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
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