HomeMy WebLinkAbout20112570.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
• Moved by Jason Maxey,that the following resolution 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-1786
APPLICANT: Equus Farms, Inc.
PLANNER: Tom Parko
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Golf Course,
Shooting Range, Guest Farm and Hunting Lodge,and one(1)Single-Family dwelling
Unit per lot, other than those permitted under Section 23-3-20.A of the Weld County
Code in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: All of Section 18,T4N,R61 W;Part of the N2S2/S2NE4/SE4NW4 and Part of the E2 of
Section 13, T4N, R62W of the 6th P.M., Weld County, Colorado.
LOCATION: West of and adjacent to CR 87; approximately 1/4 mile south of CR 44.5.
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 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Weld County Code, Chapter 22 of the Comprehensive Plan Sec 22-2-10.B.states"the intent
of the agricultural Goals is, "to support all forms of the agricultural industry and, at the same
time, to protect the rights of the private property owners to convert their agricultural lands to
• other appropriate land uses."
Approximately 82.63 acres have been converted from unproductive agricultural land to a
residence for the property owner and family, caretaker's residence, private golf course and
private sporting clay range. The site is located on sloped property that is unsuitable for
agricultural production. The Lodge area includes manicured lawn, trees, bushes, and water
features. The area provides a private open space for eagles, water fowl, rabbits, deer and
other wildlife.
Agricultural Policy 3.1: Encourage water rights to voluntarily remain and be put to beneficial
use in the County. Water rights associated with the land provide groundwater wells for
drinking water at the Lodge and irrigation of the grounds.
Agricultural Policy 3.3: Consider the traditional and future operational viability of water
delivery entities when land use changes are considered. The Lodge area is bounded by the
Riverside Reservoir(irrigation water storage) to the north and the South Platte River to the
south. Development of the Lodge area did not change water-delivery infrastructure in the
area.
Agricultural Policy 4.1: Minimizing safety and health hazards resulting from unsafe or
dangerous structures and noncommercial junkyards.The original ranch house and barn have
been completely remodeled.Additional buildings have been designed and constructed at the
Hemingway Lodge area to produce a harmonious collection of buildings of the National Park
rustic style.
Agricultural Policy 6.3: Encourage multi-generational, caretaker, guest and accessory
quarters. The Lodge area includes the main lodge, guest quarters including a 2-story
• addition, a locker and exercise room, caretaker residence, and barn. The buildings provide
housing for the property owner, extended family, guests, and caretaker.
2011-2570
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Resolution USR-1786
Equus Farms, Inc.
Page 2
• Agricultural Policy 7.2: Conversion of agricultural land to nonurban residential 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. The property is located on an early 1900's
working ranch. The location of the Hemingway Lodge is the location of the original ranch's
home and barn. The golf course and sporting clay range have increased the manicured
landscape area from the original ranch yard site. The land has not been fenced, is irrigated,
and supports grasses,trees and bushes.The trees, bushes and related landscaping blends
with the trees and bottom-land meadows along the South Platte River.
Agricultural Policy 8.1: Demonstrate adequate sanitary sewage and water systems are
available for the intensity of the development. Drinking water is provided from a permitted
groundwater well, Permit No. 171202A. The water system does not serve 25 or more
persons per day for more than 60 days per year, and is not a public water system.
Wastewater is collected and treated in a permitted septic tank and leach field system. A
7,425 gallons per day, 12.5 pounds BOD per day, septic system and leach field treatment
system is permitted through the Colorado Department of Public Health and Environment.The
Colorado Discharge Permit for Domestic Facilities number is COX-621050. Irrigation water is
provided from a permitted groundwater well, Permit No. 43247-F-R.
B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the Agricultural(A)
Zone District.
Sec 23-2-240 Design standards
a) Adequate water service. Drinking water is provided from a permitted groundwater well,
Permit No. 171202. The water system does not serve 25 or more persons per day for
more than 60 days per year, and is not a public water system.
