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RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT #1131 FOR A ROPING ARENA IN THE A (AGRICULTURAL) ZONE DISTRICT -STEVE LANCE 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 13th day of November, 1996, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Steve Lance, 310 7th Street, Fort Lupton, Colorado 80621, for a Site Specific Development Plan and Special Review Permit#1131 for a roping arena in the A (Agricultural) Zone District on the following described real estate, to-wit: Lot B of RE#976, part of the S1/2 of Section 30 and the NE1/4 of Section 31, Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, Steve Lance, applicant, was present at said hearing, and WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards for review of said 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 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance as follows: A. Section 24.3.1.1 -- That the proposal is consistent with the Weld County Comprehensive Plan. This proposal is consistent with the Weld County Comprehensive Plan, Agricultural Goals and Policies. A.Goal 2 states to: "Allow commercial and industrial uses which are directly related to or dependent upon agriculture to locate within Agricultural Zoning when the impact to surrounding properties is minimal." This proposal is located within the referral boundary area for the Town of Fort Lupton. Fort Lupton reviewed this proposal and indicated in its referral response that it has no conflicts with this request. 962040 ce : Pt HL;Lund PL1057 SPECIAL REVIEW PERMIT#1131 - STEVE LANCE PAGE 2 B. Section 24.3.1.2 -- That the proposal is consistent with the intent of the district in which the use is located. The proposal is consistent with the intent of the Agricultural Zone District and is provided for as a Use by Special Review. This proposal is consistent with A.Policy 1 of the Weld County Comprehensive Plan by locating in the Agricultural Zone District, which was established to protect and promote the County's agricultural industry. C. Section 24.3.1.3 -- That the uses which would be permitted will be compatible with the existing land uses. The uses permitted will be compatible with the existing surrounding land uses and with the future development of the surrounding areas as permitted by the Weld County Comprehensive Plan. The surrounding properties are agricultural in nature. Agricultural production is present to the north, west and south. A residence exists to the north, south and west of the subject site. D. Section 24.3.1.4 -- That the uses which would be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with future development as projected by the comprehensive plan or master plans of affected municipalities. The proposed use will be compatible with future development of the surrounding area as permitted by the A (Agricultural) Zone District and with the future development as projected by the Town of Fort Lupton. E. Section 24.3.1.5 -- That the application complies with the Weld County Zoning Ordinance, Section 50, Overlay District Regulations if the proposal is located within the Overlay District Areas identified by maps officially adopted by Weld County. Portions of the subject site are in the Flood Hazard Overlay District area. Development Standards and Conditions of Approval address this issue. F. Section 24.3.1.6 -- That if the use is proposed to be located in the A (Agricultural) Zone District, that the applicant has demonstrated a diligent effort has been made to conserve productive agricultural land in the locational decision for the proposed use. The subject site is mainly in pasture land. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Steve Lance for a Site Specific Development Plan and Special Review Permit#1131 for a 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: 962040 PL1057 SPECIAL REVIEW PERMIT#1131 - STEVE LANCE PAGE 3 1. The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 15 days of approval by the Board of County Commissioners. 2. 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. 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. 4. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 5. Any existing septic system(s) which is not currently permitted through the Weld County Health Department will require an 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. 6. Adequate toilet facilities shall be provided for the public. The facilities shall either be served by an engineer designed septic system or a vault septic system. 7. The use of the arena by the public shall cease until the applicant has applied for and received proper building and electrical permits for all structures currently located on the site. 8. Prior to the sale of any malt beverage or concession foods the applicant shall apply for and receive all appropriate permits. 9. Prior to recording the plat: A. The facility shall be in compliance with the Colorado Guidelines for Feedlot Runoff Containment and the Weld County Zoning Ordinance, Section 47, prior to final approval of the proposed use. The Weld County Health Department shall review and approve the compliance. A copy of the review shall be submitted to the Department of Planning Services. 962040 PL1057 SPECIAL REVIEW PERMIT#1131 - STEVE LANCE PAGE 4 B. The applicant shall maintain either a berm or ditch along the east edge of the roping arena. The ditch or berm shall be constructed to divert runoff from the arena or manure stockpile areas and prevent it from entering the ditch. In the event the elevation of the arena is lower than that of the ditch, no berm or ditch shall be necessary. C. The applicant shall provided evidence to the Department of Planning Services that the site has legal access across the western portion of the properties located to the south. D. The applicant shall submit, have reviewed, approved, and all conditions met of a Flood Hazard Development Permit for any existing structures and proposed structures located in the Flood Hazard Overlay District. E. The applicant shall meet with the Weld County Public Works Department to address the drainage problems on the site. A copy of the meeting agreement shall be submitted to the Department of Planning Services. 10. The applicant shall mitigate light pollution by use of shields, or other means, that direct the light towards the arena floor. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of November, A.D., 1996. BOARD OF COUNTY COMMISSIONERS ��, WELD COUNTY, COLORADO �G� , 4 En FXCLIS RATF nF SICNINC (AYF� b G5 18'1 ri/ Barbara J. Kirkmeyer, Chair n ty Clerk to the Board -24 4 c �.` � �� Br e .. Baxter, ro-T m se� eputy Cler�to the Board \� Dale K. Hall AP ED AS M: //''// Constance L. Harbert ounty Attorne G1l le 27 W. H. ebster 962040 PL1057 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS STEVE LANCE USR#1131 1. The Site Specific Development Plan and Special Review Permit is for a 135-acre parcel, more or less, for a roping arena in the A (Agricultural) Zone District as submitted in the application materials on file and subject to the Development Standards stated herein. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. All operations on said described parcel shall be in conformance with the Weld County Flood Regulations. 4. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 5. No permanent disposal of wastes shall be permitted at this site. 6. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 7. Fugitive dust shall be controlled on this site. 8. The maximum permissible noise level shall not exceed the commercial limit of 60 db(A), as measured according to 25-12-102, Colorado Revised Statutes. 9. The site shall comply with the Confined Animal Feeding Operation Regulation (5CCR 1002-19). 10. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 11. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 12. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 13. Personnel from the Weld County Health Department and Weld County Department of 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. 962040 PL1057 DEVELOPMENT STANDARDS - LANCE (USR #1131) PAGE 2 14. The Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Major 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 Planning Commission and the 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. 15. 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. 962040 PL1057 Hello