HomeMy WebLinkAbout20231735.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: Maxwell Nader Hearing Date: June 6, 2023
Case Number: USR23-0012
Applicants: Regional Transportation District 1660 Blake Street, Denver, Colorado 80202 and
Jeffrey & Rachel Rummer 4121 CR 3, Erie, CO 80516
Representative: Colorado Railbike Adventures, LLC
c/o Robert Rummer 306 E Michigan Avenue, Berthoud, CO 80513
Request:
Legal
Description:
A Site Specific Development Plan and Use by Special Review Permit, for a
Commercial Recreation Facility and Event Facility, not agricultural -related outside of
subdivisions and historic townsites in the A (Agricultural) Zone District.
Being a part of the S1/2 of Section 8; part of the SE1/4 of Section 7; part of the E1/2
and the E2 and SW1/4 /4 of Section 18; part of the N1/2 N1/2 of Section 19, all located
in Township 1 North, Range 68 West of the 6th P.M., Weld County, Colorado.
Location: Generally located west of and adjacent to CR 7, South of CR 12, West of and
adjacent to CR 3 and north of CR 10
Size of Parcels: +/- 40.5 acres
Parcel Nos. 1467-07-0-00-022
1467-07-4-00-013
1467-08-3-00-003
1467-08-4-00-002
1467-18-3-00-026
1467-18-3-31-022
1467-18-4-00-030
1467-18-4-00-031
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 referral responses with comments from the
following agencies:
➢ Mountain View Fire Rescue, referral dated March 7, 2023
➢ Regional Transportation District, referral dated March 28, 2023
➢ Weld County Department of Public Health and Environment, referral dated March 22, 2023
➢ Weld County Department of Planning Services — Floodplain, referral dated March 14, 2023
➢ Weld County Department of Planning Services — Development Review, referral dated March 10, 2023
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ City of Dacono, referral dated March 6, 2023
➢ Town of Frederick, referral dated March 7, 2023
➢ Weld County Sheriff's Office, referral dated March 7, 2023
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➢ Weld County Department of Planning Services - Code Compliance, referral dated March 7, 2023
The Department of Planning Services' staff has not received responses from the following agencies:
➢ Town of Erie
➢ Boulder County
➢ Left Hand Water District
➢ Colorado Parks and Wildlife
➢ Boulder Valley Conservation District
➢ Weld County Department of Planning Services - Building Inspection
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Case Summary:
The applicant is requesting a Site Specific Development Plan and Use by Special Review Permit for a
Commercial Recreation Facility and Event Facility. The proposal is for Colorado Railbike LLC, which holds
events for railbike excursions on custom railbikes. The facility will utilize leased Regional Transportation
District (RTD) Boulder Industrial Lead tracks, from County Road 5 to County Road 1 on the Weld County
side, totaling eight (8) properties. There is also the ability to hold ancillary events such as birthday parties,
corporate events and weddings but the primary use will be for the railbikes.
The business is mostly seasonal with peak operations occurring between May and December and guests
on -site anytime from sunrise to evening hours depending on route schedules and events. Each railbike
"tour" lasts about two (2) hours. Tour schedules vary based on seasonal daylight hours and post -sunset
events like lantern rides and lighted holiday rides. Generally, the last tour of the day starts before sunset
and returns just after sundown. The operating season will open in early spring (late April, early May) with
primarily weekend -only hours. During the summer season (June -Sept) the schedule will span Tuesday -
Sunday. In the fall (Oct -Nov), schedules will drop back to select weeknights and weekends. There will be
holiday rides for select weeknights and weekends through the Thanksgiving — New Year's timeframe.
Schedules will vary based on seasonality, weather, and demand. The business will have roughly fifteen
(15) to twenty (20) employees with six (6) to eight (8) on any given shift. The maximum number of individuals
that would be on site at a given time for the tours is one hundred forty four (144) and with events the
maximum number of individuals will be one hundred fifty (150).
There is one (1) property that will have the main parking area and structures associated with this request.
This property currently has a residence and some outbuildings that will remain for the use of the private
residence and not the business. There is a 14 x 24 foot "Depot" proposed for the main check in and
merchandise hub. There will be additional structures for storage of the railbikes and for the event space.
The properties owned by RTD will remain the same.
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.
Section 22-2-10.B. states: "Respecting Private Property Rights. One of the basic principles
upon which the United States was founded is the right of citizens to own and utilize property
so long as that use complies with local regulations and does not interfere with or infringe
upon the rights of others."
