HomeMy WebLinkAbout20051860.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL
REVIEW PERMIT#1268 FOR A RECREATIONAL FACILITY,WITH USES SIMILAR TO
THOSE SEEN AT GUEST FARMS AND FAIRGROUNDS, IN THE A(AGRICULTURAL)
ZONE DISTRICT - EDWARD AND EILEEN FRITZLER, CIO KGF, INC. / GLEN
FRITZLER
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,the Board of County Commissioners held a public hearing on the 13th day of
July, 2005, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Edward and Eileen Fritzler,20730 Weld County Road 31,LaSalle, Colorado 80645,
c/o KGF, Inc.,attn:Glen Fritzler, 15630 Highway 256, LaSalle,Colorado 80645,fora Site Specific
Development Plan and Amended Use by Special Review Permit#1268 fora Recreational Facility,
with uses similar to those seen at Guest Farms and Fairgrounds,in the A(Agricultural)Zone District
on the following described real estate, to-wit:
Part of the NE1/4 of Section 22, Township 4 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS,at the request of the applicant the Board deemed it advisable to continue the
matter to August 17, 2005, at 10:00 a.m., when a full quorum of the Board will be present, and
WHEREAS, on August 17, 2005, said applicant was present, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS,the Board of County Commissioners heard all of the testimony and statements
of those present,studied the request of the applicant and the recommendations of the Weld County
Planning Commission and all of the exhibits and evidence presented in this matter and,having been
fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has shown
compliance with Section 23-2-230.6 of the Weld County Code as follows:
a. Section 23-2-230.B.1 --The proposed use is consistent with Chapter22 and
any other applicable code provisions or ordinance in effect. Section 22-2-
60.A.3 (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
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AMENDED USE BY SPECIAL REVIEW PERMIT#1268-EDWARD AND EILEEN FRITZLER,C/O
KGF, INC. /GLEN FRITZLER
PAGE 2
minimal, and where adequate services and infrastructure are currently
available or reasonably obtainable."
b. Section 23-2-230.B.2--The proposed use is consistent with the intent of the
A (Agricultural) Zone District. Sections 23-3-40.C.5, 23-3-40.C.6 and
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 23-2-230.B.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. Surrounding properties are
agricultural in nature. The Conditions of Approval and Development
Standards will mitigate negative impacts on surrounding homes.
d. Section 23-2-230.8.4--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 three-mile referral area for the City of Evans. In a referral
response dated March 11, 2005, Evans indicated no conflict with its
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 23-2-230.B.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-Wide Road Impact Program.
f. Section 23-2-230.B.6--The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The 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 23-2-230.6.7 -- 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 the health,safety,and welfare of the
inhabitants of the neighborhood and County.
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AMENDED USE BY SPECIAL REVIEW PERMIT#1268-EDWARD AND EILEEN FRITZLER,C/O
KGF, INC. / GLEN FRITZLER
PAGE 3
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Edward and Eileen Fritzler, do KGF, Inc., attn: Glen
Fritzler,for a Site Specific Development Plan and Amended Use by Special Review Permit#1268
fora Recreational Facility,with uses similar to those seen at Guest Farms and Fairgrounds, in the
A (Agricultural) Zone District on the parcel of land described above be, and hereby is, granted
subject to the following conditions:
1. Prior to recording the plat:
A. The applicant shall submit a Waste Handling Plan,for approval,to the Weld
County Department of Public Health and Environment, Environmental Health
Services Division. 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 the 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
the site.
3) The waste handler and facility where the waste will be disposed
(including the facility name, address, and phone number).
B. The plat shall be amended to delineate the following:
1) All Sheets of the plat shall be labeled AMUSR-1268.
2) The plat shall meet all requirements as listed in Section 23-2-260.D
of the Weld County Code.
3) The attached Development Standards.
4) The north/south road shall be designated as a one-way out only.
5) The boundary of the Use by Special Review shall be amended to
include sign number 4 and sign number 2 as listed in the proposed
sign plan.
6) The applicant has requested one 150-square-foot sign,elevated 25
feet high, with an internally-lit message board, which shall comply
with the standards of the Colorado Department of Transportation.
