HomeMy WebLinkAbout20122910.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY
SPECIAL REVIEW PERMIT, USR12-0049 (FORMERLY USR-993 AND USR-883),
FOR A RECREATIONAL FACILITY (SHOOTING RANGE) AND A PUBLIC UTILITIES
FACILITY, INCLUDING EQUIPMENT STORAGE OR REPAIR FACILITIES, IN THE
A (AGRICULTURAL) ZONE DISTRICT - THE COLORADO DEPARTMENT OF
HIGHWAYS
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 October, 2012, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of the Colorado Department of Highways, 1420 2nd Street, Greeley,
Colorado 80631, for a Site Specific Development Plan and Amended Use by Special Review
Permit, USR12-0049 (formerly USR-993 and USR-883), for a Recreational Facility (shooting
range) and a Public Utilities Facility, including equipment storage or repair facilities, in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Lot B of Recorded Exemption, RE-2692; being part
of the W1/2 NE1/4 of Section 21, Township 5
North, Range 65 West of the 6th P.M., Weld
County, Colorado
WHEREAS, at said hearing, the applicant was represented by Ed Steiber, Colorado
Department of Transportation, 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 23-2-230.8.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect. Section
22-5-50.E (O.Goal 5) states: "Encourage the location of parks, recreation
and open spaces in areas with natural constraints to development."
Further, Section 22-5-50.E.1 (O.Policy 5.1) states: "Consider placing
parks, recreation and open spaces in floodplains, seep areas, wetlands,
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SPECIAL REVIEW PERMIT (USR12-0049) -COLORADO DEPARTMENT OF HIGHWAYS
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geological fault areas, nonproductive agricultural areas and areas having
natural features of public interest. Consider proposals for other areas as
well." The proposed use is also consistent with Section 22-2-20.1
(A.Goal.9) that states: "Reduce potential conflicts between varying land
uses in the conversion of traditional agricultural lands to other land uses."
Section 22-2-20.1.7 (A.Policy 9.7) states: "Protect privately owned open
space. Privately owned agricultural lands provide relatively open
landscapes. Unlike urban open space areas, public access to these lands
is not allowed." These lands are not guaranteed to remain traditional
agricultural lands, but can be converted by the individual land owner to
other uses through the appropriate land use processes. The proposed
shooting club is located adjacent to the floodplain of the Cache La Poudre
River and has historically been utilized as a shooting range for the
Colorado State Patrol. Conditions of Approval and Development
Standards ensure that a reasonable attempt will be made for the use to
be compatible with the region.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.C.4 of the Weld County
Code provides for a Site Specific Development Plan and a Use by Special
Review for a Recreational Facility, including Shooting Ranges, and
Section 23-3-40.D.1 provides for a Public Utilities Facility, including
equipment storage or repair facilities, subject to the provisions of Section
23-4-420, 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 surrounding
property is in production agriculture to the north and a commercial
agricultural truck terminal and wash bay permitted under AMUSR-1441.
To the east is an animal shelter permitted under SUP-323 and the Weld
County Public Works storage yard. To the south are pasture lands and
the Cache La Poudre River floodplain and a historic remnant gravel mine
(Davis Ranch) permitted under SUP-425. To the east is Foster Trucking
permitted under USR11-0004. There is limited residential development
approximately 1,250 feet to the east of the facility. The Conditions of
Approval and Development Standards will ensure compatibility with
adjacent properties.
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 subject property lies within the three (3) mile referral
area of the City of Greeley and Town of Kersey. The City of Greeley, in
the referral dated August 16, 2012, and the Town of Kersey in a referral
response received August 3, 2012, indicated no conflict with their
interests.
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1) Section 22-4-60 states: "Noise is a source of environmental
pollution. Exposure to excessive noise levels over prolonged
periods can be a threat to public health. Statutory noise standards
have been established for areas where commercial, industrial and
residential uses are located." Section 22-4-70.A.1 (N.Policy 1.1)
states: "Land use applications should be evaluated by the
Department of Public Health and Environment for compliance with
federal, state and county statutes, regulations and ordinances."
Further, Section 22-4-70.A.2 (N.Policy 1.2) states: "The
Department of Public Health and Environment should prescribe
noise level standards for land use applications, when appropriate."
The Department of Public Health and Environment states:
"Colorado Revised Statutes 25-12-109 exempts noise restrictions
on sport shooting ranges." The Conditions of Approval and
Development Standards will ensure compatibility with adjacent
properties.
E. Section 23-2-230.8.5 -- The site does lie within a recognized Weld
County Overlay District. Effective April 25, 2011, building permits issued
on the property will be required to adhere to the fee structure of the
County-Wide Road Impact Fee Program. Effective April 25, 2011, building
permits issued on the property will be required to adhere to the fee
structure of the 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 land in the northern 2/3 of the site is designated as
"Other," and lands to the southwest of the property are designated as
"Prime if Irrigated" on the Important Farmlands of Weld County Map,
dated 1979.
G. Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240 of the
Weld County Code), Operation Standards (Section 23-2-250 of the 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.
