HomeMy WebLinkAbout20150812.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR14-0044, FOR RECREATIONAL FACILITIES AND USES, INCLUDING
A COMMERCIAL RECREATION FACILITY (PLASTIC PROJECTILE SIMULATED
WAR GAME (AIRSOFT) FACILITY) IN THE A (AGRICULTURAL) ZONE DISTRICT -
MANUEL FAVELA, C/O JOSHUA TREVATHAN
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 1st day of
April, 2015, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Manuel Favela, do Joshua Trevathan, 4471 CR 7, Erie, CO 80516, for a Site
Specific Development Plan and Use by Special Review Permit, USR14-0044, for Recreational
Facilities and Uses, including a Commercial Recreation Facility (plastic projectile simulated war
game (airsoft) facility) in the A (Agricultural) Zone District, on the following described real estate,
being more particularly described as follows:
Tract A of Recorded Exemption, RE-183; being part
of Lot 7, Scotts Acres; being part of the NE1/4 of
Section 9, Township 1 North, Range 68 West of the
6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was present, 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.
1) Sec. 22-2-100.E (C.Goal 5) states: "Minimize the incompatibilities
that occur between commercial uses and surrounding properties.)
A number of Conditions of Approval and Development Standards
are attached to minimize incompatibilities with surrounding
properties, including a Landscape/Screening Plan, noise limits,
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limiting number of employees, and defined hours of operation.
C.Policy 5.2 states: "Support the use of visual and sound barrier
landscaping to screen open storage areas from residential uses or
public roads." The Department of Planning Services is requiring
that this property be screened from the adjacent residential
properties.
2) Section 22-2-20. G.2 (A. Policy 7.2) states: "Conversion of
agricultural land to nonurban residential, commercial and industrial
uses should be accommodated when the subject site is in an area
that can support such development, and should attempt to be
compatible with the region." There are existing commercial
uses/businesses adjacent to this site. A number of Conditions of
Approval and Development Standards are attached to minimize
incompatibilities with surrounding properties, including a
Landscape/Screening Plan, noise limits, limiting number of
employees, and defined hours of operation.
B. Section 23-2-230.B.2 -- The proposal is consistent with the intent of the
district in which the use is located. Section 23-3-40.C.8 of the Weld
County Code allows Commercial Recreational Facilities as a Use by
Special Review in the A (Agricultural) Zone District.
C. Section 23-2-230.8.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The site is located
adjacent to rural residential lots (Scott's Acres) to the north, south and
west of the site. Vacant land (cropland) is located to the east. A Use by
Special Review Permit for a gutter business (approved under USR-1613
in 2007) is located to the north of the site as well. Additionally, two (2) lots
to the west and adjacent to the site have approved USRs for: 1) a
Livestock Confinement Operation for up to 150 head and 2) for a 2nd
residence. A number of petitions have been received from participants in
the air soft business. Of these responses, two (2) were received from
property owners within Scott's Acres located approximately 550-600 and
1,000 feet, respectively, from the site. A letter of concern/objection has
been received from an adjacent property owner (their residence is
approximately 250 feet from the site) indicating concerns with noise,
traffic (cars staging on County Road 7) and hours of operation. A number
of Conditions of Approval and Development Standards are proposed
(Landscape/Screening Plan, limits on hours of operation, limits on
number of employees) to address compatibility with adjacent properties.
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
provisions or ordinances in effect, or the adopted Master Plans of affected
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municipalities. The site is located within the three (3) mile referral areas of
the Towns of Erie, Frederick and City of Dacono. No referral response
was received from the Town of Frederick or City of Dacono. The Town of
Erie in the referral comments, dated August 11, 2014, indicated that the
proposed use does not comply with their comprehensive plan. The Town
of Erie identifies the recommended land use for this location as "Rural
Residential" in their comprehensive plan. The Town of Erie
Comprehensive Plan describes "Rural Residential" as a "setting for very
large lot, low density residential housing."
There are commercial operations located adjacent to the site. A gutter
business is located to the north of the site and east of and adjacent to a
150-head livestock facility. The property is located in a rural subdivision,
but it is located on a larger lot (more than 10 acres in size) and directly
accesses onto a public road (CR 7). It does not use the internal
subdivision road for access. A number of Conditions of Approval and
Development Standards are attached to address and mitigate impacts on
surrounding properties. The Town of Erie has annexed CR 7 adjacent to
this site and an Access Permit from the Town of Erie will be required.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code if the proposal is located within the
Overlay District Areas identified by maps officially adopted by the County.
