HomeMy WebLinkAbout20000025 RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW
PERMIT#1248 FOR A FAMILY FISHING EDUCATION CENTER IN THE
A (AGRICULTURAL)ZONE DISTRICT - EAGLE CLAW FISHING EDUCATION
CENTER
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 12th day
of January, 1999, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Eagle Claw Fishing Education Center, do Shannon Weber, Design
Concepts, 211 North Public Road, Suite 200, Lafayette, Colorado 80026, for a Site Specific
Development Plan and Special Review Permit#1248 for a Family Fishing Education Center in
the A (Agricultural) Zone District on the following described real estate, to-wit:
S1/2 of Section 3, Township 2 North, Range 68
West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by Shannon Weber, Design Concepts, at
said hearing, and
WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards
for review of said 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 24.7 of the Weld County Zoning Ordinance.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance as
follows:
a. Section 24.3.1.1 -- This proposal is consistent with the Weld County
Comprehensive Plan. A.Goal 1 states "preserve prime farmland for
agricultural purposes which foster the economic health and continuance
of agriculture." This proposal is located in an area designated as
irrigated, not prime farmground and other lands, by the U.S.D.A. Soils
Map. No prime farmground will be taken out of production for this
proposal.
Pen
,La� £t z 2000-0025
PL1374
SPECIAL REVIEW PERMIT#1248 - EAGLE CLAW FISHING EDUCATION CENTER
PAGE 2
b. Section 24.3.1.2 -- This proposal is consistent with the intent of the
A (Agricultural) Zone District. Section 31.4.3 of the Weld County Zoning
Ordinance lists Recreational Facilities as a Use by Special Review in the
Agricultural Zone District. This use is located along the proposed St.
Vrain Valley Trail Open Lands Project, and has been an active partner in
this County project. The Family Fishing Education Center will be a
recreational and educational facility, located adjacent to Barbour Ponds
State Park, in the Mixed Use Development area.
c. Section 24.3.1.3 -- The proposal is consistent with Section 24.3.1.3 of the
Weld County Zoning Ordinance, and will be compatible with future
development of the surrounding area. The surrounding area consists of
Barbour Ponds State Wildlife area, gravel mining, agricultural uses and
commercial/residential uses. The proposed Fishing Center will be
compatible with future development of the surrounding area and a nice
amenity to the Mixed Use Development area.
d. Section 24.3.1.4 -- The proposed uses will be compatible with future
development of the surrounding area as permitted by the A (Agricultural)
Zone District and with the future development as projected by the
Comprehensive Plan or Master Plan of affected municipalities. The
proposed use is located within the Mixed Use Development area. The
City of Longmont found no conflicts with its interests, as indicated in a
referral response, dated October 18, 1999.
e. Section 24.3.1.5 -- The proposal is not located within the Overlay District
areas identified by maps officially adopted by Weld County. The proposal
is located within the One-Hundred (100) Year Floodplain as indicated on
FIRM map, #080266-0850C, dated September 28, 1982. A Condition of
Approval will require a Flood Hazard Development Permit be approved
prior to the issuance of any building permits. The proposal is also located
in the Mixed Use Development Area and will have to adhere to the
standards and requirements of the Mixed Use Development Ordinance.
The proposal does not lie within the Intergovernmental Agreement area
of Frederick, Firestone and Dacono and it will not be required to adhere
to Ordinance #201.
f. Section 24.3.1.7 -- The Design Standards (Section 24.5 of the Weld
County Zoning Ordinance), Operation Standards (Section 24.6 of the
Weld County Zoning Ordinance), 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 Eagle Claw Fishing Education Center for a Site
Specific Development Plan and Special Review Permit#1248 for a Family Fishing Education
Center in the A (Agricultural) Zone District on the hereinabove described parcel of land be, and
hereby is, granted subject to the following conditions:
2000-0025
PL1374
SPECIAL REVIEW PERMIT#1248 - EAGLE CLAW FISHING EDUCATION CENTER
PAGE 3
1. The attached Development Standards for the Special Review Permit shall be
adopted and placed on the Special Review Plat prior to recording the plat. The
completed plat shall be delivered to the Department of Planning Services and be
ready for recording in the Weld County Clerk and Recorder's Office within 30
days of approval by the Board of County Commissioners.
2. Prior to recording the plat:
A. The applicant shall enter into an Improvements Agreement According to
the Policy Regarding Collateral for Improvements and post adequate
collateral for off-site improvements for the typical cross-section of the
collector portion of Weld County Road 24.5 to be extended from the
Special Review Permit entrance, to the entrance of the Barbour Ponds
State Recreation Park. The improvements shall also include on-site
improvements including paving and landscaping.
B. The applicant shall submit evidence of attempts to address the concerns
of the Division of Wildlife, as listed in the referral response dated
November 5, 1999, to the Weld County Department of Planning Services.
C. The applicant shall submit evidence of attempts to address the concerns
of the Mountain View Fire Protection District, as listed in the referral
response dated October 19, 1999.
D. The applicant shall schedule a meeting with the Weld County Long
Range Planner to discuss possible links to the St. Vrain Trail.
