HomeMy WebLinkAbout991179.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Arlan Marrs that the following resolution, with the amendment of Development Standard#14
and the addition of Development Standard #22, be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for.-
CASE NUMBER: USR-1232 -i".p rii
APPLICANT: James Anderson & Mike Smith
ADDRESS: 6728 Weld County Road 3 1/4, Erie, CO 80516 I
PLANNER: Sheri Lockman
REQUEST: A Site Specific Development Plan and a Special Review Permit for a guest farm in the
Agricultural Zone District
LEGAL DESCRIPTION: Lot A RE-281 NE4 &the E2 NW4 & Pt. N2 SE4 of Sec. 32, T2N, R68W
of the 6th P.M., Weld County, CO
LOCATION: East of and adjacent to Weld County Road 3 ''A , west of and adjacent to Weld County
Road 5 and 1/4 mile north of State Highway 52
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 24.7 of the
Weld County Zoning Ordinance, as amended.
2. It is the opinion of the Department of Planning Services's staff that the applicant has shown
compliance viith Section 24.3 of the Weld County Zoning Ordinance, as amended, as follows:
a. Section 24.3.1.1 --That the proposal is consistent with the Weld County Comprehensive Plan.
A.Goal 2 allows commercial and industrial uses which are directly related to or dependent
upor agriculture to locate within Agricultural zoning when the impact to surrounding
properties is minimal, and where adequate services and infrastructure are available. The
agricultural nature of the property is an important part of the business, aspects of which will
be used in many of the activities. Because no homes are in close proximity to where the
majority of the use will occur little impact will be felt by the surrounding property owners.
Although there is limited water available for fire protection, the size of the events will be
limited by what is available.
b. Section 24.3.1.2 --That the proposal is consistent with the intent of the district in which the
USE is located. Section 31.4.3 of the Weld County Zoning Ordinance allows for guest farms
as a Use by Special Review in the A(Agricultural) Zone District.
c. Section 24.3.1.3 --That the USES which would be permitted will be compatible with the
existing surrounding land USES. Surrounding properties include agricultural uses with limited
residences. The only homes within close proximity lie on the east side of the parcel where
little activity will occur.
d. Section 24.3.1.4 --That the USES which would 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 the COMPREHENSIVE PLAN or MASTER PLANS of affected
municipalities. The proposed use is within the three mile referral area of the Towns of Erie
(g. EXHIBIT
991179
USA40.23.2d
RESOLUTION, USR-1232
Anderson/Smith
Page 2
and Frederick and the City of Dacono. The City of Dacono and Town of Erie did not respond
to the referral. The Town of Frederick found no conflicts with their interests.
e. Section 24.3.1.5--The proposal is not located within the Overlay District Areas identified by
maps officially adopted by Weld County. The site does not lie within the Mixed Use
Development area or the Ordinance 201 Intergovernmental Agreement Area.
f. Section 24.3.1.6 --That if the USE is proposed to be located in the A-District, that the
applicant has demonstrated a diligent effort has been made to conserve prime agricultural
land in the locational decision for the proposed USE. The site is designated as"Prime" by the
USDA Soil Conservation Service. The proposed use will not remove any additional
agricultural land from production. The agricultural activities on the property are an important
part of the proposed use.
g. Section 24.3.1.7 --The Design Standards (Section 24.5 of the Weld County Zoning
Ordinance, as amended), Operation Standards (Section 24.6 of the Weld County Zoning
Ordinance, as amended), 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 Planning Commission's recommendation for approval is conditional upon the following:
1. The attached Development Standards for the Special Review Permit shall be adopted and placed on
the Special Review Plat prior to recording the plat. The completed plat shall be delivered to the
Department cf Planning Services and be ready for recording in the Weld County Clerk and Recorder's
Office within 30 days of approval by the Board of County Commissioners. (Planning Dept.)
2. Prior to recording the plat:
A. The shop/barn facility shall provide adequate toilet facilities for the public in accordance with
the 1997 International Plumbing Code. The septic system shall be designed by a Colorado
Registered Professional Engineer for a hydraulic load for up to 200 people and any
wastewater generated from the food service portion of the facility. The design shall be
submitted to the Environmental Health Services Division of the Weld County Department of
Public Health &Environment and a septic permit obtained. All Weld County ISDS regulations
apply. Evidence of Health Department approval shall be submitted to the Weld County
Plan'ling Department. (Health Dept.)
B. The applicant shall submit for review, a parking and traffic circulation plan throughout the site
to accommodate all users including tour buses. This plan shall include an alternative to the
secondary parking when the alfalfa field is at a stage where parking would damage the crop.
Evidence of Public Works Department approval shall be submitted to the Weld County
Planting Department. The parking and traffic circulation plan shall be delineate on the plat.
