HomeMy WebLinkAbout20102170.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1754 FOR A RECREATIONAL FACILITY WITH USES SIMILAR TO THOSE
SEEN AT GUEST FARMS AND FAIRGROUNDS IN THE A (AGRICULTURAL) ZONE
DISTRICT- KEVIN AND HEATHER WILLARD, CIO KYLE OSTRAND
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 22nd day
of September, 2010, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Kevin and Heather Willard, c/o Kyle Ostrand, 6876 County Road 47,
Hudson, Colorado 80642, for a Site Specific Development Plan and Use by Special Review
Permit#1744 for a Recreational Facility with uses similar to those seen at guest farms and
fairgrounds in the A (Agricultural) Zone District, on the following described real estate, being
more particularly described as follows:
Lot B of Recorded Exemption #2164; within
Section 36, Township 2 North, Range 65 West of
the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Kyle Ostrand, 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 23-2-230.6 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.
Section 22-2-20.6.3 (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 22-3-70.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
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implement museums, etcetera. 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."
b. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.C.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 and Competitions, Family Movie Nights, Educational
Agricultural Demonstrations (draft horse pulling, horse training, sheep dog
illustrations and mutton busting), and a possible Farmers Market.
Autumnal events commence mid-September through October 31, and
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, and Various Educational Agricultural
Demonstrations. These events will take place Thursday through Sunday
during the afternoons. Depending on the interest drawn from local area
youth and schools, the corn maze, youth activities, and educational
demonstrations may be available on Tuesdays and Wednesdays, 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 will generally take place in late afternoon going into the
evening. The agricultural demonstrations, paintball course, and the
farmers market will generally take place on Saturday and Sunday
afternoons.
c. Section 23-2-230.B.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 which houses 1.6 million egg-laying
chickens (Sparboe Farms, 3rd AmUSR-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 correctional
facility within the corporate limits to the Town of Hudson; 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 residence is in the
northwest corner of the site (Kevin and Heather Willard's residence), on a
Recorded Exemption lot; and the third residence is on an outparcel within
the proposed Guest Farm property.
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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
municipalities. The facility is within the three-mile referral area for the
Towns of Hudson and Keenesburg. The proposed site is within the
Intergovernmental Agreement (IGA) area for the Town of Hudson. The
Town of Hudson, in the referral dated August 19, 2010, indicated it had
reviewed the proposal and is in support of the request; however, the
Town has concerns regarding 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, and further states that all development which 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 the referral dated August 10, 2010, indicated no conflict
with its interests.
e. Section 23-2-230.6.5 -- The application complies with Chapter 23,
Article V, 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-Wide Road Impact Fee Program. 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 Programs. The site does
lie within the Flood Hazard Overlay District. Boxelder Creek influences
the east side of the property. In a memorandum from the Department of
Public Works to the Department of Building Inspection, dated August 23,
2010, the Department of 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).
f. Section 23-2-230.6.6 -- 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.
g. Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240 of the
Weld County Code), Operation Standards (Section 23-2-250 of the Weld
County Code), Conditions of Approval, and Development Standards
ensure that there are adequate provisions for the protection of the health,
safety, and welfare of the inhabitants of the neighborhood and County.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Kevin and Heather Willard, c/o Kyle Ostrand, for
a Site Specific Development Plan and Use by Special Review Permit #1754 for a Recreational
Facility with uses similar to those seen at guest farms and fairgrounds in the A (Agricultural)
Zone District, on the parcel of land described above be, and hereby is, granted subject to the
following conditions:
1. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR-1754.
2) The plat shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
3) The attached Development Standards.
4) County Road 47 is designated on the Weld County Road
Classification Plan as a local paved road, which requires 60 feet of
right-of-way at full buildout. 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.
5) The 1-76 Frontage Road is designated as a local paved road
which requires 60 feet of right-of-way at full buildout. There is
presently sixty feet of right-of-way. A total of 30 feet from the
centerline of the 1-76 Frontage Road shall be delineated on the
plat. This road is maintained by the Town of Hudson/Colorado
Department of Transportation (CDOT).
6) The screened trash enclosure for the facility.
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.
8) The applicant must delineate the locations of the Stop sign at the
point of ingress/egress and Oak Street.
9) The applicant must delineate the boundaries of the Box Elder
Floodplain on the USR plat. All existing and new structures, such
as buildings, whether temporary or permanent, and towers which
are located within the floodplain, shall be delineated on the plat.
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10) The applicant must delineate the approved access permit
configuration from the Town of Hudson or from CDOT, as
applicable, and delineate any additional requirements to obtain the
permit.
11) The applicant must delineate the water quality feature for the
parking lot.
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.
13) The applicant must delineate the location of the Ticket/Parking
Booth for the event. This booth shall be located at the end of the
access road adjacent to the parking lot to accommodate vehicles
from parking or stacking up on the 1-76 Frontage Road or County
Road 47, waiting to enter the facility.
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.
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.
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.
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.
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.
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.
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D. 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.
E. The applicant must submit an Amended Flood Hazard Development
Permit (AmFHDP), to the Department of Public Works, for any structures
or buildings which will be constructed within the FEMA defined floodplain.
New structures, such as buildings or towers which are located within the
floodplain, shall be shown on the plat.
F. The applicant shall address the requirements of the Department of
Building Inspection, as stated in the 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.
G. 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 plat. Alternately, the applicant may
submit evidence that all of the work has been completed and approved by
County staff.
