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HomeMy WebLinkAbout20051862.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Fritzler Case Number AMUSR-1268 Submitted or Prepared Prior to At Hearing Hearing \' 1 Staff Comments X e-mail from applicant , 'l/1110'> (I<1,y Department of Planning Services Field Check Form Letter to Applicant •' Affidavit and photograph of sign posting Legal Notifications N 2 Application X Maps Deed/ Easement Certificate/Certificate of Conveyance Surrounding Property/Mineral Owners Utilities Soil Survey 3 Referral List X Referrals without comment Weld County Zoning Compliance, referral received 2/15/2005 City of Evans, referral received 3/11/2005 4 Referrals with comments X LaSalle Fire Protection District, referral received 3/30/2005 Town of Gilcrest, referral'aa}i S/cy/7wJ y Western Mutual Ditch Company, referral received 4/5/2005 Central Weld County Water District, referral received 3/10/2005 ` Department of Agriculture,Animal Industry Division, referral received 3/4/2005 ` Colorado Department of Transportation, referral received 3/7/2005 Weld County Department of Public Works, referral received 3/3/2005 Weld County Department of Building Inspection, referral received 3/10/2005 Division of Oil and Public Safety, referral received 2/11/2205 Weld County Department of Public Health and Environment, referral received 3/21/2005 "•` 5 Surrounding Property Owners- Letters x EXHIBIT 2005-1862 1 A 144O2-1 V42 , 5a Buderus I x ' 6 PC Exhibits x N 6a May 3 staff memo x 6b sign age plan x • 6c excerpts from code x • 6d reduced site layout x N.' 6e landscape buffering x • 6f Agpro letter to Grasmick x N. 6g Lighting Plan x • 6h Agpro letter to Lasalle FDP x • 6i Agpro letter to Gilcrest x \ 6j response to staff x �' 6k health comment x 7 l'lannu ig co,,a uiooivi i IZwOlutivi r- X I hereby certify that the 7 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commissioners hearing. Ac �1P'/! ,//mot Sheri Lockman •:• Planner II LAND USE APPLICATION SUMMARY SHEET COLORADO Planner: Sheri Lockman Case# : AMUSR-1268 Hearing Date: May 3, 2005 Applicant: Glen Fritzler c/o Edward J. and M.E. Fritzler Address: 15630 State Hwy 256, LaSalle, CO 80645 Request: A Site Specific Development Plan and a Special Review Permit for a Recreational Facility with uses similar to those seen at guest farms and fairgrounds in the A (Agricultural)Zone District. (For complete list of uses see application) Legal Description: Part of the NE4 Section 22,Township 4 North, Range 66 West of the 6'"P.M.,Weld County, Colorado Location: South of and adjacent to State Highway 256, West of and adjacent to State Highway 85; '/z mile east of County Road 31 Parcel#: 1057 22 000008 and 1057 22 000009 Parcel Size: 102 +/- acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received responses from the following agencies: • Weld County Zoning Compliance, referral received 2/15/2005 Weld County Department of Public Health and Environment, referral received 3/21/2005 Weld County Department of Public Works, referral received 3/3/2005 • Weld County Department of Building Inspection, referral received 3/10/2005 • LaSalle Fire Protection District, referral received 3/30/2005 • Central Weld County Water District, referral received 3/10/2005 • Department of Agriculture, Animal Industry Division, referral received 3/4/2005 • Colorado Department of Transportation, referral received 3/7/2005 • Town of Gilcrest, referral received 3/28/2005 • City of Evans, referral received 3/11/2005 • Division of Oil and Public Safety, referral received 2/11/2205 • Western Mutual Ditch Company, referral received 4/5/2005 The Department of Planning Services'staff has not received responses from the following agencies: • Weld County Sheriffs Office AMUSR-1268 Fritzler 1 EXHIBIT I ‘tt SPECIAL REVIEW PERMIT WIWDe ADMINISTRATIVE REVIEW COLORADO Planner: Sheri Lockman Case# : AMUSR-1268 Hearing Date: May 3, 2005 Applicant: Glen Fritzler c/o Edward J. and M.E. Fritzler Address: 15630 State Hwy 256, LaSalle, CO 80645 Request: A Site Specific Development Plan and a Special Review Permit for a Recreational Facility with uses similar to those seen at guest farms and fairgrounds in the A(Agricultural)Zone District. (For complete list of uses see application) Legal Description: Part of the NE4 Section 22,Township 4 North, Range 66 West of the 6th P.M.,Weld County, Colorado Location: South of and adjacent to State Highway 256, West of and adjacent to State Highway 85; '/: mile east of County Road 31 Parcel #: 1057 22 000008 and 1057 22 000009 Parcel Size: 102 +/- acres THE 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.A.Policy 1.3 states"Allow commercial and industrial uses, which are directly related to, or dependent upon agriculture, to locate within the A(Agricultural) Zone District when the impact to surrounding properties is minimal,and where adequate services and infrastructure are currently available or reasonably obtainable. b. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural)Zone District. Section 23-3-40.C.5, Section 23-3-40.C.6 and Section 23-3-40.V of the Weld County Code provide for guest farms, fairgrounds and similar uses as a Use by Special Review in the A(Agricultural)Zone District. c. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. Surrounding properties are agricultural in nature.Conditions of Approval and Development Standards will mitigate negative impacts on surrounding homes. AMUSR-1268 Fritzler 2 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 lies within the 3 mile referral area for the City of Evans. In a referral response dated March 11, 2005, Evans indicated no conflict with their interests. The site also lies within the recently approved Intergovernmental Agreement boundary for the Town of Gilcrest.The application was submitted prior to the adoption of the Intergovernmental Agreement. In a referral response dated March 24,2005,the Town of Gilcrest is requesting the applicant sign an agreement to annex into the town within two years. e. Section 23-2-220.A.5 --The site does not lie within any Overlay Districts. Effective January 1,2003, Building Permits issued on the lot will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) 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 site is designated as "Prime" by the U.S.D.A Soil Conservation Service.The agricultural activities on the property are an important part of the proposed use. g. Section 23-2-220.A.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 ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. 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. Prior to scheduling a Board of County Commissioners hearing: A. The applicant shall submit a detailed signage plan to the Weld County Department of Planning Services. The plan shall indicate location, type, if illuminated and size of all proposed signs and banners.The plan should also include no smoking signs and the proposed 60'flagpole and type of flag. The applicant shall obtain a written approval from the Colorado Department of Transportation prior to submittal. Further,the proposed signs shall be in compliance with Section 23-4-110 of the Weld County Code which prohibits the following: 1) Mechanical or electrical appurtenances,such as"revolving beacons"which are obviously designed just to compel attention. 2) Flashing signs located within five hundred (500)feet of an intersection. 3) Any sign located so as to conflict with the clear and obvious appearance of public devices controlling public traffic. 4) Signs or components of signs that change physical position or light intensity by any movement or rotation of the physical sign or components which make up the sign or which give the visual impression of movement or rotation. 5) Motor vehicles, trailers or portable bases with wheels or to which wheels may be readily affixed used as a sign structure. (Department of Planning Services) AMUSR-1268 Fritzler 3 B. The plat does not adequately show where structures and entertainment features will be located. The applicant shall submit an amended scaled plat which delineates the location of structures and entertainment features as well as the intended use of the area labeled "Room to Grow".All uses/structures listed in the application material but not specifically shown on the plat shall be located in the area labeled Entertainment Area. (Department of Planning Services) C. The applicant shall submit a Landscape/Screening Plan to the Department of Planning Services for review and approval. The Plan is intended to mitigate the impact for surrounding property owners.At a minimum, the applicant shall maintain 10 feet of corn rows around the perimeter of the property (except adjacent to Highway 85). (Department of Planning Services) D. The applicant shall submit a written proposal to the Department of Planning Services indicating how he plans to address the concerns of the Western Mutual Ditch Company as indicated in a referral dated April 4 ,2005 from Bradley C. Grasmick, c/o Lind, Lawrence and Ottenhoff, Attorneys at Law. (Department of Planning Services) E. The applicant shall submit a Traffic Impact Study to the Colorado Department of Transportation for review and