E. The applicant shall receive approval of a Flood Hazard Development
Permit for any new structures and any development that will increase or
decrease the base flood elevation in the flood plain, as delineated on
FIRM Panel map #080266-0850C, dated September 28, 1982.
F. The applicant shall submit a Waste Handling Plan to the Weld County
Department of Public Health and Environment, Division of Environmental
Health Services. The plan shall include at a minimum, the following:
1) A list of wastes which are expected to be generated on the site.
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).
G. 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.
2000-0025
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SPECIAL REVIEW PERMIT#1248 - EAGLE CLAW FISHING EDUCATION CENTER
PAGE 4
H. The developer shall design a driveway from the existing Barbour Ponds
entrance to this property. The driveway will require safe tapers from the
80' collector status.
I. A drawing shall be provided to the Department of Public Works, showing
the vehicle wheel tracing to verify the turning radii. A turnaround or cut-
through shall be provided at the end of the north row parking area for
egress from the parking lot. The plat shall be amended to show any
changes to the existing traffic circulation pattern, as approved by Public
Works.
J. The applicant shall meet with the Traffic Engineer for the Department of
Public Works to address Department of Public Works' concerns, as listed
in the referral response dated December 30, 1999.
K. Prior to the release of building permits:
1) Buildings and foundations shall be designed by a licensed
Colorado Engineer or Architect.
2) The design shall reflect the number of restroom facilities required
in the "1997 Uniform Building Code."
3) All facilities to and inside the building shall be handicap
accessible. A complete plan review shall be completed at the
time building permit applications are submitted.
4) Access paths to recreational areas shall be handicap accessible.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 12th day of January, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CO OLORADO
ATTEST: Id _.Z//���,'��; P/\�
E✓l arbara J. 'rkmeyer, Chair
Weld County Clerk to the :Rr
7
J. J. ile, Pro-Tem'
.. L
Deputy Clerk to the Bo.v (��n<N, -
rg . Baxter
APPROVED AS TO FORM;
Da a K. Hall
C-6unty Attorn S/ii,U/ dal
Glenn Vaa
2000-0025
PL1374
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
EAGLE CLAW FISHING EDUCATION CENTER
USR#1248
1. The Site Specific Development Plan and Special Use Permit is for a Recreational facility
for a Family Fishing Education Center 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 90 of the Weld
County Zoning Ordinance.
3. The hours of operation are from 8:00 a.m. to 6:00 p.m., seven days a week, as indicated
in the application materials.
4. The facility will consist of one main building,one maintenance building,one restroom facility
and two picnic shelters.
5. All proposed or existing structures will meet the minimum setback and offset requirements
for the A (Agricultural) Zone District.
6. All liquid and solid wastes(as defined in the Solid Wastes Disposal Sites and Facilities Act,
Section 30-20-101, C.R.S.)shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
7. No permanent disposal of wastes shall be permitted at this site.
8. Waste materials shall be handled,stored,and disposed of in a mannerthat controls fugitive
dust, blowing debris, and other potential nuisance conditions.
9. Fugitive dust shall be controlled on this site at all times.
10. The maximum permissible noise level shall not exceed the commercial limit of 60 db(A) as
measured according to Section 25-12-102, C.R.S.
11. Adequate toilet facilities shall be provided for the public and employees.
12. The restroom facility shall utilize the existing municipal sewage treatment system(St. Vrain
Sanitation).
13. The facility shall utilize the existing public water supply (Left Hand Water District).
14. The applicant shall comply with all applicable requirements of the Colorado Division of
Wildlife.
15. If applicable, a NPDES Permit shall be obtained from the Water Quality Control Division of
the Colorado Department of Public Health and Environment for any proposed discharge into
State Waterways.
2000-0025
PL1374
DEVELOPMENT STANDARDS - EAGLE CLAW FISHING EDUCATION CENTER (USR #1248)
PAGE 2
16. In the event that five or more acres are disturbed during the construction and development
of this site,the applicant shall obtain a Stormwater Discharge Permit from the Water Quality
Control Division of the Colorado Department of Public Health and Environment.
17. The parking area shall be asphalt with curb and gutter islands, as shown in the application
materials.
18. The site shall be graded to accommodate grass-lined swales and wetlands where storm
water drainage from the building, parking lot, and surrounding site will drain into the two
one-acre ponds. The vegetative swales and wetlands will cleanse and filter the water
before reaching the ponds so that pollutants will not harm the fish habitat.
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 Ordinance#169-A.
20. All construction on the property shall be in accordance with the requirements of the Weld
County Building Code Ordinance and all applicable fire codes.
21. Any proposed signage that requires building permits shall be constructed in accordance
with Section 42.2 of the Weld County Zoning Ordinance.
22. The property owner or operator shall be responsible for complying with the Design
Standards of Section 24.5 of the Weld County Zoning Ordinance.
23. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance.
24. Personnel from the Weld County Departments of Public Health and Environment and
Planning Services 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 hereon and all applicable Weld County regulations.
25. 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 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.
26. 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.
2000-0025
PL1374
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