HomeMy WebLinkAbout20030860.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1413 FOR A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY
SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(COMMERCIAL RECREATIONAL FACILITY - PAINTBALL PARK) IN THE
A(AGRICULTURAL) ZONE DISTRICT -ANTHONY NAVARRO
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 April, 2003, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Anthony Navarro, 709 43rd Avenue, Greeley, Colorado 80634, for a
Site Specific Development Plan and Use by Special Review Permit#1413 for a Use by Right,
an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts
(commercial recreational facility- paintball park) in the A (Agricultural) Zone District on the
following described real estate, to-wit:
Parcels B and C of Subdivision Exemption #745;
being part of the SW1/4 of Section 14, Township 5
North, Range 65 West of the 6th P.M., Weld
County, Colorado
WHEREAS, said applicant was present 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 ordinance in effect.
Section 22-2-150 (C.Goal 2) of the Weld County Code states, "Ensure
the compatibility of commercial land uses with adjacent land uses." The
site is located adjacent to pastureland and the Platte River to the north,
U.S. Highway 34 to the south, a single family residence and farm
buildings to the east, and pasture and the U.S. Highway 34/18th Avenue
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SPECIAL REVIEW PERMIT#1413 -ANTHONY NAVARRO
PAGE 2
(Business 34) intersection to the east. There is an existing oil and gas
tank battery located on the site. The applicant is proposing that the
paintball arenas be enclosed by two 180-foot by 120-foot buildings, and
an additional 800 square-foot attached building will be used for storage.
The Conditions of Approval and Development Standards will ensure
compatibility with adjacent land uses.
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.R of the Weld County
Code provides for any Use by Right, an Accessory Use, or a Use by
Special Review in the Commercial or Industrial Zone Districts
(commercial recreational facility- paintball park) as a Use by Special
Review in the A (Agricultural) Zone District. Section 23-4-90 of the Weld
County Code allows one identification sign per principal use in the
A (Agricultural) Zone District be allowed, provided the sign does not
exceed sixteen (16) square feet in area.
c. Section 23-2-230.6.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The site is located
adjacent to pastureland and the Platte River to the north, U.S.
Highway 34 to the south, a single family residence and farm buildings to
the east, and pasture and the U.S. Highway 34/18th Avenue (Business
34) intersection to the east. The Conditions of Approval and
Development Standards will ensure that this use is compatible with
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 site is located within the three-mile referral
area for the cities of Evans and Greeley. The City of Evans, in its referral
received January 6, 2003, indicated no conflict with its interests but
requested to have a landscaping buffer between the proposed buildings
and U.S. Highway 34. The City of Greeley, in its referral received
December 31, 2002, requested to see a landscape buffer adjacent to
U.S. Highway 34 and nearby residential properties and paved parking.
e. Section 23-2-230.B.5 -- The application complies with Section 23-5 of the
Weld County Code. The northern portion of this site is located within the
100-Year Floodplain, and a portion of this site is also in the floodway per
FIRM community panel maps 080266 0637C and 080266 0639C.
Section 23-5-250.B of the Weld County Code states, "No development
shall occur in the Floodway District with the exception of Floodproofed
Agricultural exempt buildings." The proposed buildings and parking area
will be located outside of the floodway.
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SPECIAL REVIEW PERMIT#1413 -ANTHONY NAVARRO
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f. Section 23-2-230.8.6 --The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. This site is located on property designated as "other" and
"irrigated non-prime" land according to the 1979 Soil Conservation
Service Important Farmlands of Weld County Map.
g. Section 23-2-230.B.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 Anthony Navarro for a Site Specific
Development Plan and Use by Special Review Permit#1413 fora Use by Right, an Accessory
Use, or a Use by Special Review in the Commercial or Industrial Zone Districts (commercial
recreational facility- paintball park) 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(s) shall be labeled USR-1413.
B. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) The location of the proposed identification sign.
