HomeMy WebLinkAbout20221180.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND MAJOR AMENDED USE BY
SPECIAL REVIEW PERMIT, 1MJUSR21-86-742, FOR A HORSE TRAINING AND
BREEDING CENTER TO PERMIT A COMMERCIAL RODEO AND COMMERCIAL
ROPING ARENA OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE
A (AGRICULTURAL) ZONE DISTRICT - WENDY CHAMBERS
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 4th day of
May, 2022, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Wendy Chambers, 17617 State Highway 52, Fort Lupton, Colorado 80621, for
a Site Specific Development Plan and Major Amended Use by Special Review Permit,
1MJUSR21-86-742, for a Horse Training and Breeding Center to permit a Commercial Rodeo
and Commercial Roping Arena outside of subdivisions and historic townsites in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Lot B of Recorded Exemption, RECX16-0197; being
part of the W1/2 NE1/4 of Section 1, Township 1
North, Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by 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 recommendation 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 23-2-260 of the Weld County Code.
2. The applicant has demonstrated that the request is in conformance with
Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.A.1 — The proposed use is consistent with Chapter 22
and any other applicable Code provisions or ordinance in effect.
1. Section 22-2-10.A states: "Respecting Our Agricultural Heritage.
Weld County has an agricultural heritage built upon the hard work
of pioneers and farms on traditional family farms. Weld County is
CC: PLCTP/MN),cA(5B), APP-.
6/I /2a.
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now one of the most economically productive agricultural counties
in the nation. The Weld County Right to Farm Statement and the
Goals and Objectives in the Comprehensive Plan support the
importance of agriculture in the County." The proposed use is an
agricultural activity. Specifically, the facility is designed for
western -style sports such as rodeos and roping, activities that are
inherent to the agricultural heritage of Weld County. These activities
have successfully co -existed with, and originated from, agricultural
and ranching practices and will add to the already permitted training
and breeding business onsite.
B. Section 23-2-230.A.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1. Section 23-3-10 — Intent, states: "Agriculture in the County is
considered a valuable resource which must be protected from
adverse impacts resulting from uncontrolled and undirected
business, industrial and residential land uses. The A (Agricultural)
Zone District is established to maintain and promote agriculture as
an essential feature of the County. The A (Agricultural) Zone District
is intended to provide areas for the conduct of agricultural activities
and activities related to agriculture and agricultural production, and
for areas for natural resource extraction and energy development,
without the interference of other, incompatible land uses." This
Code section supports the proposed USR operation, which hosts
western -style sports, being an agricultural activity that requires both
livestock and large areas of semi -developed land to host the
practices and events.
2. Section 23-3-40.E — Uses by special review, of the Weld County
Code includes, "commercial rodeos and commercial roping
arenas."This Code section allows the applicant to apply for specific
activities that may be perceived as having a greater intensity of use,
thereby requiring a Use by Special Review Permit. The subject USR
involves the usage of the property for hosting commercial barrel
racing, rodeos and roping events at the existing, on -site roping
arena.
C. Section 23-2-230.A.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent lands are zoned
A (Agricultural) and the surrounding land uses consist of agricultural, rural
residential uses, sporadic businesses and oil and gas encumbrances.
There are 17 USRs within one (1) mile of the site. To the west of the subject
property there is one (1) sheep feed lot, SUP -65; a 10 -inch natural gas
pipeline/pumpstation, MUSR18-12-0074; one (1) vehicle parking and
repair establishment, USR-1332; one (1) composting facility, USR-1190;
and two (2) kennels, SUP -152 and USR-826. To the south of the subject
property there is one (1) Water and Oil Recycling Facility, AMSUP-454;
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one (1) 12 -inch natural gas pipeline, USR17-0068; one (1) Open Pit Mining,
USR 1367; one (1) extraction of sand and material, AMSUP-460; one (1)
second single family dwelling, CUP -38; one (1) kennel, USR-722; and
one (1) home business, USR-1715. To the east of the subject property
there is one (1) greyhound training track, USR-670; and one (1) home
business, USR-924. The Weld County Department of Planning Services
sent notice to 29 surrounding property owners within 500 feet of the subject
property. No correspondence was received back from surrounding property
owners and no emails or phone calls were received regarding the proposed
application.