approval.Written evidence that the Traffic Impact Study has been reviewed by the Colorado Department of Transportation shall be submitted to the Department of Planning Services. (Colorado Department of Transportation) F. Application materials include a letter from Kerr-McGee Rocky Mountain Corporation. The letter indicates they wish to be contacted if there are changes to the design of the site. Prior to Scheduling the Board of County Commissioners hearing, the applicant is required to submit an amended plat which shows the location of structures and entertainment features. The applicant shall submit written evidence from Kerr-McGee to the Department of Planning Services indicating that they have reviewed the additional information and that oil and gas activities have been adequately incorporated into the design of the site and that mineral owners concerns have been mitigated. (Department of Planning Services) 2. Prior to recording the plat: A. The applicant shall submit a waste handling plan, for approval, to the Environmental Health Services Division of the Weld County Department of Public Health& Environment. The applicant shall submit written evidence of approval to the Department of Planning Services. The plan shall include at a minimum, the following: 1) A list of wastes which are expected to be generated on site(this should include expected volumes and types of waste generated). 2) A list of the type and volume of chemicals expected to be stored on site. 3) The waste handler and facility where the waste will be disposed(including the facility name, address, and phone number). (Department of Public Health and Environment) B. In accordance with Setion 23-2-250. D of the Weld County Code, the applicant shall submit a Lighting Plan to the Department of Planning Services for review and approval. The Plan shall include adequate lighting that can be made available for people inside the corn maze in case of an emergency situation. (Department of Planning Services) C. Application materials indicate that the site will be serviced by Central Weld County Water District through tap #406. Tap #406 also serves a home on an adjacent property. The applicant shall submit written evidence to the Department of Planning Services from Central Weld County Water District indicating that they approve the use of tap#406 for both uses on separate parcels or the AMUSR-1268 Fritzler 4 applicant shall submit evidence that an additional water tap has been purchased for the site. (Department of Planning Services) D. The applicant shall attempt to address the requirements(concerns)of the LaSalle Fire Protection District, as stated in the referral response dated March 24, 2005. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (LaSalle Fire Protection District) E. The applicant shall attempt to address the requirements (concerns)of the Town of Gilcrest, as stated in the referral response dated March 24, 2005. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Town of Gilcrest) F. The application indicates that currently two trailers are being used for storage.The Weld County Code does not allow this use. The applicant shall submit evidence remove the trailers from the site. (Department of Planning Services) G. The plat shall be amended to delineate the following: 1) All Sheets of the plat shall be labeled AMUSR-1268 (Department of Planning Services) 2) The plat shall meet all requirements as listed in Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 3) The attached Development Standards. (Department of Planning Services) 4) The applicant has indicated that there will be an entrance and exist through the proposed site. The applicant shall widen the access road to 24 feet to accommodate two-way traffic in both directions. (Department of Public Works) 5) The applicant shall indicate a parking lot on the south side of the large irrigation ditch. The existing crossing is narrow with no turning radiuses, and it is unsafe for school busses or larger vehicles. There is parking on the north side of the irrigation ditch for all other vehicles. (Department of Public Works) 6) The north/south road shall be designated as a one-way out only. (Department of Public Works) 7) Upon review of the Traffic Impact Study, all improvements or changes to access design required by the Colorado Department of Transportation shall be incorporated into the design of the site and indicated on the plat. (Colorado Department of Transportation) H. The applicant shall complete all proposed improvements including landscaping, lighting, access and road upgrades and parking lot requirements or enter into an Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for all required materials. The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the USR plat. (Department of Planning Services) I. Traffic is currently accessing directly onto State Highway 85 from the site. The applicant shall submit a plan to ensure that traffic does not cross the burrow ditch to access the site. Evidence of approval from the Colorado Department of Transportation shall be submitted to the Department of Planning Services. (Department of Planning Services) J. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) AMUSR-1268 Fritzler 5 3. Upon completion of 1. and 2. 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 Department of Planning Services'Staff. 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 thirty (30) 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) 4. The Department of Planning Services respectively 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 mapsco.weld.co.us. (Department of Planning Services) 5. Prior to issuance of building permits: A. A stormwater discharge permit may be required for a development/redevelopment/construction site where a contiguous or non-contiguous land disturbance is greater than or equal to one acre in area. The applicant shall inquire with the Water Quality Control Division (WQCD) of the Colorado Department of Public Health and Environment at www.cdphe.state.co.us/wq/ PermitsUnit if they are required to obtain a stormwater discharge permit. Alternately, the applicant can provide evidence from WQCD that they are not subject to these requirements. (Department of Public Health and Environment) 6. Prior to the issuance of the Certificate of Occupancy: A. An individual sewage disposal system is required for the proposed barn/concession stand with kitchen and shall be installed according to the Weld County Individual Sewage Disposal Regulations. (Department of Public Health and Environment) B. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. (Department of Public Health and Environment) C. The applicant shall submit evidence that they have an insurance policy written by an insurance company authorized to do business in the state of Colorado or by a surplus lines insurer, in an amount of not less that$100,000 per occurrence with a$300,000 annual aggregate for Class A amusement rides (as designated by the Department of Labor and Employment) and all other recreational amenities insuring the owner or operator against liability for injury to persons arising out of the use of the amusement ride. (Department of Labor and Employment and the Department of Planning Services) 7. Prior to operation: A. The approach and the main east/west road shall have additional gravel palled to accommodate school buses and other vehicles utilizing the facility. (Department of Public Works) B. No smoking signs shall be placed in sufficient locations to ensure fire will not be allowed near corn stalks or flammable areas. (Department of Planning Services) 8. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) AMUSR-1268 Fritzler 6 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Glen Fritzler c/o Edward J. and M.E. Fritzler AMUSR-1268 1. The Site Specific Development Plan and Special Use Permit 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. (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. The applicant shall maintain compliance with the Department of Labor and Employment,Oil and Public Safety 7CCR 1101-12,Carnivals and Amusement Parks regulations at all times. (Department of Labor and Employment) 4. The applicant shall have an insurance policy written by an insurance company authorized to do business in the state of Colorado or by a surplus lines insurer, in an amount of not less that$100,000 per occurrence with a$300,000 annual aggregate for Class A amusement rides(as designated by the Department of Labor and Employment) and all other recreational amenities insuring the owner or operator against liability for injury to persons arising out of the use of the amusement ride. (Department of Labor and Employment and the Department of Planning Services) 5. Should the applicant place any Class B amusement rides on site(as designated by the Department of Labor and Employment)he shall obtain an insurance policy written by an insurance company authorized to do business in the state of Colorado or by a surplus lines insurer, in an amount of not less that $1 million per occurrence insuring the owner or operator against liability for injury to persons arising out of the use of the amusement ride. (Department of Labor