HomeMy WebLinkAbout20220590.tiffRESOLUTION
RE: APPROVE 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
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 23rd day of
February, 2022, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of David and Mandy Wolfe, 6339 County Road 98, Wellington, Colorado
80549, 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, on the following described real estate, being more particularly
described as follows:
Being part of the SW1/4 of Section 31, Township 9
North, Range 67 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:
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.B.1 — The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-1 0.C states: "Respecting Private Property Rights. One
of the basic principles upon which the United States was founded
is the right of citizens to own and utilize property so long as that use
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complies with local regulations and does not interfere with or
infringe upon the rights of others." The site has been used as a
horse training arena since 1993, under USR-977 and
1 MUSR1 7-93-977. This amendment will allow the people who train
their horses at the site to stay overnight in an RV and hook up to
water and electric. The water will be provided to the campground
from a commercial well, Permit #324600, per the Division of Water
Resources.
B. Section 23-2-230.B.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 use."
2) Section 23-3-40.B — Uses by Special Review, of the Weld County
Code includes, "Campgrounds." A campground is defined as an
area used for temporary placement and occupancy of recreational
vehicles or camping tents operated on a commercial basis for use
by the public. This Code section allows for the applicant to apply for
the amendment to add a campground to this USR.
C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent properties are mainly
utilized for pastures, crops, and rural residences. County Road 98 borders
the site on the south. The properties to the west are in Larimer County and
are rural residential and cropland. The properties to the north, south, and
east are rural residential and dryland agriculture. There are three (3)
residences within 600 feet of the property boundary and the closest
residence is approximately 300 feet east of the eastern property line. The
residence to the south is approximately 1,000 feet south of the
RV campground site and the residence to the east of the subject property
is approximately 1,900 feet from the proposed RV campground site. There
are five (5) USRs located within one (1) mile of this parcel.
USR-366 (SUP -366), for a livestock confinement operation of 2,400 swine;
USR-1 (CUP -1), for a 400 -foot -tall radio tower; and USR-784, for a
single-family dwelling are located south of the site. USR-1776, for a
telecommunication tower; and USR-380 (SUP -380), for 230 kV electrical
lines are located east of the site. The Weld County Department of Planning
Services sent notice to four (4) surrounding property owners and has not
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received any correspondence from the surrounding property owners.
Based on referral agency responses the proposed use is in an area that
can support this development. The Conditions of Approval and
Development Standards will assist in mitigating the impacts of the facility
on the adjacent properties and ensure compatibility with surrounding land
uses and the region.
D. Section 23-2-230.B.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 not located within three (3) miles of any
municipality or within a Coordinated Planning Agreement (CPA) boundary
for any Town or City.
E. Section 23-2-230.B.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The site is not located within
any overlay district officially adopted by the County, including A -P (Airport)
Overlay District, Geologic Hazard Overlay District, MS4 - Municipal
Separate Storm Sewer System area, Special Flood Hazard Area, or
Historic Townsite Overlay District. Building Permits issued on the lot will be
required to adhere to the fee structure of the County -Wide Road Impact
Fee, County Facility Fee, and Drainage Impact Fee Programs.
F. Section 23-2-230.B.6 — The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The proposed facility is located on soils designated "Other" with a
small section designated as "Farmland of Statewide Importance", per the
NRCS Web Soil Survey Farmland Classification Map, dated September 23,
2021, as submitted in the application materials. The area where the RV
park will be located is on soils that are designated as Kim -Mitchell complex,
six (6) to nine (9) percent (%) slopes, per the Natural Resources
Conservation Service. The existing ground surface is disturbed native
grasses/dirt. The proposed USR will not take any Prime (Irrigated)
Farmland out of production. Fort Collins Conservation District did not return
any referral agency comments.
G. Section 23-2-230.B.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.
1) The Weld County Department of Public Health and Environment has
a Condition of Approval that states:
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a. The applicant shall submit written evidence from the
Colorado Division of Water Resources, demonstrating that
the well is appropriately permitted for commercial use.
The Division of Water Resources (Division) submitted referral agency
comments dated November 29, 2021, that state the applicant will not utilize
the wells (Permit #324601 and #324600) to water the domestic animals
and livestock owned by parties, other than those residing in the single-
family dwelling on the property. The applicant will use a 5,000 -gallon water
truck for additional water needs, such as dust control at the arena. The
Division states they would not be opposed to water for domestic animals
and livestock, owned by visitors, being supplied by the water truck, so long
as it is filled using a source permitted for such non-exempt commercial use.
