HomeMy WebLinkAbout20260079 Resolution
Approve Use by Special Review Permit, USR25-0020, for an Event Facility outside
of subdivisions and historic townsites in the A (Agricultural) Zone District —
Jose and Susan Garcia
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 28th day of
January, 2026, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose
of hearing the application of Jose and Susan Garcia, 33546 County Road 49, Greeley,
Colorado 80631, for Use by Special Review Permit, USR25-0020, for an Event Facility
outside of subdivisions and historic townsites in the A (Agricultural) Zone District, on the
following described real estate, being more particularly described as follows:
Lot B of Recorded Exemption, RE-2786; being part of the NW1/4 of
Section 18, Township 6 North, Range 64 West of the 6th P.M., Weld
County, Colorado
Whereas, at said hearing, the applicants were present, and
Whereas, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
Whereas, the Board of County Commissioners heard all of the testimony and statements
of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission, and all of the exhibits and evidence presented in this
matter, and having been fully informed, finds that this request shall be approved for the
following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. The applicant has demonstrated that the request is in conformance 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 ordinances in effect The Lone Tree
Creek Event Center is supported by the following Comprehensive Plan
policies.
1) Section 22-2-30.A.1 — Land use changes should not inhibit
agricultural production nor operations. The proposed event center is
designed to coexist with surrounding agricultural uses, without
disrupting them. The applicant emphasized a strong respect for the
agricultural heritage of the area and commited to not interfering with
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ongoing agricultural operations. The venue maintains a residential
appearance and does not require significant land alteration, ensuring
that nearby farming activities can continue unhindered.
2) Section 22-2-30.A.2 — Limit the density and intensity of development
to maintain agricultural areas. The development is intentionally
low-density and seasonal, with a maximum of three (3) events, per
month, from May to November. The site accommodates up to 150
guests, per event, and does not involve permanent high-traffic or
high-intensity commercial activity. This limited use helps preserve
the rural character and agricultural viability of the surrounding area.
3) Section 22-2-30.0 — Harmonize development with surrounding land
uses. The event center is surrounded by a mix of agricultural,
residential, and home-based businesses, and the applicant noted the
venue will blend well with these uses. The barn structure used for
events retains a rural aesthetic, and natural landscaping and fencing
are used to maintain visual harmony. Noise abatement strategies,
such as monitoring decibel levels and closing barn doors, further
support compatibility with neighbors.
4) Section 22-2-40.A — Support compatible economic development
• opportunities. The Lone Tree Creek Event Center provides a locally
driven economic opportunity that aligns with the rural setting. It offers
a venue for community gatherings and celebrations. The applicant
also expressed a desire to eventually create employment
opportunities, supporting long-term economic growth in a way that
respects the area's character.
5) Section 22-2-50.C.2 — Encourage development to locate outside of
flood-prone areas to reduce the loss of life and property. The facility
structure and smaller parking area are outside the floodplain;
however, the main parking area is in the floodplain. Any grading or
addition of road base material will require a Floodplain Development
Permit to ensure compliance with the Weld County Floodplain
Management Ordinance, Chapter 23, Article XI, Weld County Code.
B. Section 23-2-230.B.2—The proposed use is consistent with the intent of the
A (Agricultural) Zone District.
1) Section 23-3-10 — Intent, states: "Agriculture in the County is
considered a valuable resource, which must be protected from
adverse impacts resulting from uncontrolled and undirected
business, industrial and residential land uses. The A (Agricultural)
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Zone District is established to maintain and promote agriculture as
an essential feature of the County. The A (Agricultural) Zone District
is intended to provide areas for the conduct of agricultural activities
and activities related to agriculture and agricultural production, and
for areas for natural resource extraction and energy development,
without the interference of other, incompatible land uses." Event
centers are allowed in the A (Agricultural) Zone District, per Section
23-3-40.K of the Weld County Code. The proposed event center,
located within an existing barn, physically blends into the agricultural
surroundings. Events are proposed to occur intermittently. The Noise
Study and Abatement Plan submitted with the application show the
noise levels at the property line are within the acceptable range and
should not interfere with nearby agricultural operations.
