HomeMy WebLinkAbout971009.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW
PERMIT #1142 FOR A PUBLIC RECREATIONAL FACILITY (BICYCLING,
WALKING TRAILS, ROLLER BLADING, AND MOTORCYCLE TRACKS) IN
THE A (AGRICULTURAL) ZONE DISTRICT - LEAHY FAMILY FARM, LLC
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 21st day
of May, 1997, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Leahy Family Farm, LLC, 22437 Weld County Road 19, Milliken,
Colorado 80543, for a Site Specific Development Plan and Special Review Permit #1142 for a
public recreational facility (bicycling, walking trails, roller blading, and motorcycle tracks) in the
A (Agricultural) Zone District on the following described real estate, to -wit:
Part of the SE1/4 of Section 9, Township 4 North,
Range 67 West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by Jacqueline Johnson, Attorney, 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 24.4.2.1 -- This proposal is consistent with the Weld County
Comprehensive Plan which allows for commercial and industrial uses to
locate in the Agricultural Zone District when the impact to surrounding
properties is minimal and where adequate services and infrastructure are
available.
971009
cc, 't_,\ -\L\ Lea\v,A
PL1077
SPECIAL REVIEW PERMIT #1142 - LEAHY FAMILY FARM, LLC
PAGE 2
B. Section 24.4.2.2 -- This proposal is consistent with the intent of the
A (Agricultural) Zone District in that no prime productive farm ground is
being taken out of production.
C. Section 24.4.2.3 -- The proposal will be compatible with the existing
surrounding land uses which are the Town of Johnstown to the north,
Hillsboro Reservoir to the south, and farm production to the east and
west.
D. Section 24.4.2.4 -- The proposed use 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
Towns of Milliken and Johnstown have both reviewed this request and
have no conflict with their interests.
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 property is located on gently rolling hills. The
subject property is not productive farm ground.
G. Section 24.4.2.7 -- 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 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 Leahy Family Farm, LLC, for a Site Specific
Development Plan and Special Review Permit #1142 for a public recreational facility (bicycling,
walking trails, roller blading, and motorcycle tracks) 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 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.
971009
PL1077
SPECIAL REVIEW PERMIT #1142 - LEAHY FAMILY FARM, LLC
PAGE 3
2. Prior to recording the plat:
A. The septic system serving the home located on the property is not
currently permitted through the Weld County Health Department. This
system must obtain a permit. Prior to permitting the system, an Individual
Sewage Disposal System (I.S.D.S.) evaluation must be conducted to
determine the adequacy of the system. In the event the system is found
to be inadequate, the system must be brought into compliance with
current I.S.D.S. regulations.
B. A dust abatement plan shall be submitted to the Weld County Health
Department for review and approval prior to operation. The facility shall
have sufficient equipment available to implement the dust control as
required by the Weld County Health Department.
C. The applicant shall submit to the Weld County Public Works Department
for review and approval a drainage study identifying culverts for road
crossings and drainage patterns showing how the drainage/retention
pond will be used. A copy of the approval shall be submitted to the
Department of Planning Services.
D. The applicant shall submit to the Weld County Public Works Department
for review and approval a grading plan for the parking areas. These
areas shall be graveled and maintained at all times.
E. The applicant shall demonstrate that VI #9600279, issued on the property
for a non-commercial junk yard and motor track by Julie Chester, Zoning
Compliance Officer, Weld County Department of Planning Services, has
been closed.
F. The applicant shall submit to the Department of Planning Services for
review and approval a landscaping plan and maintenance schedule for
the facility.
3. The plat shall be amended to show the following:
A. The signage located at the entrances of the facility shall indicate that no
alcoholic beverages are allowed. There shall be additional language on
these signs 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.
971009
PL1077
SPECIAL REVIEW PERMIT #1142 - LEAHY FAMILY FARM, LLC
PAGE 4
A 48" (4 -foot) utility fence shall be placed around the perimeter of the
racing and public areas of the facility. The fence shall be shown on the
plat. Fencing around future trails or any future public areas when
developed, especially between the Hillsboro Reservoir and the hiking,
biking, walking, roller blade trail is required.
C. Parking spaces shall be delineated on the plat in the designated parking
areas.
D. The spectator viewing areas and structures shall be delineated on the
plat.
4. Two permanent individual sewage disposal systems are required for the
proposed facility and shall be installed according to the Weld County Individual
Sewage Disposal System regulations. Vault systems shall be acceptable. One
system shall be located near the proposed parking areas. It shall provide a
separate unit for both men and women. The second unit shall be located in the
extreme southwest corner of the property.
