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RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT #1109 FOR AN ARCHERY RANGE AND CONCRETE AND ASPHALT STORAGE, CRUSHING, AND SCREENING FACILITY IN THE A (AGRICULTURAL) ZONE DISTRICT -CITY OF GREELEY, C/O JOE LOHNES 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 24th day of April, 1996, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of the City of Greeley, do Joe Lohnes, 1000 10th Street, Greeley, Colorado 80631, for a Site Specific Development Plan and Special Review Permit #1109 for an archery range and concrete and asphalt storage, crushing, and screening facility in the A (Agricultural) Zone District on the following described real estate, to-wit: Located in the SW'/ of Section 30, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, said applicant was represented by Joe Lohnes, City of Greeley, 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. This proposal is consistent with the Weld County Comprehensive Plan, as amended. This proposal, within the Agricultural Zone District, is provided for as a Use by Special Review in the Weld County Zoning Ordinance, as amended. b. This proposal is consistent with existing surrounding land uses. 960742 &1; PLj HL) c*ft 91 PL1029 J L1029 SPECIAL REVIEW PERMIT#1109 - CITY OF GREELEY, CIO LOHNES PAGE 2 c. The proposed use will be compatible with future development of the surrounding area as permitted by the existing zoning and with future development projected by the Comprehensive Plan or Master Plans of affected municipalities. d. A portion of the site lies within the Flood Hazard Overlay District. The Conditions of Approval and Development Standards address the issue. e. The applicant has demonstrated a diligent effort to conserve productive agricultural land. f. The Conditions of Approval and Development Standards will ensure adequate provision 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 the City of Greeley, c/o Joe Lohnes, for a Site Specific Development Plan and Special Review Permit #1109 for an archery range and concrete and asphalt storage, crushing, and screening facility in the A (Agricultural) Zone District on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 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 within 15 days of approval by the Board of County Commissioners. 2. 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. 3. Prior to recording the plat: a. The applicant shall submit evidence to the Department of Planning Services that an Air Pollution Emission (APEN) permit has been submitted to the Air Pollution Control Division, Colorado Department of Health and Environment, if required. b. The location of the individual sewage disposal system shall be delineated on the plat. 960742 PL1029 SPECIAL REVIEW PERMIT#1109 - CITY OF GREELEY, C/O LOHNES PAGE 3 c. The applicant shall submit evidence that the site has legal access along the Evans Town Ditch from the northeast. d. An access agreement shall be placed on the plat and signed by all necessary parties. e. The applicant shall submit to the Department of Planning Services for review and approval of a dust abatement plan for the storage, screening, and crushing site and for the access road along the Evans Town Ditch. 4. Prior to use of the site: a. An individual sewage disposal system shall be installed according to the Weld County Individual Sewage Disposal Regulations. A vault system is acceptable. b. An address sign for the property shall be placed at the entry to the site and one in the parking area for the archery range. c. The berms located behind the archery range shall be raised and maintained to a height which will stop arrows that miss the target bales. d. The entire archery range shall be posted every 200 feet on the fence line that abuts adjacent properties. 5. The storage of the concrete and asphalt shall be in such a manner that protects against surface and groundwater contamination. 6. The existing access from 49th Street shall be for emergency and agricultural uses only and shall remain locked and a key provided to the fire protection district. 7. The site shall maintain compliance with the Flood Hazard Overlay District. 8. The existing vegetation on the site shall be maintained to control erosion. 9. The Site Specific Development Plan and Special Review permit shall be nontransferable. Upon transfer, sale or rental of property, the Site Specific Development Plan and Special Review permit shall be vacated. 10. Access/haul route for trucks going to and from the site shall be limited to the route running from Highway 85 onto 42nd Street and along the Evans Ditch Road to the site. 960742 PL1029 SPECIAL REVIEW PERMIT#1109 - CITY OF GREELEY, C/O LOHNES PAGE 4 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of April, A.D., 1996. BOARD OF COUNTY COMMISSIONERS �"'■�� WELD COUNTY, COLORADO/ t L E attjhOlia4th Barbara J. Kirkmeyer, Ch 'r 1861 ty Clerk to the Board '�i�� �'. ���•-- it �- eorgenaxter, Pro.Te Deputy Clerk • the Board Dale K. Hall APPR AS TO FORM: (._,/,�T�-,cam i, 2tf?.r��r. Constance L. Harbert my Attorne W. . Webster 960742 PL1029 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS CITY OF GREELEY, C/O JOE LOHNES USR#1109 1. The Site Specific Development Plan and Special Review Permit is for an archery range and concrete/asphalt storage, crushing, and screening facility in the A (Agricultural) Zone District as indicated in the application materials. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance as amended. 3. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 4. No permanent disposal of wastes shall be permitted at this site. 5. 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. Should this Standard not be met, crushing and screening shall be discontinued until a noise abatement plan is submitted and approved by the Weld County Department of Health and the plan implemented. 6. An Individual Sewage Disposal System shall be maintained on the site. 7. Fugitive dust shall be controlled on the site. 8. All materials, including but not limited to, asphalt and concrete shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 9. The site shall maintain compliance with the Flood Hazard Overlay District. 10. Operation of the crushing and screening facility shall be conducted during the daylight hours, Monday through Friday only. Crushing activity shall be limited to four consecutive weeks between the time period of October 1 and February 28. A sign indicating the intended time of crushing shall be posted at the 42nd Street entrance to the Evans Ditch Road. Operations shall be conducted in accordance with the approved dust abatement plan. 11. Weeds and any other unsightly or noxious weeds shall be cut or trimmed as necessary to preserve a reasonably neat appearance and prevent seeding on adjoining property. 12. The vegetation on the site shall be maintained to control erosion. 960742 PL1029 DEVELOPMENT STANDARDS - CITY OF GREELEY, C/O LOHNES (USR#1109) PAGE 2 13. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 14. 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. 15. 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. 16. The Site Specific Development Plan and Special Review Permit shall be nontransferable. Upon transfer, sale, or rental of property, the Site Specific Development Plan and Special Review Permit shall be vacated. 17. 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 herein and all applicable Weld County regulations. 18. The Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County regulations. Major 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 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. 19. 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. 960742 PL1029 Hello