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HomeMy WebLinkAbout962060.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION CORRECTED RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Glenn Vaad 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-1131 NAME: Steve Lance CURRENT PLANNER: Shani L. Eastin ADDRESS: 310 7th Street, Fort Lupton, CO 80621 REQUEST: A Site Specific Development Plan and Special Review Permit for a roping areg in 't4e A-17 (Agricultural)zone district. ;;' LEGAL DESCRIPTION: Lot B of RE-976, part of the S2 of Section 30 and the NE4 of Secton 31;;T2N, :_, R66W of the 6th P.M., Weld County, Colorado. r.) LOCATION: East of and adjacent to Weld County Road 25; approximately 1/4 mile north of Weld County Road 14-1\2. be recommended favorably to the Board of County Commission 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. This proposal is consistent with the Weld County Comprehensive Plan, as amended, 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 their referral response that they have no conflicts with this request. 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 the 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, as amended. 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. 962060 RESOLUTION, USR-1131 Steve Lance Page 2 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. 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 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 a 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 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. 962060 RESOLUTION, USR-1131 Steve Lance Page 3 . 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. Motion seconded by Jack Epple. VOTE: For Passage Against Passage Glenn Vaad Cristie Nicklas Fred Walker Marie Koolstra Jack Epple Shirley Camenisch Arlan Marrs The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Jill Boshinski, 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 October 15, 1996. Dated the 15th of October, 1996. \,_. i dam, ^�{ Jill BoshinsNci �`Secretary 962060 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 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. 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 (SCCR 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, as amended. 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, as amended. 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 hereon and all applicable Weld County Regulations. 14. The Special Review area shall be limited to the plans shown hereon 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. BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Glenn Vaad 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-1131 i • NAME: Steve Lance CURRENT PLANNER: Shani L. Eastin ADDRESS: 310 7th Street, Fort Lupton, CO 80621 REQUEST: A Site Specific Development Plan and Special Review Permit for a roping arena in the A (Agricultural)zone district. LEGAL DESCRIPTION: Lot B of RE-976, part of the S2 of Section 30, T2N, R66W of the 6th P.M., Weld County, Colorado. LOCATION: East of and adjacent to Weld County Road 25; approximately 1/4 mile north of Weld County Road 14-1\2. be recommended favorably to the Board of County Commission 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. This proposal is consistent with the Weld County Comprehensive Plan, as amended, 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 their referral response that they have no conflicts with this request. 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 the 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, as amended. 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. 962060 RESOLUTION, USR-1131 Steve Lance Page 2 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. 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 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 a 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 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. 962060 RESOLUTION, USR-1131 Steve Lance Page 3 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. Motion seconded by Jack Epple. VOTE: For Passage Against Passage Glenn Vaad Cristie Nickles Fred Walker Marie Koolstra Jack Epple Shirley Camenisch Arlan Marrs The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Jill Boshinski, 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 October 15, 1996. Dated the 15th of October, 1996. Jill Boshinski _ Secretary 962060 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 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. 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, as amended. 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, as amended. 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 hereon and all applicable Weld County Regulations. 14. The Special Review area shall be limited to the plans shown hereon 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. 962060 Hello