HomeMy WebLinkAbout20102171.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
• Moved by Robert Grand,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-1754
APPLICANT: Kevin &Heather Willard c/o Kyle Ostrand
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Recreational Facility with uses similar to those seen at guest farms and
fairgrounds in the A(Agricultural)Zone District.
LEGAL DESCRIPTION: Lot B RE-2164; Section 36, T2N, R65W of the 6th P.M., Weld County,
Colorado.
LOCATION: North of and adjacent to I-76; East of and adjacent to CR 47 (N. Oak Street)
and South of and adjacent to CR 16 Section Line.
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. Section 22-2-20.B.3 A.Policy 2.3, states,
"Encourage development of agriculture and agriculturally related businesses and
industries....Agricultural businesses and industries include those related to... agri-tainment
or agri-tourism uses." Further, Section 22-2-20.F.4 A.Policy 6.4 states "Encourage agri-
tourism; and Section 22-2-70.A TR.Goal 1 states"Recognize the importance of cultural and
•
heritage tourism and recreation to local, regional and agricultural economies, including events
and sites such as corn mazes, County fairs, farm implement museums, etc. Encourage the
provision of adequate support services and facilities necessary for the continuation and
expansion of these activities, consistent with other goals and policies of the Comprehensive
Plan." (Weld County Code Ordinance 2002-6; Weld County Code Ordinance 2008-13)
B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural)
Zone District. Section 23-3-40.C.8 of the Weld County Code provides for a Recreational
Facility with uses similar to those seen at guest farms and fairgrounds as a Use by Special
Review in the A (Agricultural) Zone District.
Summer events occur from July 1 through mid-late September, and include events such
as: Outdoor Concerts, Paintball Courses & Competitions, Family Movie Nights,
Educational Agricultural Demonstrations (draft horse pulling, horse training, sheep dog
illustrations and mutton busting) & a possible Farmers Market.
Autumnal events commence mid-September through October 31. The Fall events consist
of the Corn Maze, Concerts, Paintball Courses, Zip Lines, Pumpkin Patch, Trail Rides,
Hayrack Rides, Helicopter Rides, Barn Animal Petting Zoo, Family Movie Nights, Farmers
Market, Inflatable Jumping Pillow, Laser Tag &Various Educational Agricultural
Demonstrations. These events will take place Thursday through Sunday during the
afternoon. Depending on interest drawn from local area youth & schools the corn maze,
youth activities & educational demonstrations may be available on Tuesday&Wednesday
during daylight hours during all days of operation.
Summer events will occur on Friday evenings, Saturday afternoons or Saturday evenings.
• A concert or movie night would generally always take place in late afternoon going into the
evening. The agricultural demonstrations, paintball course & the farmers market would
generally take place on Saturday & Sunday afternoons.
EXHIBIT
2010-2171
Resolution UsR-1754
Kevin& Heather Willard do Kyle Ostrand
Page 2
• C. Section 23-2-220.A.3 --The uses which will be permitted will be compatible with the
existing surrounding land uses. The surrounding land uses include a variety of
agricultural activities. Directly to the west of the property there is an egg farm that houses
1.6 million egg laying chickens [Sparboe Farms, 3rd AmUSR-655]. Adjacent properties in
all directions are farmed for alfalfa hay, grain crops & several produce crops. Northwest
of the proposed corn maze is a long-term correctional facility within the corporate limits to
the Town of Hudson, and south of Interstate 76 is an Industrial Manufacturing Facility
[DPC Industries, USR-909] and to the southeast is a natural gas powered power plant
[Rocky Mountain Energy Center, USR-1339]. There are three single family residences in
the near vicinity, the first residence is south of and adjacent to the Sparboe Facility, the
second is in the Northwest corner of the site (Kevin and Heather Willard's residence) on a
Recorded Exemption lot, and the third is on an outparcel within the proposed Guest Farm
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. The facility is within the three mile referral areas for the Town of Hudson and
Town of Keenesburg. The proposed site is within the Intergovernmental Agreement area for
the Town of Hudson. The Town of Hudson in their referral dated August 19, 2010 had
reviewed the proposal and were in support of the request with concerns of traffic
management at the intersection State Highway 52, the west bound off ramp and the 1-76
Frontage road. The Town cites poor sight distance and conflicting turning movements at this
intersection. Further stating, all development that contributes traffic to an already bad
intersection should be responsible for participating in the solution. The Town also provided
comment from the Hudson Correctional Facility, specific to the utilization of airspace and
• overflight of the proposed helicopter ride near the facility. The Town of Keenesburg in their
referral dated August 10, 2010 indicated no conflict with their interests.
