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HomeMy WebLinkAbout20220603.tiffHEARING CERTIFICATION DOCKET NO. 2022-09 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND SECOND AMENDED USE BY SPECIAL REVIEW PERMIT, 2MJUSR21-93-977, FOR A ROPING ARENA AND TRAINING FACILITY, ANNOUNCER STAND, STORAGE AREA, AND SHADED VIEWING AREA TO ADD A CAMPGROUND (TO ACCOMMODATE UP TO 12 RVS) FOR A PERIOD OF SIX (6) MONTHS OR LESS PER CALENDAR YEAR OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT - DAVID AND MANDY WOLFE A public hearing was conducted on February 23, 2022, at 10:00 a.m., with the following present: Commissioner Scott K. James, Chair Commissioner Mike Freeman, Pro-Tem Commissioner Perry L. Buck Commissioner Steve Moreno Commissioner Lori Saine Also present: Acting Clerk to the Board, Jan Warwick Assistant County Attorney, Karin McDougal Department of Planning Services representative, Diana Aungst Department of Planning Services - Engineer Review, Melissa King Department of Public Health and Environment representative, Lauren Light The following business was transacted: I hereby certify that pursuant to a notice dated January 12, 2022, and duly published January 14, 2022, in the Greeley Tribune, a public hearing was conducted to consider the request of David and Mandy Wolfe, for a Site Specific Development Plan and Second Amended Use by Special Review Permit, 2MJUSR21-93-977, for a Roping Arena and Training Facility, announcer stand, storage area, and shaded viewing area to add a campground (to accommodate up to 12 RVs) for a period of six (6) months or less per calendar year outside of subdivisions and historic townsites in the A (Agricultural) Zone District. Karin McDougal, Assistant County Attorney, made this a matter of record. Diana Aungst, Department of Planning Services, presented a brief summary of the proposal and described the sign posting and location of the site. She stated 13 referrals were sent out, seven (7) were returned with no concerns, and six (6) did not respond. She relayed the history of the USR and explained the applicant would like to add a commercial RV campground to accommodate 12 RVs, and would operate six (6) months out of the year, between April 1st and September 30th, to allow the campers to remain onsite up to 90 days at a time, with the exception that no tent camping will be permitted. Ms. Aungst shared the arena events are generally held on weekends, and the site will be operated by family members and three (3) part-time employees. She described adjacent property uses, and relayed the closest residence is approximately 300 feet east of the property line, the residence to the south is approximately 1,000 feet south of the proposed RV campground site and the residence to the east is approximately 1,900 feet from the CC : PLCTP/bA) 2022-0603 3(3o12 PL0883 HEARING CERTIFICATION - DAVID AND MANDY WOLFE (2MJUSR21-93-977) PAGE 2 proposed RV campground site. She described surrounding USRs, within one (1) mile of the parcel, and relayed four (4) surrounding property owners (SPOs) were noticed with no correspondence received. She stated, based on the referral agency responses, the proposed use is in an area that can support the requested development, and the applicant shall submit written evidence from the Colorado Division of Water Resources (DWR) demonstrating the well is appropriately permitted for the commercial use. Ms. Aungst explained the DWR submitted referral agency comments on November 29, 2021, stating the applicant should not utilize Well Permits #3246601 and #3246600 for watering of domestic livestock, which are owned by parties other than those residing in the single-family dwelling on the property. She further stated the applicant shall utilize a 5,000 -gallon water truck for additional water needs, such as dust control at the arena, DWR states they are not opposed to visitor's animals being supplied water by the water truck so long as it is filled utilizing a source for permitted for non-exempt commercial use. Additionally, the roping arena and RV campground shall be served by an existing Well Permit #3240600, and the Weld County Department of Public Health and Environment submitted emailed correspondence indicating the response from the DWR satisfied their Condition of Approval (COA). Ms. Aungst shared the parcel utilizes unmaintained County Road (CR) 98 right-of-way to access CR 13 at the permitted access and no other access is requested. She shared CR 13 is a local, gravel road as designated on the Weld County Functional Classification Map, and the Average Daily Traffic counts 25 vehicles per day, with 16% trucks and the 85th percentile speed is 49 mph. Ms. Aungst stated a Preliminary Traffic Narrative was submitted, which shall be updated to include specific traffic numbers and specific event information, and an Improvements and Road Maintenance Agreement shall be submitted for dust control, damage repairs to specific haul routes and triggered, off -site improvements. She relayed a Drainage Narrative has been submitted stating the site requires a drainage detention, and a Weld County Grading Permit will be required if more than one (1) acre is disturbed. Ms. Aungst entered the favorable recommendation of the Planning Commission into the record as written and displayed images of the site and surrounding views. Lauren Light, Department of Public Health and Environment, relayed the applicant received a change of use on one of the existing wells for the campground, and the six (6) months or less was added so a septic system would not have to be installed. She stated the Development Standards (DS) from the previous USR have been included and there are no outstanding items for the request. i David Wolfe, applicant, was available for questions. No public testimony was offered concerning this matter. The Board discussed Conditions of Approval and Development Standards. In response to Commissioner Freeman, Ms. Aungst explained the RV area is set back and there is a fence located out there; therefore, it was decided to remove COA #1.A (Landscape and Screening Plan). Chair James suggested COA #D.4 be amended to read: "The map shall delineate the existing landscaping and screening." Commissioner Moreno requested review of DS #3 (hours of operation), and it was decided to delete DS #3. Chair James requested review of DS #13 (existing and proposed landscaping and screening), and after discussion it was decided to strike DS #13. Commissioner Freeman requested review of DS #5 (number of days of use), Ms. Aungst relayed the history of the USR and confirmed this DS has been carried forward since the onset of the USR. In response to Commissioner Freeman, Mr. Wolfe stated roping is only performed during 2022-0603 PL0883 HEARING CERTIFICATION - DAVID AND MANDY WOLFE (2MJUSR21-93-977) PAGE 3 the summer, but they would appreciate additional days to utilize the arena. Chair James suggested the number of days of use should accommodate the requested RV park length of stay. Ms. Aungst stated the purpose of a major amendment is to review DS placed on the original USR and change accordingly, therefore, it was decided to strike DS #5. In response to Commissioner Moreno, Ms. Light confirmed DS #30 (Colorado Retail Food Establishment Rules and Regulations) was included if food trucks are onsite. In response to Commissioner Freeman, Melissa King, Department of Planning Services — Engineer Review, explained the Improvements and Road Maintenance Agreement was created since the site would utilize unmaintained CR 98 to access onto a maintained CR, which updates the existing Road Maintenance Agreement to ensure it remains adequate for increased traffic, and she relayed there is currently not a Final Traffic Study available for the site. The Board agreed to all of the aforementioned changes. No public testimony was offered regarding changes made to the Conditions of Approval and Development Standards. In response to Chair James, Mr. Wolf indicated he had reviewed, and agreed to abide by, the Conditions of Approval and Development Standards, as amended. Commissioner Moreno moved to approve the request of David and Mandy Wolfe for a Site Specific Development Plan and Second Amended Use by Special Review Permit, 2MJUSR21-93-977, for a Roping Arena and Training Facility, announcer stand, storage area, and shaded viewing area to add a campground (to accommodate up to 12 RVs) for a period of six (6) months or less per calendar year outside of subdivisions and historic townsites in the A (Agricultural) Zone District, based on the recommendations of Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards, as amended. The motion was seconded by Commissioner Buck, and it carried unanimously. There being no further discussion, the hearing was completed at 10:39 a.m. This Certification was approved on the 9th day of March, 2022. 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