HomeMy WebLinkAbout20153815.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR15-0051, FOR AN AGRICULTURAL SERVICE ESTABLISHMENT
PRIMARILY ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY
OR HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS, INCLUDING
COMMERCIAL RODEO ARENAS AND COMMERCIAL ROPING ARENAS, TO
INCLUDE AN OUTDOOR ARENA IN THE A (AGRICULTURAL) ZONE DISTRICT -
GABRIEL AND VELIA ROBLES
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 16th day of
December, 2015, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Gabriel and Velia Robles, 4810 Mt. Princeton Street, Brighton, CO
80601, for a Site Specific Development Plan and Use by Special Review Permit, USR15-0051,
for an Agricultural Service Establishment primarily engaged in performing agricultural, animal
husbandry or horticultural services on a fee or contract basis, including commercial rodeo arenas
and commercial roping arenas, to include an outdoor arena in the A (Agricultural) Zone District,
on the following described real estate, being more particularly described as follows:
Lot B of Recorded Exemption, RE-3913; being part
of the NE1/4 of Section 20, Township 1 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present and represented by George
Herrera, Colorado Consultant Specialists, P.O. Box 530, Westminster, CO 80036, 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 23-2-230.6.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
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SPECIAL REVIEW PERMIT (USR15-0051) - GABRIEL AND VELIA ROBLES
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1) Section 22-2-20.6.2 (A.Policy 2.2) states: "Allow commercial and
industrial uses, which are directly related to or dependent upon
agriculture, to locate within agricultural areas when the impact to
surrounding properties is minimal or mitigated and where adequate
services and infrastructure are currently available or reasonably
obtainable. These commercial and industrial uses should be
encouraged to locate in areas that minimize the removal of
agricultural land from production."
2) Section 22-2-20.1 (A.Goal 9) states: "Reduce potential conflicts
between varying land uses in the conversion of traditional
agricultural lands to other land uses."The facility is sited adjacent
to the FRICO canal and west of an irrigation pond that has an
earthen berm to the west and north. The site slopes gently to the
west. Conditions of Approval and Development Standards require
operation during daylight hours only, disposal of animal feed and
wastes thereby limiting vermin infestation and minimizing a
nuisance condition, confinement of fugitive dust to the property, and
enforceable noise limitations and standards to ensure compatibility
with the surrounding area.
B. Section 23-2-230.6.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Citing the Weld County Code,
Section-23-3-40.B.17 and Section 23-3-40.6.18 provide for a Site Specific
Development Plan and Use by Special Review Permit for commercial
Rodeo Arenas, and commercial Roping Arenas, to include both indoor and
outdoor arenas in the A (Agricultural) Zone District.
C. Section 23-2-230.B.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The position of the facility on the
land creates a separation of more than 1,300 feet to the nearest residence
to the east, 1,600 feet to the nearest residence to the south, approximately
2,000 feet to residences to the north and over 3,000 feet to the west. With
the exception of the residences to the east, all other property is sloping to
the northwest. The site is located in a rural area, with Interstate 76
approximately 500 feet from the eastern property line and limited residential
development to the west and south. One letter dated September 1, 2015,
was received from a property owner located on County Road 8 who
objected to the proposed arena. No other comments were received from
interested persons or surrounding property owners. The Conditions of
Approval and Development Standards will require animal and feed wastes,
bedding, debris and other organic wastes to be disposed of so that vermin
infestations, flies, odors, disease hazards and nuisances are minimized.
Fugitive dust must be confined to the property, a Final Drainage design is
received to be submitted and approved prior to operation, agreements with
FRICO for the protection of the ditch and the water conveyed in the ditch
must be in place and enforceable noise limitations and standards will
ensure compatibility with the surrounding area.
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D. Section 23-2-230.6.4--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 of
the Towns of Hudson and Lochbuie and Adams County. The Town of
Lochbuie, in the referral dated September 17, 2015, indicated no conflict
with their interests. The Town of Hudson, in the referral dated
September 14, 2015, had concerns with how emergency services would
be provided for both the livestock and the participants. Access for
emergency service providers, the availability for fire protection, trash
collection and trash migrating onto adjacent properties and roads were also
of concern. At the time of the Hudson Planning Commission hearing there
were questions regarding food truck vendors, consumption of alcohol
beverages, traffic on adjacent roads and the potential for further
deterioration of the poor sandy road base. Adams County Conservation
District, in the referral comments dated September 17, 2015, indicated that
they have no concerns specific to damage to the soil, grasses, soil
compaction, the blowing of dust, the lack of a water well, and the significant
possibility of dead livestock -- of concern is how the animals would be
disposed of should this event occur. The Conservation District given their
concerns, suggested that the application not be approved.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. 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. The
property is not within the Flood Hazard development Area, the Geological
Hazard Development Area or the Weld County - Greeley Airport Overlay
District, and the site is not in a defined Municipal Separate Storm Sewer
System (MS4) area.
