HomeMy WebLinkAbout990902.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
#1208 FOR A PUBLIC RECREATIONAL FACILITY (PAINT BALL FIELD) IN THE A
(AGRICULTURAL) ZONE DISTRICT - HENRY AND CAROL KARRE
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 21st day
of April, 1999, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Henry and Carol Karre, 2240 East 24th Street, for a Site Specific
Development Plan and Special Review Permit#1208 for a Public Recreational Facility (paint
ball field) in the A (Agricultural) Zone District on the following described real estate, to-wit:
Part of Lots 1 and 2 in the NW1/4 SE1/4, and Lots
1, 2, 3, and 4 in the NE1/4 SE1/4 of the Union
Colony Subdivision; being part of Section 15,
Township 5 North, Range 65 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 -- That the proposal is consistent with the Weld County
Comprehensive Plan. O.Policy 1 of the Comprehensive Plan states that
park, recreation, and open space areas are encouraged in floodplain,
seep areas, and nonproductive agricultural areas. The entire site is
located in the One Hundred (100) Year Flood Plain. The USDA Soil
Conservation Map designates the site as "other" with a small portion of
"irrigated".
990902
LC !-, fL /loo PL1293/' 1293
SPECIAL REVIEW PERMIT#1208 - HENRY AND CAROL KARRE
PAGE 2
b. Section 24.4.2.2 -- That the proposal is consistent with the intent of the
district in which the use is located. Section 31.4.3 of the Weld County
Zoning Ordinance allows for recreational facilities as a Use by Special
Review in the A (Agricultural) Zone District.
c. Section 24.4.2.3 -- That the uses which would be permitted will be
compatible with the existing surrounding land uses. Surrounding property
uses include Agriculture and limited residential. The remote location
lends itself to a use such as this.
d. Section 24.4.2.4 -- -That the uses which would be permitted will be
compatible with future development of the surrounding area as permitted
by the existing zoning and with the future development as projected by
the Comprehensive Plan or Master Plans of affected municipalities. The
City of Greeley considers this area to be part of its long range expected
growth area. In a referral received December 9, 1998, the City of Greeley
requested this Use by Special Review permit be reevaluated in ten years.
This request is not supported by the Weld County Zoning Ordinance. The
Conditions of Approval and Development Standards address the City of
Greeley's other concerns. The City of Evans had no conflicts with its
interests. The City of Evans concerns regarding Flood Plain and wildlife
issues are addressed in the Development Standards.
e. Section 24.4.2.5 -- That the application complies with the Weld County
Zoning Ordinance, Section 50, Overlay District Regulations if the
proposal is located within the Overlay District Areas identified by maps
officially adopted by Weld County. The site is located in the One Hundred
(100) Year Flood Plain as designated by FEMA community panel number
080266 0637 C and the flood way as designated by FEMA Floodway
Panel 10 of 14. The site also lies within the Greeley-Weld County Airport
overlay district. In a referral received January 18, 1999, the Greeley-
Weld County Airport found no conflicts with the proposed use.
f. Section 24.4.2.6 -- That if the use is proposed to be located in the
A (Agriculture) Zone District, that the applicant has demonstrated a
diligent effort has been made to conserve prime agricultural land in the
locational decision for the proposed use. No prime agricultural land
exists on the site.
g. Section 24.4.2.7 -- That there is adequate provision for the protection of
the health, safety and welfare of the inhabitants of the neighborhood and
the County. 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
the health, safety, and welfare of the inhabitants of the neighborhood and
County.
990902
PL1293
SPECIAL REVIEW PERMIT #1208 - HENRY AND CAROL KARRE
PAGE 3
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Henry and Carol Karre for a Site Specific
Development Plan and Special Review Permit#1208 for a Public Recreational Facility (paint
ball field) 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 30
days of approval by the Board of County Commissioners.
2. Prior to recording the plat:
A. The applicant shall provide evidence to the Department of Planning
Services that an access permit from the Colorado Department of
Transportation (CDOT) was granted for access to Highway 34 Business
and evidence that the applicant has complied with the requirements of
CDOT.
