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LAND USE APPLICATION
SUMMARY SHEET
Chris Gathman
Case Number: USR23-0025
Owner/Applicant: Sandra Strobel
2225 64th Avenue, Greeley, CO 80634
Representative: Erin Kress
THEngineering, LLC
PO Box 337748, Greeley, CO 80633
Site Address: 8601 County Road 8, Brighton, CO 80603
Request:
Legal
Description:
Hearing Date: October 3, 2023
A Site -Specific Development Plan and Use by Special Review for an Event Facility (not
agriculture -related) outside of subdivisions and historic townsites in the A (Agricultural)
Zone District.
Lot B of Amended Recorded Exemption AMRE-936; Being part of the SE4 of Section 16,
Ti N, R67W and part of the NE4 of Section 21, Ti N, R67W, of the 6th P.M., Weld County,
Colorado
Location: North and East of and adjacent to County Road 8 and approximately 3,500 -feet east of
County Road 17.
Size of Parcel: ± 12.19 acres Parcel Nos. 1469-21-0-00-074
1469-16-0-00-056
The criteria for review of this Special Review Permit are 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:
➢ Weld County Department of Public Health and Environment, referral dated July 18, 2023
➢ Weld County Department of Planning Services — Development Review, referral dated June 30, 2023
➢ City of Fort Lupton, referral dated July 26, 2023
➢ Colorado Division of Water Resources, referral dated June 27, 2023
➢ Fort Lupton Fire Protection District, referral dated June 23, 2023
➢ Weld County Department of Planning Services - Building Inspection, referral dated June 22, 2023
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ Adams County, referral received August 3, 2023
➢ Big Dry Creek, referral dated June 27, 2023
➢ City of Dacono, referral dated June 23, 2023
➢ Weld County Sheriff's Office, referral dated June 22, 2023
➢ Weld County School District RE -8, referral dated June 27, 2023
USR23-0025 - Strobel
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The Department of Planning Services' staff has not received responses from the following agencies:
➢ Colorado Parks and Wildlife
➢ US Army Corps of Engineers
➢ North Star Reservoir
➢ Thompson Ditch
➢ Longmont Conservation District
➢ West Adams Conservation District
Case Summary:
The applicant (under the business name Selah Springs LLC) is proposing to operate an event venue for
hosting weddings, family reunions, birthdays, quinceaneras, bar mitzvahs, bat mitzvahs, community barn
dances, business receptions and other celebrations and ceremonies. The proposed layout of the facility will
consist of three (3) outdoor areas including a chapel (open framed), a peninsula and an amphitheater and
50 x 120 building that will include a reception room, restrooms, storage and other rooms for hosting events.
A front gate and a pergola (by the parking area) are proposed as well.
The application indicates that events would have a maximum of 350 people at any one time. Proposed non-
event hours of operation are from 8AM to 5PM on Mondays and Thursdays and 8AM to 8PM Tuesdays and
Wednesdays. Activities during non-event hours would include cleanup, showing property to potential
clients, groundskeeping...
Proposed Event hours would be Fridays and Saturdays from 2PM to 11PM, Sundays 2AM to 10PM and
potentially Thursdays (during the summer) from 2PM to 11PM. Clean up from events would be completed
by 12AM or the following morning.
Up to two (2) full-time employees may be hired and temporary employees would include security personnel
(one (1) per every one hundred (100) guests). Cleaning, groundskeeping, trash, landscaping, waste
management along with vendors (DJs, catering...) would access the site during the week and/or during
events. The applicant is proposing to use a well (permitted under Well Permit #86911 for residential,
domestic animal watering, irrigation and commercial purposes) for water and a new on -site wastewater
treatment system is proposed for sewer.
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: "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 proposed use will not inhibit agricultural production or operations and is generally
harmonious with the surrounding land uses.
Section 22-2-30.C. Harmonize development with surrounding land uses.