3) Adequate parking spaces, circulation, and access for employees,
employers, and visitors to the site (to accommodate a total of 150
people) shall be indicated. A parking detail identifying parking
and circulation throughout the proposed parking area shall be
shown. A minimum of 50 parking spaces (approximately 1 space
per every 3 participants), including spaces which adhere to ADA
standards, shall be indicated. Parking shall meet the
requirements of Section 23-2-240.6 and Chapter 23, Article IV,
Division 1, of the Weld County Code. A detailed site map of the
parking area shall be indicated at a 1 inch = 20 feet scale.
4) The plat shall reflect parking setbacks from the existing oil and
gas facilities as outlined in the letter dated November 26, 2002,
from Keith M. Crouch, P.C., representative for Merit Energy
Company.
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C. The applicant shall submit a Landscape and Screening Plan for review
and approval by the Department of Planning Services. The Landscape
and Screening Plan shall address screening from the residence and
properties located to the east, screening from U.S. Highway 34, and
screening from the properties to the north.
D. The applicant shall submit a Waste Handling Plan, for approval, to the
Environmental Health Services Division of the Weld County Department
of Public Health and Environment. The plan shall include at a minimum,
the following:
1) A list of wastes which are expected to be generated on site (this
should include expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored
on site.
3) The waste handler and facility where the waste will be disposed
(including the facility name, address, and phone number).
E. The applicant shall attempt to address the requirements of the Union
Colony Fire and Rescue Authority, as stated in its referral received
January 13, 2003. Evidence of such shall be submitted in writing to the
Department of Planning Services.
F. The West Greeley Soil Conservation District has provided information
regarding the soils on the site. The applicant shall submit written
documentation that they have reviewed the information and will use it to
positively manage on-site soils.
G. The applicant shall attempt to address the requirements or concerns of
the City of Greeley, as stated in its referral received December 31, 2002.
Evidence of such shall be submitted in writing to the Department of
Planning Services.
H. The applicant shall attempt to address the recommendations of the Weld
County Sheriff's Office, as stated in the referral received December 19,
2002. Evidence of such shall be submitted in writing to the Department
of Planning Services.
The applicant shall address the requirements of the Colorado Department
of Transportation (CDOT) as stated in its referral received December 23,
2002. Evidence of such shall be submitted in writing to the Department
of Planning Services.
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SPECIAL REVIEW PERMIT#1413 -ANTHONY NAVARRO
PAGE 5
J. The applicant shall attempt to address the requirements of the City of
Evans, as stated in its referral received January 6, 2003. Evidence of
such shall be submitted in writing to the Department of Planning
Services.-
K. The applicant shall enter into a Private Improvements Agreement
According to Policy Regarding Collateral for Improvements and post
adequate collateral for transportation and non-transportation
requirements. The Improvements Agreement shall address landscaping
and screening along the northern, southern and eastern property lines,
and improvements to the access. The agreement and form of collateral
shall be reviewed by County staff and accepted by the Board of County
Commissioners prior to recording the plat.
L. The applicant shall submit three (3) paper copies of the Use by Special
Review Permit plat, for preliminary approval, to the Weld County
Department of Planning Services.
M. 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.
N. 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
mapsco.weld.co.us.
2. Prior to construction:
A. The applicant shall address the requirements of the Weld County
Department of Building Inspection, as stated in the referral received
January 15, 2003. 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, Area 3.
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3. Prior to the Certificate of Occupancy:
A. An individual sewage disposal system is required for the paintball facility
and shall be installed according to the Weld County Individual Sewage
Disposal System (I.S.D.S.) Regulations. The septic system is required to
be designed by a Colorado registered professional engineer according to
the Weld County I.S.D.S. Regulations. The installation of the septic
system shall comply with the Weld County I.S.D.S. Flood Plain Policy.
B. The applicant shall contact the Union Colony Fire/Rescue Authority for a
walk through inspection of the facility.
4. 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 23rd day of April, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
��>•�� W COUNTY, COLORADO
ATTEST: L / '�t( I't
¢' =' David E Long, Chair
Weld County Clerk tot t :. da
,o crr,
u F��. `7 / Robert D. sden, Pro- em
BY: t . G o .!.!
