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HomeMy WebLinkAbout981042.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT #1182 FOR A RECREATIONAL FACILITY (BMX BICYCLE RACING TRACK) IN THE A (AGRICULTURAL) ZONE DISTRICT - CITY OF LONGMONT, LONGMONT BMX, INC., % TOM LINDSEY 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 15th 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 the City of Longmont, Longmont BMX, Inc., c/o Tom Lindsey 350 Kimbark Street, Longmont, Colorado 80501, for a Site Specific Development Plan and Special Review Permit#1182 for a Recreational Facility (BMX bicycle racing track) in the A (Agricultural) Zone District on the following described real estate, to-wit: Part of the S% NE% of Section 6, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado WHEREAS, said applicant was present 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. The Public Facilities and Services section of the Weld County Comprehensive Plan states that, "One basic objective of Weld County is to plan and coordinate a timely, orderly and efficient arrangement of public facilities and services. In accomplishing this objective, municipalities are considered to be the principal provider of services and facilities for urban uses." The application materials indicate that the proposed public recreational facility will be open to the youth of Weld and Boulder Counties. Longmont BMX, Inc., is a non-profit /J 981042 CC: Pt; ilL ; AWL PL1251 SPECIAL REVIEW PERMIT#1182 - CITY OF LONGMONT, LONGMONT BMX, INC., % TOM LINDSEY PAGE 2 corporation which leases the land from the City of Longmont. Additionally, Agricultural Goal 1 of the Comprehensive Plan stresses the preservation of prime farmland. The BMX track occupies two acres of the 69-acre site. Although the land is considered prime farmland, the City of Longmont purchased the property for future expansion of Union Reservoir and the site is not currently being farmed. Subsequently, no land will be taken out of production with this proposal. 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 surrounding land uses include Union Reservoir to the north and rural residential and agricultural uses to the east, west and south. The outlet ditch for Union Reservoir follows the western property boundary. The proposed recreational use is consistent with existing surrounding land uses as Union Reservoir is a recreational facility as well. As of April 28, 1998, the Department of Planning Services had received letters from two surrounding property owners, both indicating concerns primarily dealing with the traffic on Weld County Road 26. The applicant has indicated that the City of Longmont will be coordinating with the Weld County Public Works Department to address improvements to Weld County Road 26 which will include dust mitigation measures. Condition of Approval #2C also addresses potential safety issues pertaining to the Union Reservoir outlet ditch. 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 City of Longmont ultimately intends the future use of the site for expansion of Union Reservoir. The proposed BMX facility is a recreational use, adjacent to Union Reservoir, and is intended to be temporary until such expansion occurs. e. Section 24.4.2.5 -- The proposal is located within the Mixed Use Development (MUD) Overlay District Areas identified by maps officially adopted by Weld County. The use is consistent with Section 31.4.3 of the Weld County Zoning Ordinance as a single user recreational facility in the A (Agricultural) Zone District on property owned by the City of Longmont. 981042 PL1251 SPECIAL REVIEW PERMIT#1182 - CITY OF LONGMONT, LONGMONT BMX, INC., % TOM LINDSEY PAGE 3 f. Section 24.4.2.6 -- The applicant has demonstrated a diligent effort to conserve productive agricultural land. The BMX track occupies two acres of the 69 acre site. Although the land is considered prime farmland, the City of Longmont purchased the property for future expansion of Union Reservoir and the site is not currently being farmed. Consequently, no land will be taken out of production with this proposal. 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of City of Longmont, Longmont BMX, Inc., %Tom Lindsey for a Site Specific Development Plan and Special Review Permit#1182 for a Recreational Facility (BMX bicycle 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 proposed concession/storage/scoring building. 3) A total of 40 feet right-of-way reservation from the centerline of Weld County Road 26 for future expansion of Weld County Road 26, 981042 PL1251 SPECIAL REVIEW PERMIT#1182 - CITY OF LONGMONT, LONGMONT BMX, INC., %TOM LINDSEY PAGE 4 4) All attached development standards. B. The applicant shall submit a Dust Abatement Plan to the Weld County Health Department and Department of Planning Services for approval. The plan shall address on-site dust control, as well as proposed mitigation of dust due to increased Weld County Road 26 traffic generated by the site. 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 plan to the Department of Planning Services for review and approval which addresses mitigation of potential safety issues pertaining to the proximity of the Union Reservoir outlet ditch to the BMX track. D. The applicant shall submit written evidence that the site will be patrolled by the rangers stationed at Union Reservoir as indicated by the applicant. 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 15th day of June, A.D., 1998. BOARD OF COUNTY COMMISSIONERS WEL COUNTY, COLORADO ATTEST: �'• �,'� Constance L. Harb rt, Chair Weld County Cler otX/ a BY; ' W. H. bster, ro-Tem !o ;�1. att..d.,ti Deputy Clerk to . Baxter AP VED AS TO �{ Dale K. all ounty Att y 1 ilLe- k 4amrkmeye4o' 981042 PL1251 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS CITY OF LONGMONT USR#1182 1. The Site Specific Development Plan and Special Use Permit is for a Recreational Facility (BMX bicycle 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 residential limit of 55 db(A), as measured according to Section 25-12-102, C.R.S., as amended. 8. Adequate toilet facilities shall be provided for the public and volunteers at the facility. 9. The facility shall utilize the existing public water supply. 10. A permanent Individual Sewage Disposal System is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. Vault systems shall be acceptable. The system shall be located near the proposed concession/storage/scoring building. It shall provide a separate unit for both men and women. A) The permanent on-site system (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. 981042 PL1251 DEVELOPMENT STANDARDS - CITY OF LONGMONT, LONGMONT BMX, INC., % TOM LINDSEY (USR #1182) PAGE 2 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 facility shall comply with the Rules and Regulations Governing the Sanitation of Food Service Establishments in the State of Colorado (6CCR 1010-2). 12. There shall be no staging or parking along Weld County Road 26 at the facility. 13. Cooking operations for concession sales are limited to food warmers and micro-wave type activity where no grease-laden vapors will be produced. 14. No overnight camping shall be allowed. 15. No alcoholic beverages are allowed at the facility. 16. With the exception of track maintenance and dust control vehicles, there shall be no operation or racing of motorized vehicles on the track. 17. The hours of operation for the BMX track shall be restricted to the following: Hours of operation: 7:00 a.m. until 7:30 p.m. all days Maximum users allowed: A maximum of 100 persons per day shall be allowed on site during daytime hours The applicant shall strictly adhere to the approved hours of operation. Due to the proposed use of Union Reservoir bathroom facilities by BMX track patrons, should Union Reservoir close at an irregular time for any reason, the BMX track shall be closed at that time as well. 18. Noxious weeds shall be controlled at all times on the site. 19. All identification signs located on the property shall adhere to Section 42.2 of the Weld County Zoning Ordinance. 981042 PL1251 DEVELOPMENT STANDARDS - CITY OF LONGMONT, LONGMONT BMX, INC., % TOM LINDSEY (USR#1182) PAGE 3 20. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 21. Due to the potential traffic impact related to this proposal, the Department of Planning Services reserves the ability to review impacts and re-evaluate the need for parking and traffic improvements, which may include a hard surfaced parking area. 22. 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. 23. 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. 24. 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. 25. 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. 26. 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. 981042 PL1251 Hello