HomeMy WebLinkAbout20231734.tiffBefore the Weld County, Colorado, Planning Commission
Resolution of Recommendation to the Board of County Commissioners
Moved by Michael Wailes, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
Case Number:
Applicant
Planner
Request:
Legal Description:
Location:
USR23-0012
Regional Transportation District and Jeffrey and Rachel Rummer c/o Colorado
Railbike Adventures, LLC c/o Robert Rummer.
Maxwell Nader
A Site Specific Development Plan and Use by Special Review Permit for a
Commercial Recreation Facility and Event Facility outside of subdivisions and
historic townsites in the A (Agricultural) Zone District.
Part of the S1/2 of Section 8 part of the SE1/4 of Section 7: part of the E1/2 and
the SW1/4 of Section 18: part of the N1/2 N1/2 of Section 19, all located in
Township 1 North, Range 68 West of the 6'° P.M.. Weld County.. Colorado.
West of and adjacent to County Road 3: approximately 0.25 miles south of County
Road 10.5.
be recommended favorably to the Board of County Commissioners 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 Planning Commission that the applicant has shown compliance with
Section 23-2-220 of the Weld County Code as follows:
Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-10. B. states: "Respecting Private Property Rights. One of the basic principles
upon which the United States was founded is the right of citizens to own and utilize property
so long as that use complies with local regulations and does not interfere with or infringe
upon the rights of others."
The request to utilize the parcels located on a currently non -agriculturally productive land for
a Railbike Business is in line with this section of the Comprehensive Plan. The property
owner's business will comply with local regulations and does not appear to interfere with or
infringe upon the rights of others. Additionally the land was dedicated to Union Pacific
Railroad (UPRR) prior to being purchased by Regional Transportation District (RTD).
Section 22-2-30.A.1 states: "Land use changes should not inhibit agricultural production nor
operations.
The request for a Railbike business does not inhibit agricultural production or operations.
The proposal is located primarily on Regional Transportation District (RTD) owned
properties, with the rail intact. This land has not recently been farmed and therefore will not
negatively impact agricultural production and operations.
Section 22-2-40.A.1 states: "Identify target areas where the County is able to encourage
shovel -ready commercial and industrial development."
The request for a Railbike business will be utilizing existing rail infrastructure owned by
Regional Transportation District (RTD). The use of the existing rail promotes the business
and also supports a local small business and will help boost the economy in this area.
Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District.
Sec. 23-3-10.-- Intent, of the Weld County Code states. `Agriculture in the County is
considered a valuable resource which must be protected from adverse impacts resulting
from uncontrolled and undirected business. industrial and residential land uses. The A
RESOLUTION USR23-0012
Regional Transportation Distract and Jeffrey and Rachel Rummer c/o Colorado Railbike Adventures, LLC
do Robert Rummer
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(Agricultural) Zone District is established to maintain and promote agriculture as an essential
feature of the county The A (Agricultural) Zone District is intended to provide areas for the
conduct of agricultural activities and activities related to agriculture and agricultural
production, and for areas for natural resource extraction and energy development, without
the interference of other, incompatible land uses "
Section 23-3-40 H -- Uses by special review, of the Weld County Code allows for an
"Commercial Recreational Facilities" in the (A) Agricultural Zone District and Section 23-3-
40 J — Uses by Special Review, of the Weld County Code allows for an "Event Facilities, not
agricultural -related" in the (A) Agricultural Zone District Both of the following code sections
allow the applicant to apply for the Railbike business
C Section 23-2-220 A 3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses
The surrounding properties are a mix of suburban and rural residential lots but also many
residential lots located within the Town of Erie's limits Additionally, there are large vacant
lots located within the Town of Erie's limits There are currently no Use by Special Review
Permits on the subject properties There is one Special Review permit within one (1) mile of
the subject property, SUP -413 for a salvage and storage yard Most properties adjacent to
the subject parcels are located within the Town of Erie
The Weld County Department of Planning Services sent notice to roughly one hundred
eighty five (185) surrounding property owners within five hundred (500) feet No
correspondence was received back from surrounding property owners regarding the
proposed application
The proposed use is in an area that can support this development and the existing
screening, the Development Standards, and the Conditions of Approval will assist in
mitigating the impacts of the facility on the adjacent properties and ensure compatibility with
surrounding land uses and the region
D Section 23-2-220 A 4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities
This site is located within the three (3) mile referral area of the Town of Erie, Town of
