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HomeMy WebLinkAbout20260080 EXHIBIT 7/\ Before the Weld County, Colorado, Planning Commission s Resolution of Recommendation to the Board of County Commissioners Moved by Michael Biwer, 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: USR25-0020 Applicant. Jose and Susan Garcia Planner. Angela Snyder Request. Use by Special Review for an Event Facility outside of subdivisions and historic townsites in the A(Agricultural)Zone District Legal Description. Lot B 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. Location East of and adjacent to County Road 49; approximately 0.4 miles south of County Road 70. 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. The Lone Tree Creek Event Center is supported by the following Comprehensive Plan policies. 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 emphasizes a strong respect for the agricultural heritage of the area and commits to not interfering with ongoing agricultural operations. The venue maintains a residential appearance and does not require significant land alteration, ensuring that nearby farming activities can continue unhindered. 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 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. Section 22-2-30.C—Harmonize development with surrounding land uses. The event center is surrounded by a mix of agricultural, residential, and home-based businesses, and the applicant notes that 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. 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 expresses a desire to eventually create employment opportunities, supporting long-term economic growth in a way that respects the area's character. Resolution USR25-0020 Jose and Susan Garcia Page 2 Sec. 22-2-50.C. Minimize flood losses. Sec. 22-2-50.C.2. Encourage development to locate outside of flood-prone areas to reduce the loss of life and property. Facility structure and smaller parking area are outside the floodplain. 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 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-10. — Intent, of the Weld County Code 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) 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 shows that the noise levels at the property line are within the acceptable range and should not interfere with nearby agricultural operations. C. Section 23-2-220.A.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 about one-tenth (0.1) of a mile south. There are eight (8) USRs within one mile of the site: USR-1292 for an office and storage building, Amended AMUSR-100 for a two hundred (200)-dog kennel, USR-955 for a roping arena, USR-1401 for a portable restroom business, USR-682 for a feed lot, 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 eleven (11) surrounding property owners within five hundred (500)feet of the parent parcel. No letters of concern were received. The proposed use is in an area that can support this development and the existing screening, the Development Standards, and the Conditions of Approval 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 23-2-220.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 site is not located within the three(3)mile referral area or Coordinated Planning Agreement 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 Resolution USR25-0020 Jose and Susan Garcia Page 3 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 characteristics. Together, these conditions support a compatible setting for special-review uses such as event centers. E. Section 23-2-220.A.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 Program. Building Permits issued on the proposed lot will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The Natural Resources Conservation Services (NRCS) Soil Survey indicates that 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 23-2-220.A.7 — There is adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. 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 that there are adequate provisions for the protection of 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. 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. 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. (Development Review) 2. The applicant shall address the requirements of the Weld County Building Inspection Division, as stated in referral dated October 2, 2025. Resolution USR25-0020 Jose and Susan Garcia Page 4 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 (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 4. Show and label all recorded easements and rights-of-way shall be delineated on the map by book and page number or reception number. (Department of Planning Services) 5. 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. (Department of Planning Services - Floodplain) 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 on the map the existing right-of-way (along with its creating documents) and the physical location of the road. All setbacks shall be measured from the edge of the right-of-way. This road is maintained by Weld County. (Development Review) 7. Show and label the approved access location, the approved access width, and the appropriate turning radii; sixty-five (65) feet. (Development Review) 8. Show and label the approved tracking control. (Development Review) 9. 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 thirty-five (35)feet. (Development Review) 10. Show and label the drainage flow arrows. (Development Review) 11. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Development Review) 4. Upon completion of Condition of Approvals #1 and #2 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 one hundred twenty (120) 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) 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 3-month period. (Department of Planning Services) Resolution USR25-0020 Jose and Susan Garcia Page 5 6. Prior to Construction: A. The approved access shall be reconfigured to meet the geometric requirements for a commercial use. (Department of Planning Services—Development Review) B. The appropriate tracking control shall be constructed prior to on-site construction. (Department of Planning Services— Development Review) C. Any construction in the floodplain requires a floodplain permit. (Department of Planning Services - Floodplain) 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. (Department of Planning Services) Motion seconded by Cole Ritchey. VOTE: For Passage Against Passage Absent Butch White Michael Wailes Michael Palizzi Virginia Guderjahn Barney Hammond Michael Biwer Calven Goza Hunter Rivera Cole Ritchey 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 Commissioners for further proceedings. Certification of Cop, 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 January 6, 2026. Dated the 6th of January, 2026 Kristine Ranslem Secretary Resolution USR25-0020 Jose and Susan Garcia Page 6 USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Jose and Susan Garcia USR25-0020 1. Use by Special Review Permit No. USR25-0020 for an Event Facility outside of subdivisions and historic townsites in the A (Agricultural) Zone District, 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. Any future structures or uses on site must obtain the appropriate zoning and building permits. (Department of Planning Services 4. Events are limited to 150 participants. (Department of Planning Services) 5. The parking area on the site shall be maintained. (Department of Planning Services) 6. Lighting shall be maintained in accordance with the approved Lighting Plan (Department of Planning Services) 7. All signs shall adhere to Chapter 23, Article IV, and Division 2 of the Weld County Code. (Department of Planning Services) 8. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. (Development Review) 9. The access to the site shall be maintained to mitigate any impact to the public road, including damages and/or off-site tracking. (Development Review) 10. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized. (Development Review) 11. Any work that may occupy and or encroach upon any County rights-of-way or easement shall acquire an approved Right-of-Way Use Permit prior to commencement. (Development Review) 12. The Property Owner shall comply with all requirements provided in the executed Road Maintenance Agreement. (Development Review) 13. The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site visit and possible updates. (Development Review) 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 and prevent property damage of the type generally attributed to runoff rate and velocity increases, diversions, concentration and/or unplanned ponding of stormwater runoff. (Development Review) 15. Weld County is not responsible for the maintenance of any on-site drainage-related features. (Development Review) 16. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 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. (Department of Planning Services) 17. 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. The applicant shall Resolution USR25-0020 Jose and Susan Garcia Page 7 operate in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Planning Services) 18. This facility shall adhere to the maximum permissible noise levels allowed in Nonspecified Areas as delineated in Section 14-9-40 of the Weld County Code. The facility shall operate in accordance with the accepted noise report. (Department of Planning Services) 19. Temporary uses that are utilized for a time period of six 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. (Department of Planning Services) 20. Any On-site Wastewater Treatment System located on the property must comply with all provisions of the Weld County Code, pertaining to On-site Wastewater Treatment Systems. (Department of Planning Services) 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. The well permitted as 288677 cannot be used for the business unless it is repermitted for commercial use. (Department of Planning Services) 22. The facility shall comply with Colorado Retail Food Establishment Rules and Regulations governing the regulation of food service establishments. (Department of Planning Services) 23. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. (Department of Planning Services) 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, 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. (Department of Planning Services - Floodplain) 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. (Department of Planning Services - Floodplain) 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. (Department of Planning Services) 27. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties. Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in accordance with the map. Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with, or construed as, traffic control devices. (Department of Planning Services) 28. 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 has been adopted by Weld County: 2018 International Building Codes, 2018 International Energy Code, 2023 National Electrical Code, and Chapter 29 of the Weld Resolution USR25-0020 Jose and Susan Garcia Page 8 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, shall be required or an Open Hole Inspection. A building permit must be issued prior to the start of construction. (Department of Building Inspection) 29. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Facility Fee, County-Wide Road Impact Fee, and Drainage Impact Fee Programs. (Department of Planning Services) 30. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. (Department of Planning Services) 31. All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as amended. (Department of Planning Services) 32. 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. (Department of Planning Services) 33. 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. (Department of Planning Services) 34. 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. (Department of Planning Services) 35. 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 signed Resolution, unless otherwise specified by the Board of County Commissioners when issuing the original Permit, or the Permit shall be vacated. 36. A Use by Special Review 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. 37. 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. EXHIBIT D Summary of the Weld County Planning Commission Meeting Vse -00Q0 Tuesday, January 6, 2026 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building, Hearing Room, 1150 0 Street, Greeley, Colorado. This meeting was called to order by Chair Butch White, at 1:30 p.m. Roll Call Present: Barney Hammond, Butch White, Calven Goza, Cole Ritchey, Hunter Rivera, Michael Biwer, Michael Palizzi, Michael Wailes, Virginia Guderjahn Also Present: Angela Snyder, Department of Planning Services, Mike McRoberts, Development Review, Karin McDougal, County Attorney, and Kris Ranslem, Secretary. Case Number: USR25-0020 Applicant: Jose and Susan Garcia Planner: Angela Snyder Request Use by Special Review for an Event Facility outside of subdivisions and historic townsites in the A(Agricultural)Zone District. Legal Description: Lot B 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. Location. East of and adjacent to County Road 49; approximately 0.4 miles south of County Road 70. Angela Snyder, Planning Services, presented Case USR25-0020, reading the recommendation and comments into the record. Ms. Snyder noted that no written correspondence or telephone calls were received from surrounding property owners regarding this application. The Department of Planning Services recommends approval of this application along with conditions of approval and development standards. Mike McRoberts, Development Review, reported on the existing traffic, access to the site and drainage conditions for the site. Susan Garcia, 33546 County Road 49, Greeley, Colorado, stated that they found there was a need for affordable venues in Weld County. Their oldest daughter was married in 2019 and when looking at venues they found that the fees were not affordable so they built a barn to have their daughter's wedding in and had received multiple requests to host weddings at their site. 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 have 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. Motion: Forward Case USR25-0020 to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Michael Biwer, Seconded by Cole Ritchey. Vote: Motion carried by unanimous roll call vote (summary: Yes = 9). Yes: Butch White, Barney Hammond, Calven Goza, Cole Ritchey, Hunter Rivera, Michael Biwer, Michael Palizzi, Michael Wailes, Virginia Guderjahn. Meeting adjourned at 2:05 p.m. Respectfully submitted, Kristine Ranslem Secretary 1 ATT-ENDANCE RECORD NAME - PLEASE PRINT LEGIBLY ADDRESS EMAIL John Doe 123 Nowhere Street, City, State, Zip Dy,utk 361 f! f,It•l lD 2.,P 1� , clot 3 ,ota i2 A Aper ?ds�•�. G.,,, D �`fati / G= , 9Lj Cv & - Z 7 a l2e c7 SAA-D, Corn l /�� 3 0 Co oacu t� Z U d FiAl P��(( Coc/u5 l ✓, l&S 2t c es. a� 1 c, � � / �� � /�_� � c 1 �t q 7s-5i4‘ (_rz ` 'z.... (D �S Q G� �s�, r; 4r-c r 9l'20C 4-- ,J Hello