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HomeMy WebLinkAbout981379.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT #1189 FOR A RECREATIONAL FACILITY(RODEO ARENA) IN THE A (AGRICULTURAL) ZONE DISTRICT - DAVE AND SHERRY WAREHIME 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 5th day of August, 1998, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Dave and Sherry Warehime, 23539 Weld County Road 72, Eaton, Colorado 80615, for a Site Specific Development Plan and Special Review Permit#1189 for a Recreational Facility (rodeo arena) in the A (Agricultural) Zone District on the following described real estate, to-wit: Lot B of RE #138, being part of the SE% of Section 1, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, said 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 24.4.2.1 -- This proposal is consistent with the Weld County Comprehensive Plan, A.Goal 1. of the Weld County Comprehensive Plan strives to preserve prime farmland for agricultural purposes which foster the economic health and continuance of agriculture. The proposed agricultural-related facility will not take any land out of production. b. Section 24.4.2.2 -- This proposal is consistent with the intent of the A (Agricultural) Zone District. Section 31.4.3 of the Weld County Zoning Ordinance provides for recreational facilities and uses as a Use by Special Review in the A (Agricultural) Zone District. 981379 L.C.. Pk.; 7129/04 PL1261 SPECIAL REVIEW PERMIT#1189 - DAVE AND SHERRY WAREHIME PAGE 2 c. Section 24.4.2.3 -- The uses proposed will be compatible with the existing surrounding land uses. The surrounding land uses include two residences to the west and south, each keeping horses; and agricultural production and grazing uses to the north and east. d. Section 24.4.2.4 -- The uses proposed 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 Comprehensive Plan or Master Plan of affected municipalities. Section 31.4.3 of the Weld County Zoning Ordinance provides for recreational facilities and uses as a Use by Special Review in the A (Agricultural) Zone District. The proposal is surrounded by similar agricultural properties with horses and other livestock. The proposal is not located within the Urban Growth Boundary of any municipality. e. Section 24.4.2.5 -- The proposal is not located within any of the Overlay District Areas identified by maps officially adopted by Weld County. f. Section 24.4.2.6 -- The applicant has demonstrated a diligent effort to conserve productive agricultural land. The location of the rodeo arena is not currently in agricultural production and, consequently, no land will be taken out of production with this proposal. g. Section 24.4.2.7 --The Design Standards (Section 24.5 of the Weld County Zoning Ordinance, as amended), Operation Standards (Section 24.6 of the Weld County Zoning Ordinance, as amended), 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Dave and Sherry Warehime for a Site Specific Development Plan and Special Review Permit#1189 for a Recreational Facility (rodeo 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 Special Review Permit shall be adopted and placed on the Special Review Plat prior to recording the plat. The completed 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. Prior to recording the plat: A. The plat shall be amended to delineate the following: 981379 PL1261 SPECIAL REVIEW PERMIT#1189 - DAVE AND SHERRY WAREHIME PAGE 3 1) Signage located at the entrance to the facility that indicates no alcoholic beverages are allowed. There shall be additional language on the sign that informs anyone entering the property that, should they be found with alcohol or under the influence of alcohol, they will be removed immediately from the premises. 2) The location of a designated parking area sufficient to accommodate the proposed maximum of 20 pickups with horse trailers and 20 passenger vehicles attending an event. 3) The existing Mobile Home shall be labeled as follows, "Existing Mobile Home permitted by ZPMH-1348 as Temporary Accessory Farm Use". 4) All attached development standards. B. The applicant shall submit a Dust Abatement Plan to the Weld County Health Department for review and approval. The applicant shall submit evidence of Health Department approval to the Department of Planning Services. The facility shall operate in accordance with the approved Dust Abatement Plan at all times. 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. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of August, A.D., 1998. BOARD OF COUNTY COMMISSIONERS WE COUNTY, COLORADO ATTEST: Constpnce L. Harbert, Chair Weld County le -. ui;�_.-r. 9 { 396: 0 'S �.(� / S ;(22 £v,a: O W. ebster, �ro-Tem BY: /5. ,.�_. � �: . ►.%i Deputy!,� IJ` r�'1!•', ✓ r ]m t. Baxtej AP AS M: Da e4K. Hall unit' ttorney arbara J. Kirkmeyer 981379 PL1261 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS DAVE AND SHERRY WAREHIME USR #1189 1. The Site Specific Development Plan and Special Review Permit is for a Recreational Facility (rodeo arena) in the A (Agricultural) Zone District, as indicated in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance, as amended. 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. No permanent disposal of wastes shall be permitted at this site. 6. Waste materials shall be handled, stored, and disposed 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 residential limit of 55 Dave Becker, Department of Public Works representative,(A), as measured according to Section 25-12-102, C.R.S., as amended. 9. A safe source of drinking water shall be provided for visitors of the facility. Bottled water shall be considered acceptable. In the event any well is used as a drinking water supply for patrons of the facility, it shall comply with the requirements of the Colorado Primary Drinking Water Regulations (5CCR 1003-1). 10. The rodeo arena shall provide restroom facilities and a Port-o-Pot shall be acceptable. A vault system shall be acceptable. The vault shall be cleaned out periodically by a Weld County licensed septic tank cleaner. 11. The facility shall comply with the Confined Animal Feeding Operation Control Regulations (5CCR 1002-81) and all applicable portions of the Weld County Zoning Ordinance. 12. There shall be no staging or parking of vehicles or trailers along Weld County Road 72 at the facility. 13. No alcoholic beverages are allowed at the facility. 981379 PL1261 DEVELOPMENT STANDARDS - WAREHIME (USR#1189) PAGE 2 14. The hours of operation and maximum users/vehicles allowed for the rodeo arena shall be restricted to the following as proposed in the application materials. Hours of operation: 2:00 p.m. until 5:00 p.m., Saturdays, May 2nd through August 29th for a total of 15 events Maximum users allowed: A maximum of 75 persons per Saturday event shall be allowed on site Maximum vehicles allowed: 20 pickups with horse trailers 20 passenger vehicles The applicant shall strictly adhere to the approved hours of operation. 15. The existing Mobile Home on site is permitted as an Accessory Farm Use (ZPMH #1348). All Mobile Homes permitted as Accessory Farm Uses are temporary. Allowance of the Mobile Homes shall be extended only if the use continues to be in conformance with the criteria set out in Section 43.2.3.1.1 of the Weld County Zoning Ordinance. The Mobile Homes shall be removed from the property upon the cessation of the use of the Mobile Home as an Accessory Farm Use or at any such time as the Mobile Home is used for other than the allowed use. 16. Noxious weeds shall be controlled at all times on the site. 17. All identification signs located on the property shall adhere to Section 42.2 of the Weld County Zoning Ordinance. 18. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 19. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance, as amended. 20. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance, as amended. 21 . 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 hereon and all applicable Weld County regulations. 22. 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 Board of Weld 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. 981379 PL1261 DEVELOPMENT STANDARDS - WAREHIME (USR#1189) PAGE 3 23. 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. 981379 PL1261 Hello