HomeMy WebLinkAbout981824.tiff RESOLUTION
RE: ACTION OF BOARD AT PROBABLE CAUSE HEARING CONCERNING SPECIAL
REVIEW PERMIT#1181 - 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, on the 28th day of September, 1998, a Probable Cause Hearing was held
before the Board to consider setting a Show Cause Hearing to determine whether or not Darren
Weidenhamer and Kelly Walker, 7268 Osceola, Westminster, Colorado 80030, are in
compliance with certain Conditions of Approval and Development Standards contained in
Special Review Permit #1181 for a Recreational Facility (supercross motorcycle racing track) in
the A (Agricultural) Zone District, and
WHEREAS, the alleged violations were said to be occurring on property described as
part of the SWY of Section 19, Township 2 North, Range 63 West of the 6th P.M., Weld
County, Colorado, and
WHEREAS, after hearing testimony from the Planning Department, the Board finds that
pursuant to the procedure as set forth in the Weld County Administrative Manual there is
sufficient probable cause to schedule a Show Cause Hearing to consider whether or not said
Special Review Permit should be revoked for failure to comply with certain Conditions of
Approval and Development Standards, and
WHEREAS, the Board shall hear evidence and testimony from all interested parties at
said Show Cause Hearing.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that a Show Cause Hearing be scheduled to determine whether or not
Special Review Permit#1181 issued to Darren Weidenhamer and Kelly Walker, should be
revoked.
BE IT FURTHER RESOLVED by the board that the date for the Show Cause Hearing
shall be October 28, 1998, at or about 10:00 a.m., in the First Floor Hearing Room of the Weld
County Centennial Center, 915 10th Street, Greeley, Colorado.
BE IT FURTHER RESOLVED by the Board that the issue to be considered at said
Show Cause Hearing is whether or not the permit holder is in compliance with the following
Conditions of Approval and Development Standards:
1. Condition of Approval #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. Condition of Approval #2. Prior to recording the plat:
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SET SHOW CAUSE - USR#1181, DARREN WEIDENHAMER AND KELLY WALKER
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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.
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
Sheriff's Office approval to the Department of Planning Services prior to
recording the plat.
3. Condition of Approval #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.
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4, Development Standard #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.
5. Development Standard #8. Adequate toilet facilities shall be provided for patrons
of the facility.
6. Development Standard #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 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.
7. Development Standard #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.
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There shall be no evening racing on Saturday through Tuesday. The applicant
shall strictly adhere to the approved hours of operation.
8. Development Standard #20. All construction on the property shall be in
accordance with the requirements of the Weld County Building Code Ordinance.
9. Development Standard #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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 28th day of September, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, COLORADO
ATTEST: � �/'�j l S�w�,e_e S �i
Yi Constance L. Harbert^ Chair
Weld County Cle o
iea� j' l f/b 9 V W. H. Webster, Pro-Tem
Deputy Clerk Qt �. -„l/
• " t George E. Bax er
APP D AS RM:
Dale K. Hall
a � y
my Att rney �[ J /l L /%�/1A__
Barbara J. Kirkmeyer
981824
PL1250
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