HomeMy WebLinkAbout971171.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Glen Vaad that the following resolution, with changes to Condition of Approval #3b (fencing), and
Development Standards #7 (noise levels), and #14 (hours of operation), be introduced for passage by the Weld
County Planning Commission. Be it resolved by the Weld County Planning Commission that the application
for:
CASE NUMBER: USR-1142
APPLICANT: Leahy Family Farm, LLC
PLANNER: Shani L. Eastin
ADDRESS: 22437 WCR 19, Milliken, Colorado 80543
REQUEST: A Site Specific Development Plan and Special Review Permit for a public recreational facility I?
(bicycling, walking trails, roller blading and motorcycle tracks) in the A (Agricultural] zone
district. .
LEGAL DESCRIPTION: Part of the SE4 of Section 9, T4N, R67W of the 6th P.M., Weld County, Colo) -ado
LOCATION: West of and adjacent to Weld County Road 19; south of and adjacent to Weld County Road
46%.
PARCEL ID #: 1059-09-000005 ACRES: 91.6
be recommended favorably to the Board of County Commissioners 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 Planning Commission that the applicant has shown compliance with Sections
24.3 of the Weld County Zoning Ordinance as follows:
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.
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RESOLUTION, USR-1142
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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.
The Planning Commission's 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:
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RESOLUTION, USR-1142
Leahy Family Farm, LLC
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a. The location of the signage for the facility indicating that no alcoholic beverages are allowed
at the facility.
b. A 48' (4 foot) utility fence shall be placed around the perimeter of the racing and public areas
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.
Motion seconded by Cristie Nicklas.
VOTE:
For Passage
Glenn Vaad
Cristie Nicklas
Jack Epple
Rusty Tucker
Against Passage
Arlan Marrs
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The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of
this case to the Board of County Commissioners for further proceedings.
CERTIFICATION OF COPY
I, Tammie Pope, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on April 1, 1997.
Dated the 1st of April, 1997.
Tammie Pope
Secretary
971.171
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.
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. Mufflers shall be required on all
motorcycles using the property.
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.
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.
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14. The hours of operation shall be restricted to the following:
a. April 1 through August 31: Open Noon to Dusk, Wednesday through Sunday, closed
Monday and Tuesday
c. Special Events:
September 1 through March 31: Open Noon to 5 pm, Wednesday through Saturday and the
first Sunday of the month, closed Monday and Tuesday
Hours will be consistent with the regular hours. Events will
be 2 to 4 days in length. People will be hired for security,
medical emergencies, gates and maintenance. No
overnight camping will be allowed Events to be limited to a
maximum of total of 100 motorcycle racers. Any event over
this will require a temporary assemblage permit under
Ordinance #85.
15. Sales of used or new bicycles, motorcycles and accessory uses shall be limited to special events only.
16. No alcoholic 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.
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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