B. The plat shall be amended to delineate the following:
1) An identification/address sign at the access to the parcel in
accordance with Section 42.2 of the Weld County Zoning
Ordinance. The applicant shall obtain all appropriate permits for
this sign.
2) Off-street parking to adequately accommodate employees,
players and visitors, for a total of 20 spaces. The parking area
shall be in accordance with Section 41 of the Weld County Zoning
Ordinance.
3) East 18th Street shall be labeled as State Highway 34 Business.
4) The road on the north side of the property shall be labeled as
East 24th Street.
3. The Special Review activity shall not occur on the property until the Special
Review plat is ready to be recorded in the office of the Weld County Clerk and
Recorder.
990902
PL1293
SPECIAL REVIEW PERMIT#1208 - HENRY AND CAROL KARRE
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 21st day of April, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
a7114 /
LD COUNTY CATTEST: , c&
, tale K. Hall, Chair
Weld County Clerk to the '`=.r e ,SfATt
�,� ,O:-k- CUSED DATE OF SIGNING _ (AYE)
Ipp ,� / _ ; :arbar . Kirkmeyer, P -Tem
BY: I"' I. .G .w'.�, rlii' •naL�� _
Clerk to the Boa.:CJI Nt 1 "� ,--_,--
Deputy
eorge axter
AS TO FORM: .1/
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Glenn Vaad-
990902
PL1293
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
HENRY AND CAROL KARRE
USR #1208
1. The Site Specific Development Plan and Special Use Permit #1208 is for a Public
Recreational Facility(paint ball field) in the A(Agricultural)Zone District, as indicated in the
application materials on file 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.
3. No permanent disposal of wastes shall be permitted at this site.
4. Fugitive dust shall be controlled on this site.
5. All liquid and solid wastes shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
6. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
7. The facility shall provide bottled drinking water to employees and patrons.
8. Port-A-Pottys shall be provided at all times when either patrons or employees are present
at the site. In the event a large group reserves the facility, the facility shall provide more
Port-A-Pottys according to the number of players.
9. The use shall not occur on site from November 15 to February 15 to preserve critical wildlife
habitat during the winter months.
10. Hours of operation from February 16 to November 14 shall be from 8:00 a.m. to 6:00 p.m.
daily.
11. The maximum number of players allowed shall be 50.
12. During operation a fire extinguisher shall be available on site.
13. The privately maintained access lane shall be a graded and drained road to provide all
weather access.
14. The off street parking shall be gravel surfaced or equivalent and shall be graded to prevent
drainage problems, in accordance with Section 41.1.2.3 of the Weld County Zoning
Ordinance.
15. 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.
16 The site shall maintain compliance with the Flood Hazard Overlay District requirements of
Sections 26 and 53 of the Weld County Zoning Ordinance.
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DEVELOPMENT STANDARDS - HENRY AND CAROL KARRE (USR#1208)
PAGE 2
17. "No Trespassing" signs shall be posted and maintained on the perimeter fence to clearly
identify the boundaries of the site. Players shall not cross these boundaries.
18. The bank of the South Platte River should be roped off to prevent human access.
19. The applicant shall periodically interseed suitable grass seed to repair damage at heavy
use sites in accordance with the CSU Extension Service,the Weld County Weed Inspection
Department orthe U.S. Department of Agriculture Natural Resources Conservation Service
recommendations.
20. The operation shall comply with all applicable rules and regulations of the Division of
Wildlife.
21. If any work associated with this project requires the placement of dredged or fill material,
and any excavation associated with a dredged or fill project, either temporary or permanent,
in streams or wetlands at this location, the Department of the Army, Corp or Engineers,
shall be contacted by a proponent of the project for proper Department of the Army permits
or changes in permit requirements pursuant to Section 404 of the Clean Water Act.
22. The Division of Wildlife shall be notified by the applicant to the best of their ability upon
finding dead, sick or injured wildlife.
23. The properly owner or operator shall be responsible for complying with the Design
Standards of Section 24.5 of the Weld County Zoning Ordinance.
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.
25. Personnel from the Weld County Department of Public Health and Environment and Weld
County Planning Department, 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 herein and all applicable Weld County Regulations.
26. The Special Review area shall be limited to the plans shown hereon and governed by the
foregoing slandards 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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