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Home My WebLink About20210751.tiffRESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR20-0038, FOR COMMERCIAL RODEOS AND COMMERCIAL ROPING ARENAS OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT - BARTON LAND AND CATTLE, INC., C/O BRIAN AND DENISE BARTON 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 17th day of March, 2021, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of Barton Land and Cattle, Inc., c/o Brian and Denise Barton, 27495 County Road 46, Kersey, Colorado 80644, for a Site Specific Development Plan and Use by Special Review Permit, USR20-0038, for Commercial Rodeos and Commercial Roping Arenas 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 First Amended Recorded Exemption, 1AMRECX19-13-0078; being part of the N1/2 NE1/4 of Section 8, Township 4 North, Range 64 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 Weld County Comprehensive Plan 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 now one of the most economically productive agricultural counties in the nation. The Weld County Right to Farm Statement and the GC: PLCmH/TP),PWCIMS/DA),€H(LO, C/ cac) , APPS ©t -t f ao f a I 2021-0751 P L 1306 SPECIAL REVIEW PERMIT (USR20-0038) - BARTON LAND AND CATTLE, INC., C/O BRIAN AND DENISE BARTON PAGE 2 Goals and Objectives in [the Comprehensive] Plan support the importance of agriculture in the County" The proposed Use is an agricultural activity. Specifically, it is a facility designed for western -style sports such as barrel racing, rodeos, and roping, activities that are inherent to the agricultural heritage of Weld County. These activities have successfully co -existed with and originated from production agricultural and ranching practices. 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 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 events. 2) Section 23-3-40.E — Uses by Special Review, 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 roping arena onsite. C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible with the existing surrounding land uses. The adjacent lands are zoned A (Agricultural) and uses consist of agricultural, rural residential uses, sporadic businesses and oil and gas encumbrances. The closest residence is approximately 630 feet southwest of the arena. The next closest three (3) residences are approximately 780 to 980 feet north of the arena. The Big Sky Estates PUD residential subdivision is located approximately 0.2 miles north of the arena. There are several existing USRs within one (1) mile of the site including: USR19-0039 for a home business; USR-1137 for an airstrip; USR20-0001 for a multi -family dwelling; USR17-0076 for an agricultural and horticulture service business; USR-556 for an agricultural and pallet service business; MUSR14-0029 for a mineral resource development facility; USR11-0002 for oil and gas support and service; and AmUSR-1140 for a dairy. 2021-0751 PL1306 SPECIAL REVIEW PERMIT (USR20-0038) - BARTON LAND AND CATTLE, INC., C/O BRIAN AND DENISE BARTON PAGE 3 Weld County Department of Planning Services staff sent notice to 15 surrounding property owners (SPO) within 500 feet of the proposed USR boundary. Two (2) letters and four (4) postcards were received in opposition. The residence on this adjacent property is approximately 2,000 feet away from the USR parking area and 2,700 feet away from the USR arena. The opposition letter expressed concerns about the application, specifically that third -party companies will manage roping events, inconsistencies in the application regarding hours of operation and lighting, a lack of traffic study, drainage concerns and the potential for run-off to impact the SPO property, and other nuisances such as noise, congestion and outsiders. Due to the rural nature of the surrounding land uses, the facility appears to be compatible with the area and should not detract from other landowners' ability to enjoy or use their properties. The existing layout of the site is not changing and this USR does not propose any new structures. D. Section 23-2-230.B.4 — The uses which would 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 this Code or master plans of affected municipalities. A small portion of the site is located within the Town of Kersey Coordinated Planning Agreement boundary. Kersey returned a Notice of Inquiry response dated October 27, 2020, and had no objections to the proposal. The site is located at the far southern reach of the Town of Kersey three (3) mile municipal referral radius. Kersey returned a referral response dated December 23, 2020, and expressed no concerns with the application. E. Section 23-2-230.6.5 — The application complies with Articles V and XI of this Chapter if the proposal is located within an overlay zoning district or a special flood hazard area identified by maps officially adopted by the county. The proposed facility is not located within a regulatory floodplain, Municipal Separate Storm Sewer System (MS4) area, Greeley -Weld County Airport Overlay District, Geologic Hazard Overlay District 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 23-2-230.6.6 — The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The site does not contain Prime Farmlands. Specifically, the on -site soils underlaying the area where the USR will occupy are predominately "Terry fine sandy loam and Vona loamy sand," which are classified as "Not prime farmland," per the USDA Natural Resources Conservation Service (NRCS) Custom Soil Report prepared November 6, 2020, and submitted in the application materials. Similar findings are presented in the West Greeley Conservation District referral, dated January 11, 2021. The 2021-0751 PL1306 SPECIAL REVIEW PERMIT (USR20-0038) - BARTON LAND AND CATTLE, INC., C/O BRIAN AND DENISE BARTON PAGE 4 proposed USR will not remove any irrigated agricultural land from production. 