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The proposed facility has submitted a noise study that indicates that the facility will satisfy the
residential noise limit measured 25 -feet f rom the property line. An improvements and road
maintenance agreement is required with up f ront road improvements to address and mitigate
impacts to the County Road in this location (County Road 8).
Section 22-2-30.C 1. Transition between land use types and intensities with buffers. Uses that
are incompatible with existing uses must be able to mitigate conflicts.
There is a berm along County Road 8 and the south property line, and the applicant is
proposing to replace existing Russian Olive Trees with evergreen trees on the north property
line. The berm and trees will assist in screening and assist as a wind break and assist in
controlling dust blowing off the property and act as a buffer from adjacent properties.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District.
Section 23-3-10. — Intent, of the Weld County Code states, "Agriculture in the County is
considered a valuable resource which must be protected f rom adverse impacts resulting f rom
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."
No cropland land will be removed under this request and agricultural land will no t be adversely
impacted by this use. This is consistent with the intent of the Agricultural (A) Zone District stated
in Section 23-3-10 of the Weld County Code.
Section 23-3-40 — Uses by special review, of the Weld County Code includes, "J. Event
Facilities not agriculture -related."
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The adjacent lands consist of pasture, a reservoir and rural residences. There are ten (10)
residences within 1,100 -feet of the property boundary. The nearest residences are located
approximately 160 -feet to the west and 300 -feet to the south.
There are four (4) USRs within 2,500 -feet of the site, USR18-0098 (Greater than 12-inch-hig h
pressure gas line, USR-648 (horse sale, show and training facility), USR18-0098 (greater than
12 -inch high pressure natural gas line), USR-1482 (tree trimming business and vehicle storage)
and SUP -327 (dairy for up to 300 cows).
The Weld County Department of Planning Services sent notice to nine (9) Surrounding Property
Owners. Planning staff received correspondence from one (1) surrounding property owner
approximately 520 -feet east of the property boundary for the event center. The letter outline
concerns about noise, water (would reduce aquifer in the area), potential for waste and litter
getting into the adjacent reservoir, wildlife impacts, f ire concerns, potential for guests
trespassing onto adjacent properties and theft concerns. The letter requests to limit the
occupancy limit of thirty (30) people.
The applicants have submitted a noise study indicating that the proposed event center will
adhere to the residential noise limits. The property has a well permit (86911-F) permitted for
commercial and other uses. The Colorado Division of Water Resources, in their referral
response dated June 27, 2023, stated that they have no comments as long as the existing well
permit 86911-F is only utilized for allowable permitted uses associated with the event venue.
Additionally, the Division of Water Resources is requiring that the applicant ensure that water
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from the Northstar Reservoir is decreed for irrigation use prior to using this water to irrigate the
property. Trash enclosures are proposed to be located in three (3) locations on the property.
The application questionnaire indicates that cleanup will occur either immediately after the
event or the following morning. Security personnel would be on site during events (1 per every
100 guests).
An Improvements Agreement (for roads and traffic) requiring up f ront improvements to County
Road 8 to address the impacts of additional traffic associated with events , an updated
Landscaping/Screening Plan and lighting plan are required. The Development Standards
(including development standards establishing limits on the hours of operation and number of
guests) and 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.
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.
The site is located within the Coordinated Planning Agreement Area (CPA) for the City of Fort
Lupton. As part of the pre -application process the municipality was sent a Notice of Inquiry
(NOI). The City of Fort Lupton returned the Notice of Inquiry dated May 12, 2023, stating that
they had spoken with the property owner and that the property owner did not wish to annex at
this time.
The site is located the Agrarian Living District on the City of Dacono 2017 Three Mile Plan.
The site is located within the three (3) mile referral areas of the City of Fort Lupton, City of
Dacono and Adams County. The City of Dacono and the Adams County submitted referral
Comments stating they had no conflicts with their interests dated August 7, 2023, and July 12,
2023. The City of Fort Lupton, in their referral response dated July 26, 2023, stated t hat the
site is designated as Ag and Rural Residential on the City of Fort Lupton future land -use map
delineated in the Fort Lupton Comprehensive Plan (Picture Fort Lupton) dated May, 2018. Fort
Lupton does not find a conflict with this proposal since Ag zoning, ag uses and residential uses
still exist on the property.
