HomeMy WebLinkAbout20210562.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR20-0035, FOR AN EVENT CENTER IN THE A (AGRICULTURAL) ZONE
DISTRICT - THOMAS AND CORINNE MOORE
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 3rd day of
March, 2021, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Thomas and Corinne Moore, 16381 State Highway 392, Greeley, Colorado
80631, for a Site Specific Development Plan and Use by Special Review Permit, USR20-0035,
for an Event Center in the A (Agricultural) Zone District, on the following described real estate,
being more particularly described as follows:
Lot A of Recorded Exemption, RE -2537; being part
of the S1/2 SW1/4 of Section 14, Township 6 North,
Range 66 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 23-2-230.6.1 — The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-30.C.1 states: "Transition between land use types and
intensities with buffers. Uses that are incompatible with existing
uses must be able to mitigate conflicts." The Comprehensive Plan
encourages buffers between uses. A wedding venue can be
compatible with surrounding residential properties, if unsightly
items, such as parking and portable toilets, are screened from view
and the noise is kept within allowable limits. Development
Standards have been included for mitigation.
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2) Section 22-2-30.D.2 states: "Ensure that land use change
proposals comply with applicable transportation plans, functional
classifications, and access control plans adopted by the County."
The applicant has been working with the Colorado Department of
Transportation (CDOT) to ensure the request complies with the
State Highway (SH) 392 Access Control Plan.
3) Section 22-2-40.A.1 states: "Identify target areas where the County
is able to encourage shovel -ready commercial and industrial
development." The proposal is located in a Weld County
Opportunity Zone, where applicants are encouraged to explore
commercial opportunities that are compatible with the surrounding
area. A wedding venue is a commercial opportunity that is
compatible with the existing residential use of the property and,
when properly buffered from adjacent residences and the noise is
mitigated, will fit in with the neighborhood.
B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-40.J — Event Facilities, not agriculture related.
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 is to offer a location for
agriculturally-themed weddings, using the applicant's existing
barns. The events would mostly be on weekends. The access is
onto a State Highway, thus, there will be a negligible effect on
agricultural operations in the vicinity.
C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The venue will have spaces for
50 cars to be parked on gravel. The Weld County Code Appendix 23-B
requires 33 parking spaces for a venue with 130 guests, so, as proposed,
the number of spaces is adequate.
1) Section 23-4-30.J states: "Landscaping techniques shall be utilized
in design of parking lots to aid in buffering parking lots from
streets/roads."The proposed map did not indicate a Screening Plan
for the parking, so a Landscape and Screening Plan has been
requested as a Condition of Approval. There are several residences
within close proximity of this site to the west, north and south,
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including the Pinnacle Park Subdivision to the north. The
application indicates weekend weddings would be allowed to go
until midnight, so a Noise Narrative was required and created, by
the applicant, which indicated that speakers placed inside the
lean-to are estimated to average 58 dB(A) at 25 feet from the fence.
The ambient noise level, including traffic on SH 392, was 46 dB(A).
Only one (1) home to the west will be impacted with noise levels
between 50 and 55 dB(A), according to the amateur narrative. The
applicant indicated that particular neighbor is in favor of the venue;
however, staff encouraged the applicant to obtain a written
statement from the neighbor. Notice of the hearing was sent to 29
surrounding property owners concerning 18 parcels. The applicant
preemptively reached out to surrounding property owners prior to
submittal of the application and obtained signatures from several
residences attesting to the outreach effort. Only one (1) neighboring
home is expected to be affected by noise levels above the evening
limit of 50 dB(A) in the A (Agricultural) Zone District, anticipated
20 times per year at most. The venue will be screened from
adjacent properties and SH 392 by existing trees and outbuildings,
and the proposed use is in an area that can support this
development. An accepted Landscape and Screening Plan,
Conditions of Approval, and Development Standards will assist in
mitigating the impacts of the facility on adjacent properties and
ensure compatibility with surrounding land uses and region.
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 located within the three (3) mile referral area of
the City of Greeley and the Town of Eaton. The site is not located within an
Intergovernmental Agreement Area of a municipality. The City of Greeley,
in the referral comments dated December 15, 2020, indicated no concerns.
The Town of Eaton did not return a referral response.
Access to the property is directly onto SH 392 at Access 204, according to
the SH 392 Access Control Plan (ACP). Access #204: The addition of
median treatments will result in this access being converted to a right -in,
right -out driveway. Drivers traveling eastbound on SH 392 that wish to
enter this property will make a U-turn at the new intersection or median
opening at Access #206 and return to the driveway. Drivers wishing to turn
left out of this property will turn right, travel to County Road 33, and make
a U-turn (State Highway 392 ACP). The proposed access changes would
occur if any property along SH 392 was redeveloped or if a driveway
experienced a traffic volume increase of 20 percent (20%) or more, per the
State Highway Access Code. Under this scenario, it would be the property
owner's or the developer's responsibility to make the access changes.
