HomeMy WebLinkAbout20221316.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR22-0006, FOR COMMERCIAL RECREATIONAL FACILITIES (INDOOR
VOLLEYBALL SPORT COURT AND TWO (2) OUTDOOR VOLLEYBALL SAND
COURTS) OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN
THE A (AGRICULTURAL) ZONE DISTRICT - ANDREW CASTLE AND
ANGELA KNOPF-CASTLE
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 18th 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 Andrew Castle and Angela Knopf -Castle, 35093 County Road 25, Eaton
Colorado 80615, for a Site Specific Development Plan and Use by Special Review Permit,
USR22-0006, for Commercial Recreational Facilities (indoor volleyball sport court and two (2)
outdoor volleyball sand courts) 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 A of Recorded Exemption, RE -2223; being part
of the E1/2 SE1/4 of Section 1, Township 6 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:
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 23-2-230.6 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 22-2-10.6 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
complies with local regulations and does not interfere with or
infringe upon the rights of others." The request to utilize the
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2022-1316
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SPECIAL REVIEW PERMIT (USR22-0006) - ANDREW CASTLE AND
ANGELA KNOPF-CASTLE
PAGE 2
residential platted parcel located on non -agriculturally productive
land for a commercial sport court facility, as well as on -going
residential use, is in line with this section of the Comprehensive
Plan. The property owner's business will comply with local
regulations and does not appear to interfere with, or infringe upon,
the rights of others.
2) Section 22-2-30.A.1 states: "Land use changes should not inhibit
agricultural production nor operations." The applicant is using a dry
corner of a center pivot that was subdivided by Recorded
Exemption, RE -2223, recorded on April 9, 1999, under Reception
number 2686239. Improvements were constructed, including a
single-family residence and equipment building in 2000, and a
second equipment building in 2021, with the latter date being a
5,000 -square -foot building associated with the commercial
recreational facility. The 6.5 -acre parcel is outside of the end gun
associated with the center pivot movements, and the odd size and
existing improvements limit the use of this land in viable agricultural
production.
3) Section 22-2-40.A.6 states: "Promote small business ... encourage
small business owners." The applicant has utilized past
opportunities and experiences to know the importance of athletics
and sports in young women's and young men's lives. The applicant
believes in young women and wants them to have the same
opportunities and life building skills as were available to the
applicant. The applicant is a graduate of CSU, was a two (2) time
All-American member of the 2002 US Olympic team, and played
six (6) years on the AVP (the professional sand volleyball league)
after graduating with a degree in teaching. Giving back to the
community, the applicant has developed a very small home -based
business/mentorship program to help young women achieve their
dreams and goals. The applicant is eligible to apply to Weld
County's Small Business Incentive Program established to provide
financial assistance to offset permitting fees, thereby reducing
upfront capital outlay for small businesses, and creating
opportunities for the business to grow and thrive in the county.
B. Section 23-2-230.6.2 — 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
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SPECIAL REVIEW PERMIT (USR22-0006) - ANDREW CASTLE AND
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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, in essence, supports the proposed USR application,
as the proposed operation is controlled and does not interfere with
agricultural activities or other Use by Right activities. Weld County
Code Section 23-3-40.H allows for commercial recreational
facilities (an indoor volleyball court and two outdoor sand volleyball
courts) outside of subdivisions and historic townsites with approval
of a Use by Special Review Permit.
C. Section 23-2-220.B.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The surrounding land uses to the
west, north and south are within the corporate municipal boundary with the
Town of Severance and are currently in agricultural production with lands
under a center pivot. Lands to the east are also under a center pivot and
area actively being farmed. There is a rural residential development pattern
present in this area with the two (2) residences being to the southeast
approximately 675 feet and 875 feet from the indoor court facility. All other
residences located to the southwest and southeast are at a distance
greater than 1,600 feet from the proposed facility. There are two (2) Use by
Special Review Permits in the area and both are to the southeast of the
facility: USR18-0080, for a greater than 12 -inch high pressure natural gas
pipeline and 1MUSR19-18-0038, for a doggie day care kennel. The
proposed use is in an area that can support this development, as the facility
is within an enclosed building that takes on the vernacular of a metal
skinned agricultural building. Future improvements include two (2) outdoor
sand courts. The Conditions of Approval and Development Standards will
assist in mitigating the impacts of the facility on adjacent properties and
ensure compatibility with surrounding land uses and 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 located within the three (3) mile referral area and
within an existing Intergovernmental Agreement Area (IGA) for the Towns
of Windsor and Severance. The Town of Windsor returned the Notice of
Inquiry (NOI) dated December 13, 2021, stating the subject property is
outside of the Town of Windsor Growth Management Area (GMA) and
ineligible for annexation. The Town of Severance returned the NOI dated
February 23, 2022, stating no concerns. The Towns of Windsor and
Severance in their referral comments, dated March 4, 2022, indicated that
they have no concerns. The Town of Severance Future Land Use map,
dated 2020, identifies the property as within the Land Use Transition Zone.
