HomeMy WebLinkAbout991417.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Roy T. Nelson Case Number USR-1224
Submitted or Prepared
Prior to At Hearing
Hearing
1 Planning Commission Resolution
2 Staff Comments(7 pages) X
3 Department of Planning Services field check form X
4 Letters to Applicant(3 pages) X
5 Legal Notifications(2 pages) X
6 Application (8 pages) X
7 Referral List X
8 Referral Letter X
9 Platte Valley School District referral received 3/16/1999 X
10 Division of Wildlife referral received 3/8/1999 X
11 Weld County Zoning Compliance referral received 2/26/1999 X
12 Town of Kersey referral received 4/6/1999 X
13 Weld County Health Department referral received 3/11/1999 and X
4/15/1999(2 pages)
14 Weld County Public Works Dept. referral received 3/26/1999(3 X
pg)
15 81/2 X 11 maps submitted by applicant(2 pages) X
16 Maps (2 pages) X
17 Deed X
18 Certificate of Conveyance(9 pages) X
19 Surrounding Property Owners(7 pages) X
20 Letters from Surrounding Property Owners (4 pages) X
21 Rope the Rockies Magazine X
22 Soil Survey (7 pages ) X
23 dust blowing resolution 1998 #WOOL x
Item submitted at planning commission
991417
I hereby certify that the 23items identified herein were submitted to the Department of Planning Services at
or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to
the Clerk to the Board's office.
Apt) o-e,{�►vans
Sheri Lockman :• Planner
STATE OF COLORADO )
COUNTY OF WELD ) J �/G��rX/�
SUBSCRIBED and SWORN TO BEFORE ME THIS 2/.4c day of L / 19 TT.
SEAL
NOTARY PUBLIC
MY COMMISSION EXPIRES /00/PO0L
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Page 1
4/41'
WitLAND USE APPLICATION
COLORADO SUMMARY SHEET
Case Number USR-1224 Hearing Date: April 20, 1999
Applicant: Roy T Nelson
Address: P.O. Box 526, Kersey, CO 80644
Request: A Site Specific Development Plan and a Special Review Permit for a Commercial
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.
Size of Parcel: 70 acres
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 24.3 of the Weld County
Zoning Ordinance.
The Department of Planning Services' staff has received responses from the following agencies:
• Platte Valley School District referral received 3/16/1999
• Colorado Division of Wildlife referral received 3/8/1999
• Weld County Zoning Compliance referral received 2/26/1999
• Weld County Health Department referral received 3/11/1999
• Weld County Public Works referral received 3/26/1999
• Town of Kersey referral received 4/6/1999
Page 2
f SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
1111€
COLORADO
PLANNER: Sheri Lockman
CASE NUMBER: USR-1224 HEARING DATE: April 20, 1999
APPLICANT: Roy T Nelson
ADDRESS: P.O. Box 526, Kersey, CO 80644
REQUEST: A Site Specific Development Plan and a Special Review Permit for a Commercial
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
T LOCATION: West of and adjacent to WCR 53 and south of and adjacent to WCR 48.
SIZE OF PARCEL: 70 acres
PARCEL NUMBER: 1053 08 000038
THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS
REQUEST 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, as amended.
2. It is the opinion of the Department of Planning Services's staff 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
Page 3
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 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 Department of Planning Services's staff 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 Recorder's Office within 30 days of approval by the Board of County
Commissioners. (Dept. of Planning)
riTh Page 4
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. 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)
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 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)
2 Page 5
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 for the proposed announcer stand 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 (SCCR 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.)
T
11. All proposed or existing structures will or do meet the minimum setback and offset
Page 6
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.)
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.
T
Page 7
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.
DEPARTMENT OF HEALTH
1517 16TH AVENUE COURT
GREELEY, CO 80631
ADMINISTRATION (970) 353-0586
HEALTH PROTECTION (970) 353-0635
COMMUNITY HEALTH (970) 353-0639
FAX (970) 356-4966
April 14, 1999
Certified Letter No.: Z 193 639 698
Tim Nelson
25802 Weld County Road 48
Kersey, Colorado 80644
Dear Mr. Nelson:
As you are aware, today, April 14, 1999, the Weld County Health Department received
a complaint concerning your feedlot. Your feedlot is located at 25802 WCR 48,
Kersey. The complaint alleged that run-off from your feedlot had discharged off of your
property onto an adjacent neighboring property to the south. The property to your
south is owned by R.C. Harbour.