Building Permits issued on the lot will be required to adhere to the fee
structure of the County-Wide Road Impact Fee, County Facility Fee and
Drainage Impact Fee Programs.
F. Section 23-2-230.6.6 — The use is proposed to be located in the
A (Agricultural) Zone District. The applicant has demonstrated a diligent
effort has been made to conserve Prime Farmland in the locational
decision for the proposed use. The proposed facility is located on
approximately 10.53 acres delineated as "Prime," per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. The
majority of the lot is covered with existing buildings and improvements.
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 Manuel Favela, do Joshua Trevathan, for a Site
Specific Development Plan and Use by Special Review Permit, USR14-0044, for Recreational
Facilities and Uses, including a Commercial Recreation Facility (plastic projectile simulated war
game (airsoft) facility) in the A (Agricultural) Zone District, on the parcel of land described above
be, and hereby is, granted subject to the following conditions:
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1. Prior to recording the map:
A. The applicant shall address the requirements (concerns) of the Weld
County Department of Building Inspection, as stated in the referral
response dated October 6, 2014. Building and Electrical Permits will be
required, per Section 29-3-10 of the Weld County Code, for any existing
structures, including temporary structures. Handicap Accessibility will
need to be accommodated for parking and routes to areas of all activities
of recreational facility. The owner may submit a letter of intent that he will
take responsibility for providing accessibility for any handicap person
beyond the point of entry to the facility or a place of designated staff
contact. Any amusement structures will require permits through the State
of Colorado Division of Safety and Regulations. The containers used for
the games will require Building Permits. The containers that have been
altered must have a stamped engineer's letter for structure compliance.
Handicap accessible restrooms are required for men and women.
Evidence that building permits have been applied for shall be submitted,
in writing, to the Weld County Department of Planning Services.
B. The applicant shall submit a revised Dust Abatement Plan, detailing
on-site dust control measures for on-site parking and the entryway, for
review and approval, to the Environmental Health Services Division of the
Weld County Department of Public Health and Environment.
C. The applicant shall submit a Noise Control Plan, for review and approval,
to the Environmental Health Services Division of the Weld County
Department of Public Health and Environment.
D In the event the applicant intends to utilize the existing septic system at
the home for business use, the septic system shall be reviewed by a
Colorado registered Professional Engineer. In the event the system is
found to be inadequately sized or constructed, the system shall be
brought into compliance per Weld County On-Site Wastewater Treatment
System (OWTS) Regulations.
E. The applicant shall submit a revised Waste Handling Plan, for approval,
to the Environmental Health Services Division of the Weld County
Department of Public Health and Environment. The plan shall include, at
a minimum, the following:
1. A list of wastes, which are expected to be generated on-site,
should include expected volumes and types of waste generated.
2. A list of the type and volume of chemicals expected to be stored
on-site.
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3. The waste handler and facility where the waste will be disposed
(including the facility name, address, and phone number).
F. CR 7 has been annexed by the Town of Erie. The municipality has
jurisdiction over all accesses within their jurisdiction. The applicant shall
contact the municipality to verify the Access Permit for any additional
requirement that may be needed to obtain or upgrade the permit.
G. Any lighting poles and lamps shall comply with Section 23-3-360.F. which
states, in part, that, "any lighting shall be designed, located, and operated
in such a manner as to meet the following standards: sources of light
shall be shielded so that beams or rays of light will not shine directly onto
adjacent properties."
H. If signage is desired, signs shall be in compliance with Chapter 23, Article
IV, Division II and Appendices 23-C, 23-D and 23-E of the Weld County
Code.
The applicant shall submit an updated Parking Plan to the Department of
Planning Services, for review and approval. This updated Parking Plan
shall show the dimensions of the drives and the parking stalls, including
the Americans with Disability Act (ADA) parking stalls. The applicant shall
comply with Appendix 23-B of the Weld County Code and Section 208 of
the 2010 Americans with Disability Act and provide an adequate number
of parking stalls. Two (2) parking stalls are required for the residence and
twenty (20) parking stalls are required for the business. Two (2) of the
twenty-two (22) required parking stalls shall meet the requirements of
ADA. Further, the applicant shall delineate curb stops for the parking
spaces shown on the Use by Special Review map.
J. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR14-0044.
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. The applicant shall delineate the trash collection areas on the
map.
5. The applicant shall label the approved Town of Erie access(es) on
the plat with access permit number, if applicable.