D. Section 23-2-230.A.4 — The uses which will 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
Chapter 22 of the Weld County Code and any other applicable Code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is located within the three (3) mile referral area of
the City of Fort Lupton and is also within their Coordinated Planning
Agreement (CPA) boundary. Fort Lupton returned a referral dated
December 23, 2021, with the comments regarding the future rights -of -way
of County Road 14 in their City Transportation Plan. The site is compatible
with the future development of the area.
E. Section 23-2-230.A.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The property is not within the
Special Flood Hazard Area, Geologic Hazard Overlay District, Airport
Overlay District, Municipal Separate Storm Sewer System (MS4) area,
Historic Townsite Overlay District or the Agricultural Heritage Overlay
District boundary. Building Permits issued on the lot will be required to
adhere to the fee structure of the County -Wide Road Impact, County
Facility, and Drainage Impact Fee Programs.
F Section 23-2-230.A.6 — The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The property is approximately 70 acres in size. The acreage being
utilized for the arena and parking is approximately seven (7) acres in size,
is not utilized for grazing or farming, and will not disturb the remaining
acreage, which livestock grazes. The proposed USR will also not remove
any irrigated agricultural land from production.
G. Section 23-2-230.A.7 — The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards can ensure
that there are adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Wendy Chambers, for Site Specific Development Plan
and Major Amended Use by Special Review Permit, 1MJUSR21-86-742, for a Horse Training and
Breeding Center to permit a Commercial Rodeo and Commercial Roping Arena outside of
subdivisions and historic townsites in the A (Agricultural) Zone District, on the parcel of land
described above be, and hereby is, granted subject to the following conditions:
1. Prior to recording the map:
A. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled 1MJUSR21-86-742.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The map shall delineate the existing and proposed screening used
for the portable toilet. This screening will ensure the portable toilet
is screened from all adjacent properties and public rights -of -way.
5) The map shall delineate the parking area for the events and
employees.
6) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2 of the Weld County Code, if applicable.
7) County Road 14 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road, which
requires 60 feet of right-of-way at full buildout. The applicant shall
delineate and label the future and existing right-of-way (along with
the documents creating the existing right-of-way) and the physical
location of the road on the site map or plat. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
8) The property is bounded by State Highway 52. Contact the
Colorado Department of Transportation (CDOT) to determine what
right-of-way shall be shown on the submitted plan. Reference the
documents creating the right-of-way. Please contact Tim Bilobran
at the Greeley office, phone number: 970-350-2163.
9) The applicant shall show and label the approved access location,
approved access width, and the appropriate turning radii on the site
plan. The applicant must obtain an updated, revised Access Permit
in the approved location, prior to construction.
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10) The applicant shall show the approved Colorado Department of
Transportation (CDOT) access on the site plan and label with the
approved Access Permit number, if applicable.
11) The applicant shall show and label the approved tracking control on
the site plan.
12) The applicant shall show and label the entrance gate, if applicable.
An access approach that is gated shall be designed so that the
longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event shall the
distance from the gate to the edge of the traveled surface be less
than 35 feet.
13) The applicant shall show and label the drainage flow arrows.
14) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
2. Prior to Operation:
A. The applicant shall develop an Emergency Action and Safety Plan with the
Weld County Office of Emergency Management and the Fort Lupton Fire
Protection District. The plan shall be reviewed on an annual basis by the
Facility operator, the Fire District and the Weld County Office of Emergency
Management. Submit evidence of acceptance to the Weld County
Department of Planning Services.
3. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the map the applicant
shall submit a Mylar map along with all other documentation required as Conditions
of Approval. The Mylar map shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The map shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. The Mylar map and additional requirements shall be submitted
within 120 days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee.
4. In accordance with Weld County Code Ordinance 2012-3, approved April 30, 2012,
should the plat not be recorded within the required 120 days from the date of the
Board of County Commissioners Resolution, a $50.00 recording continuance
charge shall be added for each additional three (3) month period.