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 located within any overlay district officially adopted by the County, including
A -P (Airport) Overlay District, 1-25 Overlay District, Geologic Hazard Overlay District, MS4 -
Municipal Separate Storm Sewer System area, Special Flood Hazard Area, Historic Townsites
Overlay District, or Agricultural Heritage Overlay District.
Building Permits issued on the lot will be required to adhere to the fee structure of the County -
Wide Road Impact Fee Program. Building Permits issued on the proposed lot will be required
to adhere to the fee structure of the 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 Natural Resources Conservation Services (NRCS) Soil Survey indicates that 76.3% of the
site consists of low -slope (0-1%) Nunn Clay Loam and 9.7% of the site consists of low slope
(1-3%) Nunn Clay Loam. Both soil types are classified as "Prime Farmground if Irrigated". The
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property is covered by existing an existing residence and outbuildings and No Prime Farmland
will be removed from production.
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.
The Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. An Improvements and Road Maintenance Agreement with up -front improvements is required
for off -site improvements at this location. Road maintenance includes, but is not limited to, dust
control and damage repair to specified haul routes. The Agreement shall include provisions
addressing engineering requirements, submission of collateral, and testing and approval of
completed improvements. The Agreement shall include the requirement for the submission of an
acceptable traffic management plan to direct existing traffic to County Road (CR) 8 east to County
Road (CR) 19.
Upfront improvements of CR 8 shall extend from 100 -feet west of the access to the intersection of
CR 8 and CR 19. Additionally, the finished road surface shall match the existing driveways.
The up -front improvements shall include but not be limited to:
• Widen CR 8 as necessary to meet the 26 -foot -wide criteria as specified in the Code;
• Provide a crown on CR 8 of 3% to center of road and 3-4% in the super elevations on the
curves;
• Provide compacted subgrade to meet criteria as specified in the Code; and,
• Finish driving surface of CR 8 with 4" of compacted RAP base with a topical application
of mag chloride, as specified in the Code.
The triggered improvements shall include, but not be limited to, warranted upgrades to the
travel routes.
Maintenance of this portion of CR 8 shall include, but not be limited to, mag chloride, as needed,
in addition to the annual application provided by the County. (Development Review)
B. The applicant shall address the requirements of the Fort Lupton Fire Protection District, as
stated in the referral response dated June 23, 2023. Written evidence of such shall be
submitted to the Weld County Department of Planning Services. (Department of Planning
Services)
C. The applicant shall address the requirements of the Colorado Division of Water Resources, as
stated in the referral response dated June 27, 2023. Written evidence of such shall be
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submitted to the Weld County Department of Planning Services. (Department of Planning
Services)
D. The applicant shall acknowledge the requirements of the Weld County Department of Planning
Services - Building Inspection, as stated in the referral response dated June 22, 2023. Written
evidence of such shall be submitted to the Weld County Department of Planning Services.
(Department of Building Inspection)
E. A Communication Plan shall be submitted to and approved by the Department of Planning
Services. (Department of Planning Services)
F. A Lighting Plan shall be submitted to and approved by the Department of Planning Services .
The Lighting Plan narrative indicates that lighting will be located in landscaped areas with
walking paths. If additional lighting is proposed in these areas, it shall be identified on the
lighting plan. (Department of Planning Services)
G. An amended Landscape and Screening Plan shall be submitted to and approved by the
Department of Planning Services. The application questionnaire indicates that existing Russian
Olive Trees will be replaced with evergreen trees. These trees and proposed heights at planting
shall be identified on the Landscape Plan. Additionally, the parking area has minimal screening
from adjacent properties (particularly the property located to the west). The Landsc ape and
Screening Plan shall be amended as follows:
1) The height and location of the proposed evergreen trees shall be indicated.
