Room 210), 1555 N. 17th Avenue,Greeley,Colorado. The meeting
was called to order by Chair, Michael Miller, at 1:30 p.m.
ROLL CALL
Michael Miller
Bryant Gimlin
Cristie Nicklas
Fred Walker --
John Folsom
Stephan Mokray
Cathy Clamp
Luis Llerena
Also, Present: Monica Daniels-Mika, Director, Julie Chester, Planner, Sheri Lockman, Planner, Robert
Anderson, Planner, Department of Planning Services; Cindy Etcheverry, Trevor Jiricek, Char Davis, Pam
Smith, Department of Public Health; Don Carroll, Public Works; Lee Morrison, Assistant County Attorney;
Wendi Inloes, Voneen Macklin, Recording Secretary
The summary of the last regular meeting of the Weld County Planning Commission held on August 7,2001,
was approved as read.
Case Number: Z-543
Applicant: Daryl) and Carol Propp, Propp Realty, Inc. (Long's Peak Estates)
Planner: Julie Chester
Address: 1200 West Colfax Avenue, Suite B-130, Lakewood, CO 80215
Request: Change of Zone from Agricultural to PUD for seven (7) lots with
Estate uses, with common open space. Lot sizes from 2.87 t 4.28
acres.
Legal Description: Part of the NW4 and part of the NE4 of Section 9,Township 1 North,
Range 68 West of the 6th P.M., Weld County, Colorado
Location: South of and adjacent to WCR 12, between WCR's 5 and 7
Julie Chester, Department of Planning Services, requested that Case Z-543, be continued to
September 4, 2001. The request for continuance us due to the public notice not being published
in the County newspaper.
Cristie Nicklas moved that Case Z-543 be continued to September 4, 2001 hearing date. Stephan
Mokray seconded the motion`Motion carried unanimously.
— Case Number USR-1302
Applicant: L. Blake Nelson
Address: 12071 WCR 15, Longmont, CO 80504
Request: A Site Specific Development Plan and a Special Review Permit for a
Commercial Roping Arena in the A (Agricultural) Zone District
Legal Description: Pt. E2 of Sec. 6, T2N, R67W of the 6th P.M., Weld County, CO
Location: South of and adjacent to Weld County Road 26 & west of Weld County
Road 15
John Folsom excused himself from this case. EXHIBIT
C
uSe tip
Summary of Weld County Planning Commission Meeting
Tuesday, August 21, 2001
Page 2
Sheri Lockman, Department of Planning Services presented Case USR 1302, reading the recommendation
and comments into the record. The Department of Planning Services is recommending approval of the
application along with the Conditions of Approval and Development Standards.
Leo Blake Nelson,stated he believed he was grand fathered in and was not aware of the fact that he needed
to complete this procedure. The only issue Mr. Nelson is concerned with is the 11:00 p.m. time limit due to
the difficulty of knowing how many participants will be there. There are very few instances in which the
ropings go until two o'clock in the morning but a midnight time frame would be more acceptable. This would
cover 95% of the ropings throughout the summer.
Bryant Gimlin asked about the access problems.Mr.Nelson stated they were using the Firestone access and
since that time he has obtained a permanent agreement with Firestone. There is a 30-foot wide access that
has been granted to his father from the city of Firestone.
Cathy Clamp asked about the water rights that would enable the applicant to set up facilities for sanitary
purposes. Mr. Nelson stated his father has a permit for the Central Weld Water and another water tap in
which he has agreed to give to his father.
Michael Miller asked Char Davis about the water tap and the access of water being in place and acceptable
to the Department of Public Health. Char Davis responded that she needed to get more information and
would agree if they had all the appropriate documentation. Mr. Miller would like the additional information be
provided to Department of Planning Services.
Cathy Clamp asked if the applicant was going to increase the amount of ropings. Mr. Nelson stated he was
not planning on increasing the frequency of the ropings.
Fred Walker asked for clarification in regards to location of the arena. Mr. Walker wanted to know how far
the arena was from residential development. Mr. Nelson responded that it was approximately a 1/4 of a mile
or more.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Theodore Loman, stated his concerned about the traffic flow on WCR 26.
Fred Walker asked for clarification on the traffic from the turkey farm. Mr. Loman stated that it comes down
WCR 24.