and Employment) 6. All uses listed in the application material but not specifically shown on the plat shall be located in the area labeled Entertainment Area.Any use not specifically listed in the application material or shown on the plat must be submitted to the Department of Planning Services to determine if the use would constitute a substantial change to the approved Use by Special Review Permit. Substantial changes will require an amendment to the permit. (Department of Planning Services) 7. The applicant shall remove,handle, and stockpile manure from the livestock area in a manner that will prevent nuisance conditions. The manure piles shall not be allowed to exist or deteriorate to a condition that facilitates excessive odors, flies, insect pests, or pollutant. (Department of Public Health and Environment) 8. Animal and feed wastes, bedding,debris and other organic wastes shall be disposed of so that vermin infestation, odors, disease hazards, and nuisances are minimized. (Department of Public Health and Environment) 9. All liquid and solid wastes(as defined in the Solid Wastes Disposal Sites and Facilities Act,30 20 100.5, C.R.S., as amended)shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 10. 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, 30 20 100.5, C.R.S., as amended. (Department of Public Health and Environment) AMUSR-1268 Fritzler 7 11. 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. (Department of Public Health and Environment) 12. The applicant shall operate in accordance with the approved "waste handling plan". (Department of Public Health and Environment) 13. 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 at all times. (Department of Public Health and Environment) 14. There shall be no open burning conducted on the site,with exception to burning defined as"agricultural open burning" as defined by Regulation No. 9 of the Colorado Air Quality Control Commission Regulations. (Department of Public Health and Environment) 15. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in 25 12 103 C.R.S., as amended. (Department of Public Health and Environment) 16. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility. The facility shall utilize portable toilets and self-contained hand washing units for up to 6 months. (Department of Public Health and Environment) 17. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment) 18. The facility shall utilize the existing public water supply. (Central Weld County Water District) (Department of Public Health and Environment) 19. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. (Department of Public Health and Environment) 20. When applicable, the applicant shall comply with Colorado Retail Food Establishment Rules and Regulations governing the regulation of food service establishments.(Department of Public Health and Environment) 21. If applicable, the applicant shall comply with the Colorado Department of Agriculture (CDA), Division of Animal Industry. (Department of Public Health and Environment) 22. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 23. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee structure of the County Road Impact Program.(Ordinance 2002-11)(Department of Planning Services) 24. The site may operate from the last week in August until the weekend after Halloween, seven days a week from 9:00 a.m. to midnight with the exception of the produce stand which may operate from the first of July through the end of September from 9:00 a.m. to 6:00 p.m. (Department of Planning Services) 25. Special events such as weddings and meetings performed within a legally permitted structure shall be allowed to function year round from 9:00 a.m. to midnight. (Department of Planning Services) 26. As indicated in application materials,the maximum number of customer allowed on the site at one time shall be 2000. (Department of Planning Services) AMUSR-1268 Fritzler 8 27. As indicated in application materials, the maximum number of employees on the site at one time shall be 70. (Department of Planning Services) 28. The landscaping on site shall be maintained in accordance with the approved Landscape/screen Plan. (Department of Planning Services) 29. No smoking signs shall be placed in sufficient locations to ensure fire will not be allowed near corn stalks or flammable areas. (Department of Planning Services) 30. A building permit shall be obtained prior to the construction of any new building or placement of any structure except for those that are portable and removed from the property within 180 days after each event. The giant inflatable requires