The request to utilize the parcels located on a currently non -agriculturally productive land
for a Railbike Business is in line with this section of the Comprehensive Plan. The property
owner's business will comply with local regulations and does not appear to interfere with
or infringe upon the rights of others. Additionally the land was dedicated to Union Pacific
Railroad (UPRR) prior to being purchased by Regional Transportation District (RTD).
Section 22-2-30.A.1 states: "Land use changes should not inhibit agricultural production
nor operations."
The request for a Railbike business does not inhibit agricultural production or operations.
The proposal is located primarily on Regional Transportation District (RTD) owned
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properties, with the rail intact. This land has not recently been farmed and therefore will not
negatively impact agricultural production and operations.
Section 22-2-40.A.1 states: "Identify target areas where the County is able to encourage
shovel -ready commercial and industrial development."
The request for a Railbike business will be utilizing existing rail infrastructure owned by
Regional Transportation District (RTD). The use of the existing rail promotes the business
and also supports a local small business and will help boost the economy in this area.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District.
Sec. 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."
Section 23-3-40.H.-- Uses by special review, of the Weld County Code allows for an
"Commercial Recreational Facilities" in the (A) Agricultural Zone District and Section 23-
3-40.J. — Uses by Special Review, of the Weld County Code allows for an "Event Facilities,
not agricultural -related" in the (A) Agricultural Zone District. Both of the following code
sections allow the applicant to apply for the Railbike business.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses.
The surrounding properties are a mix of suburban and rural residential lots but also many
residential lots located within the Town of Erie's limits. Additionally, there are large vacant
lots located within the Town of Erie's limits. There are currently no Use by Special Review
Permits on the subject properties. There is one Special Review permit within one (1) mile
of the subject property, SUP -413 for a salvage and storage yard. Most properties adjacent
to the subject parcels are located within the Town of Erie.
The Weld County Department of Planning Services sent notice to roughly one hundred
eighty five (185) surrounding property owners within five hundred (500) feet. No
correspondence was received back from surrounding property owners regarding the
proposed application.
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.
This site is located within the three (3) mile referral area of the Town of Erie, Town of
Frederick, and City of Dacono. Both the City of Dacono and Town of Frederick returned
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referrals with no concerns dated March 6, 2023 and March 7, 2023, respectively. The Town
of Erie did not return a referral. The site is not located within any existing Intergovernmental
Agreement Area (IGA) of a municipality.
The Town of Erie's Comprehensive Plan — 2015, identifies the subject properties as many
different uses. The RTD properties are identified as either open space, public use or rural
residential. Rural residential is the same identification as the primary property where the
railcars and events will be located.
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 not within the following overlay districts, including, the Airport Overlay
District, Historic Townsites Overlay District, 1-25 Overlay District, the Municipal Separate
Storm Sewer Systems (MS4) defined boundary or Agricultural Heritage Overlay District.
Properties associated with request are located within the Geologic Hazard Overlay District,
specifically parcel number 146718400031, which is located within the extent of a mine in
this area. The USR request will not be negatively impacted by this nor will the use of the
USR negatively impact the mine. Properties are also located within the Special Flood
Hazard Area. Per their referral dated March 14, 2023, Floodplain had standard comments
and requirements for the request but had no concerns.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee, 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 site contains soils designated as "High Potential Dry Cropland — Prime if irrigated" or
as "other" per the 1979 Soil Conservation Service Important Farmlands of Weld County
Map. The subject properties are mostly created of old Railroad Rights -of -Way. These
properties have not been utilized for farming. Therefore, no agricultural land will be
impacted by this USR 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.
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The Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. An updated Landscape and Screening plan to address the outdoor parking area which
includes the lighting plan shall be submitted to and approved by the Department of Planning
Services. (Department of Planning Services)
B. A Road Maintenance Agreement is required at this location. Road maintenance includes, but
is not limited to, dust control and damage repair to specified travel routes. (Development
Review)
C. An acceptable Final Drainage Report and Certification of Compliance, stamped and signed
by a professional engineer licensed in the State of Colorado, is required. (Development
Review)
D. The On -site Wastewater Treatment System permitted as SP -2200369 shall receive final
approval. (Department of Public Health and Environment)
E. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR23-0012 (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. The applicant shall delineate on the map the trash collection areas. Section 23-
3-350.H of the Weld County Code addresses the issue of trash collection areas.
