HomeMy WebLinkAbout20222624.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR22-0016, FOR AN EVENT FACILITY OUTSIDE OF SUBDIVISIONS AND
HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT -
ADAM'S APPLE, INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 21st day of
September, 2022, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Adam's Apple, Inc., P.O. Box 1551, Ault, Colorado 80610, for a Site
Specific Development Plan and Use by Special Review Permit, USR22-0016, for an Event Facility
outside of subdivisions and historic townsites in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
Lot C of Recorded Exemption, RE -4559; being part
of the SE1/4 of Section 33, Township 8 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. The applicant has demonstrated that the request is in conformance with
Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 — The proposed use is consistent with Chapter 22
and any other applicable Code provisions or ordinance in effect.
1)
Section 22-2-30.A.1 — Commit to the economic future of agriculture
states: "Land use changes should not inhibit agricultural production
nor operations." The proposed use does not negatively impact the
production of agricultural fruits, vegetables or the harvesting and
processing of same. The proposed use supports agricultural
production with the u -pick component. The country store directly
supports the u -pick field by selling the products grown onsite. There
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SPECIAL REVIEW PERMIT (USR22-0016) -ADAM'S APPLE, INC.
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are also agricultural educational seminars that will be held on
location.
2) Section 22-2-30.C.3 — Harmonize development with surrounding
land uses states: "Encourage development that preserves land for
agriculture, rangeland, wetlands, and critical habitats." The current
state of the property will not change with the proposed use. No new
structures are proposed. The new use will be in harmony with the
surrounding properties.
3) Section 22-2-40.A.6 — Support compatible economic development
opportunities states, "Promote small business incentive programs
to encourage small business owners." The proposed use is a small
business and is eligible for the Small Business Incentive Program.
B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-10 — Intent, states: "The A (Agricultural) Zone District
is also intended to provide areas for the conduct of Uses by Special
Review which have been determined to be more intense or to have
a potentially greater impact than Uses Allowed by Right." This Code
section allows the applicant to apply for a USR (Use by Special
Review) Permit.
2) Section 23-3-35.B — Uses allowed by permit outside of subdivisions
and historic townsites allows for "agriculture -related Event
Facilities" in the A (Agricultural) Zone District. This Code section
allows the applicant to apply for the agritainment and
agricultural -related event facility for the u -pick field, educational
seminars, and the country store.
3) Section 23-3-40.J — Uses by Special Review, of the Weld County
Code allows for "Event Facilities not agriculture -related" in lots
outside of a subdivision and historic townsite in the A (Agricultural)
Zone District. This Code section allows the applicant to apply for an
event facility for weddings, birthday parties, family reunions and
educational seminars.
C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent lands are
unincorporated and are primarily zoned A (Agricultural). The surrounding
land uses consist of irrigated and dryland agricultural grounds, rural
residences and on -going oil and gas activity. There are three (3) USRs
within one (1) mile of the site. To the north of the subject property there is
one (1) child daycare, 1MUSR19-05-1507, and one (1) 250 -head dairy,
SUP -145. To the south of the subject property there is one (1) non -1041
major facility — pipeline, USR18-0077. The Department of Planning
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Services sent notice to 13 surrounding property owners (SPOs) within
500 feet of the subject property. No correspondence was received back
from SPOs and there were no emails or phone calls received regarding the
proposed application.
D. Section 23-2-230.B.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 not located within a three (3) mile referral area of
any municipality, nor is it located within any existing Intergovernmental
Agreement Area (IGA) of a municipality.
E. Section 23-2-230.B.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld 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, County Facility Fee, and Drainage Impact
Fee Programs.
F Section 23-2-230.B.6 — The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The proposal is located on approximately 15 acres of "prime if
irrigated" agricultural land. The proposal is for the purpose of expanding on
an event space for the apple orchard and other activities. Therefore, the
request is supporting the farming of the subject property.
G. Section 23-2-230.B.7 — 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 the health, safety,
and welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Adam's Apple, Inc., for a Site Specific Development Plan
and Use by Special Review Permit, USR22-0016, for an Event Facility outside of subdivisions
and historic townsites in the A (Agricultural) Zone District, on the parcel of land described above
be, and hereby is, granted subject to the following conditions:
1. Prior to recording the map:
A. The applicant shall address the following comments from the Weld County
Department of Building Inspection, as stated in the referral response, dated
June 13, 2022. Evidence of such shall be submitted, in writing, to the Weld
County Department of Planning Services.