7) The plat shall indicate the size of signs number 3 through 9 that do
not meet Section 23-4-100.E,"what is not a sign". The signs shall be
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AMENDED USE BY SPECIAL REVIEW PERMIT#1268-EDWARD AND EILEEN FRITZLER,C/O
KGF, INC. / GLEN FRITZLER
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a maximum of 150 square feet total in accordance with
Sections 23-4-100C.1 and .2 of the Weld County Code.
8) The plat submitted by the applicant includes a note that states "all
proposed entertainment features, locations and sizes are
approximate. Exact location of all entertainment features vary from
year to year." Use by Special Review permits are site specific
requiring review for substantial changes. The note shall be replaced
with,"The locations of all proposed entertainment features shown in
Detail A are approximate. The entertainment features currently
shown will not be moved out of the area shown in Detail A. Yearly
changes to the size and type of entertainment features shall be
submitted to the Weld County Department of Planning Services for
a substantial change determination."
9) The plat shall be amended to include the area indicated as "four
wheel drive" in Detail A.
10) The plat shall be amended to include the location of the screening in
the northeast corner of the site as approved by the Board of County
Commissioners. The plat shall indicate that the screening shall be
limited to hay bales and earthen berms unless otherwise approved
by the Department of Planning Services.
11) Detail A shall be expanded to include the area to the south side of the
proposed maze.
C. The applicant shall submit evidence, from the Colorado Department of
Transportation,that an attempt has been made to develop a plan to ensure
traffic does not cross the borrow ditch to access directly onto U.S. Highway
85.
D. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
E. The applicant shall submit written evidence from Kerr-McGee Rocky
Mountain Corporation to the Department of Planning Services indicating that
it has reviewed the additional information and that oil and gas activities have
been adequately incorporated into the design of the site and that the mineral
owner's concerns have been mitigated.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit a
Mylar plat, along with all other documentation required as Conditions of Approval.
The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder
by the Department of Planning Services. The plat shall be prepared in accordance
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AMENDED USE BY SPECIAL REVIEW PERMIT#1268-EDWARD AND EILEEN FRITZLER,C/O
KGF, INC. / GLEN FRITZLER
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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.
3. The Department of Planning Services respectfully requests the surveyor provide a
digital copy of this Use by Special Review. Acceptable CAD formats are.dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo
Coverages and Arclnfo Export files format type is .e00. The preferred format for
Images is.tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps@co.weld.co.us.
4. Prior to 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 (1)acre in area. The applicant
shall inquire with the Colorado Department of Public Health and
Environment, Water Quality Control Division (WQCD), 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.
5. 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 System (I.S.D.S.) Regulations.
B. The septic system is required to be designed by a Colorado registered
professional engineer according to the Weld County I.S.D.S. Regulations.
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 orbya 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.
6. Prior to operation:
A. The approach and the main east/west road shall have additional gravel
hauled to accommodate school buses and other vehicles utilizing the facility.
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AMENDED USE BYSPECIAL REVIEW PERMIT#1268-EDWARD AND EILEEN FRITZLER,C/O
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B. No smoking signs shall be placed in sufficient locations to ensure fire will not
be allowed near corn stalks or flammable areas.
7. The Amended Use by Special Review activity shall not occur,nor shall any building
or electrical permits be issued on the property, until the Amended Use by Special
Review plat is ready to be recorded in the office of the Weld County Clerk and
Recorder.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 17th day of August, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
\-.S WELD COUNTY, COLORADO
1861c-4-r-rE'84,---
— " William H. rke, Chair
Weis p ' • Jerk to the Board ,/1
O eile, Pro-
Deputy Clerk to the Board -t <
Day d . Long
APP D AS TO . c
Robe Masd�e,,� �r�
unt Attorney �d/1„'U`7�
Glenn Vaad --J
Date of signature: `rfrjr-
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
EDWARD AND EILEEN FRITZLER
C/O KGF, INC. / GLEN FRITZLER
AMUSR#1268
1. The Site Specific Development Plan and Amended Use by Special Review Permit#1268 is
fora 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.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code.
