HomeMy WebLinkAbout20110705.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
• Moved by Jason Maxey, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1770
APPLICANT: H. Gordon Johnson
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Commercial Recreational Facility (baseball field) in the A (Agricultural)Zone
District.
LEGAL DESCRIPTION: Lot B of Corrected RE-660; located in the SE4 of Section 12, T4N, R65W of
the 6th P.M., Weld County, Colorado.
LOCATION: West of and adjacent to CR 49; north of and adjacent to CR 46.
be recommended favorably to the Board of County Commissioners 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 Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
I. A.Goal 9. "Reduce potential conflicts between varying land uses in the conversion of
traditional agricultural lands to other land uses."
• The ball field will have minimal impact on adjacent properties. The ball field is located in a
corner of the property, approximately 1/2 mile to the west of County Road 49. The field is a
seasonal use will not be used during nighttime hours. The field is not visible from County
Road 49. The majority of the property is an agricultural use (Big Foot Turf Farm) and no
additional land will be taken out of production.
B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the Agricultural(A)
Zone District. Section 23-3-40.C.8 allows for Commercial Recreational Facilities (baseball
field) as a Use by Special Review in the A (Agricultural) Zone District.
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. An airstrip is located immediately to the north of the site.The ball field
is bordered by cropland to the east,west and south.The nearest single family residences are
located to the north of the ball field with the nearest residence being located approximately
700 feet to the north.All of these residences utilize a different access road onto County Road
49 than the ball field.The field is a seasonal use and will not be used during nighttime hours.
D. Section 23-2-220.A.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 ball field is not located within the 3-mile referral area of any municipality.
E. Section 23-2-220.A.5 -- The application complies with Article V of the Weld County Code.
The existing site is within the County Road Impact Fee Area and the Capital Expansion
Impact Fee area.
• Effective January 1, 2003, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
I EXHIBIT
1 Al2011-0705
Resolution USR-1770
H. Gordon Johnson
Page 2
• Effective August 1, 2005, Building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee. (Ordinance 2005-8,Section
5-8-40)
F. Section 23-2-220.A.6 --The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use. The proposed site is
designated as"Prime" per the 1979 Soil Conservation Service Important Farmlands of Weld
County Map.The majority of the 136 acre property is cropland(a turf farm)and no additional
land will be taken out of production.
G. Section 23-2-220.A.7—There is adequate provisions for the protection of health, safety,and
welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled USR-1770 (Department of Planning Services)
B. The attached Development Standards. (Department of Planning Services)
C. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
• D. 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. Areas used for
storage or trash collection shall be screened from adjacent public rights-of-way and
adjacent properties. These areas shall be designed and used in a manner that will
prevent wind or animal scattered trash. (Department of Planning Services)
E. County Road 46 is designated on the Weld County Road Classification Plan as a
local gravel road,which requires 60 feet of right-of-way at full build out.The applicant
shall verify and delineate on the plat the existing right-of-way and the documents
creating the right-of-way and this shall be indicated on the plat. All setbacks shall be
measured from the edge of future right-of-way. If the right-of-way cannot be verified,
it shall be dedicated. This road is maintained by Weld County. (Department of
Public Works)
F. County Road 49 is designated on the Weld County Road Classification Plan as an
arterial road,which requires 140 feet of right-of-way at full build out.A total of 70-feet
from the centerline of County Road 49 shall be indicated as"Future County Road 49
Right-of-Way".The applicant shall verify and delineate on the plat the existing right-
of-way and the documents creating the right-of-way. All setbacks shall be measured
from the edge of future right-of-way. If the right-of-way cannot be verified, it shall be
dedicated. This road is maintained by Weld County. (Department of Public Works)
G. The 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. (Department of Public Works)
H. Oil and Gas setback radiuses shall be indicated on the plat as stipulated in Section
• 23-3-50.E of the Weld County Code. (Department of Planning Services)
Resolution USR-1770
H. Gordon Johnson
Page 3
• I. Indicate the location of the scoreboard, bleachers and concession area. (Department
of Planning Services)
2. The applicant shall submit written evidence to the Weld County Department of Planning Services
verifying that the occupants of the mobile home permitted under ZPMH-2188 located at the
southeastern portion of the property is principally employed at or engaged in the farming operation
(turf farm)on the subject property in accordance with Section 24-4-170 of the Weld County Code.The
evidence shall consist of tax records,employment agreements or other documentation as determined
suitable by the Weld County Department of Planning Services. Failure to submit the required
documentation may result in the cessation of the allowance of the mobile homes for temporary
accessory farm use. (Department of Planning Services)
3. The applicant shall resubmit a Zoning Permit for a Mobile Home(ZPMH)application (no application
fee is required)for the second mobile home located at the southeastern portion of the property to the
Department of Planning Services. (Department of Planning Services)
4. Upon completion of 1-3 above the applicant shall submit three (3) paper copies of the plat for
preliminary approval to the Weld County Department of Planning Services. Upon approval of the
paper copies 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 Department of Planning Services' Staff. 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 sixty (60) days from the date of the Board of County
Commissioners resolution. The applicant shall be responsible for paying the recording fee.
