HomeMy WebLinkAbout971172.tiffINVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION
Applicant: Leahy Family Farm, LLC.
Case Number: USR-1142
Submitted or Prepared
Prior
to Hearing At Hearing
1. Planning Staff Recommendation X
2. Town of Johnstown Referral, 3-19-97 X
3. Letter from Mark and Robin Spaur, 3-31-97 X
4. Letter from Byron L. & Ruby Spaur, 3-31-97 X
5. Letter from Hilbough Extension Irrigation Ditch, 3-31-97 X
6. Letter from Dean, Tom Carol and Ester Binder, 3-31-97 X
7. Legal Notification X
8. Application X
9. Town of Milliken Referral, 2-28-97 X
10. Colorado Division of Wildlife Referral, 2-18-97 X
11. Johnstown Fire Protection District Referral, 2-11-97 X
12. Weld County Sheriffs Department Referral, 3-21-97 X
13. Weld County Health Department Referral, 3-3-97 X
14. Weld County Public Works Department Referral, 3-3-97 X
15. West Greeley Soil Conservation District Referral, 3-3-97 X
16. Johnstown Planning Commission Referral, 3-5-97 X
17. Planning Technician Maps X
18. Deed X
19. Surrounding Property Owner Notification X
20. Ann Leahy Map of Property Submittal X
I hereby certify that the 20 items identified herein were submitted to the Department of Planning Services
at or^prior to the scheduled Planning Commission hearing. I further certify that these item warn forwarded
to the Jerk to the. Bo -rd's office on April 8, 1997.
971172
Shani L. Eastin, Cilrrent Planner
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STATE'"OF COLORADO )
COUNTY OF WELD ) 6 /� - (� (�
SUBSCRIBED AND SWORN TO BEFORE ME THIS day of 0 p .A,a 19 9yr ,7..1 `�
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COLORADO
MEMORANDUM
TO: Board of County Commissioners
FROM: Shani L. Eastin, Current Planner
SUBJECT: USR-1142, Leahy Family Farm, LLC
DATE: May 21, 1997
The Department of Planning Services' request that the Board of County Commissioners
add the following Development Standards to USR-1142:
22. No overnight camping shall be allowed.
23. Any event over 100 motorcycle racers shall be required to obtain a temporary
assemblage permit under Ordinance 85.
As per the Health Department, request the change of Condition of Approval 4a as follows:
4a. In the event average daily use of the facility exceeds 100 patrons, additional
facilities (separate men and women units) shall be installed for every 100 average
daily facility users. Vault systems shall be acceptable.
Exhibif
SERVICE, TEAMWORK, INTEGRITY, QUALITY
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Page 1, USR-1142
arm
6
COLORADO
STAFF RECOMMENDATION
PLANNER: Shani L. Eastin
CASE NUMBER: USR-1142
APPLICANT: Leahy Family Farm, LLC.
ADDRESS: 22437 WCR 19
Milliken, CO 80543
USR-1142
Leahy Family Farm, LLC.
HEARING DATE: April 1, 1997
REQUEST: A Site Specific Development Plan and Special Review Permit for a public
recreational facility (bicycling, walking trails, roller blading and motorcycle tracks)
in the A (Agricultural) zone district.
LEGAL DESCRIPTION: Part of the SE'A of Section 9, T4N, R67W of the 6th P.M., Weld
County, Colorado
LOCATION: West of and adjacent to Weld County Road 19; south of and adjacent to Weld
County Road 461/2
PARCEL ID #: 1059-09-000005 ACRES: 91.6
The Department of Planning Services staff recommends that this request 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 Department of Planning Services that the applicant has shown
compliance with Sections 24.3 of the Weld County Zoning Ordinance as follows:
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Page 2, USR-1142
a. Section 24.3.1.1 -- 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.
b. Section 24.3.1.2 -- 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 24.3.1.3 -- 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 24.3.1.4 -- 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 Town of Milliken and Johnstown have both
reviewed this request and have no conflict with their interests.
e. Section 24.3.1.5 -- The proposal is not located within the Overlay District Areas
identified by maps officially adopted by Weld County.
f. Section 24.3.1.6 -- The property is located on gently rolling hills. The subject
property is not productive farm ground.
g.
Section 24.3.1.7 -- 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.
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.
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Page 3, USR-1142
The Department of Planning Services's staff 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.
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 and 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
Individual Sewage Disposal System 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,
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 Planning Department, 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 location of the signage for the facility indicating that no alcoholic
beverages are allowed at the facility.
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Page 4, USR-1142
b. A 4W (4 foot) utility fence shall be placed around the perimeter of the facility.
The fence shall be shown on the plat.
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
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. The permanent on -site systems (described above) shall be adequate for up to 100
daily users of the facility. In the event 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-poty units for
temporary events where the existing systems are not sufficient for 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 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.
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Page 5, USR-1142
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Leahy Family Farm, LLC.
USR-1142
1. The Site Specific Development Plan and Special Use 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 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 25-12-102, Colorado Revised Statutes. This standard shall be
monitored and enforced only as the result of an adjacent property owner complaint.
8. Adequate toilet facilities, as identified in the conditions of approval, 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 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.
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Page 6, USR-1142
11. No overflow parking will be allowed on the county roads or rights -of -way adjacent to the
facility.
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 shall be restricted to the following:
April through August: Open Noon to Dusk, Wednesday through
Sunday, closed Monday and Tuesday
September through March:
Open Noon to 5pm, Wednesday through
Saturday and the first Sunday of the
month, closed Monday and Tuesday
Special Events: Hours will be announced/published. Events will be 2 to 4
days in length. People will be hired for security, medical
emergencies, gates and maintenance.
15. Sales of used or new bicycles, motorcycles and accessory uses shall be limited to
special events only.
16. No alcholic 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, as amended.
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, as amended.
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 hereon and all applicable Weld County regulations.
9'712_':
Page 7, USR-1142
21. The Special Review area shall be limited to the plans shown hereon 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.
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