E. Section 23-2-220.A.5--The application complies with Section 23-5 of the Weld County Code.
Effective January 1, 2003, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
Effective August 1, 2005, Building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/
Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40)
F. Section 23-2-220.A.5--The site does lie within the Flood Hazard Overlay District. Boxelder
Creek influences the east side of the property. In a memorandum from Public Works to
Building Inspection dated August 23, 2010, Public Works indicates that any future
development of structures within the floodplain will require an amendment to the existing
Flood Hazard Development Permit, FHDP-386.
G. Section 23-2-220.A.6 --The applicant has demonstrated a diligent effort to conserve prime
agricultural land for the proposed use. The site is predominately designated as"Prime"and
"Prime if Irrigated" by the USDA Soil Conservation Service map dated 1979. The proposed
use will not remove any additional agricultural land from production.The agricultural activities
on the property are an important part of the proposed use.
H. Section 23-2-220.A.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 ensure that there are adequate provisions for the protection of
• health, safety, and welfare of the inhabitants of the neighborhood and County.
Resolution UsR-1754
Kevin & Heather Willard do Kyle Ostrand
Page 3
• 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. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR-1754(Department of Planning Services)
2) The plat shall be prepared per Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
3) The attached Development Standards. (Department of Planning Services)
4) County Road 47 is designated on the Weld County Road Classification Plan as a
local paved road, which requires a 60-foot right-of-way at full build out. There is
presently sixty feet of right-of-way. A total of 30 feet from the centerline of County
Road 47 shall be delineated on the plat. This road is maintained by the Town of
Hudson. (Department of Public Works)
5) 1-76 Frontage Road is designated as a local paved road which requires a 60-foot
right-of-way at full build out. There is presently sixty feet of right-of-way.A total of 30
feet from the centerline of 1-76 Frontage Road shall be delineated on the plat. This
road is maintained by the Town of Hudson/CDOT. (Department of Public Works)
• 6) The screened trash enclosure for the facility. (Department of Planning Services)
7) A graphic key and or symbol serving to identify each component that is located within
the USR Boundary. The key and corresponding component shall be summarized in
tabular format and be clearly delineated on the plat. (Department of Planning
Services)
8) The applicant must delineate the locations of the Stop sign at the point of ingress
/egress and Oak Street. (Department of Public Works)
9) The applicant must delineate the boundaries of the Box Elder Floodplain on the USR
Plat. Please delineate all existing and new structures such as buildings, whether
temporary or permanent, and towers that are located within the floodplain on the
Plat. (Department of Public Works)
10) The applicant must delineate the approved access permit configuration from the
Town of Hudson or from the Colorado Department of Transportation, as applicable,
and delineate any additional requirements to obtain the permit. (Department of
Public Works)
11) The applicant must delineate the water quality feature for the parking lot.
(Department of Public Works)
12) The applicant must delineate the location of the advertising sign placed on the trailer
segment of a tractor trailer adjacent to (Interstate 76) CDOT right-of-way.
(Department of Public Works)
•
Resolution UsR-1754
Kevin & Heather Willard do Kyle Ostrand
Page 4
• 13) The applicant must delineate the location of the Ticket/Parking Booth for the event.
This Booth should be located at the end of the access road adjacent to the parking
lot to accommodate vehicles from stacking up or parking off the 1-76 Frontage or
County Road 47 waiting to enter the facility. (Department of Public Works)
14) The applicant shall accurately delineate the FEMA recognized floodplain and
reference the FIRM Community panel map and map date. The correct panel map is
number 080266 0900 C dated September 28, 1982. (Department of Public Works)
15) The applicant shall delineate a parking and circulation layout plan for the overflow
parking component. The plan shall be dimensioned and demonstrate that there is
adequate turning radii, internal circulation and adequate access for emergency
ingress and egress. (Department of Planning Services)
16) The applicant shall delineate parking and drop off spaces for non-ambulatory
persons visiting the facility. These drop-off and parking spaces shall meet all Local,
State and Federal guidelines and requirements as adopted by Weld County.