2) The parking lot shall be screened from the adjacent property to the west by a minimum 6 -
foot screening fence or equivalent vegetative screening. (Department of Planning
Services)
I. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR23-0025 (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 23-2-240.A.13
of the Weld County Code addresses the issue of trash collection areas. (Department of
Planning Services)
5. The map shall delineate the landscaping and screening in accordance with the approved
Landscape and Screening Plan. (Department of Planning Services)
6. The map shall delineate the onsite lighting in accordance with the approved Lighting Plan.
(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, if applicable. (Department of Planning Services)
8. The map shall delineate the parking area for the vendors, customers and/or employees.
Adequate parking shall be identified to meet a minimum ratio of one (1) parking spaces per
every four (4) guests. The map shall delineate the internal fire lane (emergency access)
for direct access to the event facility and event facility structure. The parking plan shall
identify accessible access from the parking lot (particularly the north parking lot) to the
event venues. (Department of Planning Services)
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9. County Road 8 is a gravel road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 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 f rom the edge of right -of-way. This
road is maintained by Weld County. (Development Review)
10. Show and label the existing permitted access point onto CR 8. For the proposed access,
specify the approved access width, and the appropriate turning radii on the site plan.
(Development Review)
11. Show and label the tracking control on the site plan. (Development Review)
12. Show and label the site drainage flow arrows. (Development Review)
13. Show and label the parking and traffic circulation f low arrows showing how the traffic moves
around the property. (Development Review)
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 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)
3. In accordance with Appendix 5-J of the Weld County Code, should the map not be recorded within
the specified timeline f rom 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)
4. 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)
5. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on -site construction.
(Development Review)
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Development Review)
6. The Use by Special Review 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 map 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
Sandra Strobel
USR23-0025
1. A SiteSpecific Development Plan and Use by Special Review Permit, No. USR23-0025, for an
Event Facility (not agriculture -related) outside of subdivisions and historic townsites in the A
(Agricultural) Zone District, subject to the Development Standards stated hereon. (D epartment 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 for events are 2:00 p.m. - 11:00 p.m. Friday — Saturday, Sunday 2:00 p.m. - 10:00 p.m.
throughout the year and Thursdays 2:00 p.m. - 10:00 p.m. during the summer months. (Department
of Planning Services)
4. The maximum number of guests shall be three -hundred f if ty (350) persons, excluding contract staff
such as officiants, musicians, caterers, and contract workers, 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, and Division 2 of the Weld County Code.
(Department of Planning Services)
7. The existing and proposed landscaping and screening on the site shall be maintained in
accordance with the approved Landscape and Screening Plan delineated on the USR map.
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 be responsible for controlling noxious weeds on the site,
pursuant to Chapter 15, Article I and II, of the Weld County Code. (Development Review)
9. 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)
10. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Development Review)
11. Any work that may occupy and or encroach upon any County rights -of-way or easement shall
acquire an approved Right -of -Way Use Permit prior to commencement. (Development Review)
12. The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. (Development Review)
13. The Improvements Agreement for this site may be reviewed on an annual basis, including a site
visit and possible updates. (Development Review)
14. The historical f low patterns and runoff amounts on the site will be maintained. (Development
Review)
15. Weld County is not responsible for the maintenance of onsite drainage related features.
(Development Review)
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16. 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)
17. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded f rom 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)
18. 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, and the
accepted waste handling plan. (Department of Public Health and Environment)
19. 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 and the accepted dust abatement
plan. (Department of Public Health and Environment)
20. This facility shall adhere to the maximum permissible noise levels allowed in in the Residential
Zone as delineated in 25-12-103 C.R.S. The facility shall operate in accordance with the accepted
noise study. (Department of Public Health and Environment)
21. Temporary uses that are utilized for a time period of six months or less, portable toilets and bottled
water are acceptable. 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 f rom public view. If events exceed the above requirement,
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)
22. 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)
23. 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)
24. 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)
25. 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)
26. Lighting shall be maintained in accordance with the approved Lighting Plan (Department of
Planning Services)
27. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties.
Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in
accordance with the map. Neither the direct, nor reflected, light f rom 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)
28. 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
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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)
29. 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.
30. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code. (Department of Planning Services)
31. All buildings shall comply with the setback f rom oil and gas wells per Section 23 -4-700, as
amended.
32. Necessary personnel f rom 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 .
(Department of Planning Services)
33. 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 f rom 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 f rom the
plans or Development Standards are permitted. Any other changes shall be filed in the office of
the Department of Planning Services. (Department of Planning Services)
34. 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. (Department of
Planning Services)
35. Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced
within three (3) years f rom 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.
36. 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.
37. In such cases where the Use by Special Review has terminated but the landowner do es not agree
to request to vacate the Use by Special Review Permit, a hearing shall be scheduled with the Board
of County Commissioners to provide the landowner an opportunity to request that the Use by
Special Review Permit not be vacated, for good cause shown. The landowner shall be notified at
least ten (10) days prior to the hearing. If the Board of County Commissioners determines that the
Use by Special Review has terminated and no good cause has been shown for continuing the
permit, then the termination becomes final, and the Use by Special Review Permit is vacated.
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
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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 lif e 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; f lies 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.
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 f rom 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 f ire. 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.
USR23-0025 - Strobel
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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.
USR23-0025 - Strobel
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August 8, 2023
DEPARTMENT OF PLANNING SERVICES
1402 North 17th Ave
Greeley, CO 80631
Website: www.weld.gov
Email: cgathman@weld.gov
Phone: (970) 400-3537
Fax: (970) 304-6498
Erin Kress
PO Box 337748
Greeley, CO 80633
Subject: USR23-0025 - A Site -Specific Development Plan and Use by Special Review Permit for Event
Facilities (not agriculture -related) outside of subdivisions and historic townsites in the A (Agricultural)
Zone District.
On parcel(s) of land described as:
Part of Lot B of Amended Recorded Exemption, RE -936; being part of the SE4 of Section 16, and part of
the NE4 of Section 21, all in Ti N, R67W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on October 3, 2023 at 1:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on November 8, 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,
/C) '
Chris Gathman
Planner
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May 16, 2023
Chris Gathman
Weld County Department of Planning Services
1402 N. 17th Ave
Greeley, CO 80632
RE: Selah Springs Wedding Venue
Dear Chris:
This letter is in response to your May 10, 2023 email regarding the USR application review for
Selah Springs. Please see the below responses from Dain Strobel with Selah Springs.
1) Drainage report must include letter of acceptance from irrigation company.
Please see attached letter from Big Dry Creek Ditch Company president Gary Howard.
2) Provide a noise study.
We plan to conduct a noise study this week and will provide results as soon as possible.
It is very important to us to treat our neighbors well. We have put a lot of thought and
planning into minimizing the amount of noise that would leave our property and
potentially bother our neighbors. Our landscaping and design of the property has been
set to assist in meeting Weld County's noise standards, and we will adhere to those with
each event. The landscaping and contour of our property assists in keeping noise on our
property. The closest neighbor is about 1,2000 feet from our event site.
Before our building is built, we will use tents, and keep strict rules on the levels of the
music and noise. When the building is built, it will assist in containing the noise inside
and minimize the amount that escapes our property because of how we have designed
it.
We will always continue to maintain and respect the level limits of noise that is
generated on our property and escapes to the surroundings that could affect our
neighbors. We want them to enjoy this venue and not see it as a nuisance.
3) Update the waste handling plan to include how trash during events will be contained on -
site and disposed of
Any trash and recycling accrued by events will be collected and disposed of through a
trash service currently picked up on Tuesday mornings. We will place trash and
recycling bins around the tents/buildings, patios, chapel, amphitheater, and around
larger grass areas for collection. Those will be emptied after every event into one or
PO Box 337748
Greeley, CO 80633
719-661-6209 20997 County Rd 90
thengineeringonline.com Calhan, CO 80808
more dumpsters that will be stored in a fenced and gated enclosure built into the entry
gate to the property where the trash company picks up, and also near the future
building. Any debris that gets into our lake or spreads around or outside our property
will be strained out, picked up and put into the dumpsters after each event, prior to the
next event. We will contract with our neighbors to make sure we clean any debris from
our events from the entirety of the lake and their properties after each event.
