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HomeMy WebLinkAbout20021265.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1370 FOR A PRIVATE RECREATIONAL FACILITY (SAINT VRAIN ARCHERS AND BOWHUNTERS ASSOCIATION) IN THE A (AGRICULTURAL) ZONE DISTRICT - CITY OF LONGMONT 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 15th day of May, 2002, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of the City of Longmont, do Brad Schol, Planning Director, 350 Kimbark Street, Civic Center Complex, Longmont, Colorado 80501, for a Site Specific Development Plan and Use by Special Review Permit #1370 for a Private Recreational Facility (Saint Vrain Archers and Bowhunters Association) in the A (Agricultural) Zone District on the following described real estate, to-wit: Part of the S1/2 NE1/4 of Section 8, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado WHEREAS, said applicant was represented by Brad Schol, City of Longmont Planning Director, at said hearing, 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 recommendations 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 ordinances in effect. Section 22-5-50.A.2 (O.Policy 1) states, "encourage the location of park, recreation, and open space areas in floodplain, seep areas, geological fault areas and non-productive agricultural areas." This facility is located on the closed City of Longmont Landfill. CC 4/ /�L(1� //L( � 2002-1265 PL1600 SPECIAL REVIEW PERMIT #1370 - CITY OF LONGMONT PAGE 2 b. Section 23-2-230.6.2—The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-40.C.8 of the Weld County Code provides for a Private Recreational Facility (Saint Vrain Archers and Bowhunters Association) as a Use by Special Review in the A (Agricultural) Zone District. c. Section 23-2-230.6.3 —The uses which will be permitted will be compatible with the existing surrounding land uses. As stated previously, this site is the closed City of Longmont Landfill facility. To the north is the Vista Commercial Center; to the west is agricultural land; to the east is open space land planned for acquisition by the City of Longmont (Boulder Creek Estates); and to the south is the Saint Vrain River and the Aggregate Industries mining facility allowed under 4th Amended Use by Special Review Permit#877. The Conditions of Approval and Development Standards ensure that the proposal will be consistent with the surrounding land uses. 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. This proposal does lie within the three-mile referral area of the City of Longmont, and the Towns of Frederick and Firestone. The City of Longmont stated it supports the application. The Town of Frederick found no conflicts with its interests and the Town of Firestone did not respond. The Conditions of Approval and Development Standards will ensure protection of the health, safety and welfare of the citizens of Weld County. e. Section 23-2-230.B.5—The application complies with Section 23-5-230 of the Weld County Code. The site is located within the Mixed Use Development area and the Flood Hazard Overlay District, per FIRM Community Panel Map 080266 0850 C, dated September 28, 1982. The site is also located within the Southwest Weld Road Impact Program Area 1; therefore, effective December 1, 1999, Building Permits issued on the lot will be required to adhere to the fee structure of this 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 land is the former site of the City of Longmont Landfill and is not considered farmable. 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 ensure that there are adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. 2002-1265 PL1600 SPECIAL REVIEW PERMIT#1370 - CITY OF LONGMONT PAGE 3 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of City of Longmont for a Site Specific Development Plan and Use by Special Review Permit #1370 for a Private Recreational Facility (Saint Vrain Archers and Bowhunters Association) 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. A restroom utilizing an approved sewage disposal system is required for the proposed use. The system shall either be a community sewer system or an appropriately permitted septic system designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal System (I.S.D.S.) Regulations. Any system that would discharge to the subsurface must be appropriately located in consideration of the existing landfill areas of the property. B. The plat shall be amended to delineate the following: 1) Forty (40) parking spaces shall be delineated on the plat, per the requirements of Section 23-4-40 and Appendix 23-A of the Weld County Code. 2) Each parking space shall be equipped with wheel guards or curb stops to prevent vehicles from extending beyond the boundaries of the spaces and from coming into contact with other vehicles, the wall, fences, or plants. 3) The location of the approved sanitary sewer disposal system/ restroom facility. 