(Department of Planning Services)
17) The overflow (secondary) parking area shall place the single point of ingress and
egress at the curve in the road before heading north into the facility. This access
shall be gated. (Department of Planning Services and Department of Public Works
B. The applicant shall submit evidence that a building permit has been reviewed, approved and
obtained for the existing structure utilized for hay storage and for this application utilized for
habitable occupancy space. (Department of Building Inspection)
• C. The applicant shall submit evidence that a building permit has been reviewed, approved and
obtained for the proposed tractor trailer banner sign utilized for advertising the corn maze for
this application. (Department of Building Inspection)
D. The applicant shall furnish a Traffic Control Plan for the facility on any given day for review
and approval by the Department of Public Works, Colorado Department of Transportation
and Town of Hudson. Written evidence of acceptance to be submitted to the Department of
Planning Services. (Department of Public Works)
E. The applicant shall provide evidence of an access permit for the first year of operation from
the Colorado Department of Transportation (CDOT)for 2010. (Department of Public Works)
F. The applicant shall provide evidence of an access permit from the Town of Hudson and meet
any additional requirements needed to obtain or upgrade the permit. The Town of Hudson
has jurisdiction over all accesses. (Department of Public Works)
G. The applicant must submit an Amended Flood Hazard Development Permit(AmFHDP)to the
Department of Public Works for any structures or buildings that will be constructed within the
FEMA defined floodplain. Please show new structures such as building or towers that are
located within the floodplain on the Final Plat. (Department of Public Works)
H. The applicant must submit a Traffic Management Plan for traffic control for the Corn Maze
operation for review and approval from the Colorado Department of Transportation(CDOT),
the Town of Hudson and Weld County Department of Public Works. Written evidence of
approval shall be submitted in writing to the Department of Planning Services. (Department
of Planning Services)
• I. The applicant shall submit in writing, evidence that the existing domestic water tap has been
re-permitted for a commercial water tap. Further,the applicant shall submit written evidence
that the concerns raised in the referral from the State of Colorado Division of Water
Resolution UsR-1754
Kevin & Heather Willard do Kyle Ostrand
Page 5
• Resources, dated August 9, 2010 have been addressed to their satisfaction. Written
evidence of approval shall be submitted in writing to the Department of Planning Services.
(State of Colorado Division of Water Resources)
J. The applicant shall address the requirements of the Department of Building Inspection, as
stated in their referral response dated July 30,2010. Evidence of approval with all conditions
met or mitigated shall be submitted in writing to the Department of Planning Services.
(Department of Building Inspection)
K. The applicant shall submit a Lighting Plan for all on-site lighting. This information must
include cut sheets describing the lighting fixtures, including permanent and temporary
fixtures. The plan must also include the locations of all lighting fixtures. (Department of
Planning Services)
L. The applicant shall submit to the Weld County Department of Planning Services a recorded
copy of any agreement signed by all of the owners of the property crossed by the emergency
access. The emergency access shall be for ingress and egress and shall be referenced on
the plat by the Weld County Clerk and Recorders reception number. (Department of Planning
Services)
M. The applicant shall submit for review by the Department of Planning Services a method of
documentation for the daily visitor numbers to the Wild West Corn Maze facility. (Department
of Planning Services)
N. The applicant shall complete an Improvements Agreement according to policy regarding
collateral for improvements and post adequate collateral for all required materials. The
agreement and form of collateral shall be reviewed by County Staff and accepted by the
•
Board of County Commissioners prior to recording the Amended USR plat; or,the applicant
may submit evidence that all the work has been completed and approved by County staff.