Deputy Clerk to the Boa . — V
M. J. eile
ED ORM: /
• William H. Jerke
County Attorn Awl /41.4
Glenn Vaad
Date of signature:
2003-0860
PL1657
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ANTHONY NAVARRO
USR#1413
1. The Site Specific Development Plan and Use by Special Review Permit#1413 is for a
Use by Right, Accessory Use, or Use by Special Review for Commercial or Industrial
Zone Districts (commercial recreational facility- paintball park) 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. The parking lot shall conform to all standards of the American
Disabilities Act (ADA).
3. Parking shall be provided for employees, employers, and visitors in compliance with
Section 23-4-10 of the Weld County Code.
4. The off-street parking spaces and the access drive shall be surfaced with gravel,
asphalt, concrete, or the equivalent and shall be graded and drained to provide an
all-weather access.
5. All materials and equipment associated with the paintball facility shall be stored indoors.
6. Trash containers shall be screened from adjacent properties and rights-of-way.
7. The access road is to be maintained with an all-weather surface capable of supporting
fire apparatus.
8. Each parking space shall be equipped with wheel guards or curb stops where needed to
prevent vehicles from extending beyond the boundaries of the parking spaces and
coming into contact with other vehicles, walls, fences, or plants.
9. There shall be no staging or parking on U.S. Highway 34. Utilize the intemal parking
areas identified on the plat.
10. Hours of operation shall be 8:00 a.m. to 9:00 p.m., Monday- Sunday (7 days a week),
as stated in the application materials.
11. There shall be no ovemight camping allowed within the permitted area.
12. The maximum number of players allowed shall be 80 during normal operations.
13. The maximum number of tournaments and special events allowed shall be eight (8) per
calender year.
14. The maximum number of players allowed during tournaments and special events shall
be 150. At no time shall the number of occupants on the property exceed 175.
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DEVELOPMENT STANDARDS -ANTHONY NAVARRO (USR#1413)
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15. The Use by Special Review Permit shall not be transferable to any successors in
interest to the prescribed property, and shall terminate automatically upon conveyance
or lease of the property to others for operation of the facility.
16. The site shall be in compliance with the approved Flood Hazard Development Permit,
FHDP#431, at all times.
17. 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.
18. 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.
19. Waste materials shall be handled, stored, and disposed in a manner that controls
fugitive dust, blowing debris, and other potential nuisance conditions.
20. Fugitive dust shall be controlled on this site.
21. 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.
22. The applicant shall utilize the existing public water supply (Central Weld County Water
District).
23. Adequate hand washing and toilet facilities shall be provided for employees and patrons
of the paintball facility.
24. Adequate portable toilet facilities and portable hand washing facilities shall be provided
during the construction of the facility, not to exceed six (6) months.
25. Additional portable toilet facilities shall be required during special events. The number of
portable toilet facilities will be dependent upon the number of participants and
spectators.
26. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the
Colorado Department of Public Health and Environment, Water Quality Control Division.
27. Any future building erected on the property must comply with all provisions of the Weld
County Code, pertaining to individual sewage disposal systems.
28. In the event the applicant intends to serve potentially hazardous foods, (ice is included
in the definition), the applicant shall comply with the Colorado Retail Food Establishment
Rules and Regulations governing the regulation of food service establishments.
29. The landscaping on the site shall be maintained in accordance with the approved
Landscape and Screening Plan.
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30. The Department of the Army, Corps of Engineers, shall be contacted by a proponent of
the project for proper Department of the Army permits or changes in permit
requirements pursuant to Section 404 of the Clean Water Act, if any work associated
with this project requires the placement of dredged or fill material, and any excavation
associated with a dredged or fill project, either temporary or permanent, in streams or
wetlands takes place at this location.
31. Sources of light shall be shielded so that beams or rays of light will not shine directly
onto adjacent properties; neither the direct nor reflected light from any light source may
create a traffic hazard to operators of motor vehicles on public or private streets; and no
colored lights may be used, which may be confused with, or construed as, traffic control
devices.
32. 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, Area 3.
33. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
34. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
35. 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.
36. The Use by Special Review area shall be limited to the plans shown hereon and
governed by the foregoing Development 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.
37. 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.
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