5. The Use by Special Review Permit is not perfected until the Conditions of Approval
are completed and the map is recorded. Activity shall not occur, nor shall any
Building or Electrical permits be issued on the property, until the Use by Special
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Review plat is ready to be recorded in the office of the Weld County Clerk and
Recorder or the applicant has been approved for an early release agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 4th day of May, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WELf9 COUNTY, COLORADO
ATTEST: daetA)
tt K. James, Chair
Weld County Clerk to the Board
eputy Clerk to the
APP Rf ED A
G! County Attorney
Date of signature: 5/27/,2,2
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
WENDY CHAMBERS
1 MJUSR21-86-742
1 A Site Specific Development Plan and Major Amended Use by Special Review Permit,
1MJUSR21-86-742, for a Horse Training and Breeding Center to permit a Commercial
Rodeo and Commercial Roping Arena outside of subdivisions and historic townsites in the
A (Agricultural) Zone District, subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. Special Events are limited to a seasonal basis within a six (6) month period from April 15th
to October 15th of a given year.
4. The number of special event attendees (including participants, spectators and vendors,
not including property owners and event company staff) shall be limited to 150 at any given
event.
5. The maximum number of on -site animal units shall be limited to the maximum animal units
allowed as a Use by Right on this parcel.
6. The internal site layout and any area of the property,open to the public, including, but not
limited to, the arena, portable toilets, parking area, shall be maintained and orderly.
7 The two (2) manufactured structures on the site shall be used only for residences
associated with the horse training and breeding activity.
8. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code.
9. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan. Neither the direct, nor reflected, light from any
light source may create a traffic hazard to operators of motor vehicles on public or private
streets. No colored lights may be used, which may be confused with, or construed as,
traffic control devices.
10. Animal and feed wastes, bedding, debris and other organic wastes shall be disposed of
so that vermin infestation, flies, odors, disease hazards, and nuisances are minimized.
11. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, C.R.S. §30-20-100.5) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
12. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the Solid
Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5.
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13. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions. The applicant shall operate in accordance with Chapter 14, Article I of the Weld
County Code.
14. Fugitive dust should attempt to be confined on the property. Uses on the property should
comply with the Colorado Air Quality Commission's Air Quality Regulations.
15. Adequate drinking, hand washing and toilet facilities shall be provided for employees and
patrons of the facility at all times. Temporary uses that are utilized for a time period of
six (6) months or less, portable toilets and bottled water are acceptable. Records of
maintenance and proper disposal for portable toilets shall be retained on a quarterly basis
and available for review by the Weld County Department of Public Health and
Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County,
contain hand sanitizers and be screened from public view.
16. Any On -site Wastewater Treatment System (OWTS) located on the property must comply
with all provisions of the Weld County Code, pertaining to OWTS.
17. A permanent, adequate water supply shall be provided for drinking and sanitary purposes,
as necessary. Well Permit 202169 cannot be utilized for commercial use unless
re -permitted.
18. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
19. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
20. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
21. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
22. Any work that may occupy and/or encroach upon any County rights -of -way or easement
shall require an approved Right -of -Way Use Permit prior to commencement.
23. The historical flow patterns and runoff amounts on the site will be maintained.
24. Building Permits may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2018 International Energy
Conservation Code, and 2020 National Electrical Code. A Building Permit application must
be completed and two (2) complete sets of engineered plans bearing the wet stamp of a
Colorado registered architect or engineer must be submitted for review. A Geotechnical
Engineering Report performed by a Colorado registered engineer shall be required or an
Open Hole Inspection.
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25. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
26. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment 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 Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
27. The Use by 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 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.
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.
29. Construction or use pursuant to approval of a Use by Special Review Permit shall be
commenced within three (3) years from the date of Board of County Commissioners
signed Resolution, unless otherwise specified by the Board of County Commissioners
when issuing the original Permit, or the Permit shall be vacated.
30. This Use by Special Review shall terminate when the use is discontinued for a period of
three (3) consecutive years, the use of the land changes or the time period established by
the Board of County Commissioners through the approval process expires. The landowner
may notify the Department of Planning Services of a termination of the use, or Planning
Services staff may observe that the use has been terminated. When either the Department
of Planning Services is notified by the landowner, or when the Department of Planning
Services observes that the use may have been terminated, the Planner shall send certified
written notice to the landowner asking that the landowner request to vacate the Use by
Special Review Permit.
31. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under Title 34, of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and people moving into these areas must
recognize the various impacts associated with this development. Oftentimes, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
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resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
32. The Weld County Right to Farm Statement, as it appears in Section 22-2-30.A.4.a of the
Weld County Code, shall be placed on the map and recognized at all times.
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