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1) Any new buildings will require Building Permits. Any existing
buildings being used will need Change of Use Permits. Buildings
will need to meet ANSI117 accessibility requirements.
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR22-0016.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall delineate on the map the trash collection areas.
Section 23-2-240.A.13 of the Weld County Code addresses the
issue of trash collection areas.
5) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2 of the Weld County Code.
6) The map shall delineate the parking area for the vendors,
customers and employees.
7) County Road 43 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 the future and existing right-of-way (along with
the documents creating the existing right-of-way) and the physical
location of the road on the site map or plat. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
8) The applicant shall show and label the approved access location,
approved access width, and the appropriate turning radii on the site
plan.
9) The applicant shall show and label the entrance gate if applicable.
An access approach that is gated shall be 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.
10) The applicant shall show and label the approved tracking control on
the site plan.
11) The applicant shall show and label the drainage flow arrows.
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12) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
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 120 days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee.
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 three (3) month period.
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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 21st day of September, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WELJD COUNTY, COLORADO
ATTEST: ddrtifeA) Xito4k.
Weld County Clerk to the Board
County orney
Date of signature: loitia2
Scott K. James, Chair
Perry L. Buck
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ADAM'S APPLE, INC.
USR22-0016
1 Site Specific Development Plan and Use by Special Review Permit, USR22-0016, is for
an Event Facility outside of subdivisions and historic townsites in the A (Agricultural) Zone
District, subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The hours of operation are as follows:
a. U -Pick Fruit: Season: Mid -August to Mid -October. The days of operation:
Wednesday — Sunday. The hours of operation: 10:00 a.m. - 6:00 p.m.
b. Country Store: Season: August to December. The days of operation:
Wednesday — Sunday. The hours of operation: 10:00 a.m. - 6:00 p.m.
c. The special events and educational seminars: Season: May to November.
The days of operation: Wednesday — Sunday. The hours of operation:
10:00 a.m. - 12:00 a.m.
d. Land cultivation, growing, fertilizing, harvesting, packing, and transporting continue
as a year-round avocation.
4. The number of on -site employees shall be up to ten (10), as stated in the application
materials.
5. The parking area on the site shall be maintained.
6. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code.
7. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, C.R.S. §30-20-100.5,) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
8. 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, C.R.S. §30-20-100.5.
9. Waste materials shall be handled, stored, and disposed of 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 I of the Weld
County Code.
10. 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.
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11. This facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone as delineated in C.R.S. §25-12-103. The facility shall operate in
accordance with the accepted Noise Report.
12. For temporary uses that are utilized for a time period of six (6) 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.
13. Any On -site Wastewater Treatment System (OWTS) located on the property must comply
with all provisions of the Weld County Code, pertaining to OWTS.
14. Any additional hydraulic load to an existing OWTS will require an Evaluation from a
Colorado Registered Professional Engineer. The engineer's evaluation shall be submitted
to the Weld County Department of Public Health and Environment. In the event the system
is found to be inadequate, the system must be brought into compliance with current Weld
County OWTS Regulations.
15. 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.
16. The facility shall comply with Colorado Retail Food Establishment Rules and Regulations
governing the regulation of food service establishments.
17. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
18. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
19. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
20. Any work that may occupy and/or encroach upon any County rights -of -way or easement
shall require an approved Right -of -Way Use Permit prior to commencement.
21. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
22. The historical flow patterns and runoff amounts on the site will be maintained.
23. 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
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streets. No colored lights may be used, which may be confused with, or construed as,
traffic control devices.
24. Building Permits shall be required for any new construction or set up manufactured
structure, per Section 29-3-10 of the Weld County Code. A Building Permit application
must be completed and submitted. Buildings and structures shall conform to the
requirements of the various codes adopted at the time of permit application. Currently, the
following have been adopted by Weld County: 2018 International Building Codes,
2018 International Residential Code, 2020 International Energy Code, and Chapter 29 of
the Weld County Code. A plan review shall be approved, and a permit must be issued
prior to the start of construction.
25. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
26. 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.
27. 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.
28. 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.
29. 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 the Department of Planning Services may grant an
extension of time, for good cause shown, upon a written request by the landowner.
30. 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
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written notice to the landowner asking that the landowner request to vacate the Use by
Special Review Permit.
31. 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. Oftentimes, 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.
32. The Weld County Right to Farm Statement, as it appears in Section 22-2-30.A.4.a of the
Weld County Code, shall be placed on the map and recognized at all times.
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