The roping arena and RV campground will be served by an existing well,
Permit #324600. The Weld County Department of Public Health and
Environment submitted an email dated November 29, 2021, that indicated
the response from the Division of Water Resources satisfied their Condition
of Approval.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application 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, on the
parcel of land described above be, and hereby is, granted subject to the following conditions:
Prior to recording the map:
A. The existing Improvements and Road Maintenance Agreement
(IA19-0018 - 20193535) will be updated and/or revised based on current
traffic information.
B. A Final Traffic Narrative is required.
C. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled 2MJUSR21-93-977.
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 landscaping and screening.
5) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2 of the Weld County Code.
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6) County Road 13 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.
7) County Road 98 Section Line is shown to have 60 feet of
unmaintained section line and petition right-of-way, per the Weld
County GIS right-of-way map. The applicant shall delineate the
existing right-of-way on the site plan. The applicant shall show and
label the section line right-of-way as "CR 98 Section Line and
Petition Right -of -Way, not County maintained." All setbacks shall be
measured from the edge of the right-of-way.
8) The applicant shall show and label the approved access location
(AP17-00513), approved access width, and the appropriate turning
radii on the Site Plan.
9) The applicant shall show and label the drainage flow arrows.
10) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
2. 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.
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the map 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.
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4. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
5. The Use by Special Review 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 Review
map 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 23rd day of February, A.D., 2022.
ATTEST: W'4 W.-kn4a•6i
Weld County Clerk to the Board
BY:
BOARD OF COUNTY COMMISSIONERS
WELD OUNTY, COLORADO
Scot K. James, Chair
• I A / / "f -• Mike-Ffeeman, Pro -T
eputy Clerk to the Boa
7
County
Date of signature:
Perry L.
LoriZai
oreno
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DAVID AND MANDY WOLFE
2MJUSR21-93-977
A Site Specific Development Plan and Second Amended Use by Special Review Permit,
2MJUSR21-93-977, is 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, 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. The hours of operation for the campground will be 24 hours a day. The campers will remain
onsite for no more than 90 consecutive days.
4. The use of the facility shall be limited to 200 people.
5. The number of on -site employees shall be limited to members of the family that live on
site and three (3) part-time employees.
6. The parking area on the site shall be maintained.
7. The storage area consists of a three (3) sided lean-to, 12' x 14' in size, between the office
and the covered viewing area and will be used to store maintenance equipment like a
mower, weed eater, brooms and shovels during the wintertime.
8. The property owner or operator shall provide written evidence of an approved Emergency
Action and Safety Plan, on or before March 15th of any given year, to the Department of
Planning Services, signed by representatives for the fire district and the Weld County
Office of Emergency Management.
9. The maximum number of animal units on the property shall not exceed the number allowed
by right in the A (Agricultural) Zone District, per Section 23-1-90, Table 23.1A of the Weld
County Code.
10. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2,
if applicable.
11. 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.
12. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site. tracking.
13. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
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14. 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.
15. The property owner shall comply with all requirements provided in the executed
Improvements Agreement.
16. The Improvements Agreement for this site may be reviewed on an annual basis, including
a site visit and possible updates.
17. Access will be along unmaintained County right-of-way and maintenance of the
right-of-way will not be the responsibility of Weld County.
18. The historical flow patterns and runoff amounts on the site will be maintained.
19. 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.
20. 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.
21. 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.
22. 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.
23. 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.
24. This facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone as delineated in C.R.S. §25-12-103.
25. Adequate drinking, hand washing, and toilet facilities shall be provided for employees and
patrons of the facility at all times. For 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 and
shall contain hand sanitizers.
26. Any On -site Wastewater Treatment System (OWTS) located on the property must comply
with all provisions of the Weld County Code, pertaining to OWTS.
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27. The applicant shall comply with Colorado Retail Food Establishment Rules and
Regulations governing the regulation of food service establishments.
28. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
29. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties. Sources of light should not cause a nuisance or interfere with the use on the
adjacent properties in accordance with the map. 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.
30. 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 Codes,
2018 International Energy 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.
31. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
32. 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.
33. 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.
34. 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.
35. Construction or Use pursuant to approval of a Use by Special Review Permit shall be
commenced within three (3) years from the date of approval, unless otherwise specified
by the Board of County Commissioners when issuing the original Permit, or the Permit
shall be vacated. The Director of the Department of Planning Services may grant an
extension of time, for good cause shown, upon a written request by the landowner.
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36. A 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.
37. 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
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
38. 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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