Frederick, and City of Dacono Both the City of Dacono and Town of Frederick returned
referrals with no concerns dated March 6, 2023 and March 7, 2023, respectively The Town
of Erie did not return a referral The site is not located within any existing Intergovernmental
Agreement Area (IGA) of a municipality
The Town of Erie's Comprehensive Plan — 2015, identifies the subject properties as many
different uses The RTD properties are identified as either open space, public use or rural
residential Rural residential is the same identification as the primary property where the
railcars and events will be located
E Section 23-2-220 A 5 -- The application complies with Chapter 23, Articles V and XI, of the
Weld County Code
The property is not within the following overlay districts, including, the Airport Overlay
District, Historic Townsites Overlay District, 1-25 Overlay District, the Municipal Separate
Storm Sewer Systems (MS4) defined boundary or Agricultural Heritage Overlay District
Properties associated with request are located within the Geologic Hazard Overlay District,
RESOLUTION USR23-0012
Regional Transportation District and Jeffrey and Rachel Rummer c/o Colorado Railbike Adventures. LLC
c/o Robert Rummer
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specifically parcel number 146718400031. which is located within the extent of a mine in this
area. The USR request will not be negatively impacted by this nor will the use of the USR
negatively impact the mine. Properties are also located within the Special Flood Hazard
Area. Per their referral dated March 14, 2023, Floodplain had standard comments and
requirements for the request but had no concerns.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee, County Facility Fee and Drainage Impact Fee Programs.
Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
The site contains soils designated as "High Potential Dry Cropland — Prime if irrigated" or as
"other" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map.
The subject properties are mostly created of old Railroad Rights -of -Way. These properties
have not been utilized for farming. Therefore. no agricultural land will be impacted by this
USR request.
G Section 23-2-220.A.7 — There is adequate provisions for the protection of the health. safety.
and welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards
(Section 23-2-250. Weld County Code). Conditions of Approval and Development Standards
can ensure that there are adequate provisions for the protection of health, safety. and
welfare of the inhabitants of the neighborhood and County.
This proposal has been reviewed by the appropriate referral agencies and it has been
determined that the attached conditions of approval and development standards ensure that
there are adequate provisions for the protection of the health, safety and welfare of the
inhabitants of the neighborhood and county and will address and mitigate impacts on the
surrounding area with the operation of this facility.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. An updated Landscape and Screening plan to address the outdoor parking area which
includes the lighting plan shall be submitted to and approved by the Department of Planning
Services. (Department of Planning Services)
A Road Maintenance Agreement is required at this location. Road maintenance includes, but is
not limited to. dust control and damage repair to specified travel routes. (Development Review)
C An acceptable Final Drainage Report and Certification of Compliance, stamped and signed by
a professional engineer licensed in the State of Colorado. is required. (Development Review)
O The On site Wastewater Treatment System permitted as- SP 220036-9 shaU receive final
approva . (Department of Pub is -ea ti anc Environment)
The map shall be amended to delineate the following:
1 All sheets of the map shall be labeled USR23-0012 (Department of Planning Services)
RESOLUTION USR23-0012
Regional Transportation Distnct and Jeffrey and Rachel Rummer c/o Colorado Railbike Adventures, LLC
c/o Robert Rummer
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2 The attached Development Standards (Department of Planning Services)
3 The map shall be prepared in accordance with Section 23-2-260 D of the Weld County
Code (Department of Planning Services)
4 The applicant shall delineate on the map the trash collection areas Section 23-3-350 H
of the Weld County Code addresses the issue of trash collection areas (Department of
Planning Services)
5 The map shall delineate the proposed Landscaping and Screening in accordance with
the approved Landscaping and Screening Plan (Department of Planning Services)
6 The map shall delineate the lighting and shall adhere to standards, in accordance with
Section 23-2-160 U 6 of the Weld County Code (Department of Planning Services)
7 All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division
2, of the Weld County Code (Department of Planning Services)
8 Show and label the location of any emergency and site identification signage
(Department of Planning Services)
9 The map shall delineate the off-street parking area for the customers and employees
with surface type (Department of Planning Services)
10 The applicant shall delineate the location of all curb stops in the parking areas per
Section 23-4-30 D of the Weld County Code (Department of Planning Services)
11 The vehicle parking and office area shall adhere to the Off-street Parking and Loading
Requirements, per Sections 23-4-20 B, 23-4-30 A, Appendix 23-A, 23-4-30 and 23-4-50
