HomeMy WebLinkAbout20233182.tiffRESOLUTION USR23-0025
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Section 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 "
No cropland land will be removed under this request and agricultural land will not 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, fire
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 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 front improvements to
County Road 8 to address the impacts of additional traffic associated with events , an
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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 that 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
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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 Farm
ground if Irrigated" The 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 Planning Commission 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
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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 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 Landscape 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)
H The map shall be amended to delineate the following
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
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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)
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 from 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 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)
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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)
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)
Motion seconded by Barney Hammond
VOTE
For Passage
Elijah Hatch
Skip Holland
Butch White
Pamela Edens
Michael Wailes
Michael Palizzi
Virginia Guderjahn
Barney Hammond
Against Passage Absent
Shana Morgan
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioners for further proceedings
Certification of Copy
I, Michelle Wall, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on October 3, 2023
Dated the 3r° day of October 2023
Michelle Wall
Secretary
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Sandra Strobel
USR23-0025
A Site Specific 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
(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 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)
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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 flow 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)
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 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)
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 from 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)
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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 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)
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 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 from oil and gas wells per Section 23-4-700,
as amended
32 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 (Department of Planning Services)
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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
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 (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 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
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 does
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 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
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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 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 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
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
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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
Travis Hertneky, ThEngineenng, PO Box 337748, Greeley, Colorado Mr Hertneky explained that
ThEngmeenng has been hired to help with the engineering portions of this project They have been working
with drainage, roads, survey, etc Mr Hertneky provided a copy of their road -improvement estimate into
the record Because of the upfront road improvements that are required from the County, the project to
rebuild the road from the applicant's driveway to County Road 8, is estimated at $100,000 00 Mr Hertneky
feels that is an excessive cost to request of a small business that intends to hold a few events a year The
traffic from the event center would cause minimal impact to the road Mr Hertneky said that he requests a
more refined scope of road maintenance from Weld County
Commissioner Wailes asked Mr Hertneky what he thinks should be refined Mr Hertneky said that they
would request the road maintenance requirements be revised to applying mag chloride a specific number
of times per year
Commissioner Edens asked Mr Strobel how he calculated how many vehicles per family will be parked at
an event such as a wedding Mr Strobel explained that there are websites that post statistics on events
and similar studies for individuals planning to start a venue
Commissioner Wailes asked Mr Strobel to explain the total shares of water in North Star Reservoir Mr
Strobel said there is 9 and two sixths total shares The farmer to the east is the only person who has
holding rights and he owns 9 shares Mr Strobel owns a sixth of a share and that is plenty of water to
irrigate his 12 -acre property
Commissioner Hammond questioned Mr Strobel about the number of events he plans on having Mr
Hammond said that they are saying a few events a year but are they really going to have 50 events a year
Mr Strobel said they want to have enough events to help pay for the property, but they do not plan to be a
nuisance to the neighborhood He does not plan to exceed 20 to 25 events per year Mr Hammond
explained that Public Works looks at his numbers to determine the amount of traffic that could impact that
road Mr Strobel said he is willing to help pay for the road but also wants it to be done fairly and not be
paying for road improvements that are not created from traffic to the business
The Chair asked if there was anyone in the audience who wished to speak for or against this application
Jennifer Hart, 3444 County Road 19, Fort Lupton, Colorado Ms Hart stated that she is strongly opposed
to the proposed event center in their neighborhood She is concerned about noise, privacy, lights, traffic,
safety concerns, construction of the business, alcohol usage leading to possible DUls or public
disturbances, and the possibility of crime Ms Hart does not wish to have the tranquility and peacefulness
of the neighborhood disturbed by events held at the applicant's property She is also concerned about
wildlife preservation
Stephanie Vest, 2637, County Road 19, Fort Lupton, Colorado not permitted Ms Vest is concerned about
the usage of water, such as the water that is retained in the reservoir and an irrigation ditch She said that
the surrounding property neighbors would feel more comfortable if the applicants would secure municipal
water Ms Vest is concerned about noise, lighting and privacy She stated that agricultural activities
happen in the neighborhood that could impact a wedding ceremony or event, activities such as burning
ditches, dust, noises and smells that come from agriculture Ms Vest feels these activities are incompatible
with an event center and create conflict
Mr Strobel stated that he is also concerned about the same issues that his neighbors are They have
children of their own who live on the property He said he reaches out to his neighbors all the time and has
a good relationship with his neighbors Mr Strobel explained the application process is not easy and they
have been working on it for four years He plans to mitigate and address as many issues as he can
Mr Strobel spoke about the Thompson Ditch that Mr Vest was concerned about Mr Strobel is the
Secretary of the Thompson Ditch Board He explained the water rights and usage of the water in the area
Commissioner Holland asked Mr Strobel if he had any personal interest of using the event center Mr
Strobel said he runs a mission agency and will probably hold his fund raising events at the event center
Commissioner Guderjahn asked if municipal water was available to his property Mr Strobel answered that
it is not
Commissioner Edens asked Mr Strobel if they have to permit the well to commercial Mr Strobel said it is
already permitted as a residential/commercial well
Melissa King, Development Review, asked the Planning Commission to review Condition of Approval 1 A
and look at the specific list of up -front improvements that are listed by Public Works She explained that
those specific improvements are based upon the traffic study and maximum number of people traveling to
and from the site per day
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those The applicant replied that they are in agreement but wish
to have further discussion on the road maintenance agreement and up -front improvements The Planning
Commission discussed that is something that will have to be negotiated with the Board of County
Commissioners
Motion Forward Case USR23-0025 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Michael Wailes, Seconded by Barney Hammond
Vote Motion carried by unanimous roll call vote (summary Yes = 8)
Yes Barney Hammond, Butch White, Elijah Hatch, Michael Palizzi, Michael Wailes, Pamela Edens, Skip
Holland, Virginia Guderjahn
Commissioner Palizzi stated that he thinks the Commissioners should take a look at the traffic numbers
provided by the applicant and if see if they agree that the road improvements should be set at this high of
a level
Commissioner Wailes agrees with the applicant to revisit Condition of Approval 1 A regarding the up -front
road improvements and maintenance agreement
Commissioner Holland stated he also agreed the road improvements and maintenance agreement should
be reviewed
The Chair said he also agrees with the other comments made
The Chair asked the public if there were other items of business that they would like to discuss No one
wished to speak
The Chair asked the Planning Commission members if there was any new business to discuss No one
wished to speak
Meeting adjourned at 6 02 pm
Respectfully submitted,
--t2ecsidit. o° We-t.
MichelleWall
Secretary
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