• b) Adequate sewer service. Wastewater is collected and treated in a permitted septic tank
and leach field system. A 7,425 gallons per day, 12.5 pounds BOD per day, septic
system and leach field treatment system is permitted through the Colorado Department
of Public Health and Environment. The Colorado Discharge Permit for Domestic
Facilities number is COX-621050.
c) Structure construction mitigated soil conditions. Geotechnical investigations were
conducted prior to construction of the lodge, cabin, and associated buildings.
d) Adequate fire protection. The Hemingway Lodge is located in the Platte Valley Fire
Protection District. Equus Farms owns and maintains a tanker truck onsite. The staff
receives training from the Fire District on an annual basis.
e) Storm water management. The entire property, which includes the golf course and
sporting clay range are covered by manicured lawns and landscaping. Storm water
percolates into the landscaping and erosion is minimized by landscaping.
f) Parking and vehicle storage. Parking is provided at the Hemingway Lodge for residents
and guests. The site is located in a remote area of the property and is adequately
buffered from public roads. Staff vehicles are used periodically but carpooling in
encouraged. There is a 7-person ranch-owned vehicle used specifically for this purpose.
g) Agricultural zone setback and offset requirements. The lodge area is setback greater
than 20 ft from the property line and the lodge is offset greater than 12 ft from the
property line.
•
Resolution USR-1786
Equus Farms, Inc.
Page 3
• h) Access. The Hemingway Lodge is served by a gravel-surfaced ranch road that connects
with Weld County Road 87. The ranch road widens where it connects to Weld County
Road 87. The width allows vehicles to exit Weld County Road 87 when vehicles are
preparing to enter the county road.The line-of-sight at the intersection of the ranch road
and Weld County Road 87 is greater than 1,000 ft in both directions. The use of the
Hemingway Lodge does not generate regular high traffic volumes.
i) Access to public rights-of-way.The Hemingway Lodge access road is a private improved
road that connects to Weld County Road 87, to the east of the lodge area.
j) Buffering from adjacent properties. The Hemingway Lodge area is buffered from
adjacent landowners by agricultural lands owned by the same property owner. The site,
at the eastern point, is 0.27 miles from Weld County Road 87. The ranch road is 0.37
miles from Weld County Road 87 to the Hemingway Lodge entrance. In all, there is over
20,000 acres of contiguous land under the same ownership.
k) Uses by special Review in the Agricultural Zone District shall be located on the least
prime soils on the property. Approximately 82.63 acres have been converted from
unproductive agricultural land to a residence for the property owner and family,
caretaker's residence, private golf course and private sporting clay range.
Sec 23-2-250 Operation standards
A. Comply with noise standards, Sec 25-12-101. Golf participants do not produce noise.
Noise from the sporting clay range is occasional and buffered by the Hemingway Lodge
property owner's agricultural land surrounding the sporting clay range. The range
perimeter is landscaped with trees and bushes to buffer noise.
• B. Comply with air quality regulations, Colorado Air Quality Control Commission.The uses
of the Hemingway Lodge housing, golf course, and sporting clay range do not produce
air pollution.
C. Comply with water quality regulations, Colorado Water Quality Control Commission
Drinking water is provided from a permitted groundwater well, Permit No. 171202. The
water system does not serve 25 or more persons per day for more than 60 days per
year, and is not a public water system.Wastewater is collected and treated in a permitted
septic tank and leach field system. A 7,425 gallons per day, 12.5 pounds BOD per day,
septic system and leach field treatment system is permitted through the Colorado
Department of Public Health and Environment. The Colorado Discharge Permit for
Domestic Facilities number is COX-621050.
D. Comply with lighting standards. Exterior lighting is limited to minimal porch lights on the
residences and barn. Lighting does not shine directly onto adjacent properties. Exterior
lighting, direct and reflected light, does not create a traffic hazard to operators of motor
vehicles on public or private streets. No colored lights are used that may be confused
with traffic control devices.
E. Uses shall not emit heat so as to raise the temperature of the air more than 5 deg F at or
beyond the lot line. Use, including residential, golf, and sporting clay shooting, of the
Hemingway Lodge will not emit heat.
F. Property maintained to prevent weed growth. The Hemingway Lodge grounds are
manicured year-round.
•
Resolution USR-1786
Equus Farms, Inc.
Page 4
• C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses.
The Hemingway Lodge area is located in the Agricultural Zone. Residences include the lodge
and caretaker residence. Other uses include a private golf course,and a private sporting clay
range. These uses are determined to be more intense use of the land than agricultural
operations. The proposed use is allowed when permitted as Use by Special Review. The
proposed uses in the Hemingway Lodge area include adequate provision for the protection of
the health, safety and welfare of the inhabitants of the neighborhood and the county. The
lodge area is buffered by agricultural land owned by the same property owner. Proposed
uses do not produce noise or light pollution on adjoining property. Traffic to and from the
lodge site do not interfere with the agricultural uses of adjoining property.
