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Home My WebLink About20230728.tiffRESOLUTION RE: ACTION OF THE BOARD CONCERNING USE BY SPECIAL REVIEW PERMIT, USR23-0003, FOR AN EVENTS FACILITY, NOT AGRICULTURE -RELATED, OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT - JOSE AND MARISELA AVILA 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 22nd day of March, 2023, at the hour of 10:00 a.m., in the Chambers of the Board for the purpose of hearing the application of Jose and Marisela Avila, 39084 County Road 51, Eaton, Colorado 80615, for a Site Specific Development Plan and Use by Special Review Permit, USR23-0003, for an Events Facility, not agriculture -related, outside of subdivisions and historic townsites in the A (Agricultural) Zone District on the following described real estate, to -wit: Lot A of Recorded Exemption, RE -3786; being part of the S1/2 SW1/4 of Section 17, Township 7 North, Range 64 West of the 6th P.M., Weld County, Colorado WHEREAS, the Board heard all of the testimony and statements of those present and reviewed the request of the applicant for a continuance and, having been fully informed, finds that this request be approved and the matter should be continued to April 12, 2023, at 10:00 a.m., to allow the case to be heard by the Planning Commission on April 4, 2023. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the abovementioned matter be, and hereby is, continued to April 12, 2023, at 10:00 a.m. CC PL ('TP/MN/k(), O1(KM), W PPL off/' I/23 2023-0728 PL2863 CONTINUE (USR23-0003) - JOSE AND MARISELA AVILA PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of March, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dotty je&p;ok Weld County Clerk to the Board County A orney Date of signature: 03/30/23 Mike -Freiman, Chair Pro-Tem Stt K. James evin D. Ross Lori Saine 2023-0728 PL2863 Kristine Ranslem Secretary Summary of the Weld County Planning Commission Meeting Tuesday, March 7, 2023 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair, Elijah Hatch, at 1:33 pm. Roll Call. Present: Elijah Hatch, Skip Holland, Sam Gluck, Butch White, Michael Wailes, Pamela Edens, Michael Palizzi. Absent: Shana Morgan. Also Present: Kim Ogle, Diana Aungst, and Jim Flesher, Department of Planning Services; Lauren Light, Department of Health; Karin McDougal, County Attorney, and Kris Ranslem, Secretary. Case Number: USR23-0003 Applicant: Jose and Marisela Avila Planner: Kim Ogle Request: A Site Specific Development Plan and Use by Special Review Permit for an Events Facility, not agriculture -related, outside of subdivisions and historic townsites in the A (Agricultural) Zone District. Legal Description: LotA Recorded Exemption RE -3786; being partS1/2 SW1/4 Section 17, Township 7 North, Range 64 West of the 6th P.M., Weld County, Colorado. LOCATION: East of and adjacent to County Road 51; north of and adjacent to County Road 80. Kim Ogle, Planning Services, stated that the applicant is requesting a continuance to the April 4, 2023 Planning Commission hearing to allow time to assess the implications of the State of Colorado Division of Water Resources referral dated February 10, 2023. The Chair asked if there was anyone in the audience who wished to speak for or against the continuation of this this application. John Long, 25480 CR 80, Eaton, Colorado, stated that he is against having a hearing for this since this particular property has been conducting a business outside of a permit. There are three primary issues: noise, trash, and safety. He added that they would prefer having an investigation into why they are operating without a permit before there is a hearing. Motion: Continue Case USR23-0003 to the April 4, 2023 Planning Commission Hearing, Moved by Michael Wailes, Seconded by Sam Gluck. Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Butch White, Elijah Hatch, Michael Palizzi, Michael Wailes, Pamela Edens, Sam Gluck, Skip Holland. Meeting adjourned at 4:10 pm. Respectfully submitted, 1 MEMORANDUM TO: Planning Commissioners Board of county Commissioners DATE: March 7, 2023 FROM: Kim Ogle, Planning Services SUBJECT: Request for Continuance to determine viability of potable water for domestic and commercial uses associated with USR23-0003 The Department of Planning Services in consultation with the applicant, Marisela Avila, are requesting a continuance of case number USR23-0003 for 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 until the next regularly scheduled Planning Commissioner hearing on April 4, 2023 to allow the applicant's water attorney, P. Andrew Jones, Esq., to assess the implications of the State of Colorado, Division of Water Resources, referral dated February 10, 2023. a D O< February 10, 2023 COLORADO Division of Water Resources Department of Natural Resources Kim Ogle Weld County Planning Department Transmission via email: koale©weldeov.com Re: Rancho El Potrillo Case Number USR23-0003 Lot A of Recorded Exemption RE -3786 Pt. SW'/ of the SW'/,, Section 17, Twp. 7N, Rng. 64W, 6. P.M. Water Division 1, Water District 1 Dear Mr. Ogle: We have reviewed the above referenced application for a Site Specific Development Plan and Use by Special Review for an event center. The submitted material does not appear to qualify as a "subdivision" as defined in section 30-28-101(10)(a), C.R.S. Therefore, pursuant to the State Engineer's March 4, 2005 and March 11, 2011 memorandums to county planning directors, this office will only perform a cursory review of the referral information and provide comments regarding the proposed water supply. The comments will not state an opinion on the adequacy of the water supply or the ability of the water supply plan to satisfy any County regulations or requirements, and cannot be used to guarantee the issuance of a well permit or the physical availability of water. The applicant seeks to operate an event center in an existing 2,880 -square foot utility building. The applicant has proposed to add two restrooms and a porch to the utility building, and add gravel to the parking area. The subject parcel is approximately 5.71 acres in size and has historically been used for residential purposes. The event facility will have a maximum occupancy of 300 people. No more than 5 livestock/horses will be present at each event. The property currently has horse corrals, but it was not indicated if horses are currently kept at the property or if they will be brought in for events. The proposed water supply for the event facility is an existing well with permit no. 256559. The application materials state that there are six wells on the property; however the applicant confirmed over the phone that there is only one well with six faucets. Well permit no. 256559 was issued pursuant to section 37-92-602(3)(b)(II)(A), C.R.S., as the only well on a tract of land of 40 acres described as the SW'A of the SWt/, of Section 17, Township 7 North, Range 64 West of the 6th P.M., which consists of Lot A and a portion of Lot B of Recorded Exemption RE -3786. As a result of the land division approved in Recorded Exemption RE -3786, the lot upon which the well is located is than the 40 acres considered when the permit was issued. The well was not constructed at the time the land was divided, therefore section 37-92-602(3)(b)(IV), C.R.S., is not applicable and the presumption of noninjury that allowed for the issuance of the well permit has been lost. This office has typically not sought to revoke existing domestic well permits if they are located on parcels that are now less than 35 acres, but this position may change in the future and does not prevent a neighbor or other party from requesting a hearing to have the permit revoked. The Site Specific Development Plan will neither resolve nor exacerbate this issue, therefore our office has no opposition to the subject application if the well will continue to be used for domestic purposes only. However, the owners of well permit no. 256559 should be aware that the permit is currently not in good standing and they may be required to re -permit their well in the future. 1313 Sherman Street, Roam 821, Denver, CO 80203 P 303.866.3581 jrltos://dwr.cotorado.itov I Jared S. Polls, Governor I Dan Gibbs, Executive ()hector Kevin, G. Rein, Slate Engineer/Director Rancho El Petrillo February 10, 2023 Case No. USR23-0003 Page 2 of 3 Permit no. 256559 allows the use of groundwater from the well for fire protection, ordinary household purposes inside up to three single-family dwellings, the irrigation of not more than one acre of home lawns and gardens, and the watering of domestic animals. Under State Engineer's Policy 2011-3, a business may be conducted on a property served by a residential well that does not specifically allow for commercial use so long as certain conditions are met, including that no additional water is diverted or consumed as a result of the business. Water