(Department of Planning Services)
5. The map shall delineate the proposed Landscaping and Screening in accordance with
the approved Landscaping and Screening Plan. (Department of Planning Services)
6. The map shall delineate the lighting and shall adhere to standards, in accordance with
Section 23-2-160.U.6 of the Weld County Code (Department of Planning Services)
7. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division
2, of the Weld County Code. (Department of Planning Services)
8. Show and label the location of any emergency and site identification signage.
(Department of Planning Services)
9. The map shall delineate the off-street parking area for the customers and employees
with surface type. (Department of Planning Services)
10. The applicant shall delineate the location of all curb stops in the parking areas per
Section 23-4-30.D of the Weld County Code. (Department of Planning Services)
11. The vehicle parking and office area shall adhere to the Off-street Parking and Loading
Requirements, per Sections 23-4-20.B, 23-4-30.A, Appendix 23-A, 23-4-30. and 23-4-
50 of the Weld County Code. (Department of Planning Services)
12. The applicant shall delineate the location of all curb stops in the parking areas per
Section 23-4-30.D of the Weld County Code. (Department of Planning Services)
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13. This site will be required to meet all requirements of the American Disability Act (ADA).
(Department of Planning Services)
14. Show the floodplain and floodway (if applicable) boundaries on the map. Label the
floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number or
appropriate study. (Department of Planning Services - Floodplain)
15. Show and label all recorded easements and rights -of -way on the map by book and
page number or reception number and recording date. (Department of Planning
Services)
16. County Road 3 is a paved road and is designated on the Weld County Functional
Classification Map as a collector road which requires 80 feet of right-of-way at full
buildout. The applicant shall delineate and label on the site map or plat the future and
existing right-of-way (along with the documents creating the existing right-of-way) and
the physical location of the road. All setbacks shall be measured from the edge of right-
of-way. This road is maintained by Weld County. (Development Review)
17. Show and label the proposed access(es), approved access width and the appropriate
turning radii on the site plan. The applicant must obtain access permit(s) in approved
location(s). (Development Review)
18. 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 35 feet.
(Development Review)
19. Show and label the accepted drainage features. Stormwater ponds should be labeled
as "Stormwater Detention, No -Build or Storage Area" and shall include the calculated
volume. (Development Review)
20. Show and label the approved tracking control on the site plan. (Development Review)
21. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Development Review)
3. Prior to Construction:
A. If there is any disturbance/construction in the floodplain a Floodplain Development Permit is
required. (Department of Planning Services - Floodplain)
B. The approved access and tracking control shall be constructed prior to on -site construction.
(Development Review)
C. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Development Review)
4. Prior to Operation:
A. The applicant shall develop an Emergency Action and Safety Plan with the Weld County Office
of Emergency Management and the Hudson Fire Protection District. The plan shall be reviewed
on an annual basis by the, Facility operator, the Fire District and the Weld County Office of
Emergency Management. Submit evidence of acceptance to the Weld County Department of
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Planning Services.
5. Upon completion of Condition of Approval #1 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 Mylar map along with all other
documentation required as Conditions of Approval. The Mylar 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 Mylar 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)
6. 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)
7. The Use by Special Review Permit 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 plat 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)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Colorado Railbike, LLC
USR23-001 2
1. A Site Specific Development Plan and Use by Special Review Permit, USR23-0012, for a Commercial
Recreation Facility and Event Facility not agricultural -related outside of subdivisions and historic
townsites in the A (Agricultural) Zone District. (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 hours of operation are as follows:
a. Railbike Excursions: Season: April - June. The days of operation: Weekend only. The hours of
operation: 10:00 a.m. - 10:00 p.m.
b. Railbike Excursions: Season: June - September. The days of operation: Tuesday to Sunday. The
hours of operation: 10:00 a.m. - 10:00 p.m.
c. Railbike Excursions: Season: October - November. The days of operation: Weekend and select
weeknights only. The hours of operation: 10:00 a.m. - 9:00 p.m.
d. Railbike Excursions: Season: Thanksgiving — New Years. The days of operation: Select weekends
and select weeknights only. The hours of operation: 10:00 a.m.? - 12:00 a.m.
e. The special events: Season: May — November. The days of operation: Wednesday — Sunday. The
hours of operation: 10:00 a.m. - 12:00 a.m. (Department of Planning Services)
4. The number of event attendees shall be up to 150, as stated in the application materials. (Department
of Planning Services)
5. The parking area on the site shall be maintained. (Department of Planning Services)
6. All signs shall adhere to Chapter 23, Article IV, Division 2, of the Weld County Code. (Department of
Planning Services)
7. The proposed landscaping and screening on the site shall be maintained. Required landscaping and
screening shall be installed within one (1) calendar year of issuance of a building permit or
commencement of use, whichever occurs sooner. Dead or diseased plant materials shall be replaced
with materials of similar quantity and quality at the earliest possible time. (Department of Planning
Services)
8. The property owner or operator shall provide written evidence of an approved Emergency Action and
Safety Plan on or before March 15th of any given year signed by representatives for the Fire District
and the Weld County Office of Emergency Management to the Department of Planning Services.
