HomeMy WebLinkAbout20222626.tiffLAND USE APPLICATION
SUMMARY
Planner: Maxwell Nader Hearing Date: September 6, 2022
Case Number: USR22-0016
Property Owners: Adams Apple Inc. do Michael D. Biwer
Address: 42135 County Road 43, Ault, CO 80610
Request: A Site Specific Development Plan and Use by Special Review Permit for Event Facility
outside of subdivisions and historic townsites in the A (Agricultural) Zone District.
Legal
Description:
Lot C Recorded Exemption RE -4559; being a part of the SE4 of Section 33, Township
8, Range 65 West of the 6111 P.M., Weld County, Colorado
Location: West of and adjacent to County Road 43; approximately 500 feet north of County Road
86
Size of Parcel: ± 15.17 acres Parcel No. 0551-33-4-00-010
The criteria for review of this Special Review Permit are listed in Section 23-2-220 of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
■ Weld County Department of Public Health and Environment, referral dated June 27, 2022
■ Weld County Department of Planning Services — Building Inspection, referral dated June 13, 2022
■ Weld County Department of Planning Services — Development Review, referral dated June 16, 2022
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
■ Weld County Department of Planning Services - Code Compliance, referral dated June 28, 2022
The Department of Planning Services' staff has not received responses from the following agencies:
■ North Weld County Water District
■ Ault -Pierce Fire Protection District
■ West Greeley Conservation District
USR22-0016, Adams Apple Inc
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Case Summary:
The applicant is requesting a Site Specific Development Plan and Use by Special Review Permit for an
event facility. The facility is operated by Adams Apple Inc. The events will be held in the large pole barn on
the east side of the property. There is an additional building used for storage of equipment related to the
business. A change of use building permit is required to be submitted for both structures. The application
is proposing parking on the west side of the property. The following four (4) uses are proposed: A U -Pick
fruit for apples, pears and plums will operate on a seasonal basis (mid -August through October);
educational seminars; special events; and a country store.
The U -Pick and country store component are uses permittable through a Zoning Permit for Certain Uses
(ZPAG) for certain uses in the A (Agricultural) Zone District including for Agritainment. The educational
seminars and special events are permittable through a Use by Special Review Permit (USR). The ZPAG
uses are being wrapped into the USR permit as standard policy of the Department of Planning Services.
The hours of operation for all uses are as follows:
U -Pick Fruit: Season: Mid -August to Mid -October. The days of operation: Wednesday — Sunday. The hours
of operation: 10:00a.m. — 6:00p.m.
Country Store: Season: August to December. The days of operation: Wednesday — Sunday. The hours of
operation: 10:00a.m. - 6:00p.m.
The special events and educational seminars: Season: May — November. The days of operation:
Wednesday — Sunday. The hours of operation: 10:00a.m - 12:00a.m. The maximum number of employees
is ten (10).
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.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
and 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 on site. There are also agricultural educational seminars that will be held on
location.
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.
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.
USR22-0016, Adams Apple Inc
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B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District.
Section 23-3-10. -- Intent, of the Weld County Code 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.
Section 23-3-35.B. -- Uses allowed by permit outside of subdivisions and historic townsites, of
the Weld County Code allows for a "agriculture -related Event Facility" in lots outside of a
subdivision and historic townsite 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.
Section 23-3-40.J.-- Uses by special review, of the Weld County Code allows for a "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 the event facility
for weddings, birthday parties, family reunions and educational seminars.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The adjacent lands 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 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 Weld County Department of Planning Services sent notice to thirteen (13) surrounding
property owners within five hundred (500) feet of the subject property. No correspondence was
received back from surrounding property owners regarding the proposed application. There
were no emails or phone calls received regarding the proposed application.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities.
The site is 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 23-2-220.A.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 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.
USR22-0016, Adams Apple Inc
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The proposal is located on approximately fifteen (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 23-2-220.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 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. 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.
(Department of Building Inspection)
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 (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 Weld County Code addresses the issue of trash collection areas.
