HomeMy WebLinkAbout20110704.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1770 FOR A COMMERCIAL RECREATIONAL FACILITY IN THE A
(AGRICULTURAL) ZONE DISTRICT- H. GORDON JOHNSON, C/O GREG JOHNSON
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 23rd day
of March, 2011, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of H. Gordon Johnson, 3502 Rangeview Road, Greeley, Colorado
80634, for a Site Specific Development Plan and Use by Special Review Permit #1770 for a
Commercial Recreational Facility in the A (Agricultural) Zone District, on the following described
real estate, being more particularly described as follows:
Lot B of Corrected Recorded Exemption #660;
located in the SE1/4 of Section 12, Township 4
North, Range 65 West of the 6th P.M., Weld
County, Colorado, and
WHEREAS, at said hearing, the applicant was represented by Greg Johnson, 22455
County Road 49, LaSalle, Colorado 80645, 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 23-2-220 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 22-2-20.1 (A.Goal 9) states, "Reduce potential conflicts between
varying land uses in the conversion of traditional agricultural lands to
other land uses." The baseball field will have a minimal impact on
adjacent properties. The field is a seasonal use, and will not be used
after dark. The field is located in a corner of the property, approximately
one half mile to the west of County Road 49. Also, the field is not visible
from County Road 49. The majority of the property is an agricultural use
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(Big Foot Turf Farm) and no additional land will be taken out of
production.
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.8 allows for
Commercial Recreational Facilities as a Use by Special Review Permit in
the A (Agricultural) Zone District.
c. Section 23-2-230.6.3 -- The permitted uses will be compatible with the
existing surrounding land uses. An airstrip is located immediately to the
north of the site, and the baseball field is bordered by cropland to the
east, west, and south. The nearest single-family residences are located
to the north of the baseball field, with the nearest residence being located
approximately seven hundred (700) feet to the north. All of these
residences utilize a different access road onto County Road 49, rather
than a shared access with the baseball field.
d. Section 23-2-230.6.4 -- The permitted uses 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
baseball field is not located within the three (3) mile referral area of any
municipality.
e. Section 23-2-230.6.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. Effective January 1, 2003, building
permits issued on the proposed lots will be required to adhere to the fee
structure of the County-Wide Road Impact Fee Program. 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 Program.
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 site is designated as "Prime" per the United
States Department of Agriculture (U.SD.A) Soil Conservation Service
Important Farmlands of Weld County Map, dated 1979. The majority of
the 136-acre property is cropland (a turf farm) and no additional land will
be taken out of production.
g. Section 23-2-230.6.7 -- There is 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 H. Gordon Johnson, c/o Greg Johnson,
for a Site Specific Development Plan and Use by Special Review Permit #1770 for a
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Commercial Recreational Facility 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 plat shall be prepared in accordance with Section 23-2-260.D of the
Weld County Code.
B. All sheets of the plat shall be labeled USR-1770.
C. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) 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 properties and public
rights-of-way. These areas shall be designed and used in a
manner that will prevent trash from being scattered by wind or
animals.
3) County Road 46 is designated, on the Weld County Road
Classification Plan as a local gravel road, which requires sixty (60)
feet of right-of-way at full buildout. The applicant shall verify and
delineate the existing right-of-way and the documents creating the
right-of-way 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.
4) 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 buildout. A total of seventy (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.
5) 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.
6) The oil and gas setback radiuses shall be indicated on the plat as
stipulated in Section 23-3-50.E of the Weld County Code.
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7) A scoreboard, bleachers, and concession area shall be indicated
on the plat.
2. The applicant shall submit written evidence, to the Weld County Department of
Planning Services, verifying that the occupant(s) of the mobile home, permitted
under ZPMH-2188 and 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.
3. Upon completion of Conditions of Approval #1, #2, and #3 listed 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 the Weld
County 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
sixty (60) days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee.
4. In accordance with Weld County Code Ordinance #2006-7, approved
June 1, 2006, should the plat not be recorded within the required sixty (60) 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.
5. The Weld County 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.
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.
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SPECIAL REVIEW PERMIT# 1770- H. GORDON JOHNSON, CIO GREG JOHNSON
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 23rd day of March, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WE D COUNTY, CO ORADO
ATTEST: r'f �/' 4� � ,(/S sA �a�
v ' /Barbara Kirkmeyer Chair
Weld County Clerk; ":�
�U ' �► C �
Sean • IC a• - a , Pro-Tem
BY:
Deputy Clerk to there C
• F. Garci
rya A RM:
avid E. Long
County Attorney
Dougl ademache
Date of signature: '1/Z5//i
2011-0704
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
H. GORDON JOHNSON, C/O GREG JOHNSON
USR #1770
1. The Site Specific Development Plan and Use by Special Review Permit #1770 is for a
Commercial Recreational Facility in the A (Agricultural) Zone District.
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 shall be limited to dawn until dusk.
4. The property owner shall apply for, and be granted, a Temporary Assembly Permit
pursuant to the requirements of the Weld County Code in order to have more than 350
persons attend events on the property.
5. 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.
6. 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.
7. 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.
8. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
9. 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.
10. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District, as delineated in Section 14-9-30 of the Weld County Code.
11. 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.
12. The Stanford Event and Labor Services portable toilet chart shall be a guideline.
Records of maintenance and proper disposal shall be retained on a seasonal basis.
13. The applicant shall comply with Colorado Retail Food Establishment Rules and
Regulations governing the regulation of food service establishments.
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14. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
15. Effective January 1, 2003, building permits issued on the lot will be required to adhere to
the fee structure of the County-Wide Road Impact Fee Program.
16. 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
Stormwater/Drainage Impact Fee Programs.
17. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
18. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
19. 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.
20. The existing access from County Roads 49 and 46 shall be utilized.
21. There shall be no parking or staging of vehicles on County Roads 46 or 49.
22. Upon reasonable prior notice given to the property owner, 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.
23. The historical flow patterns and runoff amounts will be maintained, on the site, in such a
manner that 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.
24. 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 Weld County
Department of Planning Services.
25. The property owner or operator shall be responsible for complying with all of the
foregoing Development Standards. Non-compliance with any of the foregoing
Development Standards may be reason for revocation of the Permit by the Board of
County Commissioners.
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DEVELOPMENT STANDARDS - H. GORDON JOHNSON, CIO GREG JOHNSON (USR
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26. 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.
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