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. The Colorado Division of Water Resources, Weld County Department of Public Health and Environment, Weld County Department of Public Works, Weld County Office of Emergency Management, and West Greeley Conservation District referrals provide additional background and advisory information regarding designing and operating the site to protect with the interests of the County, public and other governmental agencies. Additionally, the existing landscaping and screening and Emergency Action Plan will assist in mitigating impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Barton Land and Cattle, Inc., c/o Brian and Denise Barton, for a Site Specific Development Plan and Use by Special Review Permit, USR20-0038, for Commercial Rodeos and Commercial Roping Arenas 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 applicant has indicated that events may occur on weekends and some possible weekdays, six (6) months or less per year. The applicant shall submit a plan for their selected sewage disposal source, whether that may be permitting the existing septic system for commercial use or providing on -site portable toilets in accordance with Weld County Environmental Health policy, as detailed in the Development Standards. B. The map shall be amended to include the following: 1) All sheets of the map shall be labeled USR20-0038. 2) The attached Development Standards. 3) The map shall be prepared per Section 23-2-260.D of the Weld County Code. 4) The applicant shall show and label any existing and proposed structures, equipment, loading areas, designated spectator areas, storage areas and any other miscellaneous improvements. 2021-0751 PL1306 SPECIAL REVIEW PERMIT (USR20-0038) - BARTON LAND AND CATTLE, INC., C/O BRIAN AND DENISE BARTON PAGE 5 5) The applicant shall show and label the location of any existing buffering, landscaping, screening, fencing and gates. The applicant shall include specification details on the USR map, and refer to Section 23-2-240.A.10 of the Weld County Code. 6) The applicant shall show and label the location of the site signage. The applicant shall include sign specification details on the USR map, and refer to Section 23-2-240.A.12, Chapter 23, Article IV, Division 2, and Appendices 23-C, 23-D and 23-E of the Weld County Code. Sign dimensions shall adhere to the Weld County Sign Code. 7) The applicant shall show and label the location of the trash collection areas. The applicant shall include specification details on the USR map, and refer to Section 23-2-240.A.13 of the Weld County Code for design criteria. 8) The applicant shall show and label any on -site lighting. All lighting shall be downcast and shielded so that light rays will not shine directly onto adjacent properties. The applicant shall include lighting specification details on the USR map, and refer to Section 23-2-250.D of the Weld County Code for design criteria. 9) The applicant shall show and label the on -site parking with surface type and identity any specific areas for participants, spectators, vendors, private use, et cetera, and refer to Chapter 23, Article IV, Division 1 of the Weld County Code for design criteria. 10) The applicant shall show and label the setback radiuses for existing oil and gas tank batteries and wellheads. Setback requirements are located in Section 23-3-70.E of the Weld County Code. 11) The applicant shall show and label all recorded easements and rights -of -way on the map by book and page number or reception number and recording date. 12) County Road 48 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. 13) County Road 53 is a paved road and is designated on the Weld County Functional Classification Map as a collector road, which 2021-0751 PL1306 SPECIAL REVIEW PERMIT (USR20-0038) - BARTON LAND AND CATTLE, INC., C/O BRIAN AND DENISE BARTON PAGE 6 requires 80 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. 14) The applicant shall show and label the approved access locations, approved access width and the appropriate turning radii on the site plan. The applicant must obtain an Access Permit in the approved location prior to operation. 15) The applicant shall show and label the approved tracking control on the site plan. 16) 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. 17) The applicant shall show and label the drainage flow arrows. 18) 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. 4. Prior to Operation: A. An Access Permit, specific to the proposed use, shall be obtained. 2021-0751 PL1306 SPECIAL REVIEW PERMIT (USR20-0038) - BARTON LAND AND CATTLE, INC., C/O BRIAN AND DENISE BARTON PAGE 7 B. The tracking control shall be constructed. C. The applicant shall develop an Emergency Action and Safety Plan with the Weld County Office of Emergency Management and the Platte Valley 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. The applicant shall submit evidence of acceptance to the Weld County Department of Planning Services. 