3. The applicant shall maintain compliance with the Department of Labor and Employment,Oil
and Public Safety7CCR 1101-12,Carnivals and Amusement Parks Regulations at all times.
4. The applicant shall have an insurance policy written by an insurance company authorized
to do business in the State of Colorado or bya surplus lines insurer,in an amount of not less
than $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 rides.
5. Should the applicant place any Class B amusement rides on the site(as designated by the
Department of Labor and Employment)they shall obtain an insurance policy written by an
insurance company authorized to do business in the State of Colorado or bya surplus lines
insurer, in an amount of not less than $1 million per occurrence insuring the owner or
operator against liability for injury to persons arising out of the use of the amusement rides.
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
Amended Use by Special Review Permit. Substantial changes will require an amendment
to the permit.
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.
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.
9. All liquid and solid wastes,as defined in the Solid Wastes Disposal Sites and Facilities Act,
Section 30-20-100.5,C.R.S.,shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
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DEVELOPMENT STANDARDS - EDWARD AND EILEEN FRITZLER, C/O KGF, INC. / GLEN
FRITZLER (USR#1268)
PAGE 2
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, Section 30-20-100.5, C.R.S.
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.
12. The applicant shall operate in accordance with the approved Waste Handling Plan.
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.
14. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District as delineated in Section 25-12-103, C.R.S.
15. Adequate hand washing and toilet facilities shall be provided foremployees and patrons of
the facility. The facility shall utilize portable toilets and self-contained hand washing units for
up to six (6) months.
16. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
17. The facility shall utilize the existing public water supply.
18. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
19. When applicable,the applicant shall comply with Colorado Retail Food Establishment Rules
and Regulations governing the regulation of food service establishments.
20. If applicable,the applicant shall comply with the Colorado Department of Agriculture(CDA),
Division of Animal Industry.
21. The operation shall comply with all applicable rules and regulations of State and Federal
agencies and the Weld County Code.
22. Effective January 1,2003,building permits issued on the lot will be required to adhere to the
fee structure of the County-Wide Road Impact Program.
23. 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.
24. 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.
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DEVELOPMENT STANDARDS - EDWARD AND EILEEN FRITZLER, C/O KGF, INC. / GLEN
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25. As indicated in application materials,the maximum number of customers allowed on the site
at one time shall be 2,000.
26. The landscaping on the site shall be maintained in accordance with the approved
Landscape/Screening Plan.
27. No smoking signs shall be placed in sufficient locations to ensure fire will not be allowed
near corn stalks or flammable areas.
28. 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.
29. 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 of an engineer or architect
licensed by the State of Colorado. Engineered foundations shall be designed bya Colorado
registered engineer. Provide plans to the LaSalle Fire Protection District for its review and
approval.
30. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application. Currently, the following have been adopted by Weld County: 2003
International Building Code,2003 International Mechanical Code,2003 International Plumbing
Code,2003 International Fuel Gas Code,2002 National Electrical Code,and Chapter 29 of
the Weld County Code. Prior to each event the electrical shall be installed and inspected
according to Article 525 of the 2002 National Electric Code for portable wiring and equipment
for carnivals, fairs and similar events.
31. 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.
32. 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.
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33. The historical flow patterns and run-off 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 run-off rate and velocity increases, diversions,
concentration and/or unplanned ponding of storm run-off.
34. The applicant shall install a trash collector at the culvert located at the intersection of Weld
County Road 33 and U.S. Highway 85. The type of device shall be agreed upon by the
applicant and Western Mutual Ditch Company,and the applicant shall be responsible for any
costs associated with the project.
35. The two semi trailers being used as storage units shall be an allowed use from the date of
approval by the Board of County Commissioners. The trailers shall be maintained in
driveable condition and shall maintain current licensing.
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.
37. No commercial All Terrain Vehicle (ATV) courses shall be allowed on the site.
38. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
39. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
40. 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.
41. The Amended 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.
42. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards
may be reason for revocation of the Permit by the Board of County Commissioners.
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