from a well permitted for residential purposes may be used to water domestic animals that are used in a commercial endeavor so long as the property has a home that is the primary single-family residence for the party that owns the animals; the commercial endeavor is not the primary reason for owning the animals; the revenue from the endeavor is not the primary source of income for any party; and no water is used in the commercial endeavor other than for the watering of the animals. Because of the proposed bathrooms intended for event center guests and because water is proposed to be used for dust control, it does not appear that the proposed operation will meet these conditions, and therefore water for the event center cannot be provided by the well with permit no. 256559. The existing well could potentially be re -permitted for commercial exempt purposes, which would allow the use of groundwater from the well for both in-house residential use and indoor commercial drinking and sanitary facilities at an event center; however, water from the well would not be able to be used for dust control, irrigation, domestic animal or livestock watering, or for any other purpose outside the business building structure(s). A new permit for exempt commercial use of the well would also be limited to withdrawing an annual volume of '/ of an acre-foot (108,600 gallons). This office would not be opposed to water for dust control and for the watering of domestic animals and livestock owned by the owners, visitors, or event staff being supplied by another legal source of water, such as a water truck, so long as it is filled using a source permitted or decreed for such non-exempt commercial use. The applicant has not proposed to construct any stormwater infrastructure. The Drainage Narrative states that the change of use will not increase the imperviousness of the site. The Site Specific Development Plan and Use by Special Review should not be approved until the applicant has identified a legal source of water supply for the event center bathrooms, dust control, and the watering of domestic animals/livestock owned by parties other than those residing in the single-family dwelling on the property. Should you or the property owner/agent have any questions regarding this matter, please contact Javier Vargas -Johnson of this office at 303-866-3581 ext. 8227 or Javier.vargasjohnsoncastate.co.g . Sincerely, Sarah Brucker, P.E. Water Resources Engineer Cc: Owners (Jose Avila and Marisela Avila, mnaiei®hotmail.conn) Well permit file no. 256559 Referral file no. 30633 �0 COLORADO Division of Water Resources i Department or Natural Resosces WELL PERMIT NUMBER 256559 - RECEIPT NUMBER 0522826 ORIGINAL PERMIT APPLICANTS) WEISDORFER CAMERON Et STEPHANIE APPROVED WELL LOCATIOIy Water Division: 1 Water District: 1 Designated Basin: N/A Management District N/A County: WELD Parcel Name: N/A Physical Address: N/A SW114 14 SW 1/4 Section 17 Township 7.0 N Range 64.0 W Sixth P.M. UTM COORDINATES (Meters. Zone: 13, NAD83) Fasting: 535365.3 Northing: 449067B.5 ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT cONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking retie( in a civil court action. 2) The construction of this well shall be in compliance with the Water Web Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92.602(3)(b)(i!)(A) as the only well on a tract of land of 40.00 acres described as the SW 1/4 of the SW 1/4, Sec. 17, Twp. 7 N, Rng. 64 W, Sloth P.M., Weld County. 4) The use of ground water from this well is limited to fire protection, ordinary household purposes inside not more than three 13) single family dwellings, the irrigation of not more than one (l) acre of home gardens and lawns, and the watering of domestic animals. 5) The pumping rate of this well shall not exceed 15 GPM. 6) The return flow from the use of this welt must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well Is located. 7) This well shall be constructed not more than 200 feet from the location specified on this permit. See Ongass Peeve Issued By Date Issued: 4/20/2004 Expiration Date: 4/20/2006 PERMIT HISTORY 03-02-2020 03.02-2020 10-20-2011 CHANGE IN OWNER NAME/MAILING ADDRESS. CHANGED TO JOSE I AVILA VERGARA CHANGE IN OWNER NAME/MAILING ADDRESS. CHANGED TO MARISELA AVILA CHANGE IN OWNER NAME/MAILING ADDRESS Printed 04-10.2020 For questions about this pevrnft call 303.866.3581 or go to www,water.state.m.us Page 1 of 1 Hello