HomeMy WebLinkAbout20172125.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR17-0012, FOR RECREATIONAL FACILITIES AND USES INCLUDING
PUBLIC OR COMMERCIAL CAMPING (150 SEASONAL CAMPING SITES) IN IN THE
A (AGRICULTURAL) ZONE DISTRICT - FARMERS RESERVOIR AND IRRIGATION
COMPANY, C/O HAVEN SPORTING CLUB
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 19th day of
July, 2017, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Farmers Reservoir and Irrigation Company, 80 S. 27th Avenue, Brighton,
Colorado 80601, c/o Haven Sporting Club, P.O. Box 208, Kersey, CO 80644, for a Site Specific
Development Plan and Use by Special Review Permit, USR17-0012, for Recreational Facilities
and Uses including public or commercial camping (150 seasonal camping sites) in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Being part of Sections 4, 9, 10, 11, 14, 15, 22 and
23, all in Township 3 North, Range 65 West of the
6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was not present and the Board deemed it
appropriate to continue the matter to August 30, 2017, at 10:00 a.m., to allow all five (5) County
Commissioners to be present, and
WHEREAS, on August 30, 2017, at said hearing, the applicant was present and
represented by Scott Edgar with FRICO, and Derek Sowell with Haven Sporting Club, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by 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 recommendation 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 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
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1) Section 22-2-20.1.5 (A. Policy 9.5) states: "Applications fora change
of land use in the agricultural areas should be reviewed in
accordance with all potential impacts to surrounding properties and
referral agencies." Referral comments and conditions and impacts
to surrounding properties are addressed through the attached
Conditions of Approval and Development Standards.
2) Section 22-5-30.A (W.Goal 1) states: "New development should be
located and designed to conserve critical ecosystem components,
including wetlands, significant wildlife habitats and migration
corridors. Significant wildlife habitat is defined as a geographical
area containing existing or migrating wildlife and a combination of
the essential elements of food, water, cover and space in quantities
sufficient to support appropriate wildlife." Section 22-5-30.A.2
(W.Policy 1.2) states: "Conflicts with fish and wildlife habitats and
migration routes should be considered in land development.
Developments adjacent to rivers and streams, waterfowl areas and
important or critical wildlife areas should incorporate reduced
densities, adequate setbacks and buffered areas." Conditions of
Approval and Development Standards require the applicant to
attempt to address the recommendations of Colorado Parks and
Wildlife and coordinate with them on an annual basis.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.C.7 allows Recreational
facilities and Uses including public or commercial camping (150 seasonal
camping sites) as a Use by Special Review in the A (Agricultural) Zone
District.
C. Section 23-2-230.6.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. Various letters and testimony, both
in support of and in opposition to the proposal, have been received. The
applicant has a number of regulations that members using the site must
adhere to (including restricting fires to designated fire pits, regulating speed
of boats on the lake, etc.). Several Conditions of Approval and
Development Standards are proposed to address impacts to wildlife. The
applicant has submitted a revised Access Permit limiting the number of
accesses to one (1) access point on the west side of the lake (off of County
Road 32 right-of-way) and two (2) access points on the east side of the
lake. These access points do not directly border County Road 47. A
Condition of Approval is attached requiring the applicant to provide proof
of legal access off of County Road 47 prior to recording the USR map.
D. Section 23-2-230.B.4 -- The uses which will 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
Chapter 22 of the Weld County Code and any other applicable code
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provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The proposed USR site is not located within the three (3)
mile referral area of any municipality, nor within the boundaries of an
existing Cooperative Planning Agreement area.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. A portion of the site bordering
the lake is located within the 100 -year floodplain. Any development within
the floodplain will require a flood hazard development permit. This is
delineated as a Condition of Approval of this USR. Building Permits issued
on the lot will be required to adhere to the fee structure of the County -Wide
Road Impact Fee, and the County Facility Fee and Drainage Impact Fee
Programs.
F. Section 23-2-230.6.6 -- The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The majority of the land proposed for the USR is delineated as "Other,"
according to the 1979 Soil Conservation Service Important Farmlands of
Weld County Map. Approximately 102 acres is delineated as, "Prime if
Irrigated," along the east side of Milton Reservoir and approximately
9.5 acres is delineated as "Irrigated land (Non Prime)". The areas
delineated as "Prime if Irrigated" are not currently in crop production.
G. Section 23-2-230.B.7 — The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards can ensure
that there are adequate provisions for the protection of the 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 Farmers Reservoir and Irrigation Company, do Haven
Sporting Club, for a Site Specific Development Plan and Use by Special Review Permit,
USR17-0012, for Recreational Facilities and Uses including public or commercial camping (150
seasonal camping sites) in the A (Agricultural) Zone District, on the parcel of land described above
be, and hereby is, granted subject to the following conditions:
1. Prior to recording the map:
A. Any improvements, grading, paving, new construction, etc., in the
floodplain requires a Flood Hazard Development Permit.
B. The applicant shall attempt to address the requirements of Colorado Parks
and Wildlife as stated in the referral response received April 20, 2017.
