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Home My WebLink About20231017.tiffLAND USE APPLICATION SUM MARY Planner: C. Gathman Hearing Date: April 4, 2023 Case Number: USR22-0035 Property Owners: Steven T Wells Address: 32010 County Road 63, Gill, CO 80624 Request: A Site Specific Development Plan and Use by Special Review Permit foran event facility (not agriculture -related) for up to 200 people located outside of a subdivision and/or historic townsite in the A (Agricultural) Zone District. Legal Description: Part of Section 25, T7N, R63W; and Part of Section 30, T7N, R62W of the 6th PM, VVeld County, Colorado. Location: East of and adjacent to State Highway 392 (immediately east of the State Highway 392/County Road 71 intersection). Size of Parcel: ± 317.54 acres Parcel No. 0713-25-0-00-019 The criteria for review of this Special Review Permit are listed in Section 23-2-220 of the VVeld County Code. The Department of Planning Services' staff has received referral responses with comments from the following agencies: • State of Colorado, Division of Water Resources, referral dated January 17, 2023 • Weld County Department of Public Health and Environment, referral dated January 23, 2023 • Weld County Department of Planning Services —Development Review, referral dated January 13, 2023 • Weld County Oil & Gas Energy Department, referral dated January 16, 2023 The Department of Planning Services' staff has received referral responses without comments fromthe following agencies: • Weld County Sheriff's Office, referral dated January 4, 2023 • Weld County Zoning Compliance, referral dated January 5, 2023 • West Greeley Conservation District, referral dated February 13, 2023 • Colorado Department of Transportation, referral dated February 13, 2023 • Briggsdale Fire Protection District, referral dated January 4, 2023 The Department of Planning Services' staff has not received responses from the following agencies: • Ambulance Services • Weld County Department of Planning Services - Building Inspection • Colorado Parks and Wildlife • US Army Corps of Engineers • Weld County School District RE -10J USR22-0035, Wells Page 1 of 9 Case Summary: The applicant is proposing an event facility for up to 200 people. The application indicates that the facility will primarily host charitable events and private events for the landowner. Weddings and other private events are proposed/anticipated as well. Employees will vary based on the size of the event. The event facility is an existing 7,200 square foot barn that accesses onto State Highway 392. The application states that hours of operation are proposed to be 6:00 AM to 12:00 AM, 7 -days a week, 365 days a year. The application further elaborates that primary hours of operation are expected to be 10:00 AM to 11:00 PM on weekends with heaviest use anticipated during the summer months. A facility entrance sign is proposed, and outdoor lighting is expected to include wall -mounted lights, low profile garden walkway lights and string lights. No pole lights are proposed. Parking will be on an improved gravel area. The event center is to be served by an existing septic system (SP -2100363) and a proposed exempt commercial well permit (indoor use only). DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED BASED ON THE FOLLOWING APPROVAL CRITERIA: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-2-30.C.1 of the comprehensive plan states: "Transition between land use types and intensities with buffers. Uses that are incompatible with existing uses must be able to mitigate conflicts." The facility building is located approximately 750 -feet from Highway 392. The proposed use is in a rural area and is setback a substantial distance from the nearest residences in the area. The nearest single-family residences are located approximately 1/2 mile to the west and over one (1) mile to the southeast. B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. The proposed use is permittable under Section 23-3-40. Section 23-3-40.J allows non- agricultural related event centers as a Use by Special Review in A (Agricultural) zoned properties outside of subdivisions and historic townsites. Agriculture in the County is considered a valuable resource which must be protected from adverse impacts resulting from uncontrolled and undirected business, industrial and residential land uses. The A (Agricultural) Zone District is established to maintain and promote agriculture as an essential feature of the county. The A (Agricultural) Zone District is intended to provide areas for the conduct of agricultural activities and activities related to agriculture and agricultural production, and for areas for natural resource extraction and energy development, without the interference of other, incompatible land uses. The proposal meets the intent because no cropland land will be taken out of production as a result of this proposed use and attached development standards and conditions of approval will ensure that the proposed use will be compatible with the surrounding area. USR22-0035, Wells Page 2 of 9 C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. D. The facility building is located approximately 750 -feet from Highway 392. The proposed use is in a rural area and is setback a substantial distance from the nearest residences in the area. The nearest single-family residences are located approximately 1/2 mile to the west and over one (1) mile to the southeast. There is an existing oil and gas support and service Use by Special Review Permit (USR12-0066) located over one (1) mile to the west and a Briggsdale Fire Station is located approximately 1/2 mile to the south. The proposed use is in an area that can support this development and the proposed Development Standards, and Conditions of Approval will assist in mitigating the impacts of the facility on adjacent properties and ensure compatibility with surrounding land uses and region. E. 