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SPECIAL REVIEW PERMIT (USR22-0006) - ANDREW CASTLE AND
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Per the 2020 Comprehensive Plan, the property lies between the Rural
Residential Conservation / Agriculture land use area and the suburban
perimeter land use areas.
E. Section 23-2-230.6.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The property is not within the
Geologic Hazard Overlay District, Agricultural Heritage Overlay District,
Airport Overlay District, Municipal Separate Storm Sewer System (MS4) or
a Special Flood Hazard Area. Building Permits issued on the property 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 proposal is located on approximately 5.39 acres and is comprised
of three (3) separate soil classifications, Farmland of Statewide
Importance, Prime Farmland if Irrigated (Soils Erodibility) and Prime
Farmland if drained and protected from flooding or not flooded during the
growing season, per the 2020 Natural Resource Conservation Service Soil
Survey. Given the current site improvements, no prime agricultural land is
affected by this proposal.
G. Section 23-2-230.6.7 — This proposal has been reviewed by the
appropriate referral agencies and it has been determined that 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 ensure that there are adequate provisions for the
protection of the health, safety and welfare of the inhabitants of the
neighborhood and county and will address and mitigate impacts on the
surrounding area with the operation of this facility.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Andrew Castle and Angela Knopf -Castle, for a Site
Specific Development Plan and Use by Special Review Permit, USR22-0006, for Commercial
Recreational Facilities (indoor volleyball sport court and two (2) outdoor volleyball sand courts)
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 USR22-0006.
2) The attached Development Standards.
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3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall delineate on the map the trash collection areas.
Section 23-2-240.A.13 of the Weld County Code addresses the
issue of trash collection areas.
5) The map shall delineate the existing landscaping.
6) The map shall delineate the on -site lighting.
7) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2 of the Weld County Code.
8) The map shall delineate the parking area for the vendors,
customers and/or employees.
9) County Road 25 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.
10) County Road 72 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.
11) 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 a revised Access Permit in the
approved location prior to construction.
12) The applicant shall show and label the drainage flow arrows.
13) 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
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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 Appendix 5-J of the Weld County Code, should the map not be
recorded within the specified timeline from the date of the Board of County
Commissioners Resolution, a $50.00 recording continuance fee shall be added for
each additional three (3) month period.
4. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required prior to the start of construction.
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
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 18th day of May, A.D., 2022.
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Weld County Clerk kttoJthe Bo t�
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Deputy Clerk to the
APPROVED AS
ounty Attorney
Date of signature: x'13` ZZ'
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AROF COUNTY COMMISSIONERS
WCOU , COLORADO
S James, Chair
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erry L. Buck
Steve Moreno
2022-1316
PL2823
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ANDREW CASTLE AND ANGELA KNOPF-CASTLE
USR22-0006
1 A Site Specific Development Plan and Use by Special Review Permit, USR22-0006, is for
Commercial Recreational Facilities (indoor volleyball sport court and two (2) outdoor
volleyball sand courts) 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 are 8:00 a.m. - 10:00 p.m., Monday — Sunday.
4. The parking area on the site shall be maintained.
5. All signs shall adhere to Chapter 23, Article IV, Division 2, of the Weld County Code.
6. The existing landscaping on the site shall be maintained.
7. 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.
8. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
9. Prior to the release of Building Permits, the applicant shall be required to submit a
complete Access application for a "preliminarily approved" access location as shown on
this map.
10. The historical flow patterns and runoff amounts on the site will be maintained.
11. 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.
12. Fugitive dust shall attempt to be confined on the property. Uses on the property should
comply with the Colorado Air Quality Commission's Air Quality Regulations.
13. Adequate drinking, hand washing, and toilet facilities shall be provided for employees and
patrons of the facility, at all times. A permanent, adequate water supply shall be provided
for drinking and sanitary purposes.
14. 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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15. The operation shall comply with all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
16. 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. 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.
17. Building Permits shall be required for any new construction or set up manufactured
structure, per Section 29-3-10 of the Weld County Code. A Building Permit application
must be completed and submitted. Buildings and structures shall conform to the
requirements of the various Codes adopted at the time of permit application. Currently,
the following have been adopted by Weld County: 2018 International Building Codes, 2018
International Energy Code, 2020 National Electrical Code, and Chapter 29 of the Weld
County Code. A Plan Review shall be approved, and a permit must be issued prior to the
start of construction.
18. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
19. 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.
20. 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.
21. 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.
22. 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 Planning Services may grant an extension of time, for
good cause shown, upon a written request by the landowner.
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23. 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.
24. 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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