Today, I did observe the southern portion of your property along with Laurie Exby of
this Department. We o[pbserved your feedlot from the Harbour property. During our
visit we observed that water that had come into contact with manure on your property
was discharging onto the Harbour property. We also observed manure and straw that
had apparently been carried by the water onto the Harbour property. We documented
this discharge with numerous photographs. We also collected a sample of water for
analysis. It is being analyzed for fecal coliform, biological oxygen demand, ammonia,
and total suspended solids. The water sample was collected on the Harbour property
just after it ran off of your property.
As a result of the above observations, this facility is in violation of both County and
State regulations. More specifically, your facility is in violation of Section 47 of the
Weld County Zoning Ordinance (WCZO) and the Confined Animal Feeding Operation
Control Regulations ((CAFO Regulations) (5 CCR 1002-81)). Both the WCZO and the
CAFO Regulations require that you operate as a "no-discharge" facility.
As you are aware, in a letter from this Department dated April 14, 1998, we advised
you that your facility must operate as a "no discharge" facility. In response to this letter
you installed measures that you felt would address the discharge. It is apparent that
those measures have not functioned as planned. As a result, within 7 days of receipt
of this notice, you must submit a plan of correction for the aforementioned violation.
The plan of correction must consist of detailed description, including drawings, of the
measures that will be taken to alleviate future discharges in excess of those allowed by
the CAFO Regulations.The plan for correction shall also consist of a detailed time line
to correct the violation. Since this is the second notice concerning this issue we
recommend that you provide a reasonable time line to address the issue. Also, you
need to be aware that because this is the second notice concerning this issue that
failure to adequately address the discharge will result in additional action by both the
County and the State of Colorado.
I have previously provided you copies of both Section 47 of the Weld County Zoning
Ordinance and the CAFO Regulations. If you need additional copies or if you have any
questions, please do not hesitate to contact me at (970) 353-0635, extension 2232.
Sincerely,
Trevor Jiricek
Supervisor
Environmental Protection Services
tj\1245
cc: Lee Morrison, Weld County Attorneys Office
R.C. Harbour, 22625 WCR 53, Kersey
Derald Lang, Colorado Department of Public Health and Environment
d DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.354052-
/'� FAX (970)352�31212
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
hiDe
COLORADO
February 22, 1999
Roy Nelson
P.O. Box 526
Kersey, CO 80644
Subject: USR-1224- Request for a A Site Specific Development Plan and a Use by Special Review Permit
for a Public Recreational Facility (Roping Arena) on a parcel of land described as Lot B of RE-
1670 being part of the N2 of NE4 of Section 8, T4N, R64W of the 6th P.M., Weld County,
Colorado.
Dear Roy Nelson:
Your application and related materials for the request described above are being processed. I have scheduled
a meeting with the Weld County Planning Commission for April 20, 1999, at 1:30 p.m. This meeting will take
place in Room 101, Commissioners Hearing Room, Weld County Centennial Center, 915 10th Street,
Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any
questions the Planning Commission members may have.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the
property or if the property is located within the comprehensive planning area of a town or municipality.
Therefore, our office has forwarded a copy of the submitted materials to the Town of Kersey Planning
Commission for its review and comments. Please call the Town of Kersey at(970)353-1681 for further details
regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be
in attendance at the Town of Kersey Planning Commission meeting to answer any questions the Commission
members may have with respect to your application.
A representative from the Department of Planning Services will be out to the property a minimum of ten days
prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which
identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly
maintained road right-of-way, one sign.will be posted in the most prominent place on the property and a
second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road
right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to the
Weld County Planning Commission. This recommendation will be available twenty-four(24)hours before the
scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services'office
before the Planning Commission hearing to make arrangements to obtain the recommendation.
If you have any questions concerning this matter, please call.
Respectfully,
nj,,
Sheri Lockman u
Planner w=.'
7 FIELD CHECK inspection date: March 19, 1999
CASE NUMBER: USR-1224
APPLICANT: Roy T. Nelson
LEGAL DESCRIPTION: Lot B RE-1670 being Part of N2 NE4 of Section 8,
T4N, R64W of the 6th P.M., Weld County, CO.
LOCATION: West of and adjacent to Weld County Road 53 and south of and adjacent
to Weld County Road 48
. ...........................
Zoning Land Use
N A(Agricultural) N Agricultural / Residential
E A(Agricultural) E Agricultural / Residential
S A (Agricultural) S Agricultural / Residential
W A (Agricultural) W Agricultural / Residential
COMMENTS: Dryland pasture in all directions.
141111 ioribnAu
Sheri Lockman, Planner
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