A. In the event average daily use of the facility exceeds 100 persons,
additional restroom facilities (separate men and women units) shall be
installed for every 100 average daily facility users. Vault systems shall be
acceptable.
B. The facility may supplement the on -site septic systems with port -a -potty
units for temporary special events where the existing systems are not
sufficient for users 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 persons expected for temporary
special 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.
D. In the event the facility installs a sub -surface absorption septic system or
other septic system where disposal will occur on -site, those systems
must be designed by a Colorado Registered Professional Engineer.
E. The disposal of all sewage generated at the site shall comply with the
Weld County Individual Sewage Disposal System regulations.
971009
PL1077
SPECIAL REVIEW PERMIT #1142 - LEAHY FAMILY FARM, LLC
PAGE 5
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 21st day of May, A.D., 1997.
ATTEST:
Weld County./t
BY•
Deputy Cler
W. H. Webster
BOARD OF COUNTY COMMISSIONERS
WELDOUNTY, COLORADO
/George
Baxter, Chair
K. Hall
AL,SiLJ
bara J. Kirkmeyer
EXCUSED
971009
PL1077
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LEAHY FAMILY FARM, LLC
USR #1142
1. The Site Specific Development Plan and Special Review Permit is for public recreational
facility (bicycling, walking trails, roller blading and motorcycle tracks) in the
A (Agricultural) Zone District, as indicated in the application materials on file and subject
to the Development Standards stated herein.
2. Approval of this plan may create a vested property right pursuant to Section 90 of the
Weld County Zoning Ordinance.
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. Waste materials shall be handled, stored, and disposed in a manner that controls
fugitive dust, blowing debris, and other potential nuisance conditions.
6. Fugitive dust shall be controlled on this site.
7. The maximum permissible noise level shall not exceed the commercial limit of 80 dBA,
as measured according to Section 25-12-101, et seq., Colorado Revised Statutes. This
standard shall be monitored and enforced only as the result of an adjacent property
owner complaint. Mufflers and silencers shall be required on all motorcycles using the
property.
8. Adequate toilet facilities, as identified in the Conditions of Approval, shall be provided for
patrons of the facility.
9. The facility shall provide at all times a safe and adequate drinking water source for
people of the facility. In the event the 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 Regulations (5 CCR 1003-1). Bottled water provided by
a commercial source shall be considered an adequate source.
10. The applicant shall remove, handle, and stockpile overburden, soil, sand, and gravel
from the facility area in a manner that will prevent nuisance conditions.
11. No overflow parking will be allowed on the County roads or rights -of -way adjacent to the
facility.
971009
PL1077
DEVELOPMENT STANDARDS - LEAHY FAMILY FARM, LLC (USR #1142)
PAGE 2
12. Noxious weeds shall be controlled at all times on the site.
13. All identification signs located on the property shall adhere to Section 42.2 of the Weld
County Zoning Ordinance.
14. The hours of operation for motorized vehicles shall be restricted to the following:
A. April 1 through August 31: Open noon to dusk, Wednesday through Sunday,
closed Monday and Tuesday
B. September 1 through March 31: Open noon to 5 pm, Wednesday through
Saturday and the first Sunday of the month,
closed Monday and Tuesday
C. Special Events: Hours will be consistent with the regular hours. Events will be
1 to 4 days in length.
Special events are motorcycle races in which there are more
than 100 entrants. Any race with more than 100 entrants shall
require a temporary assemblage permit meeting only the
applicable provisions of Weld County Ordinance No. 85.
People will be hired for security, medical emergencies, gates,
and maintenance. There will be no more than one special
event per month.
15. Sale of used or new bicycles, motorcycles, and accessories shall be permitted during
normal operating hours.
16. No alcoholic beverages are allowed at the facility.
17. The vault systems shall be maintained in a sanitary manner to prevent nuisance
conditions, such as odor, flies, etc. The vault systems shall be pumped by a licensed
septic tank cleaner.
18. The property owner or operator shall be responsible for complying with the Design
Standards of Section 24.5 of the Weld County Zoning Ordinance.
19. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance.
20. 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.
971009
PL1077
DEVELOPMENT STANDARDS - LEAHY FAMILY FARM, LLC (USR #1142)
PAGE 3
21. 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 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.
22. No overnight camping shall be allowed.
23. No more than 20 motorcycles shall operate on any one track at any one time, with the
exception of a special event.
971009
PL1077
Hello