HomeMy WebLinkAbout20092450.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY
SPECIAL REVIEW PERMIT #1232 FOR A RECREATIONAL FACILITY, WITH USES
SIMILAR TO THOSE SEEN AT GUEST FARMS AND FAIRGROUNDS, IN THE
A (AGRICULTURAL) ZONE DISTRICT - ANDERSON SOUTH FARM, LLC, DBA
AMAIZEING FARM EVENTS / JIM ANDERSON
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 16th day
of September, 2009, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Anderson South Farm, LLC, dba aMAIZEing Farm Events / Jim
Anderson, 6876 County Road 5, Erie, Colorado 80516, c/o Todd Hodges Design, LLC,
1269 North Cleveland Avenue, Loveland, Colorado 80537, for a Site Specific Development Plan
and Amended Use by Special Review Permit #1232 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 A of Recorded Exemption #281; being part of
Section 32, Township 2 North, Range 68 West of
the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was present and represented by Todd
Hodges, Todd Hodges Design, LLC, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall be approved for the following
reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
a. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable Code provisions or ordinance in effect.
Section 22-2-20.8.3 (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
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AMENDED SPECIAL REVIEW PERMIT #1232 - ANDERSON SOUTH FARM, LLC, DBA
AMAIZEING FARM EVENTS / JIM ANDERSON
PAGE 2
tourism and recreation to local, regional and agricultural economies,
including events and sites such as corn mazes, County fairs, farm
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." This application is an amendment to an
existing permit approved by the Board of County Commissioners in 1999.
This application seeks to increase the numbers of persons utilizing this
facility on a daily basis for 26 special events throughout the calendar year
without requesting approval by the Board of County Commissioners for
each special event. The applicant seeks to hold six events, with a
maximum daily visitor population of up to 10,000 persons; 10 events with
a maximum daily visitor population of up to 5,000 persons; and 10 events
with a maximum daily visitor population of up to 1,200 persons. On all
other days of operations, the facility will be permitted for up to 499
persons, as approved under USR-1232.
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.
c. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The surrounding
area has large tract agricultural uses and mineral resource acquisition.
Reflection Bay Subdivision is one-half (1/2) mile northwest of the existing
facility.
Section 23-2-230.6.4 -- 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
Cities of Dacono and Firestone, the Towns of Erie and Frederick, and
Boulder County. The City of Dacono, in a referral dated July 29, 2008,
the Town of Erie, in a referral dated July 30, 2008, and the Town of
Frederick, in a referral dated July 31, 2008, all reviewed the request and
indicated no conflicts with their interests. The Town of Firestone and
Boulder County did not respond to the referral request.
e. Section 23-2-230.B.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
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AMENDED SPECIAL REVIEW PERMIT #1232 - ANDERSON SOUTH FARM, LLC, DBA
AMAIZEING FARM EVENTS / JIM ANDERSON
PAGE 3
required to adhere to the fee structure of the Capital Expansion Impact
Fee and the Stormwater/Drainage Impact Fee Programs.
f. Section 23-2-230.B.5 -- The site does not lie within any Overlay Districts.
g
Section 23-2-230.6.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. The site is designated as "Prime" by the United States
Department of Agriculture (U.S.D.A.) Soil Conservation Service. 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 23-2-230.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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Anderson South Farm, LLC, dba aMAIZEing
Farm Events / Jim Anderson, for a Site Specific Development Plan and Amended Use by
Special Review Permit #1232 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 AmUSR-1232.
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 3.25 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 3.25 shall be delineated on the plat. This road is maintained
by Weld County.
5) The screened trash enclosure for the facility.
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AMENDED SPECIAL REVIEW PERMIT #1232 - ANDERSON SOUTH FARM, LLC, DBA
AMAIZEING FARM EVENTS / JIM ANDERSON
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6) 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.
7) The applicant shall delineate the locations of all Stop signs.
8) The applicant shall amend General Note #2, on the submitted draft
plat, to accurately delineate the FEMA panel map and map date.
The correct panel map is number 080266 0860 C, dated
September 28, 1982.
B. The applicant shall submit evidence that a building permit has been
obtained for the Education Building and Haunted Theme Park, or for the
construction of any new structures. An annual permit will be required for
any alterations or additions to the Haunted Theme Park.
C. The applicant shall address the requirements of the Department of
Building Inspection, as stated in the referral response dated July 8, 2009.
Written evidence of approval, with all conditions met or mitigated, shall be
submitted to the Department of Planning Services.
D. The applicant shall address the concerns of the Mountain View Fire
Protection District, as stated in the referrals dated December 2, 2008, and
August 5, 2008. Written evidence of approval, with all conditions met or
mitigated, shall be submitted to the Department of Planning Services.
2. 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
ninety (90) days from the date of the Board of County Commissioners
Resolution. The applicant shall be responsible for paying the recording fee.
3. The Department of Planning Services respectfully 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 maps@co.weld.co.us.
