HomeMy WebLinkAbout991416.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Fred Walker that the following resolution,with the added wording on Condition of Aproval 2.A, and
the ammended Development Standard #5, be introduced for passage by.the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
PLANNER: Sheri Lockman
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CASE NUMBER: USR-1224 p p
APPLICANT: Roy T Nelson 0 x :a
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ADDRESS: P.O. Box 526, Kersey, CO 80644 c7 VII
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REQUEST: A Site Specific Development Plan and a Special Review Permit for a ComNercial
Recreational Facility (Roping Arena) in the A(Agricultural)Zone District
LEGAL DESCRIPTION: Lot B RE-1670 being part of N2 NE4 Section 8,T4N, R64W of the 6th P.M.,
Weld County, Colorado
LOCATION: West of and adjacent to WCR 53 and south of and adjacent to WCR 48.
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 24.7 of the
Weld County Zoning Ordinance, as amended.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
24.3 of the Weld County Zoning Ordinance, as amended, as follows:
a. Section 24.3.1.1 —That the proposal is consistent with the Weld County Comprehensive Plan.
A. Goal 2 allows for commercial uses to locate in the Agricultural Zone District when the
impact to surrounding properties is minimal, and where adequate services and infrastructure
are available. The Development Standards, Conditions of Approval, and Operations
Standards will effectively mitigate any adverse impacts to surrounding areas.
b. Section 24.3.1.2 --That the proposal is consistent with the intent of the district in which the
USE is located. Section 31.4.18 of the Weld County Zoning Ordinance allows for uses
permitted as a use by right in the Commercial Zone District as a Use by Special Review in
the A(Agricultural)Zone District.
c. Section 24.3.1.3 —The proposal is consistent with Section 24.3.1.3 of the Weld County
Zoning Ordinance, as amended and will be compatible with future development of the
surrounding area. The attached Conditions of Approval and Development Standards will
ensure that the proposal is compatible with the existing surrounding land uses and with the
future development of the surrounding area as permitted by the existing county zoning and
the Weld County Comprehensive Plan. The surrounding land uses include rural residences,
and dryland pasture.
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 the future
development as projected by the COMPREHENSIVE PLAN or MASTER PLANS of affected
991416
RESOLUTION, USR-1224
Roy T. Nelson
Page 2
municipalities. The proposed site lies.;within the referral area of the town of Kersey. Kersey
found no conflicts with their interests.
e. Section 24.3.1.5—The proposal is not located within the Overlay District Areas identified by
maps officially adopted by Weld County.
f. Section 24.3.1.6 —That if the USE is proposed to be located in the A-District, that the
applicant has demonstrated a diligent effort has been made to conserve prime agricultural
land in the locational decision for the proposed USE.Although the irrigation water was sold
from the property by a previous owner,the lot is designated as"irrigated land" by the USDA
Soil Conservation Service.
g. Section 24.3.1.7 —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.
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 Commission's 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 plat. The completed plat shall be delivered to the
Department of Planning Services and be ready for recording in the Weld County Clerk and Recorders
Office within 30 days of approval by the Board of County Commissioners. (Dept. of Planning)
2. Prior to recording the plat:
a. The applicant shall submit a manure and wastewater management plan to the Weld
County Health Department for review and approval.The plan shall include drawings
and a written text that describes how manure and wastewater generated on site will
be stored, managed, removed, land applied, etc. In addition the plan shall include
the design and installation of a lagoon(s)that can retain the discharge form 25 year-
24 hour storm event from the feedlot and arena portion of the facility. The plan
should also specifically describe how the facility will prevent any discharge of
wastewater from the facility in excess of what is allowed by the Confined Animal
Feeding Operation Control Regulations (5 CCR 1002-19). Evidence of Health
Department approval shall be submitted to the Weld County Planning Department.