(Department of Planning Services)
5. In accordance with Weld County Code Ordinance 2006-7 approved June 1,2006, should the plat not
• be recorded within the required thirty (30) days from the date the Board of County Commissioners
resolution a $50.00 recording continuance charge shall added for each additional 3 month period.
(Department of Planning Services)
6. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Use by Special Review. Acceptable CAD formats are.dwg, .dxf, and .dgn(Microstation); acceptable
GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is.e00.
The preferred format for Images is.tif(Group 4). (Group 6 is not acceptable). This digital file may be
sent to maps(a)co.weld.co.us. (Department of Planning Services)
7. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the
property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk
and Recorder. (Department of Planning Services)
Motion seconded by Nick Berryman.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Erich Ehrlich
Roy Spitzer
• Mark Lawley
Nick Berryman
Jason Maxey
Resolution USR-1770
H. Gordon Johnson
Page 4
• The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on March 1, 2011.
Dated the 1st of March, 2011.
�r�'l.U�v�t1- �llflcl�Y�
Kristine Ranslem
Secretary
•
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
• H. Gordon Johnson
USR-1770
1. A Site Specific Development Plan and Special Review Permit for a Commercial Recreational Facility
(Baseball Field) in the A(Agricultural) Zone District. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The facility shall be operated from March 1s`through August 31st. (Department of Planning Services)
4. The hours of operations shall be limited to 9:00 am till dusk. (Department of Planning Services)
5. A maximum of 75 visitors(not including baseball team members and coaches)will be allowed on site
during games. (Department of Planning Services)
6. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
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, 30-20-100.5, C.R.S.,as amended. (Department of Public Health and Environment)
8. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department
• of Public Health and Environment)
9. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
(Department of Public Health and Environment)
10. 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. (Department of Public
Health and Environment)
11. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
12. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. Portable toilets and bottled water are acceptable for this seasonal use.
(Department of Public Health and Environment)
13. The Stanford Event and Labor Services portable toilet chart shall be adhered to as a minimum
guideline. Records of maintenance and proper disposal shall be retained on a seasonal basis.
(Department of Public Health and Environment)
14. The applicant shall comply with Colorado Retail Food Establishment Rules and Regulations governing
the regulation of food service establishments. (Department of Public Health and Environment)
15. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
• 16. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee
structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning
Services)
Resolution USR-1770
H. Gordon Johnson
Page 6
• 17. Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the
fee structure of the Capital Expansion Impact Fee and the Storm water/Drainage Impact Fee.
(Ordinance 2005-8 Section 5-8-40) (Department of Planning Services)
18. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
19. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
20. No overnight camping shall be allowed on the site. (Department of Planning Services)
21. Should 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, pursuant
to Chapter 15, Articles I and II of the Weld County Code. (Department of Public Works)
22. The existing access from County Road 49 and County Road 46 shall be utilized. (Department of
Public Works)
23. There shall be no parking or staging of vehicles on County Roads 46 or 49. (Department of Planning
Services/Department of Public Works)
24. 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.
• 25. The historical flow patterns and runoff amounts will be maintained on 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 run-off rate and velocity increases, diversions,concentration and/or unplanned
ponding of storm run-off. (Department of Public Works)
26. The 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. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total market
value of agricultural products sold. The rural areas of Weld County may be open and spacious, but
they are intensively used for agriculture. Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness,wildlife, lack of city noise and congestion,and the
rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
•
Resolution USR-1770
H. Gordon Johnson
Page 7
• Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural
activities will generate off-site impacts, including noise from tractors and equipment; slow-moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from
animal confinement, silage and manure; smoke from ditch burning;flies and mosquitoes;hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved"out of the way"of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size(twice
the size of the State of Delaware)with more than three thousand seven hundred(3,700)miles of state
and county roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County, and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must
leave their jobs and families to respond to emergencies. County gravel roads, no matter how often
they are bladed, will not provide the same kind of surface expected from a paved road. Snow
• removal priorities mean that roads from subdivisions to arterials may not be cleared for several days
after a major snowstorm. Services in rural areas, in many cases,will not be equivalent to municipal
services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches,electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines,territorial farm dogs and livestock,and
open burning present real threats. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood.
•
• The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, yes; Erich Ehrlich, yes; Robert Grand, yes; Bill Hall,yes;Alexander Zauder,yes; Jason Maxey,yes;
Roy Spitzer, absent; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
The Chair read the next case into record.
CASE NUMBER: USR-1770
APPLICANT: H. Gordon Johnson ,.
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Commercial Recreational Facility (baseball field) in the A(Agricultural) Zone
District.
LEGAL DESCRIPTION: Lot B of Corrected RE-660; located in the SE4 of Section 12, T4N, R65W of
the 6th P.M., Weld County, Colorado.