(Department of Planning Services)
9. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where
such would cause a nuisance or interfere with the use on the adjacent properties in accordance with
the plan. 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)
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10. 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 Maps #08123C -2066E issue date January 20, 2016 (Coal 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)
11. 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)
12. 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 Public Health and Environment)
13. 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. (Department of Public Health and Environment)
14. 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
operate in accordance with Chapter 14, Article 1 of the Weld County Code. The accepted waste
handling plan shall be adhered to. (Department of Public Health and Environment)
15. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with
the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and
Environment)
16. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as
delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
17. Portable toilets and bottled water are acceptable for recreational facilities utilized for six months or less
per year, employees, and clients on site for less than 2 consecutive hours a day, and 2 or less full-time
employees on site. 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 existing adjacent residential properties and public rights -of -way. If the
activities exceed the above requirements, then a permanent water source and an On -site Wastewater
Treatment System must be established to provide for business use. (Department of Public Health and
Environment)
18. 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 Public
Health and Environment)
19. 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. (Department of Public Health and Environment)
20. All chemicals must be handled in a safe manner in accordance with product labeling and in a manner
that minimizes the release of hazardous air pollutants (HAPs) and volatile organic compounds (VOCs).
All chemicals must be stored securely, on an impervious surface, and in accordance with
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manufacturers' recommendations. (Department of Public Health and Environment)
21. The facility shall comply with Colorado Retail Food Establishment Rules and Regulations governing the
regulation of food service establishments. (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. 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)
24. The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off -site tracking. (Development Review)
25. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Development Review)
26. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Development Review)
27. The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site
visit and possible updates. (Development Review)
28. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review)
29. Weld County is not responsible for the maintenance of onsite drainage related features. (Development
Review)
30. 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, 2020 National Electrical Code, and Chapter 29 of the Weld
County Code. A Building Permit Application must be completed and two (2) complete sets of
engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be
submitted for review. A Geotechnical Engineering Report, performed by a Colorado registered
engineer, shall be required or an Open Hole Inspection. A building permit must be issued prior to the
start of construction. (Department of Building Inspection)
31. 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.
32. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
33. 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.
34. 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.
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35. 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.
36. Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced within
three (3) years from the date of approval, unless otherwise specified by the Board of County
Commissioners when issuing the original Permit, or the Permit shall be vacated. The Director of
Planning Services may grant an extension of time, for good cause shown, upon a written request by
the landowner.
37. 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.
38. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and
coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the
state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of
the state face a critical shortage of such deposits; and (c) such deposits should be extracted according
to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption
of the ecology and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and people moving into these areas
must recognize the various impacts associated with this development. Often times, mineral resource
sites are fixed to their geographical and geophysical locations. Moreover, these resources are
protected property rights and mineral owners should be afforded the opportunity to extract the mineral
resource.
39. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in total
market value of agricultural products sold. The rural areas of Weld County may be open and spacious,
but they are intensively used for agriculture. Persons moving into a rural area must recognize and
accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower
level of services than in town. Along with the drawbacks come the incentives which attract urban
dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion,
and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities
will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles
on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal
confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping
activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in
the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize
an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural
and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation
shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance
employs methods or practices that are commonly or reasonably associated with agricultural production.
USR23-0012, Colorado Railbike LLC
Page 12 of 13
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and
county roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County, and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave
their jobs and families to respond to emergencies. County gravel roads, no matter how often they are
bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities
mean that roads from subdivisions to arterials may not be cleared for several days after a major
snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural
dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their safety,
but also for the protection of the farmer's livelihood.
USR23-0012, Colorado Railbike LLC
Page 13 of 13
April 19, 2023
DEPARTMENT OF PLANNING SERVICES
1402 North 17th Ave
Greeley, CO 80631
Website: www.weldgov.com
Email: mnader@weld.gov
Phone: (970) 400-400-3527
Fax: (970) 304-6498
RUMMER BOB
306 E Michigan Ave,
Berthoud, CO 80513
Subject: USR23-0012 - A Site Specific Development Plan and Use by Special Review Permit, for a
Commercial Recreation Facility and Event Facility outside of subdivisions and historic townsites in the
A (Agricultural) Zone District.
On parcel(s) of land described as:
LOT A RE -351, PT SE4 SECTION 7, Ti N, R68W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on June 06, 2023 at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on June 28, 2023 at
10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150
O 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://accela-
aca.co.weld.co.us/CitizenAccess
Respectfully,
r
Maxwell Nader
Planner
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