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HomeMy WebLinkAbout20041325.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW PERMIT#1031 FOR A RECREATIONAL FACILITY(SHOOTING RANGE) IN THE A (AGRICULTURAL) ZONE DISTRICT - GREEN MILL SPORTSMANS CLUB 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 26th day of May, 2004, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Green Mill Sportsmans Club, P.O. Box 29158,Thornton,Colorado 80229,for a Site Specific Development Plan and Amended Use by Special Review Permit#1031 for a Recreational Facility(shooting range)in the A(Agricultural)Zone District on the following described real estate, to-wit: N1/2 SW 1/4 of Section 20,Township 1 North, Range 68 West of the 6th P.M., Weld County, Colorado WHEREAS, said applicant was represented by J.R. Titus, 2660 Roosevelt Avenue, Thornton, Colorado 80229, 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 23-2-230.6.7 -- 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. NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Green Mill Sportsmans Club for a Site Specific Development Plan and Amended Use by Special Review Permit#1031 for a Recreational Facility (shooting range)in the A(Agricultural)Zone District on the parcel of land described above be,and hereby is, granted subject to the following conditions: 2004-1325 PL0982 PC+ : 72, Pa //t CL?) te, o673-o y AMENDED USE BY SPECIAL REVIEW PERMIT#1031 - GREEN MILL SPORTSMANS CLUB PAGE 2 1. Prior to recording the plat: A. The plat shall be labeled AMUSR-1031. B. The applicant shall provide evidence that an adequate water supply shall be provided for drinking and sanitary purposes. C. The applicant shall submit a lead management program. It is recommended that the applicant follow suggestions as outlined in the U.S. Environmental Protection Agency reference manual Best Management Practices for Lead at Outdoor Shooting Ranges (www.epa.gov/region2/waste/leadshot). D. Submit a Dust Abatement Plan to the Environmental Health Services Division of the Weld County Department of Public Health and Environment, for approval prior to operation. E. The applicant shall indicate on the plat drawing the type of right-of-way/easement and include whether it is dedicated,private,or deeded to provide adequate access to the parcel. F. The plat shall be amended to include any on-site signage in accordance with Section 23-4-90 of the Weld County Code. G. The plat shall be amended to include all requirements of Section 23-2-260.D of the Weld County Code. H. The plat shall be amended to delineate the attached Development Standards. Required improvements shall be completed or the applicant shall enter into an Improvements Agreement According to Policy Regarding Collateral for Improvements and post adequate collateral for site improvements (water extensions, fire hydrant, plant materials, fencing, screening, signage, etcetera). The agreement and form of collateral shall be reviewed by County staff and accepted by the Board of County Commissioners prior to recording the Use by Special Review plat. J. The applicant shall attempt to address the requirements and concerns of the Mountain View Fire Protection District, as stated in the referral response dated March 21,2003. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. K. The applicant shall attempt to address the requirements and concerns of the Town of Erie, as stated in the referral response dated April 21, 2003. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. 2004-1325 PL0982 AMENDED USE BY SPECIAL REVIEW PERMIT#1031 - GREEN MILL SPORTSMANS CLUB PAGE 3 L. The plat shall be amended to include the trees and shrubs along the west property line as indicated in application materials. M. The plat shall be amended to include any locations reserved for future oil and gas production. N. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. 2. Prior to construction: A. The applicant shall comply with all Department of Building Inspection requirements as listed in the referral dated March 24, 2003. B. The classroom/training building shall obtain a Geologic Hazard Development Permit. 3. Upon completion of Condition of Approval#1 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 thirty(30)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 the surveyor provide a digital copy of this Amended 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@co.weld.co.us. 5. The Amended Use by Special Review activity, except those permitted by Use by Special Review Permit#1031, shall not occur, nor shall any Building or Electrical Permits be issued, until the Amended Use by Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 2004-1325 PL0982 AMENDED USE BY SPECIAL REVIEW PERMIT#1031 - GREEN MILL SPORTSMANS CLUB PAGE 4 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 26th day of May, A.D., 2004. BOARD OF COUNTY COMMISSIONERS �,//,���� WF� COUNTY, COL O DO ATTEST: Mi ��)x�t �(�\(, Robert D. Masden, Chair ty Clerk to the Board William H. rke, Pro-Tem ism ! r� � lerk to the Board _� 71 B Fr M. J. Geile ®UA b.^ AS e o - . . EXCUSED David E. Long County Attorne 1)441 (A lenn Vaad Date of signature: f 2004-1325 PL0982 SITE SPECIFIC DEVELOPMENT PLAN AMENDED USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS GREEN MILL SPORTSMANS CLUB AMUSR #1031 1. The Site Specific Development Plan and Amended Use by Special Review Permit#1031 is for a Recreational Facility(shooting range)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. Dead or diseased plant materials shall be replaced with materials of similar quantity and quality at the earliest possible time. 4. 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. 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 in a manner that controls fugitive dust,fugitive particulate emissions,blowing debris,and other potential nuisance conditions. 8. 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. 9. This 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. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance with product labeling and in a manner that minimizes the release of hazardous air pollutants and volatile organic compounds. 11. Adequate hand washing and toilet facilities shall be provided for patrons of the shooting range. 12. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. 13. An adequate water supply shall be provided for drinking and sanitary purposes. 14. 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 Program. 2004-1325 PL0982 DEVELOPMENT STANDARDS - GREEN MILL SPORTSMANS CLUB (AMUSR #1031) PAGE 2 15. A Building Permit shall be obtained prior to the construction of any new structure. 16. A Plan Review is required for the classroom and storage building. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for each permit. 17. 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: 2003 International Residential Code; 2003 International Mechanical Code; 2003 International Plumbing Code; 2002 National Electric Code; and Chapter 29 of the Weld County Code. 18. Each building will require an engineered foundation based on a site-specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. 19. Building wall and opening protection and limitations shall be in accordance with the Building Code. Separation of buildings of mixed occupancy classifications shall be in accordance with Section R309.2 of the International Residential Code. Setback and offset distances shall be determined by Chapter 23 of the Weld County Code. 20. Building height shall be measured in accordance with the 2003 International Residential Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. When measuring buildings to determine offset and setback requirements, buildings are measured to the farthest projection from the building. Property lines shall be clearly identified. All property pins shall be staked prior to the first site inspection. Approved building and foundation plans shall be on the site and available to inspectors for each inspection. 21. The historical flow patterns and run-off 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 run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. 22. 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. 23. The site lies within a geological hazard area as delineated by the Colorado Geological Survey. All construction or improvements shall comply with Overlay District requirements of Chapter 23, Article V, Division 2, of the Weld County Code. 24. Amended Use by Special Review Permit#1031 shall be reviewed every five years. 25. Hours of operation shall be from 8:00 a.m. to dusk. Night shooting shall be limited to law enforcement and allowed until 10:00 p.m. 2004-1325 PL0982 DEVELOPMENT STANDARDS - GREEN MILL SPORTSMANS CLUB (AMUSR#1031) PAGE 3 26. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 27. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 28. The property owner or operators shall be responsible for complying with the supplementary regulations for outdoor shooting ranges as listed in Section 23-4-370 of the Weld County Code. 29. Personnel from Weld County Government 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. 30. The Amended 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. 31. 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. 2004-1325 PL0982 Hello