HomeMy WebLinkAbout981628.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Stephan Mokray 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-1189
APPLICANT: Dave & Sherry Warehime
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ADDRESS: 23539 Weld County Road 72 rnA
Eaton, Colorado 80615
PLANNER: Scott Ballstadt
REQUEST: A Site Specific Development Plan and a Special Review Permit for a Recreational'Facility
(rodeo arena) in the A(Agricultural)zone district
LEGAL DESCRIPTION: Lot B of RE-138, being part of the SE1/4 of Section 1, T6N, R65W of the 6th P.M.,
Weld County, Colorado
LOCATION: North of and adjacent to Weld County Road 72 and approximately 1/4 mile west of Weld
County Road 49
SIZE OF PARCEL: 43.98 acres
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 --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 24.3.1.2 -- 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 Agricultural zone district.
c. Section 24.3.1.3—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 24.3.1.4 -- 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 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.
EXHIBIT
981628
RESOLUTION, USR-1189
Warehime
Page 2
e. Section 24.3.1.5 -- The proposal is not located within any of the Overlay District Areas
identified by maps officially adopted by Weld County.
f. Section 24.3.1.6--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 24.3.1.7 --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 Recorder's
Office within 15 days of approval by the Board of County Commissioners. (Dept. of Planning Services)
2. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) Signage located at the entrance to the facility that indicates that 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. (Dept. of
Planning Services)
2) The location of the vault system bathroom facilities. (Dept. of Planning Services)
3) 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. (Public Works Dept.)
4) The existing mobile home shall be labeled as follows, "Existing mobile home
permitted by ZPMH-1348 as Temporary Accessory Farm Use".
5) All attached development standards. (Dept. of Planning Services)
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. (Health Dept. & Dept. of Planning Services)
98%628
RESOLUTION, USR-1189
Warehime
Page 3
3. Prior to the release of building permits:
A. The applicant shall obtain a septic permit for the vault system restroom facilities or
conventional septic system from the Weld County Health Department. In the event that the
applicant chooses to install a conventional septic system, it must be designed in accordance
with the Weld County Individual Sewage Disposal System Regulations.
4. 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. (Dept. of Planning Services)
Motion seconded by Marie Koolstra.
VOTE:
For Passage Against Passage
Glenn Vaad
Cristie Nicklas
Arlan Marrs
Fred Walker
Stephan Mokray
Marie Koolstra
Jack Epple
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 Commissioner for further proceedings.
CERTIFICATION OF COPY
I, Wendi Inloes, 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 June 16, 1998.
Dated the 16th of une, 1998.
Wendi Inloes
Secretary
981628
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Dave&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. (Dept.
of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County
Zoning Ordinance, as amended. (Dept. of Planning Services)
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. (Health Dept.)
5. No permanent disposal of wastes shall be permitted at this site. (Health Dept.)
6. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. (Health Dept.)
7. Fugitive dust shall be controlled on this site. (Health Dept.)
8. The maximum permissible noise level shall not exceed the residential limit of 55 db(A), as measured
according to 25-12-102, Colorado Revised Statutes. (Health Dept.)
9. A safe source of drinking water shall be provided to 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
(SCCR 1003-1). (Health Dept)
10. The rodeo arena shall be provided with permanent restroom facilities. A vault system shall be
acceptable. The vault shall be cleaned out periodically by a Weld County licensed septic tank
cleaner. (Health Dept.)
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. (Health Dept.)
12. There shall be no staging or parking of vehicles or trailers along Weld County Road 72 at the facility.
(Dept. of Planning Services & Public Works Dept.)
13. No alcoholic beverages are allowed at the facility. (Dept. of Planning Services)
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 (Dept. of Planning Services):
Hours of operation: 2 p.m. until 5 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.
991628
DEVELOPMENT STANDARDS
USR-1189
Page 2
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. (Dept. of Planning Services)
17. All identification signs located on the property shall adhere to Section 42.2 of the Weld County Zoning
Ordinance. (Dept. of Planning Services)
18. All construction on the property shall be in accordance with the requirements of the Weld County
Building Code Ordinance. (Building Inspection Dept.)
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. (Dept. of Planning Services)
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. (Dept. of Planning Services)
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. (Dept. of Planning Services)
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 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. (Dept. of Planning Services)
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. (Dept. of Planning
Services)
9S1628
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