HomeMy WebLinkAbout20203195.tiff RESOLUTION
RE : APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT , USR20 - 0021 , FOR A COMMERCIAL ROPING ARENA IN THE
A ( AGRICULTURAL ) ZONE DISTRICT - GLENN AND KAREN MILLER , C /O ANDREW
HEIN
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
November . 2020 , at the hour of 10 : 00 a . m . , in the Chambers of the Board . for the purpose of
hearing the application of Glenn and Karen Miller , 12854 CR 30 , Platteville . Colorado 80651 .
c/o Andrew Hein . 17286 CR 32 , Platteville , Colorado 80651 , fora Site Specific Development Plan
and Use by Special Review Permit . USR20 - 0021 .. for a Commercial Roping Arena in the
A (Agricultural ) Zone District , on the following described real estate , being more particularly
described as follows :
Part of the SW1 /4 of Section 24 , Township 3 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 . It is the opinion of the Board of County Commissioners that the applicant has
shown compliance 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 23 - 2 - 20 . A (A . Goal 1 ) states : "Respect and encourage the
continuation of agricultural land uses and agricultural operations for
purposes, which enhance the economic health and sustainability of
agriculture . " The request furthers Agriculture Goal 1 , which
encourages bolstering the economic health of agricultural
operations . The cattle roping events will aide in sustaining the cattle
ranching operation .
PLU\-3 /TPA , PK) OAK / DPrt CA-k-CLC) 2020 - 3195
CA ( BO 1WPL 1 A-PPL- RU PL2769
12.1312.0 2.d
SPECIAL REVIEW PERMIT (USR20-0021) - GLENN AND KAREN MILLER, C/O ANDREW
HEIN
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2) Section 22-3-70 A (TR Goal 1) stated "Recognize the importance
of cultural and hentage tourism and recreation to local, regional and
agncultural economies, including events and sites such as corn
mazes, County fairs, farm implement museums, etc Encourage the
provision of adequate support services and facilities necessary for
the continuation and expansion of these activities, consistent with
other goals and policies of the Comprehensive Plan "The request
satisfies Tourism Goal 1, which encourages bolstering the
agricultural economy through agriculture-related recreation, in this
case, cattle roping
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, in part "The A (Agricultural) Zone
District is Intended to provide areas for the conduct of agricultural
activities and activities related to agnculture and agricultural
production "The request to hold cattle roping events at an existing
cattle ranch is directly related to, and dependent upon, agricultural
operations
2) Per Section 23-3-40 E, a commercial roping arena is permissible in
the A (Agricultural) Zone District with an approved Use by Special
Review Permit
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 consist of
pastures, oil and gas activity, and scattered rural residences USR-1166 for
a 22-inch pipeline crosses the subject property, but not in the vicinity of the
arena There are five (5) other USRs within 0 5 miles of the site
USR16-0020 for storage and fabrication, USR-521 for an airport,
MUSR13-0003 for an oil and gas support facility, MUSR12-0004 for an oil
and gas support and services facility, and 1MUSR18-12-0074 for a natural
gas pipeline and pump station Notice was sent to eight (8) surrounding
property owners The adjacent property owner to the east sent in a
response dated September 9, 2020, requesting that event traffic be
restricted from using the oil and gas easement road located on his property
and near the arena The applicant proposed another access to the site for
event traffic and will not allow event traffic to use the access road on the
Johnson property One other surrounding property owner responded with
no concerns
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
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SPECIAL REVIEW PERMIT (USR20-0021) - GLENN AND KAREN MILLER, C/O ANDREW
HEIN
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provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities The site is not located within a three (3) mile referral area of
any municipality, nor is it located within any existing Intergovernmental
Agreement Area (IGA) of a municipality This site in not in an area expected
to develop at an urban scale Therefore, the use of the existing cattle ranch
for cattle roping events is compatible with the expected future and existing
land uses in the area Staff requires that the parking area be improved, in
accordance with Section 23-4-30 C, which states, "Off-street parking
spaces including access dnves shall be surfaced with gravel, asphalt,
concrete or equivalent and shall be graded to prevent drainage problems
Parking lot surfaces shall be consistent with the surrounding
development " The parking area will be surfaced with grass, gravel,
concrete or crushed asphalt to reduce soil erosion The nearest paved
road is 0 8 miles away, so no paving is required or recommended
E Section 23-2-230 B 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, a Special Flood Hazard Area, MS4 Area
or the Airport 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 approximately 160 acres of"Other
Land," per the 1979 Soil Conservation Service Important Farmlands of
Weld County Map No prime irrigated land is affected by this proposal
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
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Glenn and Karen Miller, c/o Andrew Hein, for a Site
Specific Development Plan and Use by Special Review Permit, USR20-0021, for a Commercial
Roping Arena 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 USR20-0021
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SPECIAL REVIEW PERMIT (USR20-0021) - GLENN AND KAREN MILLER, C/O ANDREW
HEIN
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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 applicant shall delineate the trash collection areas on the map
