HomeMy WebLinkAbout981046.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
#1181 FOR A RECREATIONAL FACILITY (SUPERCROSS MOTORCYCLE RACING
TRACK) IN THE A (AGRICULTURAL) ZONE DISTRICT - DARREN WEIDENHAMER
AND KELLY WALKER
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 17th day
of June, 1998, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Darren Weidenhamer and Kelly Walker, 7268 Osceola, Westminster,
Colorado 80030, for a Site Specific Development Plan and Special Review Permit#1181 for a
Recreational Facility (supercross motorcycle racing track) in the A (Agricultural) Zone District on
the following described real estate, to-wit:
Part of the SW% of Section 19, Township 2 North, Range 63 West
of the 6th P.M., Weld County, Colorado
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. 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.
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SPECIAL REVIEW PERMIT#1181 - DARREN WEIDENHAMER AND KELLY WALKER
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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 A
(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
'/z mile to the west.
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 24.4.2.7--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.
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SPECIAL REVIEW PERMIT#1181 - DARREN WEIDENHAMER AND KELLY WALKER
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Darren Weidenhamer and Kelly Walker for a Site
Specific Development Plan and Special Review Permit#1181 for a Recreational Facility
(supercross motorcycle racing track) 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.
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.
2) The bathroom structures, to be located near the snack bar and
stands, shall be delineated on the plat.
3) One access point to the facility and a 15-foot perimeter utility
easement around the entire site.
4) All attached development standards shall be delineated on the
plat.
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.
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.
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.
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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.
F. The applicant shall submit a security plan to the Weld County Sheriff's
Office for review and approval. The applicant shall submit evidence of
Sheriffs Office approval to the Department of Planning Services prior to
recording the plat.
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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of June, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: Ld . ! ♦/:'...:.ems � �
Constance L. Harbert, Chair
Weld County Clergy tit 1/49
W. . W ster, ro-Tem
BY:
Deputy Clerk to i
e E. a er
APP U D ' - O ' ORM:
Dale K. Hall
County Att ey 3 / ;tom
Barbara J. Kirkmeyer/ I
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DARREN WEIDENHAMER AND KELLY 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.
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. 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 60 db(A),
as measured according to Section 25-12-102, C.R.S., as amended. Mufflers and
silencers shall be required on all motorcycles using the property.
8. Adequate toilet facilities shall be provided for patrons of the facility.
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.
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.
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
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DEVELOPMENT STANDARDS - DARREN WEIDENHAMER/KELLY WALKER (USR #1181)
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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.
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.
12. The facility shall comply with the Rules and Regulations Governing the Sanitation of
Food Service Establishments in the State of Colorado.
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.
14. No overnight camping shall be allowed.
15. No alcoholic beverages are allowed at the facility.
16. The hours of operation for motorized vehicles shall be restricted to the following:
A) Normal daytime hours: 9:00 a.m. until 6:00 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: 6:00 p.m. until 10:00 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.
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18. All identification signs located on the property shall adhere to Section 42.2 of the Weld
County Zoning Ordinance.
19. Landscaping shall be maintained at all times. Dead or diseased plant materials shall be
replaced with materials of similar quantity and quality.
20. All construction on the property shall be in accordance with the requirements of the
Weld County Building Code Ordinance.
21. Due to the increased traffic impact related to this proposal and the proximity to the
residence located at 29517 Weld County Road 398, the applicant shall be responsible
for two applications of calcium chloride or other compound as approved by the Weld
County Public Works Department on Weld county Road 398 for a distance of at least
300 feet (150 feet in each direction) from the access to said residence. One application
shall be required at the beginning of the race season and the other near the midpoint of
race season.
22. The applicant shall comply with the security plan approved by the Weld County Sheriff's
Office pursuant to Condition of Approval 2.F.
23. 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.
24. 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.
25. 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.
26. 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.
27. 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.
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