of the Weld County Code (Department of Planning Services)
12 The applicant shall delineate the location of all curb stops in the parking areas per
Section 23-4-30 D of the Weld County Code (Department of Planning Services)
13 This site will be required to meet all requirements of the American Disability Act (ADA)
(Department of Planning Services)
14 Show the floodplain and floodway (if applicable) boundaries on the map Label the
floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number or
appropriate study (Department of Planning Services - Floodplain)
15 Show and label all recorded easements and rights -of -way on the map by book and page
number or reception number and recording date (Department of Planning Services)
16 County Road 3 is a paved road and is designated on the Weld County Functional
Classification Map as a collector road which requires 80 feet of right-of-way at full
buildout -The applicant shall delineate and label on the site map or plat the future and
existing right-of-way (along with the documents creating the existing right-of-way) and the
physical location of the road All setbacks shall be measured from the edge of right-of-
way This road is maintained by Weld County (Development Review)
17 Show and label the proposed access(es), approved access width and the appropriate
turning radii on the site plan The applicant must obtain access permit(s) in approved
location(s) (Development Review)
18 Show and label the entrance gate if applicable An access approach that is gated shall be
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RESOLUTION USR23-0012
Regional Transportation District and Jeffrey and Rachel Rummer c/o Colorado Railbike Adventures, LLC
do Robert Rummer
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designed so that the longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed In no event, shall the distance from the
gate to the edge of the traveled surface be less than 35 feet (Development Review)
19 Show and label the -accepted drainage features Stormwater ponds should be labeled as
"Stormwater Detention, No -Build or Storage Area" and shall include the calculated
volume (Development Review)
20 Show and label the approved tracking control on the site plan (Development Review)
21 Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property (Development Review)
3 Prior to Construction
A If there is any disturbance/construction in the floodplain a Floodplain Development Permit is
required (Department of Planning Services - Floodplain)
B The approved access and tracking control shall be constructed prior to on -site construction
(Development Review)
C If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required
(Development Review)
4 Prior to Operation
A The applicant shall develop an Emergency Action and Safety Plan with the Weld County Office of
Emergency Management and the Mountain View Fire Protection District The plan shall be
reviewed on an annual basis by the Facility operator, the Fire District and the Weld County Office
of Emergency Management Submit evidence of acceptance to the Weld County Department of
Planning Services
5 Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic
copy ( pdf) of the map for preliminary approval to the Weld County Department of Planning Services
Upon approval of the map the applicant shall submit a Mylar map along with all other documentation
required as Conditions of Approval The Mylar map shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services The map shall be prepared in
accordance with the requirements of Section 23-2-260 D of the Weld County Code The Mylar map
and additional requirements shall be submitted within one hundred twenty (120) days from the date of
the Board of County Commissioners Resolution The applicant shall be responsible for paying the
recording fee (Department of Planning Services)
6 In accordance with Appendix 5-J of the Weld County Code, should the map not be recorded within
the specified timeline from the date of the Board of County Commissioners Resolution, a $50 00
recording continuance fee shall be added for each additional 3 -month period (Department of
Planning Services)
7 The Use by Special Review Permit is not perfected until the Conditions of Approval are completed
and the map is recorded Activity shall not occur, nor shall any building or electrical permits be issued
on the property, until the Use by Special Review plat is ready to be recorded in the office of the Weld
County Clerk and Recorder or the applicant has been approved for an early release agreement
(Department of Planning Services)
Motion seconded by Shana Morgan
RESOLUTION USR23-0012
Regional Transportation District and Jeffrey and Rachel Rummer c/o Colorado Railbike Adventures, LLC
do Robert Rummer
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VOTE
For Passage
Sam Gluck
Butch White
Pamela Edens
Michael Wailes
Michael Palizzi
Shana Morgan
Against Passage
Skip Holland
Absent
Elijah Hatch
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 June 6, 2023
Dated the 6. day of June 2023
weepi of u ke-e-
Michelle Wall
Secretary
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RESOLUTION USR23-0012
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Colorado Railbike, LLC
USR23-0012
1 A Site Specific Development Plan and Use by Special Review Permit, USR23-0012, for a Commercial
Recreation Facility and Event Facility not agricultural -related outside of subdivisions and historic
townsites in the A (Agricultural) Zone District (Department of Planning Services)