4. Prior to commencement of operations:
A. The applicant shall complete an Improvements Agreement According to
Policy Regarding Collateral for Improvements and post adequate
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AMENDED SPECIAL REVIEW PERMIT #1232 - ANDERSON SOUTH FARM, LLC, DBA
AMAIZEING FARM EVENTS / JIM ANDERSON
PAGE 5
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.
5. In accordance with Weld County Code Ordinance #2005-7, approved June 1,
2005, should the plat not be recorded within the required ninety (90) 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.
6. The Amended Use by Special Review activity shall not occur, nor shall any
building or electrical permits be issued on the property, until the Amended 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 16th day of September, A.D., 2009.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Weld County Clerk to the
BY:
Deputy Clerk to the B
APPROVE -WAS TO
urtty Attorney
Date of signature: /0/7/09
Sean P. Conway
EXCUSED
Babra Kirkmeyer
David E. Long
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ANDERSON SOUTH FARM, LLC
DBA AMAIZEING FARM EVENTS / JIM ANDERSON
AMUSR #1232
1. The Site Specific Development Plan and Amended Use by Special Review Permit #1232
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 subject to the Development Standards stated hereon.
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 that 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 that 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 "agricultural
open burning" as defined 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 25-12-103, C.R.S.
10 Permanent hand washing and toilet facilities shall be provided for 200 people per day.
11. The facility shall utilize portable toilets and hand washing units to temporarily
supplement the sanitary facilities for the 26 temporary events per year.
12. The "Sewage Disposal and Portable Toilet Plan", dated June 30, 2009, shall be adhered
to at all times.
13. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
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DEVELOPMENT STANDARDS - ANDERSON SOUTH FARM, LLC, DBA AMAIZEING FARM
EVENTS / JIM ANDERSON (AMUSR #1232)
PAGE 2
14. The facility shall utilize the existing public water supply (Left Hand Water District).
15. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the
Colorado Department of Public Health and Environment, Water Quality Control Division.
16. The applicant shall comply with Colorado Retail Food Establishment Rules and
Regulations governing the regulation of food service establishments.
17. If applicable, the applicant shall comply with the Colorado Department of Agriculture
(CDA), Division of Animal Industry.
18. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
19. No parking or staging of vehicles on the County road is allowed; the facility shall use the
on -site parking area.
20. The applicant shall continue to 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.
21. Ingress and egress to the facility shall be from the existing access along County
Road 3.25.
22. Prior to the sale of any alcoholic beverages, the applicant shall apply for, and receive, all
appropriate State licenses.
23. The landscaping on the site shall be maintained in accordance with the approved
Landscape 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 all building permit submittal plans, and 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 Chapters 5 and 7 of the 2006 International Building Code. Fire Protection
and exiting requirements shall conform to Chapters 9 and 10.
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.
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DEVELOPMENT STANDARDS - ANDERSON SOUTH FARM, LLC, DBA AMAIZEING FARM
EVENTS / JIM ANDERSON (AMUSR #1232)
PAGE 3
26. Building permits will be required for the Haunted Theme Area and the Educational
Building if they will be utilized under this Amended Use by Special Review Permit.
27. The Education Building is permitted to utilize more than one cargo container in the
construction of this structure, per Section 23-3-40.AA of the Weld County Code.
28. All building plans shall be submitted to the Mountain View Fire Protection District, for
review and approval, prior to the issuance of building permits.
29. Annually, the facility is restricted to six (6) events with a maximum daily visitor population
of up to 10,000 persons; ten (10) events with a maximum daily visitor population of up to
5,000 persons; and ten (10) events with a maximum daily visitor population of up to
1,200 persons per day. On all other days of operation, the facility will be permitted for up
to 499 participants at any one time, as approved under USR-1232. For the purposes of
AmUSR-1232, an "event" is considered to be one (1) day in duration. No Temporary
Assembly Permit shall be necessary for the events as described and allowed herein.
30. The existing tail water ditch downstream of the overflow parking lot area shall be used as
a water quality feature. It shall be maintained using the Best Management Practices.
Should sediment from this water quality feature enter into the Boulder Creek waterway,
additional measures will be required as determined by the Weld County Department of
Public Works.
31. A right -turn deceleration lane is warranted for the project site access, based on the
turning movement figures in the Traffic Study. The Weld County Department of Public
Works is not requiring the construction of the right -turn deceleration lane; however, if the
number of events or volumes increase beyond the submitted information within the
Traffic Study, the construction of a right -turn deceleration lane will be required at the cost
of the applicant.
32. The overflow (secondary) parking area shall place the single point of ingress and egress
seventy-five feet from the southernmost property line of the Anderson Farm property.
This access shall be gated, unless the maximum daily visitor population exceeds 1,200
persons.
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.
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 Amended Use by Special Review area shall be limited to the plans shown here on
and governed by the foregoing standards and all applicable Weld County regulations.
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DEVELOPMENT STANDARDS - ANDERSON SOUTH FARM, LLC, DBA AMAIZEING FARM
EVENTS / JIM ANDERSON (AMUSR #1232)
PAGE 4
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.
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