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 proposed facility is located on approximately 47 acres of Prime
(Irrigated) — farmlands of National Importance and Irrigated Land (Not
Prime) per the 1979 Soil Conservation Service Important Farmlands of
Weld County Map. The applicant has no rights to irrigation water from the
ditch and there is no water available or associated with the land.
G. Section 23-2-230.6.7 — 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.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Gabriel and Velia Robles, for a Site Specific
Development Plan and Use by Special Review Permit, USR15-0051, for an Agricultural Service
Establishment primarily engaged in performing agricultural, animal husbandry or horticultural
services on a fee or contract basis, including commercial rodeo arenas and commercial roping
arenas, to include an outdoor 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 applicant shall attempt to address the requirements (concerns) of
FRICO, as stated in the referral response dated September 10, 2015.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
B. An Improvements and Road Maintenance Agreement is required for off-site
improvements at this location. Road maintenance including dust control,
damage repair, specified haul routes and future traffic triggers for
improvements will be included.
C. The applicant shall develop an Emergency Action and Safety Plan with the
Office of Emergency Management and the Fire 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. Submit evidence of
acceptance to the Department of Planning Services.
D. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR15-0051.
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.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
5. Show and label the approved access (AP#15-00439), and the
appropriate turning radii.
6. Show and label the approved tracking control.
7. Show and label the Emergency Services site access and staging
area.
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8. The Parking shall be shown in accordance with
Section 23-3-250.A.2 of the Weld County Code.
9. County Road 41 is a gravel road and is designated on the Weld
County Road Classification Plan as a local road, which requires 60
feet of right-of-way at full buildout. The applicant shall delineate the
future and existing right-of-way. All setbacks shall be measured
from the edge of future right-of-way. This road is maintained by
Weld County.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit an
electronic version (.pdf), or one (1) paper copy, of the plat to the Weld County
Department of Planning Services for preliminary approval. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. Upon approval of the plat, the applicant shall submit a Mylar plat,
along with all other documentation required as Conditions of Approval. The Mylar
plat and additional requirements shall be submitted within one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution. The
Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder
by the Department of Planning Services. 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 plat not be recorded within the required one hundred
twenty(120)days from the date of the Board of County Commissioners Resolution,
a $50.00 recording continuance charge shall added for each additional three (3)
month period.
4. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or ArcGIS
Personal GeoDataBase (MDB). The preferred format for Images is .tif (Group 4).
(Group 6 is not acceptable). This digital file may be sent to maps@co.weld.co.us.
5. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on-
site construction.
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
6. The Use by Special Review 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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 16th day of December, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CO RADO
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Weld County Clerk to the Board
EXCUSED
,,n� Mike Freeman, Pro-Tem
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County Attorney
C.1 r Steve Moreno
Date of signature: 42/An ` ,..
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
GABRIEL AND VELIA ROBLES
USR15-0051
1. The Site Specific Development Plan and Use by Special Review Permit, USR15-0051, is
for an Agricultural Service Establishment primarily engaged in performing agricultural,
animal husbandry or horticultural services on a fee or contract basis, including commercial
rodeo arenas and commercial roping arenas, to include an outdoor 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 are 12:00 p.m. to 7:00 p.m., Saturday and Sunday, May through
October, as stated by the applicant(s).
4. The parking on the site shall be maintained in accordance with the approved Parking Plan.
5. 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.
6. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a
manner that protects against surface and groundwater contamination.
7. 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, Section 30-20-100.5, C.R.S.
8. 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 1, of the
Weld County Code.
9. 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.
10. This facility shall adhere to the maximum permissible noise levels allowed in the
Non-Specified Zone as delineated in Section 14-9-30 of the Weld County Code.
11. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility at all times. Temporary uses for a time period of six 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.
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12. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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
representatives for the Fire District and the Weld County Office of Emergency
Management to the Department of Planning Services.
14. 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.
15. The parking and emergency services areas on the site shall be maintained in accordance
with the approved Parking and Emergency Services Plans.
16. Should noxious weeds exist on the or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
17. The site shall be maintained to mitigate any impacts to the public road, including damages
and/or off-site tracking.
18. There shall be no parking or staging of vehicles on public roads. On-site parking shall be
utilized.
19. The historical flow patterns and runoff amounts will be maintained on the site.
n is not responsible for the maintenance of on-site drainage related features.
20. Weld County 9
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21. Building permits may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2012 International Codes,
2006 International Energy Code, and 2014 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.
22. 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.
23. The maximum number of persons on-site for any event is limited to 350 persons as stated
in the application. If there is a desire to have more than 350 persons on this site at any
one time, the property owner or operator shall first obtain an approved Temporary
I of the Weld County Code.
Assembly Permit pursuant to Chapter 12, Article
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24. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
25. 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.
26. 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.
27. 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.
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 person moving into these areas must
recognize the various impacts associated with this development. Often times, 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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