HomeMy WebLinkAbout991258.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
#1224 FOR A COMMERCIAL RECREATIONAL FACILITY (ROPING ARENA) IN THE
A (AGRICULTURAL)ZONE DISTRICT - ROY AND JACQUELINE NELSON
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 26th day
of May, 1999, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Roy and Jacqueline Nelson, P.O. Box 526, for a Site Specific
Development Plan and Special Review Permit#1224 for a Commercial Recreational Facility
(roping arena) in the A (Agricultural) Zone District on the following described real estate, to-wit:
Lot B of Recorded Exemption#1670, being part of
the N% NE% of Section 8, Township 4 North,
Range 64 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was present at said hearing, and
WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards
for review of said Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendations of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall 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.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance as
follows:
a. Section 24.4.2.1 --A.Goal 2 allows for commercial uses to locate in the
A (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.
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SPECIAL REVIEW PERMIT#1224 - ROY AND JACQUELINE NELSON
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b. Section 24.4.2.2 -- 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 24.4.2.3 The proposal is consistent with Section 24.3.1.3 of the
Weld County Zoning Ordinance 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 Weld
County Zoning Ordinance and Comprehensive Plan. The surrounding
land uses include rural residences, and dryland pasture.
d. Section 24.4.2.4 -- The proposed site lies within the referral area of the
Town of Kersey, which found no conflict with its interests.
e. Section 24.4.2.5 --The proposal is not located within the Overlay District
Areas identified by maps officially adopted by Weld County.
f. Section 24.4.2.6 --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 24.4.2.7 - The Design Standards (Section 24.5 of the Weld
County Zoning Ordinance), Operation Standards (Section 24.6 of the
Weld County Zoning Ordinance), Conditions of Approval, and
Development Standards ensure that there are adequate provisions for
the protection of the health, safety, and welfare of the inhabitants of the
neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Roy and Jacqueline Nelson for a Site Specific
Development Plan and Special Review Permit#1224 for a Commercial Recreational Facility
(roping arena) in the A (Agricultural) Zone District on the hereinabove described parcel of land
be, and hereby is, granted subject to the following conditions:
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.
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SPECIAL REVIEW PERMIT#1224 - ROY AND JACQUELINE NELSON
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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 from a 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 approval from the Weld County Department of
Public Health and Environment shall be submitted to the Weld County
Planning Department.
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.
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.
d. The applicant shall submit a Landscaping and Fencing Plan to the Weld
County Department of Planning Services for review and approval. The
plan shall address appropriate vegetation or fencing to create a wind
break for the properties to the north and south where blowing dust and
debris have been a problem.
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.
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SPECIAL REVIEW PERMIT#1224 - ROY AND JACQUELINE NELSON
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 26th day of May, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
£41
I OUNTY, COL
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ATTEST:
° :sale Hall, Chair/
Weld County Clerk to th1:81t t0e
cp 110E ti-arbar J. Kirkmeyer, Pro-Tem
BY: d nc : P. ntiti f
Deputy Clerk to the Boat j �� t- `
�r Georg er
AP—OVE► •PTO FORM:
Me
!o • Attorney �u"oAnt env
Glenn Vaad
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ROY AND JACQUELINE NELSON
USR#1224
1. The Site Specific Development Plan and Special Review Permit is for a Public Recreational
Facility (roping arena) in the A (Agricultural) Zone District, as indicated in the application
materials on file 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. No permanent disposal of wastes shall be permitted at this site.
4. Fugitive dust shall be controlled on this site.
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.
6. The maximum permissible noise level shall not exceed the commercial limit of 60 db(A), as
measured according to Section 25-12-102, C.R.S.
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).
8. The facility shall maintain compliance with the Confined Animal Feeding Operation Control
Regulations and the Weld County Zoning Ordinance.
9. All liquid and solid wastes(as defined in the Solid Wastes Disposal Sites and Facilities Act,
Section 30-20-101, C.R.S.)shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
10. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
11. All proposed or existing structures will 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, the required setback is measured from the future
right-of-way line.
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DEVELOPMENT STANDARDS - ROY AND JACQUELINE NELSON (USR#1224)
PAGE 2
12. The maximum number of people using the arena shall not exceed 60 contestants or 200
people at any given time.
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.
14. The operation shall be limited to weekends and one night per week as indicated in
application materials.
15. Prior to the sale of any alcoholic beverages or concession foods the applicant shall apply
for and receive all appropriate licenses.
16. The public address system shall not be used outside of operating hours.
17. The parking area shall be placed in pasture grass or other adequate means shall be
conducted to avoid erosion or blowing soil.
18. The site shall be maintained in accordance with the approved Landscaping Plan.
19. Sources of light shall be shielded so that beams or rays of light will not shine directly onto
adjacent properties.
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#169-A.
21. There shall be no parking or staging on Weld County Road 53. All parking, loading and off-
loading shall be on-site.
22. All construction on the property shall be in accordance with the Weld County Building Code
Ordinance.
23. The livestock on site shall not exceed the number allowed by right in the A (Agricultural)
Zone District.
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.
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.
26. Personnel from the Weld County Departments of Public Health and Environment and
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 herein and all applicable Weld County regulations.
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DEVELOPMENT STANDARDS - ROY AND JACQUELINE NELSON (USR#1224)
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27. The Special Review area shall be limited to the plans shown hereon and governed by the
foregoing Development 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 Board of 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.
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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