(Department of Planning Services)
2. Two months prior to the time of the second year of operation, the applicant must submit to the
Department of Planning Services evidence of an approved Access Permit from CDOT and an
approved Traffic Control Plan. (Department of Planning Services)
3. Upon completion of 1. above 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)
4. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Recorded Exemption/Subdivision Exemption/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 dhuertetco.weld.co.us(Department
of Planning Services)
5. In accordance with Weld County Code Ordinance 2005-7 approved June 1,2005, should the plat not
be recorded within the required sixty(60)days from the date of the Board of County Commissioners
resolution a$50.00 recording continuance charge shall be added for each additional 3 month period.
(Department of Planning Services)
• 6. 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)
Resolution UsR-1754
Kevin&Heather Willard c/o Kyle Ostrand
Page 6
• Motion seconded by Jason Maxey.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Erich Ehrlich
Roy Spitzer
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 7, 2010.
Dated the 7'"of September, 2010.
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
• W-SPUR PRODUCTIONS
USR-1754
1. The Site Specific Development Plan and a Special Review Permit for a Recreational Facility with uses
similar to those seen at guest farms and fairgrounds A(Agricultural)Zone District as indicated in the
application materials on file and 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. (Department of Planning Services)
3. 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)
4. 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)
5. 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)
6. The applicant shall operate in accordance with the approved"waste handling plan". (Department of
Public Health and Environment)
• 7. 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". (Department of Public Health and
Environment)
8. There shall be no open burning conducted on the site, with exception to burning defined as
"agricultural open burning" as defined by Regulation No. 9 of the Colorado Air Quality Control
Commission Regulations, (Department of Public Health and Environment)
9. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
10 Adequate drinking, handwashing and toilet facilities shall be provided for employees, vendors and
patrons of the facility, at all times. (Department of Public Health and Environment)
11. Hand sanitizer shall be provided at the petting zoo as well as signage indicating hands should be
washed with soap and water. (Department of Public Health and Environment)
12. The Stanford Event and Labor Services portable toilet chart shall be adhered to as a minimum
guideline. Records of maintenance and proper disposal shall be retained on a seasonal basis.
(Department of Public Health and Environment)
13. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado
Department of Public Health & Environment, Water Quality Control Division. (Department of
Public Health and Environment)
• 14. The applicant shall comply with Colorado Retail Food Establishment Rules and Regulations
governing the regulation of food service establishments. (Department of Public Health and
Environment)
Resolution UsR-1754
Kevin & Heather Willard do Kyle Ostrand
Page 8
• 15. Materials used for paintball shall be considered non-toxic. (Department of Public Health and
Environment)
16. If applicable, the applicant shall comply with the Colorado Department of Agriculture (CDA),
Division of Animal Industry. (Department of Public Health and Environment)
17. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
18. No parking or staging of vehicles on the county road is allowed. Use on-site parking areas only.
(Department of Public Works)
19. The Applicant shall continue follow Traffic Control Plans that conform to the Manual on Uniform
Traffic Control Devices (MUTCD) for all events held at this facility. All Traffic Control Plans at a
minimum must contain flagger control, temporary traffic control signing and cones. (Department of
Public Works)
20. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if 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. All vegetation,other than grasses, needs to be
maintained at a maximum height of 12 inches until the area is completely developed
21. Ingress and egress to the facility shall be from the existing access along 1-76 Frontage Road, East of
County Road 47 (Oak Street). (Department of Planning Services)
22. Building Permits are required for Temporary Seasonal structures, including Admission Office/Booth;
• Karaoke Stage; Concert Stage; Large Outdoor Event Tent; Children's Playground Equipment; Zip
Line Attraction. (Department of Planning Services)
23. The lighting on site shall be maintained in accordance with the approved Lighting Plan. (Department
of Planning Services)
24. A plan review is required for each building for which a building permit is required. Two complete sets
of plans are required when applying for each permit. Include a Code Analysis Data sheet provided by
the Weld County Building Department with each Building permits submittal plans shall include a floor
plan showing the specific uses of each area for the building. The Occupancy Classification will be
determined by Chapter 3 of the 2006 International Building Code. The plans shall also include the
design for fire separation and occupancy separation walls, when required by Chapter 5 and 7 of the
2006 International Building Code. Fire Protection shall conform to Chapter 9 and exiting requirements
by Chapter 10. (Department of Building Inspection)
25. Buildings shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 2006 International Building
Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2006 International
Fuel Gas Code;2006 International Energy Conservation Code and the 2008 National Electrical Code
and Chapter 29 of the Weld County Code. (Department of Building Inspection)
26. Building permits will be required for the existing hay barn building if it will be utilized under this Use
by Special Review Permit. (Department of Building Inspection)
27. All building plans shall be submitted to Hudson Fire District Fire District for review and approval prior
to issue of building permits. (Department of Building Inspection)
28. The facility shall develop a plan for emergency medical response for individuals requiring medical
•
attention within the corn maze. (Department of Planning Services)
Resolution UsR-1754
Kevin&Heather Willard do Kyle Ostrand
Page 9
• 29. The overflow (secondary) parking area shall place the single point of ingress and egress. This
access shall be gated, unless the maximum daily visitor population exceeds 150 persons.