2 Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code (Department of Planning Services)
3 The hours of operation are as follows
a Railbike Excursions Season April - June The days of operation Weekend only The hours of
operation 10 00 a m — 10 00 p m
b Railbike Excursions Season June - September The days of operation Tuesday to Sunday The
hours of operation 10 00 a m —10 00 p m
c Railbike Excursions Season October - November The days of operation Weekend and select
weeknights only The hours of operation 10 00 a m — 9 00 p m
d Railbike Excursions Season Thanksgiving — New Years The days of operation Select weekends
and select weeknights only The hours of operation 10 00 a m ? - 12 00 a m
e The special events Season May — November The days of operation Wednesday — Sunday The
hours of operation 10 00 a m - 12 00 a m (Department of Planning Services)
4 The number of event attendees shall be up to 150, as stated in the application materials (Department of
Planning Services)
5 The parking area on the site shall be maintained (Department of Planning Services)
6 All signs shall adhere to Chapter 23, Article IV, Division 2, of the Weld County Code (Department of
Planning Services)
7 The proposed landscaping and screening on the site shall be maintained Required landscaping and
screening shall be installed within one (1) calendar year of issuance of a building permit or
commencement of use, whichever occurs sooner Dead or diseased plant materials shall be replaced
with materials of similar quantity and quality at the earliest possible time (Department of Planning
Services)
8 The property owner or operator shall provide written evidence of an approved Emergency Action and
Safety Plan on or before March 15th of any given year signed by representatives for the Fire District and
the Weld County Office of Emergency Management to the Department of Planning Services (Department
of Planning Services)
9 Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where
such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the
plan Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators
of motor vehicles on public or private streets No colored lights may be used which may be confused
with, or construed as, traffic control devices (Department of Planning Services)
RESOLUTION USR23-0012
Regional Transportation District and Jeffrey and Rachel Rummer c/o Colorado Railbike Adventures, LLC
c/o Robert Rummer
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10 A Flood Hazard Development Permit is required for all construction or development occurring in the
floodplain or floodway as delineated on Federal Emergency Management -Agency (FEMA) FIRM
Community Panel Maps #08123C -2066E issue date January 20, 2016 (Coal Creek Floodplain) Any
development shall comply with all applicable Weld County requirements, Colorado Water Conservation
Board requirements as described in Rules and Regulations for Regulatory Floodplains in Colorado, and
FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65 The FEMA definition of
development is any man-made change to improved or unimproved real estate, including but not limited to
buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or
storage of equipment and materials (Department of Planning Services - Floodplain)
11 FEMA's floodplain boundaries may be updated at any time by FEMA Prior to the start of any
development activities, the owner should contact Weld County to determine if the floodplain boundaries
have been modified (Department of Planning Services - Floodplain)
12 All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100 5,
C R S ) shall be stored and removed for final disposal in a manner that protects against surface and
groundwater contamination (Department of Public Health and Environment)
13 No permanent disposal of wastes shall be permitted at this site This is not meant to include those wastes
specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities
Act, 30-20-100 5, C R S (Department of Public Health and Environment)
14 Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive
particulate emissions, blowing debris, and other potential nuisance conditions The applicant shall operate
in accordance with Chapter 14, Article 1 of the Weld County Code The accepted waste handling plan
shall be adhered to (Department of Public Health and Environment)
15 Fugitive dust should attempt to be confined on the property Uses on the property should comply with the
Colorado Air Quality Commission's air quality regulations (Department of Public Health and Environment)
16 This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as
delineated in 25-12-103 C R S (Department of Public Health and Environment)
17 Portable toilets and bottled water are acceptable for recreational facilities utilized for six months or less
per year, employees, and clients on site for less than 2 consecutive hours a day, and 2 or less full-time -
employees on site Records of maintenance and proper disposal for portable toilets shall be retained on a
quarterly basis and available for review by the Weld County Department of Public Health and
Environment Portable toilets shall be serviced by a cleaner licensed in Weld County, contain hand
sanitizers and be screened from existing adjacent residential properties and public rights -of -way If the
activities exceed the above requirements, then a permanent water source and an On -site Wastewater
Treatment System must be established to provide for business use (Department of Public Health and
Environment)