2. Two months prior to the time of the second year of operation, the applicant must
submit evidence of an approved Access Permit from CDOT and an approved
Traffic Control Plan to the Department of Planning Services.
3. Upon completion of Condition of Approval #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 the Department of Planning Services. 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.
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. 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 three (3) month period.
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6. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review plat
is ready to be recorded in the office of the Weld County Clerk and Recorder.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 22nd day of September, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
ll,f LD COUNTY, COLORADO
w;R'
ATTEST: ice/ w� "�'9�_ a
X61 t fJ • •• `a a•emacher, air
Weld County Clerk to the Boa•
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`) � � � (�/ • f tiara Kirkmeyer, •ro-Tem
Dep ty Clerk to he Board U 6-19Sean P. C ay
APP D A •
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David E. Long
Date of signature: IL' Rito
2010-2170
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
KEVIN AND HEATHER WILLARD
C/O KYLE OSTRAND
USR-1754
1. Site Specific Development Plan and Use by Special Review Permit #1754 is for a
Recreational Facility with uses similar to those seen at guest farms and fairgrounds in
the A (Agricultural) Zone District, as indicated in the application materials on file, and is
subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right, pursuant to Section 23-8-10 of
the Weld County Code.
3. 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 which protects against surface and groundwater contamination.
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, Section 30-20-100.5, C.R.S.
5. Waste materials shall be handled, stored, and disposed of in a manner which controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions.
6. The applicant shall operate in accordance with the approved Waste Handling Plan.
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.
8. There shall be no open burning conducted on the site, with exception to burning defined
as "agricultural open burning" by Regulation No. 9 of the Colorado Air Quality Control
Commission Regulations.
9. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District, as delineated in Section 14-9-30 of the Weld County Code.
10 Adequate drinking, hand washing, and toilet facilities shall be provided for employees,
vendors and patrons of the facility, at all times.
11. Hand sanitizer shall be provided at the petting zoo, as well as signage indicating hands
shall be washed with soap and water.
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.
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13. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the
Colorado Department of Public Health and Environment, Water Quality Control Division.
14. The applicant shall comply with Colorado Retail Food Establishment Rules and
Regulations governing the regulation of food service establishments.
15. Materials used for paintball shall be considered non-toxic.
16. If applicable, the applicant shall comply with the Colorado Department of Agriculture
(CDA), Division of Animal Industry.
17. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
18. No parking or staging of vehicles on the county road is allowed. The site shall utilize
on-site parking areas only.
19. The applicant shall continue to follow Traffic Control Plans which 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.
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, shall be maintained at a maximum height of twelve (12)
inches until the area is completely developed
21. Ingress and egress to the facility shall be from the existing access along the 1-76
Frontage Road, east of County Road 47 (Oak Street).
22. Building Permits are required for Temporary Seasonal structures, including the
Admission Office/Booth, Karaoke Stage, Concert Stage, Large Outdoor Event Tent,
Children's Playground Equipment, and Zip Line Attraction.
23. The lighting on the site shall be maintained in accordance with the approved Lighting
Plan.
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. The applicant shall
include a Code Analysis Data sheet, provided by the Weld County Department of
Building Inspection, with each building permit. 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 separate on 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.
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25. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application. Currently, the following have 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, 2008 National Electrical Code, and Chapter 29 of the Weld County
Code.
26. Building permits will be required for the existing hay barn building if it will be utilized
under this Use by Special Review Permit.
27. All building plans shall be submitted to the Hudson Fire Protection District, for review
and approval, prior to issuance of building permits.
28. The facility shall develop a plan for emergency medical response for individuals requiring
medical attention within the corn maze.
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.
30. The Guest Farm operating days are limited from Tuesday through Sunday, between
July 1, through October 31, of any given year.
31. Hours of operation from July 1, to the last Saturday in September of any given year,
shall be Fridays, between 4:00 p.m., and 11:00 p.m., and Saturdays, between 9:00 a.m.,
and 11:00 p.m. Hours of operation from the last Sunday in September, to October 31 of
any given year, shall be as follows: closed on Mondays; Tuesday and Wednesdays,
from 11:00 a.m., to 6:00 p.m.; Thursdays, from 11:00 a.m., to 11:00 p.m.; Fridays, from
11:00 a.m., to 11:00 p.m.; Saturdays from 9:00 a.m., to 11:00 p.m.; and Sundays, from
11:00 a.m., to 10:00 p.m.
32. The Wild West Corn Maze is permitted for the following activities: Corn Maze, Haunted
Corn Maze, Children's Bale Maze, Live Music/Concerts, 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 and 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.
33. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
34. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
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35. Weld County Government personnel 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 Use 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.
38. The applicant shall post "No Smoking" signs in sufficient locations to ensure fire will not
be allowed near corn stalks or flammable areas.
39. The applicant shall remove, handle, and stockpile manure from the livestock area in a
manner which will prevent nuisance conditions. The manure piles shall not be allowed
to exist or deteriorate to a condition which facilitates excessive odors, flies, insect pests,
or pollutant.
40. The semi-trailer being utilized for advertisement of the Wild West Corn Maze shall be an
allowed use from the date of approval by the Board of County Commissioners. The
trailer shall be maintained in drivable condition and shall maintain current licensing.
41. The applicant shall maintain accurate counts of persons on the site, in hourly intervals,
during times when the facility is open to the public for the first year of operation, and
during the five events during summer months.
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