C. Section 23-2-230.B.3 —The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent lands consist of
pastures, crops, and rural residences. The closest residence is
approximately one-tenth (0.1) of a mile south. There are eight (8) USRs
within one (1) mile of the site: USR-1292, for an office and storage building;
AMUSR-100, for a 200-dog kennel; USR-955, for a roping arena;
USR-1401, for a portable restroom business; USR-682, for a feedlot;
USR12-0027, for a mineral resource development facility; USR18-0077, for
a pipeline; and USR15-0015, for a home business. The Weld County
Department of Planning Services sent notice to 11 surrounding property
owners (SPOs)within 500 feet of the parent parcel and no letters of concern
were received. The proposed use is in an area that can support this
development, and the existing screening, Conditions of Approval and
Development Standards will assist in mitigating the impacts of the facility on
the adjacent properties and ensure compatibility with surrounding land uses
and the region.
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 site is not located within the three (3) mile referral area
or Coordinated Planning Agreement (CPA) area of an incorporated
municipality or a County. The Comprehensive Plan identifies this area as
containing a blend of urban-scale and non-urban-scale development,
creating a transitional development pattern. Urban-scale uses in the vicinity
benefit from public water and improved internal infrastructure, while nearby
non-urban-scale developments maintain smaller-lot, lower-intensity rural
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characteristics. Together, these conditions support a compatible setting for
Use by Special Review Permit uses, such as event centers.
E. Section 23-2-230.B.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The property is located within
the A-P (Airport) Overlay District. Any vertical development will require
consultation with the Greeley-Weld County Airport. Much of the property is
in Special Flood Hazard Area, Zone A. A Floodplain Development Permit is
required for all construction or development occurring in the floodplain,
including the placement of crushed asphalt or access modifications. Flood
Hazard Development Permit application, FHDP25-0040, was submitted
with the application and is currently under review. The property is not within
the 1-25 Overlay District, Geologic Hazard Overlay District, MS4 - Municipal
Separate Storm Sewer System area, Historic Townsites Overlay District, or
Agricultural Heritage Overlay District. Building Permits issued on the lot will •
be required to adhere to the fee structure of the County-Wide Road Impact
Fee, County Facility Fee, and Drainage Impact Fee Programs.
F. Section 23-2-230.B.6 — The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The Natural Resources Conservation Services (NRCS) Soil Survey
indicated 73% of the site consists of Colombo clay loam with 0-1% slopes,
considered prime farmland, if irrigated, and 27% Aquolls and Aquepts,
flooded, considered prime farmland if drained and either protected from
flooding or not frequently flooded during the growing season. The home and
event center are located on an eight (8)-acre parcel adjacent to Lone Tree
Creek. No productive farmland is being removed with this request.
G. Section 23-2-230.B.7 — The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards can ensure
there are adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County. This proposal
has been reviewed by the appropriate referral agencies, and it has been
determined that the attached 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 and will address and mitigate impacts on the surrounding area with
the operation of this facility.
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Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the application of Jose and Susan Garcia, for Use by Special Review
Permit, USR25-0020, for an Event Facility outside of subdivisions and historic townsites
in the A (Agricultural) Zone District, on the parcel of land described above, be, and hereby
is, granted subject to the following conditions:
1. A Road Maintenance Agreement is required at this location. Road maintenance
includes, but is not limited to, dust control and damage repair to specified haul
routes.
2. The applicant shall address the requirements of the Weld County Building
Inspection Division, as stated in the referral, dated October 2, 2025.
3. Prior to recording the map:
A. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR25-0020.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall show and label all recorded easements and
rights-of-way shall be delineated on the map by book and page
number or Reception number.
5) The applicant shall show and label the floodplain and floodway (if
applicable) boundaries on the map. Label the floodplain boundaries
with the FEMA Flood Zone and FEMA Map Panel Number.
6) County Road 49 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road, which requires
60 feet of right-of-way at full buildout. The applicant shall delineate
and label the existing right-of-way (along with its creating
documents) and the physical location of the road on the map. All
setbacks shall be measured from the edge of the right-of-way. This
road is maintained by Weld County.
7) The applicant shall show and label the approved access location, the
approved access width, and the appropriate turning radii; 65 feet.
8) The applicant shall show and label the approved tracking control.
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9) The applicant shall show and label the entrance gate, if applicable.
An access approach that is gated shall be designed so that the
longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event shall the
distance from the gate to the edge of the traveled surface be less
than 35 feet.