C. The applicant shall provide a Traffic Narrative including, but not limited to,
a review of the intersection at County Roads 32 and 43, stamped and
signed by an engineer. An Improvements and Road Maintenance
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Agreement is required for off -site improvements at this location. Road
maintenance including, but not limited to, dust control, damage repair,
specified haul routes and future traffic triggers for improvements will be
included.
D. The applicant shall provide evidence of legal access into the USR site.
Evidence of an access easement, agreement, court order or other
acceptable documentation providing proof of access off of County Road 47
into the USR site shall be provided for review and approval by the
Department of Planning Services.
E. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR17-0012.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) Show the floodplain and floodway (if applicable) boundaries on the
map. Label the floodplain boundaries with the FEMA Flood Zone
and FEMA Map Panel Number or appropriate study.
5) County Road 47 is a gravel road and is designated on the Weld
County Road Classification Plan as a local road which requires 60
feet of right-of-way at full buildout. The applicant shall delineate on
the site plan the existing right-of-way. All setbacks shall be
measured from the edge of right-of-way. This road is maintained by
Weld County.
6) County Road 43 is a paved road and is designated on the Weld
County Road Classification Plan as a collector road which requires
80 feet of right-of-way at full buildout. The applicant shall delineate
on the site plan the future and existing right-of-way. All setbacks
shall be measured from the edge of future right-of-way. This road
is maintained by Weld County.
7) County Road 32 is a paved road and is designated on the Weld
County Road Classification Plan as a collector road which requires
80 feet of right-of-way at full buildout. The applicant shall delineate
on the site plan the future and existing right-of-way. All setbacks
shall be measured from the edge of future right-of-way. This road
is maintained by Weld County.
8) County Road 49 is designated on the Weld County Classification
plan as an arterial road which typically requires 140 feet of
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right-of-way at full build out. Weld County is currently in the process
of widening this corridor. The alignment of the road widening project
varies along the section line for the corridor. Contact Public Works
for the location of the existing and future right-of-way and
easements and delineate these on the site plan.
9) County Road 32 Section Line is shown to have 60 feet of
unmaintained section line right-of-way per the Weld County GIS
right-of-way map. The applicant shall delineate the existing
right-of-way on the site plan. All setbacks shall be measured from
the edge of right-of-way.
10) Show and label the approved access(es) along with the approved
Access Permit number(s), and the appropriate turning radii on the
site plan.
11) Show and label the entrance gates set back a minimum of 100 feet
from the edge of the shoulder.
12) Show and label the section line Right -of -Way as "CR 32 Section
Line Right -of -Way, not County maintained".
13) The applicant shall show the drainage flow arrows.
14) Show and label the parking.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one
(1) paper copy or one (1) electronic copy (.pdf) of the map for preliminary approval
to the Weld County Department of Planning Services. Upon approval of the map,
the applicant shall submit a Mylar map along with all other documentation required
as Conditions of Approval. The Mylar map shall be recorded in the office of the
Weld County Clerk and Recorder by the Department of Planning Services. The
map shall be prepared in accordance with the requirements of Section 23-2-260.D
of the Weld County Code. The Mylar map and additional requirements shall be
submitted within one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution. The applicant shall be responsible for paying
the recording fee.
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the plat not be recorded within the required one hundred twenty (120)
days from the date of the Board of County Commissioners Resolution, a $50.00
recording continuance charge shall added for each additional three (3) month
period.
4. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable format is a projected ESRI
shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983
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UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS
0501 (US Feet)....etc.). This digital file may be sent to maps@co.weld.co.us.
5. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
6. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review plat
is ready to be recorded in the office of the Weld County Clerk and Recorder or the
applicant has been approved for an early release agreement.
7. The applicant shall develop an Emergency Action and Safety Plan with the Office
of Emergency Management and the Fire District. The plan shall be reviewed on an
annual basis by the Facility operator, the Fire District and the Weld County Office
of Emergency Management. The applicant shall submit evidence of acceptance to
the Department of Planning Services.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 30th day of August, A.D., 2017.
ATTEST: dithiti
SCI o;eA.
Weld County Clerk to the Board
BY:
eputy CI
APPRQV-ED AS TO
unty Attorney
BOARD OF COUNTY COMMISSIONERS
WELD _ C L4NTY, COLQRADO
Date of signature: (011{/2011
Ju e A. Cozad, CFiair
Steve Moreno, Pro-Tem
arbara Kirkmeyer
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
FARMERS RESERVOIR AND IRRIGATION COMPANY,
C/O HAVEN SPORTING CLUB
USR17-0012
1. The Site Specific Development Plan and Use by Special Review Permit, USR17-0012, is
for Recreational facilities and Uses including public or commercial camping (150 seasonal
camping sites) in the A (Agricultural) Zone District, subject to the Development Standards
stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. Camping will be allowed from April 1st through the first Monday after Labor Day in
September of any calendar year. At the end of the camping season, all boats, campers,
and recreational vehicles owned by members and guests of any Commercial Camping
Club shall be removed from the premises.
