HomeMy WebLinkAbout20231015.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR22-0035, FOR AN EVENTS FACILITY, NOT AGRICULTURE -RELATED,
FOR UP TO 200 PEOPLE, LOCATED OUTSIDE OF SUBDIVISIONS OR HISTORIC
TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT - STEVEN WELLS
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 19th day of
April, 2023, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Steven Wells, 32010 County Road 63, Gill, Colorado 80624, for a Site Specific
Development Plan and Use by Special Review Permit, USR22-0035, for an Events Facility, not
agriculture -related, for up to 200 people, located outside of subdivisions or historic townsites in
the A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Part of Section 25, Township 7 North,
Range 63 West; and part of Section 30,
Township 7 North, Range 62 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Tim Naylor,
AGPROfessionals, Inc., 3050 67th Avenue, Greeley, Colorado 80634, 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 recommendation 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. The applicant has demonstrated that the request is in conformance with
Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 — The proposed use is consistent with Chapter 22
and any other applicable Code provisions or ordinance in effect.
1) Section 22-2-30.C.1 states: "Transition between land use types and
intensities with buffers. Uses that are incompatible with existing
uses must be able to mitigate conflicts." The facility building is
located approximately 750 feet from State Highway 392. The
proposed use is in a rural area and is setback a substantial distance
from the nearest residences in the area. The nearest single-family
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residences are located approximately one-half (.5) mile to the west
and over one (1) mile to the southeast.
B. Section 23-2-230.6.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-40.J allows non-agricultural related event centers as
a Use by Special Review in A (Agricultural) zoned properties
outside of subdivisions and historic townsites.
2) Section 23-3-10 — Intent, 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." The
proposal meets the intent because no cropland will be taken out of
production as a result of this proposed use and attached Conditions
of Approval and Development Standards will ensure that the
proposed use will be compatible with the surrounding area.
C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The facility building is located
approximately 750 feet from Highway 392. The proposed use is in a rural
area and is setback a substantial distance from the nearest residences in
the area. The nearest single-family residences are located approximately
.5 miles to the west and over one (1) mile to the southeast. There is an
existing Use by Special Review Permit (USR12-0066), for oil and gas
support and service, located over one (1) mile to the west and a Briggsdale
Fire Station is located approximately .5 miles to the south. The proposed
use is in an area that can support this development and the proposed
Conditions of Approval and Development Standards will assist in mitigating
the impacts of the facility on adjacent properties and ensure compatibility
with surrounding land uses and region.
D. Section 23-2-230.B.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 proposed use is not located within a three (3) mile
referral area or Coordinated Planning Agreement boundary of a
municipality and is outside of the future growth areas of any municipality in
the County.
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E. Section 23-2-230.B.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The property is not within the
Geologic Hazard Overlay District, Agricultural Heritage Overlay District,
Airport Overlay District, or a Special Flood Hazard Area. Building Permits
issued on the property 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 23-2-230.B.6 — The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. No prime agricultural land is affected by this proposal.
G. Section 23-2-230.B.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 can ensure
that there are adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Steven Wells, for a Site Specific Development Plan and
Use by Special Review Permit, USR22-0035, for an Events Facility, not agriculture -related, for up
to 200 people, located outside of subdivisions or historic townsites 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 map:
A. A Final Traffic Impact Study, stamped and signed by a Professional
Engineer, registered in the State of Colorado, is required.
B. The applicant shall submit written evidence from the Colorado Division of
Water Resources demonstrating that the well is appropriately permitted for
commercial use.
C. The applicant shall address the requirements of the Colorado Division of
Water Resources, as stated in the referral response, dated January 17,
2023. Written evidence of such shall be submitted to the Weld County
Department of Planning Services.
D. The applicant shall address the requirements of the Colorado Department
of Transportation as stated in their referral, received February 13, 2023.
Written evidence that an Access Permit has been obtained shall be
provided to the Department of Planning Services.
E. A Lighting Plan shall be submitted to, and approved by, the Department of
Planning Services.
F. The map shall be amended to delineate the following:
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1) All sheets of the map shall be labeled USR22-0035.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall delineate the trash collection areas on the map.
Section 23-2-240.A.13 of the Weld County Code addresses the
issue of trash collection areas.
5) The applicant shall show and label all section line right-of-way for
County Road 73 and County Road 76 as "Section Line
Right -of -Way, not County maintained." All setbacks shall be
measured from the edge of the right-of-way.
6) The applicant shall show the Colorado Department of
Transportation (CDOT) right-of-way, for State Highway 392, on the
site map, along with the documents creating the right-of-way.
7) The applicant shall show the approved Colorado Department of
Transportation (CDOT) access point on the site map and label with
the approved Access Permit number, if applicable.
8) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
9) The applicant shall 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.
10) The map shall delineate the existing landscaping and vegetation.
11) The map shall delineate the on -site lighting in accordance with the
approved Lighting Plan.
12) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2 of the Weld County Code.
13) The map shall delineate the parking area for the vendors,
customers and/or employees.
2. 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
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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 120
days from the date of the Board of County Commissioners Resolution. The
applicant shall be responsible for paying the recording fee.
3. 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 three (3) month period.
4. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required, prior to the start of construction.
5. Prior to Operation:
A. Building Permit CMN22-0131 (for a Change of Use from an Agriculture
Exempt building to a Commercial building) shall be finalized.
6. 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of April, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dia4ki v;ve,
Weld County Clerk to the Board
BY:
AP
County Attorney
Date of signature: os fo I A3
Mike Frgeman, Chair
Lori Saine
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
STEVEN WELLS
USR22-0035
1. Site Specific Development Plan and Use by Special Review Permit, USR22-0035, is for
an Events Facility, not agriculture -related, for up to 200 people, located outside of
subdivisions or historic townsites in the A (Agricultural) Zone District, 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. Any future structures or uses onsite must obtain the appropriate Zoning and Building
Permits.
4. The hours of operation are 6:00 a.m. - 12:00 a.m., Monday — Sunday, 365 days a year.
5. The parking area on the site shall be maintained.
6. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code.
7. The existing vegetation and trees onsite shall be maintained.
8. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
9. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
10. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
11. Weld County is not responsible for the maintenance of on -site drainage related features.
12. The historical flow patterns and runoff amounts on the site will be maintained.
13. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, C.R.S. §30-20-100.5) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
14. 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, C.R.S. §30-20-100.5.
15. Waste materials shall be handled, stored, and disposed of 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 I of the Weld
County Code.
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16. 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.
17. Any On -site Wastewater Treatment System (OWTS) located on the property must comply
with all provisions of the Weld County Code, pertaining to OWTS.
18. 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.
19. The facility shall comply with Colorado Retail Food Establishment Rules and Regulations
governing the regulation of food service establishments.
20. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
21. Lighting shall be maintained in accordance with the accepted Lighting Plan.
22. 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.
23. 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 have 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, or an Open Hole Inspection shall be required. A Building Permit must be issued,
prior to the start of construction.
24. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
25. 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.
26. 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
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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.
27. 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.
28. 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 the Department of Planning Services may grant an
extension of time, for good cause shown, upon a written request by the landowner.
29. 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.
30. 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. Oftentimes, 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.
31. The Weld County Right to Farm Statement, as it appears in Section 22-2-30.A.4.a of the
Weld County Code, shall be placed on the map and recognized at all times.
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