(Department of Planning Services)
5. 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)
6. The map shall delineate the parking area for the vendors, customers and employees.
(Department of Planning Services)
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 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)
8. Show and label the approved access location, approved access width, and the
appropriate turning radii on the site plan. (Commercial). (Development Review)
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9. 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.
(Development Review)
10. Show and label the approved tracking control on the site plan. (Development Review)
11. Show and label the drainage flow arrows. (Development Review)
12. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Development Review)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic
copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning
Services. Upon approval of the map the applicant shall submit a Mylar map along with all other
documentation required as Conditions of Approval. The Mylar map shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall
be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code.
The Mylar map and additional requirements shall be submitted within one hundred twenty (120)
days from the date of the Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee. (Department of Planning Services)
3. In accordance with Appendix 5-J of the Weld County Code, should the map not be recorded within
the specified timeline from the date of the Board of County Commissioners Resolution, a $50.00
recording continuance fee shall be added for each additional 3 -month period. (Department of
Planning Services)
4. The Use by Special Review Permit is not perfected until the Conditions of Approval are completed
and the map is recorded. Activity shall not occur, nor shall any building or electrical permits be
issued on the property, until the Use by Special Review plat is ready to be recorded in the office of
the Weld County Clerk and Recorder or the applicant has been approved for an early release
agreement (Department of Planning Services)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Adams Apple Inc
USR22-0016
1. 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, subject to the
Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code. (Department of Planning Services)
3. The hours 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 — 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, transporting continue as a year-round
avocation. (Department of Planning Services)
4. The number of on -site employees shall be up to ten (10), 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. 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)
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, 30-20-100.5, C.R.S. (Department of Public Health and Environment)
9. 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. (Department of Public
Health and Environment)
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.
(Department of Public Health and Environment)
11. This facility shall adhere to the maximum permissible noise levels allowed in in the Residential Zone
as delineated in 25-12-103 C.R.S. The facility shall operate in accordance with the accepted noise
report. (Department of Public Health and Environment)
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12. Temporary uses that are utilized for a time period of six months or less, portable toilets and bottled
water are acceptable. Records of maintenance and proper disposal for portable toilets shall be retained
on a quarterly basis and available for review by the Weld County Department of Public Health and
Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County, contain hand
sanitizers and be screened from public view. (Department of Public Health and Environment)
13. Any OWTS 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)
14. Any additional hydraulic load to an existing On -site Wastewater Treatment System will require an
Evaluation from a Colorado Registered Professional Engineer. The engineer's evaluation shall be
submitted to the Weld County Environmental Health Department. In the event the system is found to
be inadequate, the system must be brought into compliance with current Weld County On -site
Wastewater Treatment System Regulations. (Department of Public Health and Environment)
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. (Department of Public Health and Environment)
16. 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)
17. 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)
18. 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)
19. 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)
20. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire
an approved Right -of -Way Use Permit prior to commencement. (Development Review)
21. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Development Review)
22. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review)
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 streets. No colored lights may be used which may be
confused with, or construed as, traffic control devices. (Department of Planning Services)
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;
2017 National Electrical 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. (Department of Building
Inspection)
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.
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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
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 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. 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.
32. 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.
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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
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 priorities
mean that roads from subdivisions to arterials may not be cleared for several days after a major
snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural
dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial 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.
USR22-0016, Adams Apple Inc
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July 29, 2022
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: mnader@weldgov.com
PHONE: (970) 400-400-3527
FAX: (970) 304-6498
Biwer Michael
103 E. 1st Street, #22
Ault, CO 80610
Subject: USR22-0016 - A Site Specific Development Plan and Use by Special Review Permit for an
Event Facility outside of subdivisions and historic townsites in the A (Agricultural) Zone District.
On parcel(s) of land described as:
LOT C REC EXEMPT RE -4559; PART SE4 SECTION 33, T8N, R65W of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on September 6, 2022 at
12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on
September 21, 2022 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,
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Maxwell Nader
Planner
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