4. The applicant shall provide evidence to the Department of Planning Services, annually,
that they attempted to coordinate with Colorado Parks and Wildlife and shall comply with
state and federal rules and regulations concerning migratory birds.
5. The maximum number of campsites will be one hundred fifty (150) and will be limited to
members and their guests. A maximum of 1,800 people shall be allowed on the site at any
one time.
6. The property owner or operator shall provide written evidence of an approved Emergency
Action and Safety Plan on or before March 15th of any given year signed by
representatives for the Fire District and the Weld County Office of Emergency
Management to the Department of Planning Services.
7. Twelve (12) mobile/semi-permanent dwellings located on the west side of Milton
Reservoir, located approximately 1,300 feet north of County Road 32, have been
designated as a Nonconforming Use under case number, NCU12-0007. These
buildings/structures are subject to the requirements of Chapter 23, Article VII, of the Weld
County Code.
8. The recreational use of All Terrain Vehicles (ATVs) shall adhere to a speed limit of 20
MPH on internal roads and 10 MPH on designated paths.
9. Members/guests accessing the campsites will use the approved access points as shown
on the USR17-0012 map. Signage shall be posted at the entrances to the site containing
emergency contact information. No additional accesses shall be utilized.
10. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a
manner that protects against surface and groundwater contamination.
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11. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the Solid
Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.
12. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions. The facility shall operate in accordance with Chapter 14, Article I, of the Weld
County Code.
13. Fugitive dust should attempt to be confined on the property. Uses on the property should
comply with the Colorado Air Quality Commission's Air Quality Regulations.
14. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District, with the exception of the hours between 10:00 p.m. and
7:00 a.m., which shall be subject to the noise levels allowed in the Residential Zone
District, as delineated in Section 25-12-103, C.R.S.
15. Adequate drinking, handwashing and toilet facilities shall be provided for employees of the
facility, at all times. Any septic system located on the property must comply with all
provisions of the Weld County Code, pertaining to On -site Waste Water Treatment
Systems.
16. In the event the facility installs a water system and that water system serves more
25 persons on a daily basis, the water system shall comply with the Colorado Primary
Drinking Water Regulations (5 CCR 1003-1).
17. For ten (10) or less customers or visitors per day, two (2) or less full time employees on
site, or temporary use (under 6 months a year) portable toilets and bottled water are
acceptable. Records of maintenance and proper disposal for portable toilets shall be
retained on a quarterly basis and available for review by the Weld County Department of
Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in
Weld County and shall contain hand sanitizers.
18. RV units that have self-contained sewage disposal, shall dispose of sewage at an
approved off -site facility.
19. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the
applicable provisions of 40 CFR, Part 112, shall be available on -site.
20. All potentially hazardous chemicals must be handled in a safe manner in accordance with
product labeling. All chemicals must be stored secure, on an impervious surface, and in
accordance with manufacturer's recommendations.
21. Secondary containment shall be constructed around tanks to provide containment for the
largest single tank and sufficient freeboard to contain precipitation. Secondary
containment shall be sufficiently impervious to contain any spilled or released material.
Secondary containment devices shall be inspected at regular intervals and maintained in
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good condition. All secondary containment will comply with the Rule provisions of the State
Underground and Above Ground Storage Tank Regulations.
22. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
23. 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 the waters of the United States which may include streams open water lakes,
ponds or wetlands at this location, the applicant shall obtain a Department of Army, 404
Clean Water Act Permit.
24. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
25. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
26. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
27. Access will be along unmaintained County right-of-way and maintenance of the
right-of-way will not be the responsibility of Weld County.
28. The historical flow patterns and runoff amounts on the site will be maintained.
29. A Flood Hazard Development Permit is required for all construction or development
occurring in the floodplain or floodway as delineated on Federal Emergency Management
Agency (FEMA) FIRM Community Panel Map #08123C -1935E effective date January 20,
2016 (Milton Reservoir Floodplain). Any development shall comply with all applicable
Weld County requirements, Colorado Water Conservation Board requirements as
described in Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA
regulations and requirements as described in 44 CFR parts 59, 60, and 65. The FEMA
definition of development is any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, mining, dredging, filling, grading,
paving, excavation, drilling operations, or storage of equipment and materials.
30. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of
any development activities, the owner should contact Weld County to determine if the
floodplain boundaries have been modified.
31. Building permits may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2012 International Codes,
2006 International Energy Code, and 2014 National Electrical Code. A Building Permit
Application must be completed and two (2) complete sets of engineered plans bearing the
wet stamp of a Colorado registered architect or engineer must be submitted for review. A
Geotechnical Engineering Report performed by a Colorado registered engineer shall be
required or an Open Hole Inspection.
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32. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
33. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment 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 Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
34. The Use by 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 County
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.
35. 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.
36. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under Title 34 of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and persons moving into these areas
must recognize the various impacts associated with this development. Oftentimes,
mineral resource sites are fixed to their geographical and geophysical locations.
Moreover, these resources are protected property rights and mineral owners should be
afforded the opportunity to extract the mineral resource.
37. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
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