D. Section 23-2-220.A.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
municipalities.
This property is not located in a municipal referral area or in an area with an adopted Master
Plan of an affected municipality. This property is zoned Agriculture and all the properties
surrounding this farm are zoned Agriculture. Future development of the area will
predominately remain in agricultural production and retain rural uses.
E. Section 23-2-220.A.5 -- The application complies with Article V of the Weld County Code.
The existing site is within the County Road Impact Fee Area and the Capital Expansion
Impact Fee area.
• Effective April 25, 2011, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2011-2)
Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance
2011-2)
F. Section 23-2-220.A.6 --The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
Approximately 82 acres has been removed from prime agricultural land for the use of a
hunting lodge, guest quarters, golf course and shooting range. The remaining property is in
agricultural production with a good portion leased to area farmers for crops, etc.
G. Section 23-2-220.A.7—There is adequate provisions for the protection of health, safety,and
welfare of the inhabitants of the neighborhood and County.
The owner of the property has taken adequate measures to make certain that the health,
safety and welfare of the inhabitants and those that visit is protected. The applicant has
complied with all Federal, State and Local regulations as they apply to the uses on the
property.
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 recommendation for approval is conditional upon the following:
• 1. The plat shall be amended to delineate the following:
Resolution USR-1786
Equus Farms, Inc.
Page 5
• A. All sheets of the plat shall be labeled USR-1786(Department of Planning Services)
B. The attached Development Standards. (Department of Planning Services)
C. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
2. The applicant shall submit written evidence that well permit number 171202-A has been re-
permitted to an exempt well to the Planning Services Department and the Department of Public
Health and Environment. (Department of Planning Services)
3. The applicant shall submit a waste handling plan, for approval, to the Environmental Health
Services Division of the Weld County Department of Public Health&Environment. The plan shall
include at a minimum,the address and phone number of the contracted waste handler and facility
where the waste will be disposed (including the facility name, address, and phone number).
(Department of Public Health and Environment).
4. The applicant shall submit evidence of an Underground Injection Control(UIC)Class V Injection
Well permit from the Environmental Protection Agency(EPA)for any large-capacity septic system
(a septic system with the capacity to serve 20 or more persons per day). Alternately, the
applicant can provide evidence from the EPA that they are not subject to the EPA Class V
requirements.
5. Upon completion of 1-4 above the applicant shall submit three (3) paper copies of the plat for
preliminary approval to the Weld County Department of Planning Services. Upon approval of the
paper copies the applicant shall submit a Mylar plat along with all other documentation required
as Conditions of Approval.The Mylar plat shall be recorded in the office of the Weld County Clerk
• and Recorder by Department of Planning Services' Staff. The plat shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar
plat and additional requirements shall be submitted within sixty (60) days from the date of the
Board of County Commissioners resolution. The applicant shall be responsible for paying the
recording fee. (Department of Planning Services)
6. In accordance with Weld County Code Ordinance 2006-7 approved June 1,2006,should the plat
not be recorded within the required thirty (30) days from the date the Board of County
Commissioners resolution a$50.00 recording continuance charge shall added for each additional
3 month period. (Department of Planning Services)
7. The Department of Planning Services respectively requests the surveyor provide a digital copy of
this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files
format type is.e00. The preferred format for Images is.tif(Group 4).(Group 6 is not acceptable).
This digital file may be sent to dhuerter(a)co.weld.co.us. (Department of Planning Services)
8. The Special Review activity shall not occur nor shall any building or electrical permits be issued
on the property until the Special Review plat is ready to be recorded in the office of the Weld
County Clerk and Recorder. (Department of Planning Services)
Motion seconded by Bill Hall.
•
Resolution USR-1786
Equus Farms, Inc.
Page 6
• VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Ben Hansford
Mark Lawley
Nick Berryman
Jason Maxey
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 Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, 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 September 6, 2011.
Dated the 6th of September, 2011.
i,e2aln
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
• EQUUS FARMS, INC.