18 Any On -site Wastewater Treatment System located on the property must comply with all provisions of the
Weld County Code, pertaining to On -site Wastewater Treatment Systems (Department of Public Health
and Environment)
19 Adequate drinking, hand washing, and toilet facilities shall be provided for employees and patrons of the
facility, at all times A permanent, adequate water supply shall be provided for drinking and sanitary
purposes, as appropriate (Department of Public Health and Environment)
20 All chemicals must be handled in a safe manner in accordance with product labeling and in a manner that
minimizes the release of hazardous air pollutants (HAPs) and volatile organic compounds (VOCs) All
chemicals must be stored securely, on an impervious surface, and in accordance with manufacturers'
recommendations (Department of Public Health and Environment)
RESOLUTION USR23-0012
Regional Transportation District and Jeffrey and Rachel Rummer c/o Colorado Rai'bike Adventures, LLC
c/o Robert Rummer
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21 The facility shall comply with Colorado Retail Food Establishment Rules and Regulations governing the
regulation of food service establishments (Department of Public Health and Environment)
22 The operation shall comply with all applicable rules and regulations of State and Federal agencies and
the Weld County Code (Department of Public Health and Environment)
23 The property owner or, operator shall be responsible for controlling noxious weeds on the site, pursuant to
Chapter 15, Article I and II, of the Weld County Code (Development Review)
24 The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off -site tracking (Development Review)
25 There shall be no parking or staging of vehicles on public roads On -site parking shall be utilized
(Development Review)
26 The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement (Development Review)
27 The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site visit
and possible updates (Development Review)
28 The historical flow patterns and runoff amounts on the site will be maintained (Development Review)
29 Weld County is not responsible for the maintenance of onsite drainage related features (Development
Review)
30 Building permits may be required, for any new construction, setup 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 Chapter29 of the Weld County Code A Building Permit
Application must be -completed and two (2) complete sets of engineered plans bearing the wet stamp of a
Colorado registered architect or engineer must be submitted for review A Geotechnical Engineering
Report, performed by a Colorado registered engineer, shall be required or an Open Hole Inspection A
building permit must be issued prior to the start of construction (Department of Building Inspection)
31 Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County
Facility Fee, County -Wide Road Impact Fee, and Drainage Impact Fee Programs
32 The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code
33 Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public
Health and Environment shall be granted access onto the property at any reasonable time in order to
ensure the activities carried out on the property comply with the Conditions of Approval and Development
Standards stated herein and all applicable Weld County regulations
34 The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations Substantial changes from the plans or
Development Standards, as shown or stated, shall require the approval of an amendment of the Permit
by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted Any other changes shall be filed in the office of the Department of
Planning Services
RESOLUTION USR23-0012
Regional Transportation Distnct and Jeffrey and Rachel Rummer c/o Colorado Radbike Adventures, LLC
c/o Robert Rummer
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35 The property owner or operator shall be responsible for complying with all of the foregoing Development
Standards Noncompliance with any of the foregoing Development Standards may be reason for
revocation of the Permit by the Board of County Commissioners
36 Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced within
three (3) years from the date of approval, unless otherwise specified by the Board of County
Commissioners when,issuing the original Permit, or the Permit shall be vacated The Director of Planning
Services may grant an extension of time, for good cause shown, upon a written request by the landowner
37 A Use_ by Special Review shall terminate when the use is discontinued for a period of three (3)
consecutive years, the use of the land changes or the time period established by the Board of County
Commissioners through the approval process expires The landowner may notify the Department of
Planning Services of a termination of the use, or Planning Services staff may observe that the use has
been terminated When either the Department of Planning Services is notified by the landowner, or when
the Department of Planning Services observes that the use may have been terminated, the Planner shall
send certified written notice to the landowner asking that the landowner request to vacate the Use by
Special Review Permit -
38 RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas; and coal
Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's
commercial mineral deposits are essential to the state's economy, (b) the populous counties of the state
face a critical shortage of such deposits, and (c) such deposits should be extracted according to a rational
plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology
and quality of life of the citizens of the populous counties of the state
Mineral resource locations are widespread throughout the County and people moving into these areas
must recognize the various impacts associated with this development Often times, mineral resource
sites are fixed to their geographical and geophysical locations Moreover, these resources are protected
property rights and mineral owners should be afforded the opportunity to extract the mineral resource
39 WELD COUNTY'S RIGHT TO FARM STATEMENT Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in total
market value of agricultural products sold The rural areas of Weld County may be open and spacious,
but they are intensively used for agriculture Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas open views, spaciousness, wildlife, lack of city noise and"congestion, and the
rural atmosphere and way of life Without neighboring farms, those features which attract urban dwellers
to rural Weld County would quickly be gone forever
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area Well -run agricultural activities
will generate off -site impacts, including noise from tractors and equipment, slow -moving farm vehicles on
rural roads, dust from animal pens, field work, harvest and gravel roads, odor from animal confinement,
silage and manure, smoke from ditch burning, flies and mosquitoes, hunting and trapping activities,
shooting sports, legal hazing of nuisance wildlife, and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County Section 35-3 5-102, C R S , provides that an agricultural operation shall not
be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production
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
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RESOLUTION USR23-0012
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irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and
county roads outside of municipalities The sheer magnitude of the area to be served stretches available
resources Law enforcement is based on responses to complaints more than on patrols of the County,
and the distances which must be traveled may delay all emergency responses, including law
enforcement, ambulance, and fire Fire protection is usually provided by volunteers who must leave their
jobs and families to respond to emergencies County gravel roads, no matter how often they are bladed,
will not provide the same kind of surface expected from a paved road Snow removal pnonties mean that
roads from subdivisions to arterials may not be cleared for several days after a major snowstorm
Services in rural areas, in many cases, will not be equivalent to municipal services Rural dwellers must,
by necessity, be more self-sufficient than urban dwellers
People are exposed to different hazards in the County than in an urban or suburban setting Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats Controlling children's activities is important, not only for their safety,
but also for the protection of the farmer's livelihood
EXHIBIT
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a
Summary of the Weld County Planning Commission Meeting
Tuesday, June 6, 2023
La -23 - Cp6 \a
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 Vice Chair,
Butch White, at 1:32 pm.
Roll Call.
Present: Skip Holland, Sam Gluck, Butch White, Michael Wailes, Pamela Edens, Michael Palizzi, Shana
Morgan.
Absent: Elijah Hatch.
Also Present: Kim Ogle, Chris Gathman, and Maxwell Nader, Department of Planning Services; Lauren
Light. Department of Health; Karin McDougal, County Attorney, and Michelle Wall, Secretary.
Motion: Approve the May 2, 2023, Weld County Planning Commission minutes, Moved by Skip Holland,
Seconded by Michael Wailes. Motion passed unanimously.
Case Number:
Applicant:
Planner:
Request:
Legal Description:
Location:
USR23-0012
Regional Transportation District and Jeffrey and Rachel Rummer c/o Colorado
Railbike Adventures. LLC c/o Robert Rummer.
Maxwell Nader
A Site Specific Development Plan and Use by Special Review Permit for a
Commercial Recreation Facility and Event Facility outside of subdivisions and
historic townsites in the A (Agricultural) Zone District.
Part of the S1/2 of Section 8; part of the SE1/4 of Section 7; part of the E1/2 and
The SW1/4 /4 of Section 18; part of the N1/2 N1/2 of Section 19, all located in
Township 1 North, Range 68 West of the 6th P.M.. Weld County, Colorado.
West of and adjacent to County Road 3: approximately 0.25 miles south of County
Road 10.5.
Maxwell Nader, Planning Services, presented Case USR23-0012, reading the recommendation and
comments into the record.
The Planning Department received 62 comments as of 10:00 am this morning, 21 comments are in
opposition to the application and 41 are in support. 5 surrounding property owners that are within the 500 -
foot notification boundary are against and 1 is in favor of the request Most concerns are regarding traffic,
noise, lights, the general negative impact to the area that the business can potentially bring, They are also
concerned about the "events' aspect of the request and everything that comes with it. The letters in support
of this request wish to see a small business flourish in this part of the County and are excited to participate
in the activity. 3 more surrounding property owners that are outside of the 500 -foot notification area sent
comments after 10:00 am; 2 were in support and 1 was against the proposed application.