H. Section 23-4-370 --Additional requirements for Outdoor Shooting Ranges
have been addressed through this application. The Conditions of
Approval and Development Standards will ensure compliance with this
Section of the Weld County Code.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of the Colorado Department of Highway, for a Site
Specific Development Plan and Amended Use by Special Review Permit, USR12-0449
(formerly USR-993 and USR-883), for a Recreational Facility (shooting range) and a Public
Utilities Facility, including equipment storage or repair facilities, 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 plat:
A. The applicant shall provide written evidence, to the Department of
Planning Services, of compliance with the minimum standards and
requirements of the National Rifle Association.
B. The applicant shall submit written evidence, to the Department of
Planning Services, demonstrating that the 100 yard range baffle layout
requirement is not required for this facility, and that the existing range is in
compliance with the recognized minimum standards and requirements of
the National Rifle Association.
C. The applicant shall submit written evidence, to the Department of
Planning Services, of compliance with the National Rifle Association
minimum standards for shooting ranges for the specified firearms
permitted at this facility.
D. The applicant shall submit written evidence, to the Department of
Planning Services, of compliance with the Federal Aviation Administration
airspace analysis requirement, as specified in the referral dated July 30,
2012.
E. The applicant shall submit documentation that floor drain wastes from any
vehicle maintenance facility is captured in a watertight vault and hauled
off for proper disposal. Evidence of written approval shall be submitted to
the Department of Planning Services.
F. In the event washing of vehicles will occur on the site, the applicant shall
ensure that any vehicle washing area(s) shall capture all effluent and
prevent discharges from the washing of vehicles in accordance with the
rules and regulations of the Water Quality Control Commission, and the
Environmental Protection Agency. Vehicle washing areas should be
designated on the plat. Evidence of written approval shall be submitted to
the Department of Planning Services.
G. The applicant shall submit a Waste Handling Plan to the Environmental
Health Services Division of the Weld County Department of Public Health
and Environment for approval. Evidence of written approval shall be
submitted to the Department of Planning Services. The plan shall
include, at a minimum, the following:
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1) A list of wastes which are expected to be generated on the site,
including expected volumes and types of waste generated.
2) A list of the type and volume of chemicals expected to be stored
on the site.
3) The waste handler and facility where the waste will be disposed
of, including the facility name, address, and phone number.
H. The applicant shall provide the Department of Planning Services with an
on-site maintenance plan that is in compliance with Section 23-2-250.F of
the Weld County Code.
An Access Permit Application is required for this site. There is no fee and
no photos are required since the existing access will be used. The Access
Permit Application form is available on the Public Works website under
Permits/Applications.
J. The applicant shall submit a Lighting Plan to the Department of Planning
Services, for review and approval.
2. The Plat shall be amended to delineate the following:
A. All the pages of the plat shall be labeled USR12-0049.
B. The plat shall be amended to delineate the attached Development
Standards.
C. County Road (CR) 60.5 is designated on the Weld County Road
Classification Plan as a collector road, which requires 80 feet of
right-of-way at full buildout. There is presently 60 feet of right-of-way. An
additional 10 feet shall be delineated on the plat as future CR 60.5
right-of-way. All setbacks shall be measured from the edge of future
right-of-way. The applicant shall verify the existing and any future
right-of-way and the documents creating the right-of-way. If the right-
of-way cannot be verified, it shall be dedicated. This road is maintained
by Weld County.
D. The existing vegetation shall be identified with a "dot" in the center of the
circle. The proposed, or future, plant material shall be delineated with a
"+" in the middle of the circle designating new plant material to be
installed.
E. The existing access shall be shown and labeled with the approved
Access Permit Number (will be provided when an application is received).
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F. Off-street parking spaces, including the access drive, shall be surfaced
with gravel, asphalt, concrete or the equivalent and shall be graded to
prevent drainage problems. Parking spaces must be dimensioned on the
drawing and follow Weld County requirements. "General location,
arrangement and dimensions of parking spaces, width of aisles, width of
bays, angle of parking and other similar information." Parking Lots shall
conform to all standards of the Americans with Disabilities Act (ADA).
The applicant shall identify the two (2) ADA spaces with the appropriate
symbols and signs.
3. Upon completion of Conditions of Approval #1 and #2 above, the applicant shall
submit a Mylar plat, along with all other documentation required as Conditions of
Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk
and Recorder by the Department of Planning Services. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. 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 applicant shall be responsible for paying the
recording fee.
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. 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.
6. 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 be added for each additional three (3)
month period.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of October, A.D., 2012.
,. BOARD OF COUNTY COMMISSIONERS
• SQk:i ELD COUNTY, COLORADO
ATTEST: PMAIV --9
an P. Co wa Chair
Weld County Clerk to the Bo t ` 7* 3 Ati, 1
Willi m . Gar ia, Pro-Tem
BY:
Deputy Cler t e Board CLi ,
/Bar Kirkmeyer 7 LALL11
APP D ORM: e t (-±
David E. Long
n y Attorney e a
ougla adem her
Date of signature: `2-
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
COLORADO DEPARTMENT OF HIGHWAYS
USR12-0049
(FORMERLY USR-993 AND USR-883)
1. The Site Specific Development Plan and Amended Use by Special Review Permit,
USR12-0049 (formerly USR-993 and USR-883), is for a Recreational Facility (shooting
range) and a Public Utilities Facility, including equipment storage or repair facilities, in
the A (Agricultural) Zone District, as indicated in the application materials on file and
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. Hours of Operation shall be from 9:00 a.m., to 8:00 p.m., of any given day.