Section 23-2-240 A 13 of the Weld County Code addresses the
issue of trash collection areas
5) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code
6) The map shall delineate the parking area, with surface type, which
may be grass, gravel, concrete, asphalt or equivalent material, for
the vendors, customers and/or employees
7) The map shall delineate all easements and rights-of-way
8) County Road 32 is a paved road and is designated on the Weld
County Functional Classification Map as a collector road, which
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
9) County Road 35 Section Line is shown to have 60 feet of
unmaintained section line 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 35 Section Line Right-of-Way, not
County Maintained " All setbacks shall be measured from the edge
of the right-of-way
10) County Road 30 Section Line is shown to have 30 feet of
unmaintained section line 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 30 Section Line Right-Of-Way, not
County Maintained " All setbacks shall be measured from the edge
of the right-of-way
11) The applicant shall show and label the approved access location
The applicant must obtain an Access Permit in the approved
location prior to construction
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SPECIAL REVIEW PERMIT (USR20-0021) — GLENN AND KAREN MILLER, CIO ANDREW
HEIN
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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
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 Construction
A If disturbing more than one (1) acre
1) A Weld County Grading Permit will be required Grading Permit
applications are accepted after the USR map is recorded An Early
Release Request Form may be entertained only after the applicant,
Department of Public Works and Department of Planning Services
have reviewed the referral and surrounding property owner
comments The Early Release Request may or may not be granted
depending on referral comments and surrounding property owner
concerns Contact an Engineering representative from the
Department of Public Works for more information
2) A Construction Stormwater Permit is required by the Colorado
Department of Public Health and Environment, Water Quality
Control Division, reachable at 303-692-3575
5 Prior to Operation
A The applicant shall apply for an Access Permit in the approved location in
accordance with the Public Works referral dated September 3, 2020
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SPECIAL REVIEW PERMIT ( USR20 - 0021 ) - GLENN AND KAREN MILLER , C /O ANDREW
HEN
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6 . 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 4th day of November . A . D . , 2020 .
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY . COLORADO
ATTEST `
tA
Mike Freeman . Chair
Weld County Clerk to the Board
Steve oreno . Pro -Tem
BY -
. putt' Clerk to the Board
co K . James
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APP ED A FORM : 1 ? , . ' Sb
\ThFc, i r `'..t bara
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County Attorney " �� `'� Kevin D: �LI
Ross
Date of sicnature : It ( ( 1 1 ao
2020 - 3195
PL2769
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
GLENN AND KAREN MILLER
C/O ANDREW HEIN
USR20-0021
1 The Site Specific Development Plan and Use by Special Review Permit, USR20-0021, is
for a Commercial Roping Arena 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 commercial events are 9 00 a m — 9 00 p m , weekends
only
4 The number of on-site employees shall be up to ten (10), as stated in the application
5 The number of attendees shall be limited to 200 per event, as stated in the application
6 The parking area on the site shall be maintained
7 All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and
23-E of the Weld County Code
8 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
9 The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off-site tracking Dust abatement is required for unmaintained
CR 35
10 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
11 Access will be along unmaintained County right-of-way and maintenance of the
right-of-way will not be the responsibility of Weld County
12 The historical flow patterns and runoff amounts on the site will be maintained
13 Weld County is not responsible for the maintenance of on-site drainage related features
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
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HEIN
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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
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
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 System Any
system located on the property must comply with all provisions of the Weld County Code,
pertaining to On-site Wastewater Treatment Systems A permanent, adequate water
supply shall be provided for drinking and sanitary purposes
21 The applicant shall comply with Colorado Retail Food Establishment Rules and
Regulations governing the regulation of food service establishments
22 The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code
23 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
24 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, 2006
International Energy Code, 2017 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
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HEIN
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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 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 persons 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
29 The Weld County Right to Farm Statement, as it appears in Section 22-2-20 J 2 of the
Weld County Code, shall be placed on the map and recognized at all times
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