The Department of Planning Services recommends approval of this application along with conditions of
approval and development standards.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements.. on -site
dust control, and the Waste Handling Plan. Staff recommended removal of Condition of Approval 1.D.
because the permit has received final approval.
Jeff Rummer, 4121 County Road 3, Erie, Colorado. Mr. Rummer said that he is the property owner, and
he is representing Colorado Railbike Adventures, LLC. Mr. Rummer said they want to have custom rail
carts that can be used on the historic tracks near his property and an event center for small events.
They started meeting with RTD Commissioners, County Commissioners, and the Town of Erie to have
discussions on how to move forward with this concept and how to request the rights to use the historic
railroad. Mr. Rummer said it has been a long process working with RTD on securing the rights and abiding
with all the required rules and regulations.
He said they are excited to help celebrate the history of the Town of Erie The track is the second oldest
piece of track in the State It was also one of the first tracks to take coal from Erie to Denver
Mr Rummer addressed the concerns of surrounding property owners and how they plan to mitigate and
meet all requirements He said that they do not plan on having large events Their intention is to have
small groups like Boy Scouts, Girl Scouts, and fieldtnps visit their site
Commissioner Holland asked Mr Rummer which part of the right-of-way is being used Mr Rummer replied
that they have leased the track from County Road 5 to Highway 287 The part of the track in Weld County
ends at County Line Commissioner Holland asked Mr Rummer if he owns the rail cart that is currently on
the tracks Mr Rummer said he did Commissioner Holland asked if the carts are safe Mr Rummer said
there are, each rail bike will have 4 seats with peddles, breaks and seatbelts Mr Rummer said the bikes
are being reviewed and stamped by an engineer and they have to follow RTD, FRA and CPUC rules and
regulations Commissioner Holland asked if there will be more than one bike on the trail at one time Mr
Rummer replied that the plan is to operate 10 to 20 bikes at a time, there is a guide bike in the front and in
the back There are no unsupervised trips and people are not allowed to get off the bikes during the tour
The bikes cross Briggs Street so one of the guides directs traffic so the carts can cross safely They do not
plan on crossing County Road 3 Mr Rummer said the tracks between County Road 3 and 5 are currently
covered with asphalt and they do not intend to use this part of the track at this point in time Mr Rummer
asked his father if he had anything else to add
Bob Rummer, 306 East Michigan, Berthoud, Colorado Mr Rummer explained grade crossing safety is
managed by Colorado's Public Utilities Commission under the authority of the Federal Railroad
Administration and they have to follow all FDA rules and regulations All the crossings the plan to cross
are passive with slow speeds Mr Rummer said they will be required to follow "Stop and Flag" rules which
is similar to a school crossing guard
Commission Holland asked if there is any other operations similar to theirs in Colorado Mr Bob Rummer
replied that there is another rail bike operation in South Fork and theirs will be the second operation
proposed in the State
Commissioner Holland asked Mr Nader if he has had any interaction with the Town of Erie regarding this
application Mr Nader said he has reached out a couple times but has not heard back Mr Nader said he
will try and contact them again before the BOCC Hearing Mr Jeff Rummer said that they actively met with
the Town of Erie, but the Town is experiencing a lot of turnovers with the planning staff They have spent
approximately 10 hours meeting with them Mr Rummer said the Town of Erie is aware they are working
with the County on this proposed application
Commissioner Holland said that he lives in this area and the traffic on County Road 3 is dangerous He
stated that he is glad to hear they don't plan to cross County Road 3
Commissioner Wailes asked the applicant how they turn a rail bike around Mr Jeff Rummer replied that
there are two different methods, and they are working with the engineer on which one will be better for
them The first method is a drop -down turn table that pops down from the bottom of the bike causing the
bike to raise up and turn it The second is having a turn table that sits on the tracks that the bike would ride
up on and it will turn the bike around
Commissioner Wailes asked the applicant if they are considered a railroad by the commission Mr Bob
Rummer said the Public Utilities Commission spoke to their attorneys and rail bikes would not be considered
a railroad because they are not a locomotive carrying passengers The driver of each rail bike is considered
their own operator They do have to operate like a railroad at crossings Mr Jeff Rummer said they did
ask the Town of Erie about having the blinking red lights for pedestrian crossing, but the response was they
have to operate like a railroad at the crossings
Commissioner Palizzi asked the applicant if they have any issues with the conditional hours with the