a building permit (Sec. 3103, International Building Code) and is required to meet the requirements of the current Fire Code. (Department of Building Inspection) 31. A plan review is required for each building for which a building permit is required. Plans shall include a floor plan. Two complete sets of plans are required when applying for each permit.New construction such as the barn will require an engineered foundation based on a site-specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Plans for the barn shall bear the wet stamp on an engineer or architect licensed by the State of Colorado. Engineered foundations shall be designed by a Colorado registered engineer. Provide plans to LaSalle Fire Protection District for their review and approval. (Department of Building Inspection) 32. Buildings 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: 2003 International Building Code;2003 International Mechanical Code;2003 International Plumbing Code;2003 International Fuel Gas Code; and the 2002 National Electrical Code and Chapter 29 of the Weld County Code. Prior to each event the electrical shall be installed and inspected to Article 525 of the 2002 National Electric Code for portable wiring and equipment for carnivals,fairs and similar events. (Department of Building Inspection) 33. The Barn will probably be classified type A(Assembly)use.An automatic fire sprinkler system may be required. The building shall be accessible to persons with disabilities. Fire resistance of walls and openings, construction requirements, maximum building height and allowable areas will be reviewed at the plan review.Setback and offset distances shall be determined by Chapter 23 of the Weld County Code. (Department of Building Inspection) 34. Building height shall be measured in accordance with the 2003 International Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. Offset and setback requirements are measured to the farthest projection from the building. (Department of Building Inspection) 35. The historical flow patterns and run-off amounts will be maintained on 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 run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. (Department of Planning Services) 36. The property owner shall allow any mineral owner the right of ingress or egress for the purposes of exploration development,completion, recompletion, re-entry, production and maintenance operations associated with existing or future operations located on these lands. (Department of Planning Services) 37. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. AMUSR-1268 Fritzler 9 38. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 39. Weld County 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. 40. The 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. 41. 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. AMUSR-1268 Fritzler 10 • aa II DEPARTMENT PLANNING SERVICES PHONE (9(970) 353-6100, EXT.3540 FAX (970) 304-6498 918 10th STREET GREELEY, COLORADO 80631 COLORADO February 14, 2005 Glen Fritzler 15630 Hwy 256 LaSalle CO 80645 Subject: AmUSR-1268- Request for A Site Specific Development Plan and Special Review Permit for a Recreational Facility with uses similar to those seen at Guest Farms and fairgrounds in the A (Agricultural) Zone District on a parcel of land described as Part of the NE4 Section 22, T4N, R66W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are being processed. I have scheduled a meeting with the Weld County Planning Commission for May 3, 2005, at 1:30 p.m. This meeting will take place in the Hearing Room, Weld County Planning Department, 918 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members may have. It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. 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 shall provide the Weld County Planning Department with written certification indicating the above requirements have been met. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Evans and Gilcrest Planning Commission for their review and comments. Please call Evans at 970-339-5344 and Gilcrest at 970-737-2426 for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Evans and Gilcrest Planning Commission meeting to answer any questions the Commission members may have with respect to your application. 