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HomeMy WebLinkAbout20260081 USE BY SPECIAL REVIEW PERMIT w Eta STAFF COMMENTS COUNTY,CO Planner: Angela Snyder Hearing Date: January 6, 2025 Case Number: USR25-0020 Owner: Jose and Susan Garcia 33546 County Road 49, Greeley, CO 80634 Site Address: 33546 County Road 49, Greeley, CO 80634 Request: A Use by Special Review for an Event Center, outside of subdivisions and historic townsites, in the A(Agricultural)Zone District Legal Lot B of Recorded Exemption RE-2786, being part of the NW4 of Section 18, T6N, Description: R64W, 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 Size of Parcel: ± 8.1 acres Parcel No. 0801-18-0-00-064 The criteria for review of this Special Review Permit are listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received referral responses with comments from the following agencies: ➢ Weld County Building Inspection, referral dated October 2, 2025 ➢ Weld County Department of Planning Services— Development Review, referral dated October 31, 2025 ➢ Weld County Department of Planning Services— Floodplain Administrator, referral dated October 31, 2025 The Department of Planning Services' staff has received referral responses without comments from the following agencies: ➢ Weld County Sheriff's Office, referral dated October 2, 2025 The Department of Planning Services' staff has not received responses from the following agencies: ➢ Colorado Parks and Wildlife ➢ Galeton Fire Protection District ➢ Weld County Oil and Gas Energy Department ➢ Weld County Department of Planning Services—Code Compliance Case Summary: The applicants are proposing an event center for weddings and other special occasions. The center will be called Lone Tree Creek Event Center. Most events will take place on Fridays and Saturdays, usually between the hours of 5pm and 10pm, between May and November. The applicants estimated three events per month with up to 150 event guests. No full-time employees are proposed. Guests will provide their own staff, such as caterers or security personnel. Waste is collected in a dumpster which is removed once per USR25-0020-Garcia Page 1 of 9 month. At least thirty-eight (38) parking spaces are required by the traffic memorandum supplied with the application, two (2)of which must be ADA-accessible. The applicants propose bottled water and portable toilets at first, with the intention to construct new bathroom facilities and an approved commercial Onsite Wastewater Treatment System in the near future. Portable toilets and bottled water are acceptable if the site is used less than six (6) months per year. Until permanent facilities are built, the site may be used only six (6) months per year. One portable toilet is recommended for every fifty(50)guests.The applicants are in the process of changing their domestic water well into a commercial well, at which point it could be used for events. If the OWTS system will be used by more than twenty (20) people in one (1) day, an EPA injection well permit may be required. Dust will be maintained with the placement of crushed asphalt and a water truck, as needed. This case is the result of Code Compliance Violation CCV24-00170 for operating an event center without a permit. Approval of this request and completion of the Conditions of Approval will correct the violation. DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST 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 Department of Planning Services' staff 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 USR25-0020—Garcia Page 2 of 9 also expresses a desire to eventually create employment opportunities, supporting long-term economic growth in a way that respects the area's character. 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 USR25-0020—Garcia Page 3 of 9 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 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 Department of Planning Services' staff 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) USR25-0020—Garcia Page 4 of 9 2. The applicant shall address the requirements of the Weld County Building Inspection Division, as stated in 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 (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) USR25-0020—Garcia Page 5 of 9 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) USR25-0020—Garcia Page 6 of 9 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 USR25-0020—Garcia Page 7 of 9 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 County Code. A Building Permit Application must be completed and two (2) complete sets of USR25-0020—Garcia Page 8 of 9 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 be commenced 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. USR25-0020—Garcia Page 9 of 9 DEPARTMENT OF PLANNING SERVICES 1402 North 17th Ave Greeley, CO 80631 Website: www.weld.gov COUNTY, CO Email: asnyder@weldgov.com Phone: (970) 400-3557 December 12, 2025 Fax: (970) 304-6498 Jose Garcia 33546 CR 49 Greeley, CO 80631 Subject: USR25-0020 - Use by Special Review for an Event Facility outside of subdivisions and historic townsites in the A(Agricultural)Zone District On parcel(s) of land described as: 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. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on January 6, 2026 at 1:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on January 28, 2026 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 0 Street, Greeley, Colorado. The property owner and/or authorized agent must be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the staff report one week prior to the scheduled Planning Commission hearing. You may view the staff report at https://aca- prod.accela.com/WELD/ Respectfully, Ageefeu.Acc-17.4,Liti:41.„iu, Angela Snyder Planner Hello