portable toilets Mr Jeff Rummer said they can operate within those guidelines while they are open for 6
months If they decide to open all year round, they will put in public restrooms which is delineated on the
plans
The Chair asked if there was anyone in the audience who wished to speak for or against this application
Carole Pitre, 4085 County Road 3, Erie, Colorado Ms Pitre said they live adjacent to the applicant's
property where this is planned She stated that she is strongly opposed to this and does not feel it fits in
the character of the neighborhood Ms Pitre said she thought it was a requirement of the fire department
that they have to have a permanent water source, which she did not see on the final recommendation Ms
Pitre said the previous property owner lived there for 30 years She applied with the County to split her
property into 3 parcels for her family She said it was denied Ms Pitre does not want commercial property
in the agricultural zone district She is concerned about the danger of traffic As a livestock owner, Ms
Pitre does not see any benefit of this proposal, only detriment
Tansea Love, 4285 County Road 3, Erie, Colorado Ms Love said she is the property owner directly
northwest corner of County Road 3 and County Road 1 1/2 She is concerned about the traffic There are
no turn lanes or crosswalks Ms Love is concerned about the additional traffic coming to this property
She is also worried about people trying to interact or feed her horses and goats, causing them harm Ms
Love is worried about the noise and traffic that could come from events being held on the property She
read her closing paragraph from her letter into the record asking the Planning Commission to consider how
they would feel if this business was right out their back door
Frances Boardman, 4185 County Road 3, Erie, Colorado Mr Boardman expressed his objection to the
proposed site, especially the event center component of this application He said he is an avid cyclist and
student of history, he appreciates the applicant's consideration for the history of the Town and for an outdoor
activity that many Coloradoans enjoy However, he feels the addition of an event center will signifyingly
and negatively affect the character of the neighborhood
Lisa Katchka, 381 Baker Lane, Erie, Colorado Ms Katchka said she can see the corner of County Road
3 and County Road 11/2 from her property She said that traffic is like a racetrack and is loud Ms Katchka
said the reason they moved to the neighborhood was because it was quaint and quiet, and she is appalled
at the change of the area She is opposed to this application and does not want an event center in the
neighborhood Ms Katchka stated that many of her neighbors are opposed and would like more time to
send in their letters of opposition
Vice Chair White explained that the surrounding property owners still have the opportunity to send their
comments to the Board of County Commissioners because they will make the final decision on this case
Jeff Rummer thanked the Planning Commission for allowing him to address his neighbors' valid concerns
He said his house is the first house to be impacted by this proposed site He has children who go to bed
at 8 pm and they do not plan on using the event center for loud parties, but to be used for the nature of rail
biking The 10 pm closing time is set to make sure the rail bikes are returned, and the customers leave
the site by that time He said they recognize the character of the neighborhood and the Agricultural Zone
District Mr Rummer said he fully agrees with the challenges of the traffic and hopes to have the speed
limit lowered in that area He does not feel they are a significant addition to the traffic Mr Rummer
reiterated that events are not their business, but instead rail biking The events they foresee are meetings
being held by Boy Scouts, Girl Scouts, or other small community gatherings He said they may allow small
weddings and are working out those guidelines with the County The business model is rail bikes,
celebrating history, providing outdoor fun, recreational activities They don't expect to have late -night
parties or high volumes of noise
Commissioner Palizzi asked the applicant how they plan to follow the fire department's requirement to
provide water for fire protection Mr Rummer said that requirement is in conjunction with the barn If the
barn is approved, it will be addressed through the building permit process
Motion Remove Condition of Approval 1 D as requested by Staff, Moved by Michael Wailes, Seconded
by Shana Morgan Motion passed unanimously
The Chair asked the applicant if they have read through the Development Standards and Amended
Conditions of Approval and if they are in agreement with those The applicant replied that they are in
agreement
Motion Forward Case USR23-0012 to the Board of County Commissioners along with the Amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Michael Wailes, Seconded by Shana Morgan
Vote Motion passed (summary Yes = 6, No = 1, Abstain = 0)
Yes Butch White, Michael Palizzi, Michael Wades, Pamela Edens, Sam Gluck, Shana Morgan
No Skip Holland
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 3 52 pm
Respectfully submitted,
--hues 1& W -
Michelle Wall
Secretary
PLANNING COMMISSION ATTENDANCE RECORD -2
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