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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 `/ STATE'"OF COLORADO ) COUNTY OF WELD ) 6 /� - (� (� SUBSCRIBED AND SWORN TO BEFORE ME THIS day of 0 p .A,a 19 9yr ,7..1 `� SEAL UhuL a @w�-v....�ew.cyM ipJR� i1t PUBLIC leer. WiiDc. 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 971172 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: 971172 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. 971172 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. 971172 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. 9711_72 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. 971172 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. 9/1172 Hello