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 17th day of March, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dithio Weld County Clerk to the Board BY: APP County Attorney Date of signature: 04/13/a Steve oreno, Chair c• ' . - es, Pro-Te Perry L. Bu Lori Saine 2021-0751 PL1306 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS BARTON LAND AND CATTLE, INC. C/O BRIAN AND DENISE BARTON USR20-0038 1. The Site Specific Development Plan and Use by Special Review Permit, USR20-0038, is for Commercial Rodeos and Commercial Roping Arenas 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. Events shall be conducted during daylight hours only. 4. Events are limited to weekends and on one (1) weekday immediately preceding or following the weekend. 5. Events are limited to a seasonal basis within a six (6) month period from April 1st to September 30th of a given year. 6. 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 time. 7. The number of on -site animal units shall be limited to the maximum allowed as a Use by Right on this parcel. 8. The internal site layout and any area of the property open to the public including, but not limited to, the arena, restrooms, and parking area, shall be maintained and orderly. 9. The existing landscaping and screening shall be maintained. 10. Event and parking management staff shall be present during all events. 11. All signs shall adhere to Section 23-2-240.A.12, Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. 12. 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. 13. 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 signed by 2021-0751 PL1306 DEVELOPMENT STANDARDS (USR20-0038) - BARTON LAND AND CATTLE, INC., C/O BRIAN AND DENISE BARTON PAGE 2 representatives of the Fire District and the Weld County Office of Emergency Management to the Department of Planning Services. 14. 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. 15. 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. 16. 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. 17. 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 and the accepted Waste Handling Plan. 18. 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 and the accepted Dust Abatement Plan. 19. Adequate drinking, handwashing, 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. 20. Sewage disposal for the facility shall be by an On -site Wastewater Treatment Systems (OWTS). Any system located on the property must comply with all provisions of the Weld County Code, pertaining to OWTS. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. 21. Any additional hydraulic load to the existing OWTS (SP -9600459) will require an evaluation from a Colorado Registered Professional Engineer. The engineer's evaluation shall be submitted to the Weld County Department of Public Health and Environment. In the event the system is found to be inadequate, the system must be brought into compliance with current Weld County OWTS Regulations. 22. The applicant shall comply with Colorado Retail Food Establishment Rules and Regulations governing the regulation of food service establishments. 23. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in C.R.S. §25-12-103. 2021-0751 PL1306 DEVELOPMENT STANDARDS (USR20-0038) - BARTON LAND AND CATTLE, INC., C/O BRIAN AND DENISE BARTON PAGE 3 24. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 25. 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. 26. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. 27. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. 28. Any work that may occupy and/or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. 29. The historical flow patterns and runoff amounts on the site will be maintained. 30. Weld County is not responsible for the maintenance of on -site drainage related features. 31. Building Permits shall be required for any new construction (buildings and/or structures), 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 Chapter 29 of the Weld County Code, and the adopted codes at the time of permit application. Currently, the following have been adopted by Weld County: 2018 International Building Codes, 2006 International Energy Conservation Code, 2017 National Electrical Code. 32. A complete code analysis prepared by a registered design professional is required and shall be submitted with all Commercial Building Permit Applications to Weld County. A Floor Plan shall be submitted showing room dimensions and room uses, along with details showing compliance with Accessibility requirements and currently adopted building codes. 33. All new Commercial Building projects require Fire District notification (letter or email form). Proof shall be submitted with Commercial Permit applications. Final Fire District approval is also required prior to issuing a Certificate of Occupancy. 34. 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. 35. 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 2021-0751 PL1306 DEVELOPMENT STANDARDS (USR20-0038) - BARTON LAND AND CATTLE, INC., C/O BRIAN AND DENISE BARTON PAGE 4 permitted. Any other changes shall be filed in the office of the Department of Planning Services. 36. The property owner or operator shall be responsible for complying with all 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. 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. 2021-0751 PL1306 Hello