(Department of Planning Services)
30. The Guest Farm operating days are limited to Tuesday—Sunday, July 1 through October 31 of any
given year. (Department of Planning Services)
31. Hours of operation from July 1 to the last Saturday in September of any given year, operating on a
schedule of Friday 4PM to 11PM and Saturday 9AM to 11 PM.
Hours of operation from the last Sunday in September to October 31 of any given year operating on a
schedule of Monday closed, Tuesday and Wednesday 11AM to 6PM; Thursday 11AM to 10PM;
Friday 11AM toll PM; Saturday 9AM to 11PM and Sunday 11AM to 10PM. (Department of Planning
Services)
32. The Wild West Corn Maze is permitted for the following activities: Corn Maze, Haunted Corn Maze,
Children's Bale Maze, Live Music/Concert, Paintball Courses, Zip Lines, Family Movie Nights,
Hayrack Rides, Trail Rides, Helicopter Rides, Farm Animal Petting Zoo, Pumpkin Patch,Mechanical
Bull, Laser Tag, Hay Bale Pyramid, Karaoke Stage, Corn & Egg Shoot, Draft Horse Pulling
Competition, Sheep/Cattle Dog Demonstration, Farmer's Market, Mutton Busting (Sheep Riding),
Various Educational Agricultural Demonstrations, Roping Competitions, Food Vendors,Vintage Plane
Fly-overs / Air Show, Disc Golf, Giant Jump Pillow, Corn Games (corn sandbox, corn bag lawn
game), Cowboy Church, Various Kids Activities, Children's Playground, Pumpkin Launcher, Barn
Animal Races and Barrel Train. (Department of Planning Services)
33. The property owner or operator shall be responsible for complying with the Design Standards of
• Section 23-2-240, Weld County Code.
34. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
35. Personnel from the Weld County Departments of Public Health and Environment, Planning Services
and Public Works 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.
36. 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.
37. 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.
•
9-7-cW/
Golden Retriever dogs. She added that they are working with everyone to keep it in compliance.
• 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 they read through the 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-1748 be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, seconded by Alexander Zauder.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, yes; Erich Ehrlich,yes; Robert Grand, yes; Bill Hall, absent;Alexander Zauder,yes; Jason Maxey,
yes; Roy Spitzer, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously
The Chair called a recess at 2:18 pm and reconvened the meeting at 2:23 pm.
Erich Ehrlich left the meeting at 2:19 pm. MOW
The Chair read the next case into record.
CASE NUMBER: USR-1754 VSR^ 110t+
APPLICANT: Kevin & Heather Willard c/o Kyle Ostrand
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Recreational Facility with uses similar to those seen at guest farms and
fairgrounds in the A(Agricultural)Zone District,
LEGAL DESCRIPTION: Lot B RE-2164; Section 36,T2N, R65W of the 6th P.M.,Weld County,
Colorado.
• LOCATION: North of and adjacent to I-76; East of and adjacent to CR 47(N. Oak Street)
and South of and adjacent to CR 16 Section Line.