10) The applicant shall show and label the drainage flow arrows.
11) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
4. Upon completion of Condition of Approvals #1 through #3 above, the applicant
shall submit one (1) electronic copy (.pdf) of the map for preliminary approval to
the Weld County Department of Planning Services. Upon approval of the map the
applicant shall submit a paper map along with all other documentation required as
Conditions of Approval. The paper map shall be recorded in the office of the Weld
County Clerk and Recorder by the Department of Planning Services. The map
shall be prepared in accordance with the requirements of Section 23-2-260.D of
the Weld County Code. The paper map and additional requirements shall be
submitted within 120 days from the date of the Board of County Commissioners'
Resolution. The applicant shall be responsible for paying the recording fee.
5. In accordance with Appendix 5-J of the Weld County Code, should the map not be
recorded within the specified timeline from the date of the Board of County
Commissioners Resolution, a $50.00 recording continuance fee shall be added for
each additional three (3)-month period.
6. Prior to Construction:
A. The approved access shall be reconfigured to meet the geometric
requirements for a commercial use.
B. The appropriate tracking control shall be constructed.
C. Any construction in the floodplain requires a Floodplain Permit.
7. The Use by Special Review is not perfected until the Conditions of Approval are
•
completed and the map is recorded. Activity shall not occur, nor shall any Building
or Electrical permits be issued on the property, until the Use by Special Review
map is ready to be recorded in the office of the Weld County Clerk and Recorder
or the applicant has been approved for an early release agreement.
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Use by Special Review Permit
Development Standards
Jose and Susan Garcia
USR25-0020
1. Use by Special Review Permit, USR25-0020, is for an Event Facility outside of
subdivisions and historic townsites in the A (Agricultural) Zone District, 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. Any future structures or uses onsite must obtain the appropriate Zoning and
Building Permits.
4. Events are limited to 150 participants.
5. The parking area on the site shall be maintained.
6. Lighting shall be maintained in accordance with the approved Lighting Plan.
7. All signs shall adhere to Chapter 23, Article IV, and Division 2 of the Weld County
Code.
8. The property owner or operator shall be responsible for controlling noxious weeds
on the site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
9. The access to the site shall be maintained to mitigate any impact to the public road,
including damages and/or off-site tracking.
10. There shall be no parking or staging of vehicles on public roads. On-site parking
shall be utilized.
11. Any work that may occupy and/or encroach upon any County rights-of-way or
easement shall require an approved Right-of-Way Use Permit prior to
commencement.
12. The property owner shall comply with all requirements provided in the executed
Road Maintenance Agreement.
13. The Road Maintenance Agreement for this site may be reviewed on an annual
basis, including a site visit and possible updates.
14. The historical flow patterns and runoff amounts will be maintained on the site in
such a manner that it will reasonably preserve the natural character of the area
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and prevent property damage of the type generally attributed to runoff rate and
velocity increases, diversions, concentration and/or unplanned ponding of
stormwater runoff.
15. Weld County is not responsible for the maintenance of any on-site drainage related
features.
16. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and
Facilities Act, C.R.S. §30-20-100.5) shall be stored and removed for final disposal
in a manner that protects against surface and groundwater contamination.
17. Waste materials shall be handled, stored, and disposed of in a manner that
controls fugitive dust, fugitive particulate emissions, blowing debris, and other
potential nuisance conditions. The applicant shall operate in accordance with
Chapter 14, Article I of the Weld County Code.
18. This facility shall adhere to the maximum permissible noise levels allowed in
Non-specified Areas, as delineated in Section 14-9-40 of the Weld County Code.
The facility shall operate in accordance with the accepted Noise Report.
19. For temporary uses that are utilized for a time period of six (6) months or less,
portable toilets and bottled water are acceptable. Records of maintenance and
proper disposal for portable toilets shall be retained on a quarterly basis and
available for review by the Weld County Department of Public Health and
Environment. Portable toilets shall be serviced by a cleaner licensed in Weld
County, contain hand sanitizers and be screened from public view.
20. Any On-site Wastewater Treatment System (OWTS) located on the property must
comply with all provisions of the Weld County Code, pertaining to (OWTS).