USR-1786
1. A Site Specific Development Plan and a Special Review Permit for a Golf Course, Shooting Range,
Guest Farm and Hunting Lodge, and One-Single-Family Dwelling Unit per lot other than those
permitted under Section 23-2-20 in the A(Agricultural)Zone District.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The number of on-site employees as listed and described in the application is as follows: Caretaker
and family:4; Golf course staff: 10. The caretaker and his family live at Hemingway Lodge. Grounds
keeping staff varies in the number working at the Lodge, depending on the season (Department of
Planning Services)
4. The hours of operations as listed and described in the application are as follows: The majority of the
year, no one is at the Lodge after 7 p.m. other than the caretaker and his family. Golf and sporting
clay shooting occurs during daylight hours. Family and guests periodically spend nights at the Lodge.
Occasionally, the property owner hosts large gatherings at the Lodge. The occasions are sometimes
centered around dinner,with guests staying late into the evening. (Department of Planning Services)
5. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
• 6. 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, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment)
7. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris,and other potential nuisance conditions. (Department of
Public Health and Environment)
8. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
(Department of Public Health and Environment)
9. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved"dust abatement plan", at all times. (Department of Public
Health and Environment)
10. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. (Department of Public Health and Environment)
11. All pesticides, fertilizer, and other potentially hazardous chemicals must be handled in a safe manner
in accordance with product labeling and in a manner that minimizes the release of hazardous air
pollutants(HAP's)and volatile organic compounds(VOC's). All chemicals must be stored secure,on
an impervious surface, and in accordance with manufacturer's recommendations. (Department of
Public Health and Environment)
12. Any targets used shall be considered non-toxic.
•
Resolution USR-1786
Equus Farms, Inc.
Page 8
• 13. Sewage disposal for the facility shall be by septic system. Any septic system located on the property
must comply with all provisions of the Weld County Code pertaining to Individual Sewage Disposal
Systems, and the Colorado Department of Public Health & Environment Regulation 22 (Domestic
Wastewater Treatment Works). (Department of Public Health and Environment)
14. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
15. In the event the facility's water system serves more than 25 persons on a daily basis the water system
shall comply with the Colorado Primary Drinking Water Regulations(5 CCR 1003-1). Evidence shall
be provided to the Weld County Department of Public Health and Environment that the system
complies with the Regulations. (Department of Public Health and Environment).
16. Effective April 25, 2011, Building Permits issued on the proposed lots will be required to adhere to the
fee structure of the Weld County Road Impact Program. (Ordinance 2011-2)
17. Effective April 25,2011, Building Permits issued on the proposed lots,will be required to adhere to the
fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2)
18. 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. (Department of Public Works)
19. 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.
• 20. The historical flow patterns and runoff amounts will be maintained on site in such a manner that it will
reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned
ponding of storm run-off. (Department of Public Works)
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. 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.
22. 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.
23. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total market
value of agricultural products sold. The rural areas of Weld County may be open and spacious, but
they are intensively used for agriculture. Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness,wildlife, lack of city noise and congestion, and the
rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
•
Resolution USR-1786
Equus Farms, Inc.
Page 9
• Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural
activities will generate off-site impacts, including noise from tractors and equipment; slow-moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from
animal confinement, silage and manure; smoke from ditch burning;flies and mosquitoes; hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved"out of the way"of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware)with more than three thousand seven hundred(3,700)miles of state
and county roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County, and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must
leave their jobs and families to respond to emergencies. County gravel roads, no matter how often
they are bladed, will not provide the same kind of surface expected from a paved road. Snow
• removal priorities mean that roads from subdivisions to arterials may not be cleared for several days
after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal
services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches,electrical power for pumps and center
pivot operations, high speed traffic, sand bars, puncture vines,territorial farm dogs and livestock,and
open burning present real threats. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood.
S
as she approves of the corrections program; however it makes her uncomfortable to know that they may be
• observing the activity on her property.
Doug Prince,22357 CR 37, stated that he lives to the west at the intersection of County Roads 46 and 37 and
is concerned with the high speed traffic. He believes it is a safety issue.
Commissioner Hansford asked if this stretch of road is a problem with general traffic or only with the applicant.
Mr. Prince stated that it is only with the applicant's traffic.
Commissioner Holton asked if they employ from the community corrections program. Mr. Naylor replied yes
and added that they are never left unattended.