(Public Works)
C. Blueprints of the existing building to be used as a dining room and dance floor shall be
submitted to the Weld County Building Inspection Department for review. The blueprints shall
be amended to show each room and its use and accessible bathrooms and entrances. The
appl cant shall submit evidence to the Weld County Planning Department of Weld County
RESOLUTION, USR-1232
Anderson/Smith
Page 3
Building Inspection Department approval. This approval shall also include the number of
people to be allowed to use the facility to meet the requirements of the Building Code
Ordinance. (Planning Dept.)
D. The applicant shall submit evidence of approval to the Weld County Planning Department
from the Mountain View Fire Protection District. This approval shall also include the
maximum number of people to be allowed to use the facility to meet the Fire Districts
requirements. (Planning Dept.)
3. 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. (Planning Dept.)
Motion seconded by Stephan Mokray.
VOTE:
For Passage
Cristie Nicklas
Arlan Marrs
Fred Walker
Stephan Mok:ray
Jack Epple
Bruce Fitzgerald
Bryant Gimlin
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Jennifer Mehring, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on June 15, 1999.
Dated the 15th of June, 1999.
atreicorik
Jennifer Mehring /
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ANDERSON/SMITH
USR-1232
1. The Site Specific Development Plan and Special Use Permit is for a guest farm in the A(Agricultural)
zone district, as indicated in the application materials on file in the Department of Planning Services
and subject to the Development Standards stated hereon. (Planning Dept.)
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County
Zoning Ordinance, as amended. (Planning Dept.)
3. No permanent disposal of wastes shall be permitted at this site. (Health Department)
4. Fugitive dust shall be controlled on this site. (Health Dept.)
5. The facility shall be served by Left Hand Water District. (Health Dept.)
6. The facility stall utilize portable toilets to supplement the toilet facilities temporarily for large groups.
(Greater than 200 people). (Health Dept.)
7. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-
101, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protect
against surface and groundwater contamination. (Health Dept.)
8. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. (Health Dept.)
9. The maximum permissible noise level shall not exceed the commercial limit of 60 db(A), as measured
according to Section 25-12-102, Colorado Revised Statutes. (Health Dept.)
10. The facility shall comply with the Colorado Retail Food Establishment Rules and Regulations
governing the regulation of food service establishments. (Health Dept.)
11. Ingress and egress to the facility shall be from the existing access along Weld County Road 3 1/4.
(Public Works)
12. New structures, including foundations will need to be designed by an architect or engineer licensed
by the State of Colorado. (Building Inspection Dept.)
13. All construction on the property shall be in accordance with the Weld County Building Code
Ordinance. (Planning Dept. / Building Inspection Dept.)
14. The number of people allowed to use the facility shall not exceed the amount approved by the
Mountain View Fire District or the Weld County Building Inspection Department, never to exceed 499
at any one time. (Planning Dept.)
15. Prior to the sale of any alcoholic beverages applicant shall apply for and receive all appropriate
licenses. (Planning Dept.)
16. The rules and regulations of Colorado Liquor Enforcement must be followed for any liquor allowed
on site. (Planning Dept.)
17. The property owner or operator shall be responsible for complying with the Design Standards of
Section 24.5 of the Weld County Zoning Ordinance, as amended.
DEVELOPMENT STANDARDS, USR-1232
Anderson/Smith
Page 2
18. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 24.6 of the Weld County Zoning Ordinance, as amended.
19. Personnel from the Weld County Health Department and Weld County Planning Department 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.
20. 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 Planning Commission 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.
21. 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.
22. The applicant must obtain a Temporary Assemblage Permit in compliance with Ordinance 85 for any
activity including more than 499 participants at any one time, providing no overnight camping is
authorized by this Development Standard.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
June 15, 1999
Page 6
Stephan Mokray moved to add Condition of Approval#2L to read, "Non-Conforming Use applications and
permits will be established on the two accessory structures located on the property," along with subsequent
renumbering and to change the number of structures in Development Standard #20, from four to two. Arlan
Marrs seconded the motion.
The Vice-Chairman asked the secretary to poll the members of the Planning Commission for their decision.
Arlan Marrs,yes; Gristle Nicklas,yes; Stephan Mokray, yes; Bryant Gimlin,yes; Bruce Fitzgerald,yes; Jack
Epple, yes; Fred Walker, yes. Motion carried unanimously.
Stephan Mokray moved that Case AmUSR-587, be forwarded to the Board of County Commissioners along
with the amended Conditions of Approval and Development Standards with the Planning Commissions
recommendation of approval. Cristie Nicklas seconded the motion.
The Vice-Chairman asked the secretary to poll the members of the Planning Commission for their decision.
Arlan Marrs, yes; Cristie Nicklas, yes; Stephan Mokray,yes; Bryant Gimlin, yes; Bruce Fitzgerald, yes; Jack
Epple, yes; Fred Walker, yes. Motion carried unanimously.