Cristie Nicklaus asked Don Carroll,Public Works,about the paved road situation. Mr.Carroll stated that there
is a proposal for a mining operation on WCR 26 from Mr.Loman. Mr.Carroll stated that there would be some
paved roads on WCR 26 due to this development back to WCR 13. This will alleviate some of the dust on
WCR 26.
Michael Miller asked for clarification on the access from Sheri Lockman. Mrs. Lockman responded that the
applicants do own property adjdeent to WCR 26 but the large ditch has no bridge. The cost would be
excessive to build the bridge therefor the applicants went to the City of Firestone to gain access across the
trail.
Cristie Nicklas spoke in favor of the midnight time frame.
Fred Walker agrees with the moving of the hours to midnight.
Cristie Nicklas moved that they amend Development Standards # 21 on page six to reflect a change to
midnight for the hours of operation. Bryant Gimlin seconded the motion. The motion carried unanimously.
Cristie Nicklas moved that Case USR-1302, as amended, be forwarded to the Board of County
Commissioners along with the Conditions of Approval and Development Standards with the Planning
Commissions recommendation of approval. Stephan Mokray seconded the motion.
Summary of Weld County Planning Commission Meeting
Tuesday, August 21, 2001
Page 3
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Stephan
Mokray,yes;Michael Miller,yes;Bryant Gimlin,yes;Cathy Clamp, yes;Cristie Nickles,yes;Fred Walker,yes;
Louis Llerena, yes. Motion carried unanimously.
Case number: 3rdAmUSR-248
Planner: Julie A. Chester
Applicant: Varra Companies
12910 Weld County Road 13
Longmont, CO 80504
Joby Adams, Colorado Groundwater Resources Services
P.O. Box 1489
Ft. Collins, CO 80524
Request: A Site Specific Development Plan and a Special Review Permit for a Solid
Waste Disposal Facility and Certificate of Designation (Coal Ash Burial
Project) in the A (Agricultural) Zone District
Legal Description: Part of the NW4 of Section 31,Township 3 North, Range 67 West of the 6th
P.M., Weld County, Colorado
Location: Approximately 1/4 mile east of Weld County Road 13, one mile north of
Weld County Road 26
Michael Miller stated that he would normally excuse himself from cases with Varra, but due to the
experimental nature of the project he did not feel there was a conflict of interest.
Julie Chester,Department of Planning Services presented Case 3rtlAmUSR-248,reading the recommendation
and comments into the record. The Department of Planning Services is recommending approval of the
application along with the Conditions of Approval and Development Standards.
Cathy Clamp,asked about the location of the trench and location of the monitoring wells. Julie Chester stated
that the location of the monitoring wells in relation to the trench will be in all directions.
Joby Adams, gave an brief summary of the use of Coal Ash and the purpose of it. This is designated as a
pilot project. This pilot project will be used for research purposes in order to determine the viability of the use
of coal ash as fill material in gravel quarries. The earlier testing results showed the need for larger scale
testing to be done.
Michael Miller asked about the test and whether it involved putting the fly ash into solution or simulate the
leaching that was going to take place. Mr.Adams then described the process and what would leach from the
coal ash and whether it would be detrimental to the environment. The results from the test showed that there
was nothing as far as human health hazards leaching from the experiment. Mr. Adams has tested with
numerical and analytical models to simulate the water flows before and after the ash. Mr. Miller expressed
concerns mentioned in the packet in regards to interrupting the natural flow of water through this area. Mr.
Adams stated that the use of the simulated models addresses those concerns with no downstream effects.
John Folsom,asked whether this process has been used elsewhere. Mr.Adams responded that no there has
not been anything of the nature, especially from start to finish. This project is so innovative that the Varra
Companies have received grants from the Department of Energy to continue the research. Mr.Folsom asked
what would be the source of the coal ash. Mr.Adams stated it will come from Public Service and one of the
conditions addressed the quality of the coal.
Stephan Mokray,asked what the emphasis was for starting this project. Mr.Adams explained that Varra was
the one to look at the project with the emphasis being on the reclamation of an 11 acre gravel quarry.
Stephan Mokray had more concerns with the water issues and the storage of it. Mr. Adams explained that
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