Mr. Naylor said that the applicant drives a truck that says FM Construction on it and if he leaves in the
afternoon for a personal errand he shouldn't be required to drive east to County Road 39. Therefore to say
that all commercial vehicles must travel east limits him to his personal rights and they recommend that multi-
axle vehicles not be allowed to go west due to the curves. Because of this, Mr. Naylor requested to amend
Development Standard 5 by adding "multi-axle" after"All".
Commissioner Maxey clarified that the proposal is to have only the 1 semi-tractor per day go to the east out of
all the traffic. Mr. Naylor said that was correct but that they could ask the majority of the traffic to go to the
east. The commissioners didn't wish to change the development standard.
Mr. Naylor asked to amend Development Standard 3 regarding the number of employees. He stated that
Development Standards 14 through 17 address having adequate drinking, handwashing and toilet facilities.
Development Standard 3 limits the facility's ability to grow economically and would like to amend it so that
additional employees can be added. Mr. Maxey asked if the language from the previous case could be used
which allows the current usage according to the number of employees. Ms. Light said that it could be added;
• however as it currently is stated the septic is adequate for the number of employees.
Ms. Light stated that the language states"The number of on-site employees shall be commensurate with the
number of persons which the septic system may accommodate in accordance with the requirements of the
Weld County Code, pertaining to Individual Sewage Disposal Systems (I.S.D.S) Regulations."
Ms. Light noted that adding this development standard would address the load on the septic system but would
not address other impacts such as traffic that could occur with an increase in use of the site.
Bill Hall moved to delete Development Standard 3 and add a new Development Standard with the language
provided by staff, seconded by Jason Maxey. Motion carried.
Commissioner Holton expressed concern over the burning of trash. Alexander Zauder moved to add a
Development Standard which states "There will be no open burning on the property", seconded by Ben
Hansford. Motion carried.
The Chair asked the applicant if they have read through the amended Development Standards and Conditions
of Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Robert Grand moved that Case USR-1795, be forwarded to the Board of County Commissioners along with
the amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, seconded by Bill Hall.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, yes; Robert Grand, yes; Bill Hall, yes; Alexander Zauder, yes; Jason Maxey, yes; Benjamin
Hansford, yes; Mark Lawley, absent; Tom Holton, yes. Motion carried unanimously.
• The Chair called a recess at 2:40 pm and reconvened at 2:45 pm. He read the following case into record.
CASE NUMBER: USR-1786 EXHIBIT
I C 5
1a
• APPLICANT: Equus Farms, Inc.
PLANNER: Tom Parka
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Golf Course,
Shooting Range, Guest Farm and Hunting Lodge,and one(1)Single-Family dwelling
Unit per lot, other than those permitted under Section 23-3-20.A of the Weld County
Code in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: All of Section 18,T4N,R61 W;Part of the N2S2/S2NE4/SE4NW4 and Part of the E2 of
Section 13,T4N, R62W of the 6th P.M., Weld County, Colorado.
LOCATION: West of and adjacent to CR 87; approximately 1/4 mile south of CR 44.5.
Tom Parka, Planning Services, stated that the site is located east of County Road 87 and approximately 2
miles north of State Highway 34. For the purposes of this application the boundary is approximately 938 acres
situated on four(4) parcels. The USR is not part of a platted county subdivision or recorded exemption.
The owner of record is Equus Farms. The amenities on the property include a private golf course, shooting
range, hunting lodge and multiple dwellings. All of these uses require a Use by Special Review under Chapter
23 Article 3 Division 1 of the Weld County Code.
The proposed site is not located within any three mile referral area of a Town or City.
Eleven referral agencies have reviewed this case and five offered comments, some with specific conditions.
There has been no correspondence received either for or against this proposal.
The Department of Planning Services recommends approval of this application with the attached conditions of
approval and development standards.
Don Carroll, Public Works, stated that the access is from County Road 87,which is a local gravel road. The
road into the facility is private and Weld County does not maintain that road. The parking and circulation on
• site is adequate. The facility is located within the floodplain; however the applicant has acquired the adequate
permits. He added that they have no concerns with this request.
Mary Evett, Environmental Health, stated that the facility is served by a domestic well and the applicant is in
the process of re-permitting their well to an exempt well through the Division of Water Resources. There is an
existing septic system that is designed and permitted for 33 bedrooms and has State approval due to its
capacity of greater than 2000 gallons per day. According to the applicant, they have submitted a Class V
Injection Well Inventory Form into the EPA and are awaiting approval.