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Based on this information, the proposed access changes would need to
occur, not based on a traffic volume increase, but because the property is
being redeveloped and for the safety of the traveling public. Adding a use
that requires a Use by Special Review Permit is considered development.
Access to the site will be brought into compliance with the SH 392 Access
Control Plan as a Condition of Approval prior to operation. A Lighting Plan
was submitted with the application. All outdoor lighting is proposed to be
string lighting, with minimal impact to surrounding properties.
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 1.1 acres of prime farmland,
if irrigated, and approximately 0.8 acres of prime farmland, if irrigated, and
the product of I (soil erodibility) x C (climate factor) does not exceed 60, per
the NRCS Web Soil Survey Farmland Classification Map. As none of the
property is irrigated, no prime agricultural land is affected by this proposal.
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 Thomas and Corinne Moore, for a Site Specific
Development Plan and Use by Special Review Permit, USR20-0035, for an Event Center 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. A Landscape and Screening Plan shall be submitted to, and approved by,
the Department of Planning Services that buffers parking on the site from
the surrounding property owners and rights -of -way.
B. The Colorado Department of Transportation (CDOT) has jurisdiction over
all accesses to state highways. The applicant shall contact CDOT to verify
the Access Permit or for any additional requirement that may be needed to
obtain or upgrade the permit.
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C. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR20-0035.
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 the trash collection areas on the map.
Section 23-2-240.A.13 of the Weld County Code addresses the
issue of trash collection areas.
5) The map shall delineate the landscaping and screening in
accordance with the accepted Landscape and Screening Plan.
6) The map shall delineate the on -site lighting in accordance with the
approved Lighting Plan.
7) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code.
8) The map shall delineate the parking area for the vendors,
customers and/or employees, including two (2) spaces that meet
accessibility requirements.
9) The applicant shall show the approved Colorado Department of
Transportation (CDOT) access on the site plan and label with the
approved Access Permit number, if applicable.
10) This portion of State Highway 392 is under the jurisdiction of CDOT.
The applicant shall contact CDOT to verify the right-of-way. The
applicant shall show and label the right-of-way and show the
approved access on the site plan and label with the approved
Access Permit number, if applicable.
11) 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.
12) The applicant shall show and label the drainage flow arrows.
13) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
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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 Weld County Code Ordinance #2012-3, approved April 30,
2012, should the plat not be recorded within the required 120 days from the date
of the Board of County Commissioners Resolution, a $50.00 recording
continuance charge shall added for each additional three (3) month period.
4. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required prior to the start of construction.
5. Prior to Operation:
A. The applicant shall address the requirements of the Colorado Department
of Transportation concerning the State Highway 392 Access Control Plan.
B. The barn structure shall be permitted as a commercial events center. The
structure will need to comply with the current adopted building codes and
accessibility requirements.
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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 3rd day of March, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dxtif.A) JcL;4.
Weld County Clerk to the Board
BY:
eputy Clerk to the Board
County • ttorney
Ste, Moreno, Chair
Date of signature: 3
L. Buc
ike Freeman
Lori S"ain
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
THOMAS AND CORINNE MOORE
USR20-0035
1. The Site Specific Development Plan and Use by Special Review Permit, USR20-0035, is
for an Event Center 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 number of events per year shall be up to 20, as stated in the application materials.
4. The number of event attendees shall be up to 130, as stated in the application materials.
5. The hours of operation are 12:00 p.m. to 12:30 a.m., Friday through Sunday, between
May 1st and October 31st.
6. The parking area on the site shall be maintained.
7. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and
23-E of the Weld County Code.
8. The existing and proposed landscaping and screening on the site shall be maintained in
accordance with the approved Landscape and Screening Plan.
9. 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.
10. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
11. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
12. The historical flow patterns and runoff amounts on the site will be maintained.
13. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, C.R.S. §30-20-100.5, as amended) shall be stored and removed for final disposal in
a manner that protects against surface and groundwater contamination.
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, C.R.S. §30-20-100.5.
15. 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
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conditions. The applicant shall operate in accordance with Chapter 14, Article I, of the
Weld County Code.
16. Fugitive dust shall attempt to be confined on the property. Uses on the property should
comply with the Colorado Air Quality Commission's Air Quality Regulations.
17. 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.
18. 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.
19. Any On -site Wastewater Treatment Systems located on the property must comply with all
provisions of the Weld County Code, pertaining to On -site Wastewater Treatment
Systems.
20. The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone as delineated in C.R.S. §25-12-103, except for the west property line
which shall adhere to 60 db(A).
21. The facility shall comply with Colorado Retail Food Establishment Rules and Regulations
governing the regulation of food service establishments.
22. The operation shall comply with all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
23. Lighting shall be maintained in accordance with the accepted Lighting Plan.
24. 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.
25. 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,
2006 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.
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26. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
27. 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.
28. 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.
29. The property owner or operator shall be responsible for complying with all 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.
30. 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.
31. 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.
32. 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
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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.
33. 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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