Kim Ogle, Planning Services, commented that this proposal will be located on approximately 248 acres in the
agricultural zone district. The applicants are proposing an agri-tourism facility that addresses the importance
of cultural and heritage tourism and recreation through local, regional and agricultural economies including
events on site such as a corn maze, county fairs, and farm implement museums, etc.
The proposal seeks to operate July 1 through October 31 of any given year. During the period of July 1
through mid-September of any given year the facility is scheduled to operate during weekends only and from
mid-September through October 31 the facility will operate Thursday through Sunday with additional hours by
appointment only on Tuesdays and Thursdays.
The site is located within the three mile referral area for the Towns of Hudson and Keenesburg. The proposed
site is located within the Intergovernmental Agreement area for the Town of Hudson. The Town of Hudson in
their referral dated August 19, 2010 reviewed the proposal and were in support of the request with concerns of
traffic management at the intersection of State Highway 52, the west bound off-ramp and the 1-76 Frontage
Road. The Town cites poor sight distance and conflicting turning movements at this intersection. Further
stating all the development that contributes traffic to an already bad intersection should be responsible for
participating in the solution. The Town also provided a comment from the Hudson Correctional facility which is
north of the proposed facility, specific to the utilization of air space and over flight of the proposed helicopter
ride near the facility. The Town of Keenesburg in their referral dated August 10,2010 indicated no conflict with
their interests.
The surrounding land uses include a variety of agricultural activity. Directly west of the property is an egg farm
that houses 1.6 million laying chickens (Sparboe Farms under 3fd USR-655). Adjacent properties in all
directions are farmed for alfalfa hay, grain crops and several produce crops. Northwest of the proposed corn
• maze is a long-term correction facility within the corporate limits of the Town of Hudson. South of the
interstate is an industrial/manufacturing facility. Southeast is a natural gas power plant (Rocky Mountain
Energy Center permitted under USR-1339). There are three(3) single family residences in the near vicinity.
5
• Primary access is from State Highway 52 to County Road 12.5 which is under the jurisdiction of Weld County
and the Town of Hudson. This road intersects the 1-76 Frontage Road, approximately 1600 feet from the
intersection of State Highway 52 and the fly over of 1-76. Turning onto the Frontage Road and traveling 1300
feet to the point of ingress and egress to the corn maze. The applicant has submitted a Traffic Control Plan
which is under review by CDOT,the Town of Hudson, the Hudson Correctional Facility and Sparboe Farms to
determine the potential impact to each facility, if any. Staff has a recent email that CDOT is unable to approval
or deny the proposed Traffic Plan because the person is in the field today.
Eighteen referral agencies reviewed the case; seven referral agencies offered comments, some with specific
conditions and have been incorporated into the staff report. No letters or telephone calls have been received.
The Department of Planning Services recommends approval of this application with the attached conditions of
approval and development standards.
Commissioner Grand clarified if the access will be closed from Highway 52. Mr.Ogle replied that was correct
and added that traffic would go down State Highway 52 to County Road 12.5 to enter and exit the facility.
Commissioner Maxey asked if it is a temporary or permanent closure. Mr. Ogle said that it is a temporary
closure that happens only during hours of operation when the corn maze is open.
Lauren Light, Environmental Health, commented that since this is a temporary event of six months or less,the
applicant is allowed to use portable toilets and bottled water.The applicant has submitted Dust Abatement and
Waste Handling Plans. Noise is restricted to the commercial level. Ms. Light commended the applicant in
addressing all of the questions and concerns prior to this meeting.
Ms. Light stated that Development Standard 15 may be deleted as it is a duplicate of Development Standard
14.
• Robert Grand moved to delete Development Standard 15 and renumber accordingly, seconded by Nick
Berryman. Motion carried.
Don Carroll, Public Works, commented that the access is from the 1-76 Frontage Road onto County Road 47
(Oak Street). The Town of Hudson does have jurisdiction over that segment of road. CDOT, Hudson and
Weld County are currently reviewing that intersection. Mr. Carroll stated that no staging or parking of vehicles
on the County Road is allowed and added that the on-site parking does appear to be adequate. A stop sign
has been requested at the intersection. There is a portion of the site that is located in a floodplain; however no
events are proposed in the floodplain area. No drainage report was required; however a water quality feature
is requested for the parking area.