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, orthe adopted Master Plans of affected municipalities. This proposed use is not located within a 3 -mile referral area or Coordinated Planning Agreement boundary of a municipality and is outside of the future growth areas of any municipality in the County. F. Section 23-2-220.A.5 — The application complies with Chapter 23, Articles V and XI, of the VVeld County Code. The property is not within the Geologic Hazard Overlay District, Agricultural Heritage Overlay District, Airport Overlay District, or a Special Flood Hazard Area. Building Permits issued on the property will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program, 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. No prime agricultural land is affected by this proposal. 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, VVeld 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 recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. Prior to recording the map: A. A Final Traffic Impact Study, stamped and signed by a Professional Engineer registered in the State of Colorado is required. (Development Review) B. The applicant shall submit written evidence from the Colorado Division of Water Resources demonstrating that the well is appropriately permitted for commercial use. (Environmental Health) USR22-0035, Wells Page 3 of 9 C. The applicant shall address the requirements of the Colorado Division of Water Resources, as stated in the referral response dated January 17, 2023. Written evidence of such shall be submitted to the Weld County Department of Planning Services. (Colorado Division of Water Resources) D. The applicant shall address the requirements of the Colorado Department of Transportation as stated in their referral received February 13, 2023. Written evidence that an access permit has been obtained shall be provided to the Department of Planning Services. (Colorado Department of Transportation) E. A Lighting Plan shall be submitted to and approved by the Department of Planning Services. (Department of Planning Services) F. The map shall be amended to delineate the following: 1. All sheets of the map shall be labeled USR22-0035 (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 4. The applicant shall delineate on the map the trash collection areas. Section 23-2- 240.A.13 of the VVeld County Code addresses the issue of trash collection areas. (Department of Planning Services) 5. Show and label all section line right-of-way for CR 73 and CR 76 as "Section Line Right -Of -Way, not County maintained." All setbacks shall be measured from the edge of right-of-way. (Development Review) 6. Show the Colorado Department of Transportation (CDOT) right-of-way, forSH 392, on the site map along with the documents creating the right-of-way. (Development Review) 7. Show the approved Colorado Department of Transportation (CDOT) access point on the site map and label with the approved access permit number if applicable. (Development Review) 8. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Development Review) 9. 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) 10. The map shall delineate the existing landscaping and vegetation. (Department of Planning Services) 11. The map shall delineate the onsite lighting in accordance with the approved Lighting Plan. (Department of Planning Services) 12. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 of the VVeld County Code. (Department of Planning Services) 13. The map shall delineate the parking area for the vendors, customers and/or employees. (Department of Planning Services) USR22-0035, Wells Page 4 of 9 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) 4. Prior to Construction: A. If more than 1 acre is to be disturbed, a VVeld County grading permit will be required prior to the start of construction. (Department of Development Review) 5. Prior to Operation: A. Building permit CMN22-0131 (fora change of use from Ag Exempt building to Commercial) shall be finaled. (Department of Building Inspection) 6. The Use by Special Review Permit is not perfected until the Conditions of Approval are completed and the map is recorded. Activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement (Department of Planning Services) USR22-0035, Wells Page 5 of 9 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Steven T Wells USR22-0035 1. A Site -Specific Development Plan and Use by Special Review Permit, USR22-0035, for a for an event facility (not agriculture -related) for up to 200 people located outside of a subdivision and/or historic townsite 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 VVeld County Code. (Department of Planning Services) 3. Any future structures or uses on site must obtain the appropriate zoning and building permits. (Department of Planning Services) 4. The hours of operation are 6:00 a.m. - 12:00 a.m. Monday — Sunday, 365 days a year. (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 existing vegetation and trees onsite shall be maintained. (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. Weld County is not responsible for the maintenance of onsite drainage related features. (Development Review) 12. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review) 13. 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) 14. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S. (Department of Public Health and Environment) 15. 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 VVeld County Code. (Department of Public Health and Environment) 16. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and Environment) USR22-0035, Wells Page 6 of 9 17. Any On -site VVastewater Treatment System located on the property must comply with all provisions of the Weld County Code, pertaining to On -site VVastewater Treatment Systems. (Department of Public Health and Environment) 18. Adequate drinking, hand washing, and toilet facilities shall be provided for employees and patrons of the facility, at all times. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of Public Health and Environment) 19. 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) 20. 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) 21. Lighting shall be maintained in accordance with the accepted Lighting Plan (Department of Planning Services) 22. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the plan. Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with, or construed as, traffic control devices. (Department of Planning Services) 23. Building permits may be required, for any new construction, set up of manufactured structures, or change of use of existing buildings per Section 29-3-10 of the Weld County Code. Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following 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 priorto the start of construction. (Department of Building Inspection) 24. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the VVeld County Code. 25. Necessary personnel from the VVeld County Departments of Planning Services, Public Works, and Public Health and Environment shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. 26. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable VVeld 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 VVeld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 27. The property owner or operatorshall be responsibleforcomplying with all of theforegoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. USR22-0035, Wells Page 7 of 9 28. Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced within three (3) years from the date of approval, unless otherwise specified by the Board of County Commissioners when issuing the original Permit, or the Permit shall be vacated. The Director of Planning Services may grant an extension of time, for good cause shown, upon a written request by the landowner. 29. A Use by Special Review shall terminate when the use is discontinued for a period of three (3) consecutive years, the use of the land changes or the time period established by the Board of County Commissioners through the approval process expires. The landowner may notify the Department of Planning Services of a termination of the use, or Planning Services staff may observe that the use has been terminated. When either the Department of Planning Services is notified by the landowner, or when the Department of Planning Services observes that the use may have been terminated, the Planner shall send certified written notice to the land owner asking that the landowner request to vacate the Use by Special Review Permit. 30. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and people moving into these areas must recognize the various impacts associated with this development. 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. 31. 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 VVeld 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, thosefeatures 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 accommodatethe 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 irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. USR22-0035, Wells Page 8 of 9 Weld County covers a land area of approximately fourthousand (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 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, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only fortheir safety, but also for the protection of the farmer's livelihood. USR22-0035, Wells Page 9 of 9 February 28, 2023 DEPARTMENT OF PLANNING SERVICES 1555 North 17th Avenue Greeley, CO 80631 Website: www.weldgov.com Email: cgathman@weldgov.com Phone: (970) 400-3537 Fax: (970) 304-6498 STEVEN T WELLS 32010 COUNTY ROAD 63 GILL CO 80624 Subject: USR22-0035 - A Site -Specific Development Plan and Use by Special Review Permit for an event facility (not agriculture -related) for up to 200 people located outside of a subdivision and/or historic townsite in the A (Agricultural) Zone District. On parcel(s) of land described as: Part of Section 25, T7N, R63W, and part of Section 30, T7N, R62W of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on April 04, 2023 at 1:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on April 19, 2023 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado. The property owner and/or authorized agent must be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the staff report one week prior to the scheduled Planning Commission hearing. You may view the staff report at https://accela- aca.co.weld.co.us/CitizenAccess Respectfully, C Chris Gathman Planner Hello