4. There shall be no use of the Shooting Range during all recognized federal and state
holidays.
5. There are eight (8) employees utilized in the operation of this facility.
6. Events held at this facility are limited to twenty (20) persons.
7. There shall be no muzzleloaders, of any caliber, used at this facility at any time.
8. USR12-0049 shall be reviewed every ten years per Section 23-4-370.A of the Weld
County Code.
9. On-site lighting, including security lighting if applicable, shall be shielded so that beams
or rays of light will not shine directly onto 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; and no colored lights may be used which may be
confused with, or construed as, traffic control devices.
10. 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.
11. 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.
12. 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.
13. The applicant shall operate in accordance with the approved Waste Handling Plan.
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14. The applicant shall operate in accordance with the approved Lead Management
Program.
15. Any vehicle washing area(s) shall capture all effluent and prevent discharges from the
washing of vehicles in accordance with the rules and regulations of the Water Quality
Control Commission, and the Environmental Protection Agency.
16. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The
facility shall be operated in accordance with the approved Dust Abatement Plan, at all
times.
17. This facility shall adhere to the maximum permissible noise levels allowed in the
Industrial Zone District, as delineated in Section 14-9-30 of the Weld County Code.
18. Adequate drinking, hand washing and toilet facilities shall be provided for employees of
the facility, at all times.
19. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
20. Any additional hydraulic load to an existing septic system will require an evaluation from
a Colorado registered professional engineer. The engineer's evaluation shall be
submitted to the Environmental Health Division of 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 Individual Sewage Disposal
(I.S.D.S.) Regulations.
21. The facility shall utilize the existing public water supply (City of Greeley).
22. All pesticides, fertilizer, and other potentially hazardous chemicals must be handled in a
safe manner, in accordance with product labeling, and in a manner that minimizes the
release of hazardous air pollutants (HAP's) and volatile organic compounds (VOC's).
All chemicals must be stored secure, on an impervious surface, and in accordance with
manufacturer's recommendations.
23. Any targets used shall be considered non-toxic.
24. Processed wastewater, such as floor drain wastes, shall be captured in a watertight vault
and hauled off for proper disposal. Records of installation, maintenance, and proper
disposal shall be retained.
25. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
26. The historical flow patterns and runoff amounts will be maintained on the site, in such a
manner that it will reasonably preserve the natural character of the area and prevent
property damage of the type generally attributed to runoff rate and velocity increases,
diversions, concentration and/or unplanned ponding of storm runoff.
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27. Pursuant to Chapter 15, Articles I and II, of the Weld County Code, if noxious weeds
exist on the property, or become established as a result of the proposed development,
the applicant/landowner shall be responsible for controlling the noxious weeds.
28. All structures, existing and new, if used for storage, will be classified as S-2 (Storage). If
any storage material exceeds the maximum amount of Hazardous material on table
307.7(1) of the 2003 International Building Code, the building will be classified as
H (Hazardous storage). Fire resistance of walls and openings, construction
requirements, maximum building height and allowable areas will be reviewed at the plan
review. Setback and offset distances shall be determined by the Weld County Code.
29. Buildings 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: 2006
International Building Code, 2006 International Mechanical Code, 2006 International
Plumbing Code, 2006 International Energy Code, 2006 International Fuel Gas Code,
2011 National Electrical Code, 2003 ANSI 117.1 Accessibility Code and Chapter 29 of
the Weld County Code.
30. Effective April 25, 2011, building permits issued on the property will be required to
adhere to the fee structure of the County-Wide Road Impact Fee Program.
31. Effective April 25, 2011, building permits issued on the property will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee
Programs.
32. Off-street parking spaces, including access drives, shall be surfaced with gravel, asphalt,
concrete or the equivalent and shall be graded to prevent drainage problems.
33. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
34. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
35. "No Trespassing" and "Shooting Range" signs shall be posted and maintained on the
perimeter fence, at all points of ingress and egress, to clearly identify the boundaries of
the site.
36. Necessary personnel from the Weld County Departments of Planning Services, Public
Public Health n Environmenth ll begranted access onto the property at
Works, and ub cand shall p p y
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.
37. 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
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are permitted. Any other changes shall be filed in the office of the Department of
Planning Services.
38. In accordance with Section 23-2-200.E of the Weld County Code, if the Use by Special
Review has not commenced within three (3) years from the date of approval, or is
discontinued for a period of three (3) consecutive years, it shall be presumed inactive.
The County shall initiate an administrative hearing to consider whether to grant an
extension of time to commence the use or revoke the Use by Special Review. If the Use
by Special Review is revoked, it shall be necessary to follow the procedures and
requirements of Chapter 23, Division 4, of the Weld County Code in order to reestablish
any Use by Special Review.
39. 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.
40. 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 plat and recognized at all times.
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