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. This recommendation will be available twenty-four(24)hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services'office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please call. Respectfully, t? Sheri Lockman Planner �&id , 0u'1y i'I� fer6 rn _ mi Notice of Inquiry I I Development within an Intergovernmental Agref3rrttf Urban Growth Boundary COLORADO Date of Inquiry: !;e:64=61%01.. Planner Gy, Town Referred to: Ott-ter Ordinance #: Name of Person Inquiring: an--E is Frytr2L13.L Legal Description: N2 Legal Parcel#: 22 - '4- tit: Property Owner: oscAlyn x-tLvlc.tt2--- — —_. Major Crossroads_ 5w2S-i/j`V•33 Type of Inquiry: * lap - ( Yl,{,t wvi.t y TA^a-C Sn s, t.-r- Cerat l3 The above person inquired about developing a parcel of land inside your designated intergovernmental agreement urban growth boundary. This person has been referred to your community by Weld County Planning to discuss development options on this site. Weld County Comments: fa-raisS £ h 7azer- srl C,17M4o _.)•11-77111 LAtraMt ►s lt., t i W b'le ffr grit ✓?tse_ • Town/City Comments: THE TOWN HAS HAD DISCUSSIONS WITH MR. FRITZLER CONCERNING ANNEXATION AND HAS DETER INN NED THAT THE TOWN IS NOT PREPARED TO ANNEX AT THIS TIME. HOWEVER, WE REQUEST THAT THE USR BE APPROVED WITH THE REQUIREMENT THAT THE PROPERTY OWNER AGREE TO APPLY FORANNEXATION t/c4jty TO GILCREST BY NO LATER THAN 01/01/07. ❑ Platteville, Dacono, Firestone and Frederick Intergovernmental Agreement: If the person applies to Weld County to develop the parcel, the Town/City of desires to have Weld County require a binding annexation agreement between the person and the Towniiity of _, requiters the person to annex the parcel to the Town/City upon the terms and conditions stated in the agreement. ❑ Mead, Kersey, Milliken, LaSalle, Fort Lupton, and Dacono/Erie Intergovernmental Agreements: Has the person petitioned for the parcel to be annexed to the Town/City of _? If so, what is the status of the petition? If not, does the Town/City of desire to have the person petition for annexation, or may the person apply to Weld County to develop the parcel without first petitioning to the Town/City of for annexation? Comments: Signature,,o Weld County Planner Signa e of Town/City Representative White copy:Applicant; Yellow copy: Town/City;Pink Copy: Weld County It is the applicant's responsibility to return the completed form to Weld County. •Weld County Planning Department •1555 N. 17th Avenue, Greeley,CO 80631 C. (970)353-6100, Ext.3540)•'(970)304-6498 Fax PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS /4QML 7-i/o f THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM PUBLIC�LLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, Jacqueline Hatch, HEREBY CERTIFY UNDER PEN• -. S OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEA T mrlr i tE'tN1 DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR /IM O5cc IIZ t IN THE A (AGRICULTURAL) ZONE DISTRICT. Name of Person Posting Sign — Jacqueline Hatch Sign re of Person Posting Sign STATE OF COLORADO ) ss. COUNTY OF WELD / The foregoing instrument was subscribed and sworn to me thi 'ay of yJ e , 2005. WITNESS my hand and official seal. lI Notary Public /0P910(7My Commission Expires: , ' BILLIE J. MOORE NOTARY PUBLIC STATE OF COLORADO a "39 S ''P' t 'ti V t� a Xy. F,'y X"' ea wW ' 'vet '3 ....e+..r.v,,, r ' 'i x: xfy#. rtf {" 1, 1 -;•:,•1••, pp,�, • ii �, xxv, n''y,,{, w$af ,7 ♦ 5{ #`£ 'tt .V X i.. "'{, rte, „l is a fi r•A >• xtirv... `.`'!" c� a "t.a"'c. ; �� l :'^ 1i' d "x.C,a ' 1'4 �'i r: r Slxtt}} X�. ' �� ^ 14,,,,,1!;j4-4 „ ^t IC t: x : 4ri :,4 xG e 4. i 3JtI : R rPK s �,te�i F .Tt.. r J • ! s y {- t <� y.s tx .sf ^i",.. .!..4,x _ _ } ,». 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L � d` • •.tom w y '. . .tit : f • . i-- I !� $ Cr ..Il.,+FY...}` ?•y� •v-.1 : ' K '•� a ' 4 rt -. icy Ni.YiT • " ' _47,++�Qc�• 4 ,`. eytc:I 2 -. ,' as -... ...., ..,7_--.,-,.....-. � �-.i � ' 1;F- 'L y . 1/ .Ya{ a.'S 1; jC y -- ars 1� - � P .L T j �{ f --;,�-t .ii +A'.,�` 5 i�-T j . . ?�. .` ti(r l.' fi•{J �n1n,Y b.-.r t' r. . 0 :. c, l t. L•.:A/1:C.V.',. _iRf s.. -:1�` FIELD CHECK inspection date: O7/x `7/OS APPLICANT: Glen Fritzler do Edward J. and M.E. Fritzler CASE#: AMUSR-1268 REQUEST: A Site Specific Development Plan and a Special Review Permit for a recreational facility in the A(Agricultural)Zone District. LEGAL: Part of the NE4 Section 22, Township 4 North, Range 66 West of the 6' P.M., Weld County, Colorado LOCATION: South of and adjacent to State Highway 256, West of and adjacent to State Highway 85; 1/2 mile east of County Road 31 PARCEL ID#: 1057 22 000008 and 1057 22 000009 ACRES: 102 +/- Zoning Land Use N A (Agricultural) N LeHlt.it itai /& -of (mitcad) E A (Agricultural) E S A (Agricultural) S W A (Agricultural) ha W �/ �OGU «f /I-et/7.y� C C0MMENTS: __)/a. - A)' Hello