6. The applicant shall show and label the drainage flow arrows,
parking and traffic circulation on the map.
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7. The applicant shall show any proposed gate setback a minimum
of 75 feet from the right-of-way.
8. The applicant shall show landscaping and screening on the map
to include evergreen trees planted along the west property
boundary for the purpose of noise abatement and trees an
dnetting along the west and south property lines.
9. The applicant shall show signage on the site, in accordance with
Chapter 23, Article IV and Appendices 23-C, 23-D and 23-E of the
Weld County Code.
10. The applicant shall show parking on the map.
11. The applicant shall show and label the water quality feature on the
map with volume and label as "WATER QUALITY FEATURE, NO-
BUILD OR STORAGE AREA."
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
an electronic version (.pdf), or one (1) paper copy, of the plat to the Weld County
Department of Planning Services for preliminary approval. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. Upon approval of the plat, the applicant shall submit a Mylar plat,
along with all other documentation required as Conditions of Approval. The Mylar
plat and additional requirements shall be submitted within one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution. The
Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder
by the Department of Planning Services. 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 map 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 CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or
ArcGIS Personal GeoDataBase (MDB)... The preferred format for Images is .tif
(Group 4). (Group 6 is not acceptable). 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 prior to the start of construction.
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6. Prior to Operation:
A. Construction of the approved access is required prior to operation.
7. 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 map
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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 1st day of April, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CO ORADO
ATTEST:d _t L , ;� f l,c.(,�.(-G ,CALL I v�-
�+�/ Barbara Kirkmey , Chair
Weld County Clerk to the Board
Mike Freeman, Pro-Tern
De.u� Clerk to t - Board i`ti j % � •
—
i�ean P. Cones y
0
APPROVED AS TO FORM: • �� /, (7
tat
'%i�:° �r ie A. Cozad County Attorney N`U Wt ,,_��i/ e
/J� Steve Moreno
Date of signature: /
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MANUEL FAVELA, C/O JOSHUA TREVATHAN
USR14-0044
1. The Site Specific Development Plan and Use by Special Review Permit, USR14-0044, is
for Recreational Facilities and Uses, including a Commercial Recreation Facility (plastic
projectile simulated war game (airsoft) facility) in the A (Agricultural) Zone District, in the
A (Agricultural) Zone District, subject to the Development Standards stated hereon.
(Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The maximum number of employees on-site at one time shall be limited to fourteen (14).
4. The hours of operation are Tuesday through Sunday 10:00 a.m. - 4:00 p.m., as stated
by the applicant(s) with the exception of one day in October where hours of operation
shall be extended to 12:00 a.m.
5. Parking, landscaping/screening, signage and lighting on the site shall be maintained.
6. 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.
7. 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.
8. 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 applicant shall operate in accordance with the approved Waste Handling
Plan, at all times.
9. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The
facility on-site parking and the entryway shall be operated in accordance with the
approved Dust Abatement Plan, at all times.
10. This facility shall adhere to the maximum permissible noise levels allowed in the
Non-specified Zone District, as delineated in Section 14-9-30 of the Weld County Code.
11. RV units shall have self-contained sewage disposal and shall dispose of sewage at an
approved off-site facility.
12. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. The use of portable toilets and bottled water is
acceptable. Records of maintenance and proper disposal shall be retained on a
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quarterly basis and available for review. Portable toilets shall be services by a cleaner
licensed in Weld County.
13. 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 (O.W.T.S.).
14. The applicant shall comply with Colorado Retail Food Establishment Rules and
Regulations governing the regulation of food service establishments.
15. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
16. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan. Neither the direct, nor reflected, light from any
light source may create a traffic hazard to operators of motor vehicles on public or
private streets. No colored lights may be used which may be confused with, or construed
as, traffic control devices.
17. Should noxious weeds exist on the property, or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
18. The historical flow patterns and runoff amounts will be maintained on the site.
19. Weld County is not responsible for the maintenance of on-site drainage related features.
20. This site is located in a State Designated, Municipal Separate Storm Sewer System
(MS4) Area which may trigger specific water quality requirements or other drainage
improvements if the lot develops further.
21. This property lies within a known Geologic Hazard Area, as defined by the Colorado
Geological Survey.
22. There shall be no parking or staging of vehicles on public roads. On-site parking shall be
utilized.
23. 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 2011 National Electrical Code and 2009 ANSI
117.1 Accessibility 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.
24. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
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25. 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.
26. 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.
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.
28. 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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