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HomeMy WebLinkAbout20031350.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by James Rohn,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-1426 APPLICANT: Vista Ridge Development/Todd Hodges PLANNER: Monica Mika LEGAL DESCRIPTION: Part S2 Section 33, T1 N, R68W of the 6th P.M., Weld County, Colorado. REQUEST: Site Specific Development Plan and Special Review Permit for a Recreational Facility to include two soccer fields, one baseball and track field in the A(Agricultural)Zone District. LOCATION: Approximately 1/4 mile north of State Hwy 7; 3/4 mile south of CR 4; and adjacent to Sheridan Blvd., located within the Town of Erie. 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. The comprehensive plan encourages this type of facility, as the effective and efficient delivery of adequate public services is one of the primary purposes and benefits of effective land use planning(Section 22-3-10). These ball fields will be utilized by the adjoining school, and will provide a needed recreational support system in the area. b. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural) Zone District. Section 23-3-40 of the Weld County Code provides for recreational facilities 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. The surrounding area is presently being converted from agricultural uses to residential/municipal uses. Much of the surrounding area has been annexed into the Town of Erie and is proposed for a larger scale residential subdivision. The ball fields will serve the recreational needs of the Vista Ridge Academy, presently planned directly west of this site. 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 Chapter22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The Town of Erie and City and County of Broomfield both responded favorably to the proposal and any comments have been incorporated into staff comments. e. Section 23-2-220.A.5 --The application complies with Article V of the Weld County Code. The site does not lie within any Overlay Districts. The application materials do not indicate overlay or geological concerns associated with this site. 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. While the site is presently zoned agricultural, it is evident that farming practices have not been viable on this site for some time. This parcel is surrounding by municipal growth. The development of the ball fields will allow the appearance of open lands to maintain the historic opennesslof the area while providing for the needs of the area residents. 4 EXHIBIT 2003-1350 Resolution USR-1426 Vista Ridge Page 2 n g. Section 23-2-220.A.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 health, safety, and welfare of the inhabitants of the neighborhood and County. The Weld County Department of Health and Public Works have reviewed this case and recommended approval with conditions. 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. Prior to recording the plat: A. The plat shall be labeled USR-1426 (Department of Planning Services) B. The plat shall be amended to delineate the following: 1) The attached Development Standards. (Department of Planning Services) 2) A 45-foot utility/maintenance easement shall be shown on the plat at the north end of the proposal. The applicant indicated that this access will only be used for maintenance and utility purposes with no direct access associated with the school. (Department of Public Works) C. The following note shall be placed on the plat: D. The applicant shall provide a master drainage plan for evaluation and approval. E. The applicant shall submit a detailed signage plan to the Weld County Department of Planning Services. (Department of Planning Services) F. The applicant shall submit for approval a fencing/screening plan. (Department of Planning Services) G. The applicant shall submit a landscaping plan to be reviewed and approved by both Weld County and the Town of Erie. (Department of Planning Services) H. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) 2. Upon completion of Condition of Approval 1 as listed 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 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 thirty(30) 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) 3. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Recorded Exemption/Subdivision Exemption/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. (Department of Planning Services) 4. 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) SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS VISTA RIDGE DEVELOPMENT USR-1426 1. The Site Specific Development Plan and Special Use Permit is for a Recreational Facility in the A (Agricultural) Zone District, as indicated in the application materials on file and subject to the Development Standards stated hereon. (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. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and F acilities A ct, 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) 4. 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) 5. 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) 6. Fugitive dust and fugitive particulate emissions shall be controlled on this site.(Department of Public Health and Environment) 7. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment) 8. Adequate handwashing and toilet facilities shall be provided for students,teachers and visitors using the recreation fields. The restroom facilities are located at the Vista Ridge Academy on the adjacent lot to the west of this recreational field. The restroom facilities shall be available for students, teachers and visitors at all times when the fields are in use. The public water supply and municipal sewage treatment system serving the area will be utilized. (Department of Public Health and Environment) 9. There will be no direct access to Sheridan Boulevard. (Department of Public Works) 10. Sheridan Boulevard and CR 5 are associated with the designated haul route to the landfills located directly north of the facility. Be advised that there is heavy truck traffic in the area. (Department of Public Works) 11. The landscaping on site shall be maintained in accordance with the approved landscape plan. (Department of Planning Services) 12. The property owner shall allow any mineral owner the right of ingress or egress for the purposes of exploration development, completion, recompletion, re-entry, production and maintenance operations associated with existing or future operations located on these lands. (Department of Planning Services) 13. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 14. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. Resolution USR-1426 Vista Ridge Page 2 15. Personnel from the 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. 16. 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. 17. 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. Motion seconded by Stephen Mokray VOTE: For Passage Against Passage Absent Fred Walker Michael Miller John Folsom John Hutson Bryant Gimlin Stephen Mokray Bruce Fitzgerald James Rohn Bernard Ruesgen 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,Voneen Macklin, 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 May 20, 2003. Dated the 20'" of May, 2003. Voneen Macklin Secretary Hello