Janet Carter, Public Works, commented they received a traffic study from the applicant. The applicant is
proposing 346 trips per day in and out for a non-peak weekday. During their peak season which is right
around Halloween, the traffic will increase and they are estimating 2,300 trips per day in and out of the facility.
On a standard weekend the estimate is 470 trips per day. Ms. Carter stated that she received a revised
Traffic Plan based off of CDOT's comments earlier today. It is appropriate in the view of Weld County and she
is in the process of approvingit; however it is just a matter of getting all the proper paperwork completed. .
Kyle Ostrand stated that the landowners currently live on the property and have a hay farm operation. He
added that the landowners have decided to create something to supplement their current farm income. Mr.
Ostrand said that they are in the process of working through all the details of the plan. The traffic has been
one of the biggest obstacles of the process and is currently in discussion. The traffic study that was prepared
included large projected numbers since this is the first year of operation and they are unsure of what to expect.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
• Roy Fronczyk, Hudson Town Planner, stated that they have had a lot of discussion about the project
throughout the last few months. The applicant has come in a number of times and described what he wants to
do. They support the project; however the traffic is still a concern.
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The traffic study talked about 85%of the traffic coming from the west; however they believe it will come from
• the east. Therefore,the Frontage Road is an issue and is currently under discussion. Mr. Fronczyk indicated
that they prefer to have the access route from the Frontage Road to County Road 43.5 instead of going to
County Road 12.5.
The traffic plan talks about message boards which will direct traffic to the site. Mr. Fronczyk asked if the
barricades and message boards will be taken off site and placed somewhere else. In addition, he asked if
there will be advanced public notice of the closures. Mr. Fronczyk referred to Condition of Approval 2 and
stated that he feels the evidence of an approved Access Permit from CDOT and an approved Traffic Control
Plan should be addressed now and not next year.
Commissioner Holton asked Ms. Carter if there is a plan in place. Ms. Carter said that CDOT, the Town of
Hudson, Weld County Planning Department and the applicant have been trading emails back and forth
reviewing these plans. What is being proposed at this point is a"soft" close which means that it is closed for
travelers passing through an area; however local traffic may access. The barricades are offset and posted
that local traffic only may access. Currently, discussion is in place with CDOT on how soft or hard they want
that closure to be.
Commissioner Grand asked Ms. Carter if she is comfortable that the discussion of the group is marching in a
direction that everyone will approve. Ms. Carter replied yes and stressed that this is a very temporary
condition. She added that the applicant had estimated higher numbers in hopes that their business will do
well, but as they go from year to year we will see changes within that traffic control. In addition, CDOT is
requiring the applicant to submit an access permit each year until they can determine what the traffic is truly
going to be at this facility.
The Chair closed the public portion of the meeting.
• Commissioner Lawley asked about the temporary signage. Ms. Carter said that it is part of the traffic control
plan and added that the signs will be stored off site when the facility is not in operation.
The Chair asked the applicant if they 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-1754 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 Jason Maxey.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, yes; Erich Ehrlich, absent; Robert Grand, yes; Bill Hall, absent; Alexander Zauder, yes; Jason
Maxey, yes; Roy Spitzer, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
The Chair read the following case into record.
CASE NUMBER: USR-1744
APPLICANT: Guadalupe, Rose and Jose Chavez
PLANNER: Michelle Martin
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Commercial Junkyard or Salvage Yard in the 1-3 (Industrial)Zone District.
LEGAL DESCRIPTION: Part N2 NE4 NW4 and Part N2 NW4 NE4 all in Section 31,Ti N, R66W of the
6th P.M.,Weld County, Colorado.
LOCATION: South of and adjacent to CR 4 and west of and adjacent to State Hwy 85.
Michelle Martin, Planning Services, commented that the applicant has applied for a Site Specific Development
Plan and Special Review Permit for a commercial junkyard or salvage yard in the 1-3(Industrial)Zone District
Currently, the property is in violation (VI01-00259) for the operation of a commercial business without the
• necessary land use permits. This violation was turned in by an adjacent municipality and surrounding property
owners.
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