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HomeMy WebLinkAbout981573.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Christie Nickles 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-1181 APPLICANT: Darren Weidenhamer/Kelly T. Walker ADDRESS: 7268 Osceola, Westminster, Colorado 80030 PLANNER: Scott Ballstadt REQUEST: A Site Specific Development Plan and a Special Review Permit for a Recreational Facility (supercross motorcycle racing track) in the A(Agricultural) zone district LEGAL DESCRIPTION: Part of the SW1/4 of Section 19, T2N, R63W lying northwest of Weld County Road 398 LOCATION: North of and adjacent to Weld County Road 398 and approximately'A mile west of Weld County Road 63 SIZE OF PARCEL: 40.269 acres 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 24.4.2 of the Weld County Zoning Ordinance, as amended, as follows: a. Section 24.4.2.1 — This proposal is consistent with the Weld County Comprehensive Plan. Agricultural Goal 1 of the Comprehensive plan stresses the preservation of prime farmland. The soils on this site have been classified as "prime if they become irrigated" by the USDA Soil Conservation Service and Colorado State University. Additionally,the site is a triangular shaped 40 acre parcel,making much of the parcel difficult to farm. Subsequently, no irrigated prime farm ground will be taken out of production with this proposal. b. Section 24.4.2.2 -- This proposal is consistent with the intent of the A (Agricultural) zone district. Section 31.4.3 of the Weld County Zoning Ordinance provides for recreational facilities and uses including race tracks and race courses as a Use by Special Review in the Agricultural zone district. c. Section 24.4.2.3-- The uses proposed will be compatible with the existing surrounding land uses. The applicants specifically chose a site for this proposal which is surrounded by vacant agricultural land and very few residences. As of April 9, 1998, the Department of Planning Services had received phone comments from two surrounding property owners; one opposed and one with no conflict. The applicants are proposing a sound barrier of trees along the west property boundary to help mitigate any potential conflicts with the existing residence which is approximately 'A mile to the west. g EXHIBIT 981573 — - RESOLUTION, USR-1181 Weidenhamer/Walker Page 2 d. Section 24.4.2.4 -- The uses proposed 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 Town of Keenesburg has had the opportunity to review the application materials and indicated that they have no conflicts in a referral response dated March 13, 1998. e. Section 24.4.2.5--The proposal is not located within the Overlay District Areas identified by maps officially adopted by Weld County. f. Section 24.4.2.6-- The applicant has demonstrated a diligent effort to conserve productive agricultural land. The soils on this site have been classified as "prime if they become irrigated"by the USDA Soil Conservation Service and Colorado State University. Additionally, the site is a triangular shaped 40 acre parcel, making much of the parcel difficult to farm. g. Section 24.42.7—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: 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 15 days of approval by the Board of County Commissioners. (Dept. of Planning Services) 2. Prior to recording the plat: A. The plat shall be amended to delineate the following: 1) Signage located at the entrance to the facility that indicates that no alcoholic beverages are allowed. There shall be additional language on the sign that informs anyone entering the property that, should they be found with alcohol or under the influence of alcohol,they will be removed immediately from the premises. (Dept. of Planning Services) 2) The bathroom structures, to be located near the snack bar and stands, shall be delineated on the plat. (Dept. of Planning Services) 3) One access point to the facility and a 15-foot perimeter utility easement around the entire site. (Public Works Dept.) 4) All attached development standards shall be delineated on the plat. (Dept. of Planning Services) 981.597 RESOLUTION, USR-1181 Weidenhamer/Walker Page 3 B. A dust abatement plan shall be submitted to the Weld County Health Department for approval. The facility shall have sufficient equipment available to implement the dust control as required by the Weld County Health Department. (Health Dept) C. The applicant shall submit a landscaping plan to the Department of Planning Services for review and approval. The landscaping plan shall indicate location and species of all plant materials, planting implementation schedule and landscape maintenance plan. The plat shall be amended to include the approved landscaping plan. (Dept. of Planning Services) D. The applicant shall submit to the Department of Planning Services for review and approval a buffering/noise mitigation plan. Any approved elements of the plan shall be delineated on the plat. (Dept of Planning Services) E. The applicant shall submit a drainage plan to the Weld County Public Works Department for approval. The plan shall identify how the run-off water will be handled at the facility, include calculations and a detention or retention facility and shall indicate the size of culvert required at the entrance to the facility. The applicant shall submit evidence of approval by the Public Works Department to the Department of Planning Services. (Public Works Dept.) 3. 