HomeMy WebLinkAbout990935.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jack Epple that the following resolution, with changes to Condition of Approval 2B#2 and of
Development Standards #9, 10, 11, and 26, be introduced for passage by he Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
PLANNER: Sheri Lockman
CASE NUMBER: USR-1208 .r
APPLICANT: Henry Karre ` ; r—
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ADDRESS: 2240 E. 24th St., Greeley, CO 80631 m 7.) n
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REQUEST: A Site Specific Development Plan and a Special Review Permit for a Public Regreatior
Facility (Paint Ball Field) in the A(Agricultural) Zone District. "
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LEGAL DESCRIPTION: Part of Lots 1 & 2 in the NW4 SE4 and Lots 1, 2, 3 & 4 in the NE4 SE4
Union Colony Subdivision. Being Part of Section 15, Township 5 North,
Range 65 West of the 6th P.M., Weld County, Colorado
LOCATION: West of and adjacent to 18th St. (State Highway 34 Business) and north of State Highway
34
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, as amended.
2. It is the opinion of Planning Commission that the applicant has shown compliance with Section 24.3
of the Weld County Zoning Ordinance, as amended, as follows:
a. Section 24.3.1.1 --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 100-year flood plain. The USDA soil conservation map designates the
site as"other"with a small portion of"irrigated".
b. Section 24.3.1.2 --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 Agricultural zone district.
c. Section 24.3.1.3 --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 24.3.1.4 --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 their long range expected
growth area. In a referral received 12/9/1998, the City of Greeley requested this Use by
Special Review permit be reevaluated in ten years. This request is not supported by the Weld
1. EXHIBIT
990935
use /263
RESOLUTION, USR-1208
Henry Karre
Page 2
County Zoning Ordinance. Condition of Approval 2B1 and Development Standard 12 address
the City of Greeley's other concerns. The City of Evans had no conflicts with their interests.
The City of Evans concerns regarding Flood Plain and wildlife issues are addressed in
Development Standards 16, 19, 22, 23, and 24.
e. Section 24.3.1.5 —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 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. (See Development Standard
16) 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 24.3.1.6 --That if the USE is proposed to be located in the A-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 24.3.1.7--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, 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.
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 30 days of approval by the Board of County Commissioners. (Planning Dept.)
2. Prior to recording the plat:
A. The applicant shall provide evidence to the Department of Planning Services that an access
permit from C.D.O.T. was granted for access to Hwy 34 Business and evidence that the
applicant has complied with the requirements of C.D.O.T.
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. (Planning Dept.)
RESOLUTION, USR-1208
Henry Karre
Page 3
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. (Public Works and Planning Dept.)
3) East 18th Street shall be labeled as State Highway 34 Business. (Planning Dept.)
4) The road on the north side of the property shall be labeled East 24th Street.
(Planning Dept.)
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. (Planning Dept.)
Motion seconded by Cristie Nicklas.
VOTE:
For Passage Against Passage
Fred Walker
Cristie Nicklas
Stephen Mokray
Bryant Gimlin
Jack Epple
Marie Koolstra
The Chair 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, Jennifer Mehring, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution of the Planning Commission of Weld County, Colorado, adopted on
February 2, 1999.
Dated the 2nd of February, 1999.
Jennifer Mehring
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Henry Karre
USR-1208
1. The Site Specific Development Plan and Special Use Permit is for a Public Recreational Facility(Paint
Ball Field) 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. (Planning
Dept.)
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County
Zoning Ordinance, as amended. (Planning Dept.)
3. No permanent disposal of wastes shall be permitted at this site. (Health Department)
4. Fugitive dust shall be controlled on this site. (Health Dept.)
5. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination. (Health Dept.)
6. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. (Health Dept.)
7. The facility shall provide bottled drinking water to employees and patrons. (Health Dept.)
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. (Health Dept.)
9. The use shall not occur on site from November 15 to February 15 to preserve critical wildlife habitat
during the winter months. (Division of Wildlife)
10. Hours of operation from February 16 to November 14 shall be from 8 a.m. to 6 p.m. daily. (Planning
Dept.)
11. The maximum number of players allowed shall be 50. (Planning Dept.)
12. During operation a fire extinguisher shall be available on site. (Planning Dept.)
13. The privately maintained access lane shall be a graded and drained road to provide all weather
access. (Public Works)
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. (Planning
Dept.)
15. 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. (Health Dept.)
16 The site shall maintain compliance with the Flood Hazard Overlay District requirements of Section
26 and 53 of the Weld County Zoning Ordinance. (Planning Dept.)
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. (Planning Dept.)
18. The bank of the South Platte River should be roped off to prevent human access. (Planning
Department)
19. The applicant shall periodically interseed suitable grass seed to repair damage at heavy use sites in
accordance with the Division of Wildlife, the Weld County Weed Inspection Department or the US
Department of Agriculture Natural Resources Conservation Service recommendations. (Division of
Wildlife)
20. The use of cardboard for shields, barricades or flooring shall be prohibited on site. (Planning Dept.
/ Division of Wildlife)
21. Signs used on sight shall be affixed to plywood or boards prior to installation. No signs shall be
attached to trees. (Planning Dept. / Division of Wildlife)
22. No shooting at or harassing wildlife in any manner shall be allowed on site. (Division of Wildlife)
23. No feeding wildlife shall be allowed on site. (Division of Wildlife)
24. The operation shall comply with all applicable rules and regulations of the Division of Wildlife.
(Planning Dept.)
25. 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. (Planning Dept.)
26. The Division of Wildlife shall be notified to the best of their ability upon finding dead, sick or injured
wildlife. (Division of Wildlife)
27. 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.
28. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 24.EI of the Weld County Zoning Ordinance, as amended.
29. Personnel from the Weld County Health Department, Weld County Planning Department, and the
Colorado Division of Wildlife 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.
30. 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 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.
31. 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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