CASE NUMBER: USR-1232
APPLICANT: James Anderson and Mike Smith
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Lot A of RE-281; the NE4 and the E2 of the NW4 and Part of the N2 of the SE4
of Section 32, T2N, R68W of the 6th P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a guest farm in the
Agricultural Zone District.
LOCATION: East of and adjacent to Weld County Road 3 '', west of and adjacent to Weld County Road
5 and /4 mile north of State Highway 52.
Sheri Lockman, Department of Planning Services, presented Case USR-1232. The Department of Planning
Services is recommending approval of the application along with the Conditions of Approval and the
Development Standards. Shed then read the recommendation into the record.
James Anderson, applicant, explained that this farm has been in his family for more than 40 years and the
guest farm would bring in a little extra income to keep up with the farm without having to sell the ground. The
farm will continue to be a working farm, which will produce corn, wheat, and alfalfa. In addition to the normal
farming activities, they would like to share this farm with their surrounding neighbors and create a guest farm.
Mr.Anderson said that they would like to hold several different farm activities throughout the year: a pumpkin
harvest, hayrides, corn field maze, wedding receptions, family gatherings, etc. He concluded that he hopes
that this farm would be able to educate people on agriculture and in turn generate extra income to keep this
farm.
The Vice-Chairman asked if there was anyone in the audience who wished to speak for or against this
application. No one wished to speak.
The Vice-Chairman asked the applicant if he was in agreement with the Conditions of Approval and
Development Standards. Tom Haren, representative for the applicant, stated that they had concerns on a
couple of the Development Standards. On Development Standard#14, the number of people allowed to use
the facility shall not exceed 400 people. Mr. Haren said that there will be occasions when they hold special
events, where this number might exceed 400 people. Mr. Haren then addressed the issue on the secondary
parking. He said that the secondary parking was an alfalfa field and the applicants were not worried that this
parking might damage any crops.
Lee Morrison, Assistant County Attorney, stated that they would need specific references to the temporary
EXHIBIT
41 use #4232
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
June 15, 1999
Page 7
assemblage ordinance. Anything in excess of the 400 allowed in the permit, the applicants would need to
apply for and obtain a Special Assemblage Permit from the Board of County Commissioners. Mr. Morrison
clarified that temporary Assemblages Ordinance does allow overnight camping. If there is going to be an
excess of 400 people, this will exclude overnight camping.
Mr. Haren said that the/ don't have an issue with overnight camping. He asked if the process of obtaining
a temporary Assemblage Ordinance take two to three months. Lee Morrison replied that the process takes
more than thirty days although it may be accomplished in less than sixty days. This permit would be
scheduled in front of the Board of County Commissioners.
Mr. Haren commented ':hat they can definitely control the catered and special events. However, during the
corn maze and the pumpkin harvest, 400 people is a very specific number. He added that he would like to
make this number more lenient.
Lee Morrison explained to Mr. Haren that the 400 people is defined as to how the application is interpreted.
Are the 400 people defined as at any one time or 400 people in one day? Arlan Marrs stated that he
interpreted Development Standard# 14 to read 400 people at any one time. Bryant Gimlin commented that
the interpretations of any one time is consistent with the application.
Mr. Haren indicated tha:he would like the 400 people to be changed to 500 people. Fred Walker stated that
he doesn't have a problem with changing the number of people, because this is such a positive agriculture
activity.
Arlan Marrs said that they could raise the number to 499 and anything over that will require a Temporary
Assemblage Permit.
Jack Epple asked Mr. Haren if he would be okay with changing the number from 400 to 499. Mr. Haren
replied that was perfect.
Arlan Marrs moved to change Development Standard #14 to read, "The number allowed to use the facility
shall not exceed the amount approved by Mountain View Fire District or the Weld County Building Inspection
Department, never to exceed 499 at any one time," and to add Development Standard #22 to read, "The
applicant must obtain a Temporary Assemblage Permit in compliance with Ordinance 85 for any activity
including more than 4g9 participants at any one time, providing no overnight camping is authorized by this
Development Standard." Stephan Mokray seconded the motion.
The Vice-Chairman asked the secretary to poll the members of the Planning Commission for their decision.
Arlan Marrs,yes; Cristie Nicklas,yes; Stephan Mokray,yes; Bryant Gimlin, yes; Bruce Fitzgerald, yes; Jack
Epple, yes; Fred Walker, yes. Motion carried unanimously.
Arlan Marrs moved that Case USR-1232, be forwarded to the Board of County Commissioners along with the
Conditions of Approval and amended Development Standards with the Planning Commissions
recommendation of approval. Stephan Mokray seconded the motion.
The Vice-Chairman asked the secretary to poll the members of the Planning Commission for their decision.
Arlan Marrs,yes; Cristie Nicklas, yes; Stephan Mokray, yes; Bryant Gimlin, yes; Bruce Fitzgerald, yes; Jack
Epple, yes; Fred Walker, yes. Motion carried unanimously.
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