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) Motion seconded by Stephan Mokray. VOTE: For Passage Against Passage Glenn Vaad Bruce Fitzgerald Jack Epple Marie Koolstra Arlan Marrs Christie Nickles Fred Walker Stephan Mokray The Chairman declared the resolution passed and ordered that a certified copy by forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Wendi Inloes, 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 April 21, 1998. Dated the 21st pri 1998. Wendi Inloes Secretary 98157:1 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Weidenhamer/Walker USR-1181 1. The Site Specific Development Plan and Special Use Permit is for a Recreational Facility (supercross motorcycle racing track) in the A(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. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Health Dept) 4. No permanent disposal of wastes shall be permitted at this site. (Health Dept) 5. Waste materials shall be handled,stored,and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. (Health Dept) 6. Fugitive dust shall be controlled on this site. (Health Dept) 7. 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. Mufflers and silencers shall be required on all motorcycles using the property. (Health Dept) 8. Adequate toilet facilities shall be provided for patrons of the facility. (Health Dept) 9. The facility shall provide a safe and adequate drinking water source, at all times, to patrons of the facility. In the event that an on-site well provides water for drinking, it shall meet all the necessary requirements for a"non-community"water supply as defined in the Colorado Primary Drinking Water Regulations(5CCR 1003-1). Bottled water provided by a commercial source shall be considered an adequate source. (Health Dept) 10. Two permanent individual sewage disposal systems are required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. Vault systems shall be acceptable. Both systems shall be located near the snack bar and stands. It shall provide a separate unit for both men and women. (Health Dept) A) The permanent on-site systems(described above)shall be adequate for up to 100 daily users of the facility. In the event that daily use of the facility exceeds 100 patrons, separate men and women septic systems shall be installed for every 100 daily facility users. B) The facility may supplement the on-site septic systems with port-a-potty units for temporary events where the existing systems are not sufficient to serve patrons of the facility. The on- site systems shall be adequate for up to 100 daily users of the facility. The facility shall provide one (1) port-a-potty unit for each additional 100 expected patrons for temporary events. C) If vault units are installed,they shall be maintained in a sanitary manner to prevent nuisance conditions such as odor, flies, etc. The vaults shall be pumped by a licensed septic tank cleaner. 981573 D) In the event that the facility installs a sub-surface absorption septic system or other septic system where disposal will occur on-site, those systems shall be designed by a Colorado Registered Professional Engineer and approved by the Weld County Health Department. E) The disposal of all sewage generated at the site shall comply with the Weld County Individual Sewage Disposal System Regulations. 11. The applicant shall remove, handle and stockpile overburden,soil, sand and gravel from the facility area in a manner that will prevent nuisance conditions. (Health Dept) 12. The facility shall comply with the Rules and Regulations Governing the Sanitation of Food Service Establishments in the State of Colorado. (Health Dept) 13. There shall be no staging or parking on Weld County Road 398 at the facility. All parking shall be within the facility. The parking area shall be gravel surfaced and maintained at all times. (Public Works Dept) 14. No overnight camping shall be allowed. (Dept of Planning Services) 15. No alcoholic beverages are allowed at the facility. (Dept. of Planning Services) 16. The hours of operation for motorized vehicles shall be restricted to the following (Dept. of Planning Services): A) Normal daytime hours: 9 a.m. until 6 p.m. all days Daytime users allowed: A maximum of 40 persons per day shall be allowed on site during daytime hours B) Racing hours: 6 p.m. until 10 p.m. Wednesday through Friday Racing users allowed: A maximum of 150 persons per day shall be allowed on site during racing hours There shall be no evening racing on Saturday through Tuesday. The applicant shall strictly adhere to the approved hours of operation. 17. Noxious weeds shall be controlled at all times on the site. (Dept. of Planning Services) 18. All identification signs located on the property shall adhere to Section 42.2 of the Weld County Zoning Ordinance. (Dept. of Planning Services) 19. Landscaping shall be maintained at all times. Dead or diseased plant materials shall be replaced with materials of similar quantity and quality. (Dept. of Planning Services) 20. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. (Building Inspection Dept) 21. 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) 22. 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) 981513 23. 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. (Dept. of Planning Services) 24. 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. (Dept. of Planning Services) 25. 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. (Dept. of Planning Services) 981573 Hello