4) The attached Development Standards for the Use by Special Review Permit shall be adopted and placed on the Use by Special Review Plat prior to recording. C. The applicant shall provide written evidence from the State of Colorado, Hazardous Materials and Waste Management Division, that a duplicate copy of the letter received by the Hazardous Materials and Waste Management Division on June 20, 2001, from Richard Lee, City of Longmont, addressing the concerns expressed by Cindi Etcheverry, Weld County Department of Public Health and Environment, in an electronic mailing of June 11, 2001, have been met. 2002-1265 PL1600 SPECIAL REVIEW PERMIT#1370 - CITY OF LONGMONT PAGE 4 D. The applicant shall submit an On-site (Private) Improvements Agreement that addresses all improvements associated with this development, per compliance with Section 24-9-10 of the Weld County Code. E. Upon completion of items #1.A through #1.D, the applicant shall submit a paper copy of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copy, 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 thirty (30) days from the date of the Board of County Commissioners Resolution. 2. Prior to operation: A. Proper Building Permits shall be obtained in accordance with the referral response from the Weld County Department of Building Inspection, dated January 23, 2002, prior to any construction, demolition, or excavation. Part of the permit application process includes a complete plan review. B. The applicant shall permanently post signs informing patrons/members of potential hazards associated with this site being on a reclaimed landfill. These signs should warn individuals of landfill concerns such as subsidence, hazardous trash, landfill gas, etc., that may exist on the site. The sign(s) shall disclose the names, address, and phone numbers of the responsible party. 3. 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. 2002-1265 PL1600 SPECIAL REVIEW PERMIT #1370 - CITY OF LONGMONT PAGE 5 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of May, A.D., 2002. BOARD OF COUNTY COMMISSIONERS WEL COUNTY, COL ADO ATTEST: LIM IE GI Vaad, Chair Weld County Clerk to th-�'o. = acaltpp 1861 d; Q'' di BY: / rtzi° , Da id E. g, •-Jem Deputy Clerk to the Bo1 M. J. Geile DO D AS F 1L, 7/ Will'am H. Jerke unty rney, Robert D. Masden '— Date of signature: S/7 2002-1265 PL1600 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS CITY OF LONGMONT USR #1370 1. The Site Specific Development Plan and Use by Special Review Permit is for a Private Recreational Facility (Saint Vrain Archers and Bowhunters Association) 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. The off-street parking spaces at the parking lot, including the access drive shall be surfaced with gravel, asphalt, concrete, or the equivalent, and shall be graded to prevent drainage problems. 4. 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. 5. 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. 6. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 7. Fugitive dust shall be controlled on this site. 8. The applicant shall permanently post signs informing patrons/members of potential hazards associated with this site being on a reclaimed landfill. 9. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone District as delineated in Section 25-12-103, C.R.S. 10. The applicant shall provide additional adequate portable toilet facilities during occasional archery competitions. 11. The applicant shall provide an adequate water supply for drinking and sanitary purposes. 12. Adequate handwashing and toilet facilities shall be provided for employees and the public. 13. Any structure(s) built on the landfill shall be constructed so that the structure(s) is compatible with conditions that are inherent to closed landfills. These conditions include, but are not limited to, subsidence, landfill gas, etc. 14. Hours of operation are daylight hours only. 2002-1265 PL1600 DEVELOPMENT STANDARDS - CITY OF LONGMONT (USR #1370) PAGE 2 15. Proper Building Permits shall be obtained in accordance with the referral response from the Weld County Department of Building Inspection, dated September 5, 2001, prior to any construction, demolition, or excavation. Part of the permit application process includes a complete plan review. 16. Effective December 1, 1999, Building Permits issued on the lot will be required to adhere to the fee structure of the Southwest Weld Road Impact Program Area 1. 17. Mature trees on the site shall be undisturbed to the greatest extent possible. 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. Personnel from the Weld County Departments of Public Health and Environment, Planning Services, and Public Works 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 Development Standards stated herein and all applicable Weld County regulations. 21. 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. 22. 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. 2002-1265 PL1600 Hello