4) Update dust abatement plan for on site dust from drive aisles and parking area.
The driveways and parking areas will be kept clean and maintained with good recycled
asphalt. When it is dry, they will be topped with a dust suppressant in order to keep the
quality of the area at its highest, and the dust to a minimum.
5) How will food be provided for events?
Until we have a building with a kitchen, food will be provided by local food truck
businesses that will contract with us. They will be held to state standards for licenses
and cleanliness, and our standards of quality, noise, and professionalism. We have a
one -time -and -you're -out standard by which they must comply or not do business at our
venue. We do not take this lightly! Our standards are set not only for the health and
wellness of our customers and their guests, but also for the value of our venue and our
name.
We have future plans for a kitchen in the building, starting with a commissary kitchen,
and then potentially growing to a full commercial kitchen. This is only a potential,
because we are not sure if it will be worth changing to a full kitchen. This will be
determined by what we feel will best serve our customers, and will only come as we can
afford it. We will get all the necessary permits through the county if or when we decide
to do so. If we were to make this change, we propose that will take a few years to be
able to pay for that.
6) Will the facility adhere to the portable toilet policy or will a septic system be installed
prior to operation?
Until we build our building and install the septic system, we are proposing to use one or
two high -end bathrooms that are self-contained trailered units. They are not simple,
plastic port -a -potties. Each unit will have two bathrooms with their own sinks, lights,
fans, and lockable doors. They are wheelchair accessible with ramps and all the rails
and guards that meet safety standards, and are portable to be dumped at a local RV
dump station after each event.
These units can be attached to a septic hookup to be more permanent, but we were not
planning to put in the septic until we built the building. We are open to putting in the
septic first, but are unsure how much business we would do outside the warm -weather -
window, and thus may not need more than 6 months of use per year.
A third option is that we build a small restroom building that will be incorporated into
our venue building, and put in the septic at the commencement of the venue. This will
have to be determined by the cost and what we can afford at that time.
7) Provide updated Certificate of Taxes.
Dain Strobel provided these to you on May 11, 2023 at 9:00 AM.
8) Will there be events where both inside and outside facilities be used at the same time?
The maximum number of guests will be 350 guests at any one time, using both the
outside and inside spaces. However, we do not want to over tax our facility and have
additional issues with dead grasses, septic size, noise, or overall space, and thus we will
limit the total number of guests with larger groups. The 250 guests for inside is only a
smaller amount for the interior used because it is based off of the calculations we expect
to get from the fire code for number of occupants for the size of our building and
reception room.
9) Notice of Inquiry.
I forwarded the NOIs to Dacono and Fort Lupton. The response from Fort Lupton is
attached. I contacted the City of Brighton as well; they have not responded yet.
However, I did not have an NOI from Weld County to send them, so I'm not sure this is
needed.
10) Provide documentation of irrigation rights
See attached certificate of water rights.
11) Has the applicant had any initial discussions/correspondence with surrounding property
owners regarding this request?
Yes. We have talked with every one of our neighbors within 2,500 feet, almost all out to
about a half mile, and many in all directions even farther. None of them have stated
anything against the idea, and many have encouraged us to "do it." We are very
conscientious about how this will impact them. One of the reasons we want this to be
called an event venue rather than a wedding venue is because we want them to be able
to use this for family reunions, birthday parties, and other personal events, and we'd like
to hold barn dances and fun events for our community.
Feel free to reach out with any further questions or concerns.
Sincerely,
`f ►-\PtC{cJ
Erin P. Kress
THEngineering, LLC
cc: Dain Strobel
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