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Home My WebLink About20000026 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Christie Nicklas 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: PLANNER: Julie Chester _ CASE NUMBER: USR-1248 APPLICANT: Eagle Claw Fishing Education Center do Design Concepts ADDRESS: 211 N. Public Road, Suite 200, Lafayette, CO 80026 - +.n REQUEST: Site Specific Development Plan and Use by Special Review Permit for a Family Fishing Education Center. LEGAL DESCRIPTION: S2 of Section 3, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado. LOCATION: South of and adjacent to WCR 24.5; west of and adjacent to Hwy I-25. 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 24.7 of the Weld County Zoning Ordinance, as amended. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 24.3 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. b. Section 24.3.1.2 --This proposal is consistent with the intent of the A(Agricultural) zone district. Section 31.4.3 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 Barbor 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, as amended, and will be compatible with future development of the surrounding area. The surrounding area consists of Barbor 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. 2OOO-O026 RESOLUTION, USR-1248 Eagle Claw Fishing Education Center Page 2 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 their 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 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 MUD 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, as amended), Operation Standards (Section 24.6 of the Weld County Zoning Ordinance, as amended), 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. 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's recommendation for approval is conditional upon the following: 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 policy regarding Collateral for Improvements and post adequate collateral for offsite improvements for the typical cross-section of the collector portion of WCR 24.5 to be extended from the Special Review Permit entrance, to the entrance of the Barbor Ponds State Recreation Park. The improvements shall also include onsite improvements requirements, including paving and landscaping. (Planning Department) 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. (Dept. of Planning Services) RESOLUTION, USR-1248 Eagle Claw Fishing Education Center Page 3 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. (Dept. of Planning Services) D. The applicant shall schedule a meeting with the Long Range Planner for Weld County, to discuss possible links to the St. Vrain Trail. (Dept. of Planning) 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. (Dept. of Planning Services) F. The applicant shall submit a waste handling plan 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 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). (WCDPHE) 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. (Dept. of Planning Services) H. The plat shall be amended to delineate the following: 1) The developer shall dedicate an additional ten (10) feet of right-of-way to accommodate full build out of WCR 24.5. The plat shall delineate eighty feet (80') of total right-of-way, forty feet(40') from the centerline of the road. (Public Works) Prior to the release of building permits: 1) Buildings and foundations shall be designed by a licensed Colorado Engineer or Architect. (Building Inspection) 2) The design shall reflect the number of restroom facilities required in the "1997 Uniform Building Code". (Building Inspection) 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. (Building Inspection) 4) Access paths to recreational areas shall be handicap accessible. (Building Inspection) RESOLUTION, USR-1248 Eagle Claw Fishing Education Center Page 4 Motion seconded by Stephan Mokray. VOTE: For Passage Against Passage Fred Walker Cristie Nicklas Arlan Marrs John Folsom Bruce Fitzgerald Michael Miller Bryant Gimlin Jack Epple Stephen Mokray 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, Trisha Swanson, 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 December 7, 1999. Dated the 7th of December, 1999. C Trisha Swanson Secretary SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Eagle Claw Family Fishing Education Center USR-1248 1. The Site Specific Development Plan and Special Use Permit for a Recreational facility for a Family Fishing Education Center in the Agricultural Zone District, as indicated in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. (Dept. of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance, as amended. (Dept. of Planning Services) 3. The hours of operation are 8:00 a.m. to 6:00 p.m., seven days a week, as indicated in the application materials. (Dept. of Planning Services) 4. The facility will consist of one main building, one maintenance building, one restroom facility and two picnic shelters. (Dept. of Planning Services) 5. All proposed or existing structures will or do meet the minimum setback and offset requirements for the Agricultural zone district(Dept. of Planning Services). 6. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-101, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Health Dept.) 7. No permanent disposal of wastes shall be permitted at this site. (Health Dept.) 8. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. (Health Dept.) 9. Fugitive dust shall be controlled on this site at all times. (Health Dept.) 10. The maximum permissible noise level shall not exceed the commercial limit of 60 db(A) as measured according to 25-12-102, Colorado Revised Statutes. (Health Dept.) 11. Adequate toilet facilities shall be provided for the public and employees. (Health Dept.) 12. The restroom facility shall utilize the existing municipal sewage treatment system. (Health Dept., St. Vrain Sanitation) 13. The facility shall utilize the existing public water supply (Left Hand Water District). (Health Dept.) 14. The applicant shall comply with all applicable requirements of the Colorado Division of Wildlife. (Dept. of Planning Services) 15. If applicable, a NPDES Permit shall be obtained from the Water Quality Control Division of the Colorado Department of Public Health & Environment for any proposed discharge into State Waterways. (Health Dept.) 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 & Environment. (Health Dept.) 17. The parking area shall be asphalt with curb and gutter islands, as shown in the application materials. (Public Works) 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. (Public Works) 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 169A. (Public Works) 20. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance, as amended and all applicable fire codes. (Dept. of Planning Services) 21. Any proposed signage that require building permits, shall apply for the appropriate permits and be constructed in accordance with Section 42.2 of the Weld County Zoning Ordinance. (Dept. of Planning Services) 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, as amended. (Dept. of Planning Services) 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, as amended. (Dept. of Planning Services) 24. Personnel from the Weld County Health Department and Weld County Department of 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. (Planning Dept.) 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 Planning Commission 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. (Planning Dept.) 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. (Planning Dept.) Hello