LOCATION: West of and adjacent to CR 49; north of and adjacent to CR 46.
Chris Gathman, Planning Services, commented that this request is dealing with existing improvements. The
surrounding area includes an airstrip located immediately to the north of the site and the ball field is bordered
by cropland to the east, west and south. The nearest single-family residences are located to the north of the
ball field with the nearest residence being located approximately 700 feet to the north. All of these residences
utilize a different access road onto County Road 49. The field is a seasonal use and will not be used during
night time hours.
Nine referrals were sent out; six referrals were received and either indicated no conflict with their interests or
have been addressed as conditions of approval and/or development standards.
No letters or phone calls have been received from surrounding property owners regarding this case.
• The main access to the facility is from County Road 49; however there is a secondary access from County
Road 46. You cannot see the ball field from County Road 49 as there is a slope westward from County Road
49.
The Department of Planning Services recommends approval of this application along with the attached
conditions of approval and development standards.
Commissioner Maxey commented that in the staff recommendation it appears that we are designating access
from County Road 49 but in the application they wish to access from County Road 46. He asked if access
from County Road 46 is acceptable. Mr. Gathman deferred to Public Works for that question.
Commissioner Holton asked why this application isn't a Use by Right. Mr. Gathman said that the applicants
are not charging the School District for use of the field, but there are some adult men leagues that they are
charging a fee to use the facility, which according to Weld County Code it falls under commercial recreation
and it requires a Use by Special Review Permit.
Heidi Hansen, Public Works, stated that the access is from County Road 49 which was indicated in their
application as the main access. The access from County Road 46 does cross another property. Mr. Maxey
stated that he visited the site and noted that access from County Road 46 is very well maintained and
recommended utilizing that access as well if an agreement can be made with the adjacent landowner.
Lauren Light, Environmental Health, stated that because this request is for six months or less portable toilets
and bottled water are acceptable. Dust Abatement and Waste Handling Plans have been submitted.
Heidi Hansen, Public Works, commented that the maximum expected cars are 30 to 40 cars for a Men's
League tournament on the weekend.
• Greg Johnson, Bigfoot Turf, said that he built the baseball field for the kids and the community. They do not
charge for high school kids or below for the use of the field. A minimal fee is charged for supplies (chalk,
paint) for the adult games. They have had the ball field since 2001 and they maintain it themselves. He
EXHIBIT 4
• added that they lose money every year in operating it but they want to have a place for the kids to play
baseball.
Mr. Johnson stated that there is a two mile visibility for the turn-off from County Road 49 from the south and
approximately one and one-half mile from the north. He added that they have built acceleration and
deceleration lanes at their own expense for safety.
Commissioner Maxey said that he would like to see an addition to Development Standard 22 to include County
Road 46 as an access point.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Joe Barbie, Superintendent for RE-1 School District, 14827 CR 42,Gilcrest, CO. She is here in support of this
application and added that they wish to have their kids play on this baseball field. This facility is a major
league quality baseball field and it far exceeds their existing facility. Mr. Johnson has offered the opportunity
for the school to utilize this baseball field. She indicated that they will bus the kids to the facility and would
prefer to access from County Road 46.
Ms. Hansen recommended amending Development Standard 22 to read"The existing accesses from County
Road 49 and County Road 46 shall be utilized."
Robert Grand moved to amend Development Standard 22 as recommended by staff, seconded by Jason
Maxey. Motion carried.
The Chair asked the applicant if he read through the amended Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that he is in agreement.
• Discussion centered on the fees for this application. Commissioner Holton stated that under the Task Force
they had wanted to establish three separate levels for a USR and he feels that this case is being treated the
same as a 1,000 head dairy and the impacts to this case are so minimal. Mr. Gathman said that there are
currently three separate levels; however the problem is that this request doesn't fall within the two lower fee
levels but rather is listed as a recreational facility under the"All Other Use by Special Review Permits"fee level
for a Use by Special Review Permit.
Jason Maxey moved that Case USR-1770 be forwarded to the Board of County Commissioners along with the
amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, seconded by Nick Berryman.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, yes with comment; Erich Ehrlich, yes with comment; Robert Grand, yes; Bill Hall, yes with
comment; Alexander Zauder, yes; Jason Maxey, yes with comment; Roy Spitzer, absent; Mark Lawley, yes;
Tom Holton, yes. Motion carried unanimously.
Commissioner Hall thanked Mr. Johnson for providing this baseball field to kids of Northern Colorado.
Commissioner Berryman expressed that he would like to give some more flexibility to staff regarding these
cases.
Commissioner Maxey stated that the baseball field is phenomenal and any kid would be fortunate to have
this type of facility in the area that they have access to.
Commissioner Erhlich echoed the Planning Commissioner's comments.
The Chair called a recess at 2:49 pm and reconvened the meeting at 3:00 pm.
• The Chair introduced the following case.
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