21. Adequate drinking, hand washing, and toilet facilities shall be provided for
employees and patrons of the facility at all times. A permanent, adequate water
supply shall be provided for drinking and sanitary purposes, as appropriate.
22. The facility shall comply with Colorado Retail Food Establishment Rules and
Regulations governing the regulation of food service establishments.
23. The operation shall comply with all applicable rules and regulations of state and
federal agencies and the Weld County Code.
24. A Flood Hazard Development Permit is required for all construction or
development occurring in the floodplain or floodway, as delineated on Federal
Emergency Management Agency (FEMA) FIRM Community Panel Map
#08123C-1575F, issue date November 30, 2023 (Lone Tree Creek Floodplain).
Any development shall comply with all applicable Weld County requirements,
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Colorado Water Conservation Board requirements, as described in Rules and
Regulations for Regulatory Floodplains in Colorado, and FEMA regulations and
requirements, as described in 44 CFR parts 59, 60, and 65. The FEMA definition
of development is any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, mining, dredging, filling,
grading, paving, excavation, drilling operations, or storage of equipment and
materials.
25. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the
start of any development activities, the owner should contact Weld County to
determine if the floodplain boundaries have been modified.
26. The site is located within the A-P (Airport) Overlay District. All construction shall
be required to comply with Chapter 23, Article VI, Division 1 of the Weld County
Code, as amended.
27. Building Permits may be required for any new construction, set up of manufactured
structures, or change of use of existing buildings, per Section 29-3-10 of the Weld
County Code. Buildings and structures 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: 2018 International Codes, 2018 International
Energy Conservation Code, 2023 National Electrical Code, and Chapter 29 of the
Weld County Code. A Building Permit application must be completed and two (2)
complete sets of engineered plans, bearing the wet stamp of a Colorado registered
architect or engineer, must be submitted for review. A Geotechnical Engineering
Report, performed by a Colorado registered engineer, or an Open Hole Inspection
shall be required. A Building Permit must be issued prior to the start of construction.
28. Building Permits issued on the proposed lots will be required to adhere to the fee
structure of the County-Wide Road Impact Fee, County Facility Fee, and Drainage
Impact Fee Programs.
29. The property owner or operator shall be responsible for complying with the Design
and Operation Standards of Chapter 23 of the Weld County Code.
30. All buildings shall comply with the setback from oil and gas wells, per
Section 23-4-700, as amended.
31. 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.
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32. The Use by Special Review area shall be limited to the plans shown hereon and
governed by the foregoing standards and all applicable Weld County regulations.
Substantial changes from the plans or Development Standards, as shown or •
stated, shall require the approval of an amendment of the Permit by the Weld
County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the
office of the Department of Planning Services.
33. 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.
34. Construction or use pursuant to approval of a Use by Special Review Permit shall
commence within three (3) years from the date of Board of County Commissioners
Resolution, unless otherwise specified by the Board of County Commissioners
when issuing the original Permit, or the Permit shall be vacated.
35. A Use by Special Review Permit shall terminate when the use is discontinued for
a period of three (3) consecutive years, the use of the land changes or the time
period established by the Board of County Commissioners through the approval
process expires. The landowner may notify the Department of Planning Services
of a termination of the use, or Planning Services staff may observe that the use
has been terminated. When either the Department of Planning Services is notified
by the landowner, or when the Department of Planning Services observes that the
use may have been terminated, the Planner shall send certified written notice to
the landowner asking that the landowner request to vacate the Use by Special
Review Permit.
36. In such cases where the Use by Special Review has terminated but the landowner
does not agree to request to vacate the Use by Special Review Permit, a hearing
shall be scheduled with the Board of County Commissioners to provide the
landowner an opportunity to request that the Use by Special Review Permit not be
vacated, for good cause shown. The landowner shall be notified at least ten (10)
days prior to the hearing. If the Board of County Commissioners determines that
the Use by Special Review has terminated and no good cause has been shown
for continuing the permit, then the termination becomes final, and the Use by
Special Review Permit is vacated.
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The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 28th day of January, A.D., 2026:
Scott K. James, Chair: Aye • •�,
Jason S. Maxey, Pro-Tem: Aye sLas
Perry L. Buck: Aye `.
Lynette Peppier: Aye ,ear ttk2)
�'
Kevin D. Ross: Aye
Approved as to Form: ®� ,0�
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
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