There was a Development Standard inadvertently omitted in regard to if the well serves greater than 25
persons. Ms. Evett recommended adding a Development Standard that states"In the event the facility's water
system serves more than 25 persons on a daily basis the water system shall comply with the Colorado
Primary Drinking Water Regulations (5 CCR 1003-1). Evidence shall be provided to the Weld County
Department of Public Health and Environment that the system complies with the Regulations."
In addition, Development Standard 13 needs to be amended to read"Sewage disposal for the facility shall be
by septic system. Any septic system located on the property must comply with all provisions of the Weld
County Code pertaining to Individual Sewage Disposal Systems, and the Colorado Department of Public
Health & Environment Regulation 22 (Domestic Wastewater Treatment Works)."
Bill Hall moved to add a new Development Standard provided by staff and amend Development Standard 13
along with Staffs recommendation, seconded by Robert Grand. Motion carried.
Mike Johnson, 37139 Hwy 34, Manager of Equus Farms, stated that they are a cattle operation and farm. He
added that the area in question for the USR is where the owner has his home.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
• one wished to speak.
The Chair asked the applicant if he read through the amended Development Standards and Conditions of
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Approval and if they are in agreement with those. The applicant replied that he is in agreement.
• Jason Maxey moved that Case USR-1786, be forwarded to the Board of County Commissioners along with
the amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, seconded by Bill Hall.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, yes; Robert Grand, yes; Bill Hall, yes; Alexander Zauder, yes; Jason Maxey, yes; Benjamin
Hansford, yes; Mark Lawley, absent; Tom Holton, yes. Motion carried unanimously.
The Chair read the next case into record.
CASE NUMBER: AmUSR-1251
APPLICANT: Pat&Amanda Weakland
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Amended Use by Special Review Permit for a
Commercial Greenhouse/Garden Center,dba The Windsor Gardener,and a Brewery
in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot B of RE-1425;being part of the E2SW4 of Section 18,T6N,R67W of the 6th P.M.,
Weld County, Colorado.
LOCATION: North of and adjacent to State Highway 392; west of and adjacent to 17'" Street,
Windsor, Colorado.
Kim Ogle, Planning Services, stated that the facility is outside of the urban growth boundary for the Town of
Windsor,yet within the three-mile referral area,who responded to the referral dated August 4,2011 stating the
property is located within the Town's Growth Management Area and is contiguous to the Town's corporate
limits along the eastern property line. The Town's land use map delineates this parcel as single family
residential, parks,open space, mineral extraction and floodplain. Further,the property is located in the Town's
• Main Street Commercial Corridor and the adjacent parcels to the east are zoned commercial. The referral
recommends that the applicant submit a petition for annexation.
The applicant is proposing to amend the current land use permit USR-1251 for the Windsor Gardener that
was approved by the Board of County Commissioners on January 26,2000 for a commercial greenhouse and
garden center. The applicant is proposing to amend the existing permit to include a brewery, a tasting room
an outside patio overlooking the hops farm to the west. In 2007 a hop farm was established west of the
garden center. This hop farm is the first on the Front Range and one of the first in Colorado. The activity of
growing hops is directly related to the existing agriculture on the property with the new brewery and tasting
room building being a natural extension of the garden center and hop farm. Water for irrigating the farm is
from the Cache La Poudre Irrigation Ditch No. 2 and a one-third share of an irrigation well. The brewery
promotes the diversification of agriculture in the County.
The site is surrounded by limited development. The property under review here is presently the Windsor
Gardener and the proposed High Hops Brewery; the property to the south was mined by Hall-Irwin. The land
on the west is in the floodplain with a residential structure to the north. Agricultural and residential lands are
adjacent to the north, and to the east, the Town of Windsor, and a commercial development yet to be
constructed.
Sixteen (16) referral agencies have reviewed this case and nine offered comments, some with specific
conditions that have been incorporated into this recommendation. Staff has received no letters, emails, or
telephone inquiries concerning this case.
The Planning Department recommends approval of this application with the attached conditions of approval
and development standards.
Don Carroll, Public Works, stated that the access will be from 171h Street which has been annexed and is
• under the control of the Town of Windsor. The applicant is using the existing paved parking area by the
Garden Center. Staff did request that they identify overflow parking,which is proposed to be a gravel surfaced
area. The majority of the site is located within the 100 year floodplain of the Cache La Poudre River.
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