(Health Dept.)
b. Weld County Road 53 is designated on the Transportation Plan Map as a collector
road, which requires 80 feet of right-of-way at full build out. There is presently 60
feet of right-of-way. A total of 40 feet from the centerline of Weld County Road 53
right-of-way reservation for future expansion of Weld County Road 53 shall be
delineated on the plat. (Public Works)
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c. The access to the facility shall be from Weld County Road 53 at the location of the
existing double gate. This access shall contain a minimum 30-foot wide, 15-inch
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RESOLUTION, USR-1224
Roy T. Nelson
Page 3
CMP culvert with adequate cover. The access point shall be recessed off of Weld
County Road 53 approximately the length of a pickup and horse trailer combination
to avoid any parking or staging on Weld County Road 53. The plat shall be amended
to delineate the proposed recessed access and 15-inch culvert location. (Public
Works)
d. The applicant shall submit a landscaping and fencing plan to the Weld County
Planning Department for review and approval. The plan shall address appropriate
plantings or fencing to create a wind break for the properties to the north and south
where blowing dust and debris have been a problem. (Planning Dept.)
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. (Planning)
Motion seconded by Cristie Nicklas.
VOTE:
For Passage
Cristie Nicklas
Arlan Marrs
Fred Walker
Stephan Mokray
Jack Epple
Bruce Fitzgerald
Bryant Gimlin
The Vice-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, Jennifer Mehring, 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 April 20, 1999.
Dated the 20th of April, 1999.
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Jennifer e ring
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Roy T. Nelson
USR-1224
1. The Site Specific Development Plan and a Special Review Permit for a Public Recreational Facility
(Roping 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.
(Planning Dept.)
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County
Zoning Ordinance, as amended. (Planning Dept.)
3. No permanent disposal of wastes shall be permitted at this site. (Health Dept.)
4. Fugitive dust shall be controlled on this site. (Health Dept.)
5. Adequate toilet and hand washing facilities shall be provided for the public. An individual sewage
disposal system is required and shall be installed according to the Weld County Individual Sewage
Disposal Regulations. The septic system shall be designed by a Colorado Registered Professional
according to the Weld County Individual Sewage Disposal Regulations. The restrooms shall be
available for patron usage. (Health Dept.)
6. 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. (Health Dept.)
7. 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 surface beneath
any manure storage area shall be constructed to minimize seepage or percolation of manure
contaminated water. 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). (Health Dept.)
8. The facility shall maintain compliance with the Confined Animal Feeding Operation Control
Regulations and the Weld County Zoning Ordinance. (Health Dept.)
9. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-
101, C.R.S., as amended)shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination. (Health Dept.)
10. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. (Health Dept.)
11. All proposed or existing structures will or do meet the minimum setback and offset requirements for
the zone district in which the property is located. Pursuant to the definition of SETBACK in the Weld
County Zoning Ordinance(Ordinance 89, as amended), the required setback is measured from the
future right-of-way line. (Public Works)
12. The maximum number of people using the arena shall not exceed 60 contestants or 200 people at
any given time. (Planning Dept.)
13. The hours of operation on weekends shall be from 9:00 a.m.to 12:00 midnight and on weekdays from
6:00 p.m. to 10:00 p.m. as indicated in application materials. (Planning Dept.)
rn DEVELOPMENT STANDARDS, USR-1224
Roy T. Nelson
Page 2
14. The operation shall be limited to weekends and one night per week as indicated in application
materials. (Planning Dept.)
15. Prior to the sale of any alcoholic beverages or concession foods the applicant shall apply for and
receive all appropriate licenses. (Planning Dept.)
16. The public address system shall not be used outside of operating hours. (Planning Dept.)
17. The parking area shall be placed in pasture grass or other adequate means shall be conducted to
avoid erosion or blowing soil . (Public Works)
18. The site shall be maintained in accordance with the approved landscaping plan. (Planning Dept.)
19. Sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent
properties. (Planning Dept.)
20. Should noxious weeds exist on the property or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds,
pursuant to Ordinance 169A. (Public Works)
21. There shall be no parking or staging on Weld County Road 53. All parking, loading and off-loading
-!-\ shall be on-site. (Public Works)
22. All construction on the property shall be in accordance with the Weld County Building Code
Ordinance. (Planning Dept)
23. The livestock on site shall not exceed the number allowed by right in the Agricultural Zone District.
(Planning Dept.)
24. 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.
25. 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.
26. Personnel from the Weld County Health Department and Weld County Planning Department 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.
27. 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 Planning Commission 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.
28. 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.
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