HomeMy WebLinkAbout20210563.tiffEXHIBIT
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
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RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Skip Holland, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
U S R20-0035
THOMAS AND CORINNE MOORE
ANGELA SNYDER
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW FOR
AN EVENT CENTER IN THE A (AGRICULTURAL) ZONE DISTRICT.
LOT A REC EXEMPT RE -2537, PART S2SW4 SECTION 14, T6N, R66W OF THE
6TH P.M., WELD COUNTY, COLORADO.
NORTH OF AND ADJACENT TO STATE HIGHWAY 392: APPROXIMATELY 1960 -
FEET EAST OF CR 33.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
It is the opinion of the Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
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. Harmonize development with surrounding land uses.
1. 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.
Section 22-2-30.D. Collaborate on County -wide transportation and land use plans.
2. 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 to ensure the
request complies with the State Highway 392 Access Control Plan.
Section 22-2--40.A. Support compatible economic development opportunities.
1. 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 23-2-220.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.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
RESOLUTION USR20-0035
THOMAS AND CORINNE MOORE
PAGE 2
as an essential feature of the county. The A (Agricultural) Zone District is intended to provide
areas forth° 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 them ed weddings, using the applicant's
existing barns. The events would mostly be on weekends. The access is onto a State Highway.
Therefore, there will be a negligible effect an agricultural operations in the vicinity.
C. Section 23-2-229.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The venue will have spaces for fifty (50) cars to be parked on gravel. The Weld County Code
Appendix 23-B requires thirty-three (33) parking spaces for a venue with one hundred -thirty (130)
guests, so, as proposed, the number of spaces is adequate. Weld County Code Section 23-4-
3g.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,
including the Pinnacle Park subdivision to the north. The application indicates that weekend
weddings would be allowed to go until midnight, so a noise narrative was required of the
applicant. The noise narrative created by the applicant indicated that speakers placed inside the
lean-to are estimated to average fifty-eight (58) dB(A) at twenty-five (2 5)feet from the fence. The
ambient noise level, including traffic an Highway 392, was 48 dB(A). Only one home to the west
will be impacted with noise levels between fifty (50) and fifty-five (55) dB(A) according to the
amateur narrative. The applicant indicated that 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 will be sent to twenty-nine (29) surrounding property owners concerning
eighteen (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 neighboring home is expected to be affected by noise levels above the evening limit of
fifty (59) dB(A) in the A (Agricultural) Zone District and only twenty (20) times per year at most.
The venue will be screened from adjacent properties and State Highway 392 by existing trees
and outbuildings, so staff finds that the proposed use is in an area that can support this
development. An accepted Landscape and Screening Plan, 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.
D. Section 23-2-229.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 Cade 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 their referral comments dated December 15, 2020, indicated that they
have no concerns. The Town of Eaton did not return a referral response.
Access to the property is directly onto Colorado Highway 392 at Access 204, according to the
State Highway 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
RESOLUTION USR20-0035
THOMAS AND CORINNE IV MORE
PACE 3
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 wCR 33, and make a U-turn. (State Highway 392 AC P)
Private Property Redevelopment — 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 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. (state Highway 392 ACP)
)
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 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 State Highway 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 23-2-220.A.6 -- 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.
The proposal is located on approximately 1.1 acres of prime farmland if irrigated and
approximately 0.3 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 23-2-220.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 Planning Commission recommendation for approval is conditional upon the following:
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. (Department of Planning Services)
B. The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to the
state highways. Please contact CDOT to verify the access permit or for any additional
requirement that may be needed to obtain or upgrade the permit. (Department of Planning
RESOLUTION USR20-0035
THOMAS AND CORINNE MOORE
PAGE 4
Services}
C. The applicant shall address the concerns of the Public Works Referral relating to access.
(Department of Public Works)
D. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR20-0035 (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)
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. The map shall delineate the landscaping and screening in accordance with the accepted
Landscape and Screening Plan. (Department of Planning Services)
6. The map shall delineate the onsite lighting in accordance with the approved Lighting
Plan. (Department of Planning Services)
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. (Department of
Planning Services)
8. The map shall delineate the parking area for the vendors, customers and/or employees,
including two spaces that meet accessibility requirements. (Department of Planning
Services)
9. Show the approved Colorado Department of Transportation (CDOT) access on the site
plan and label with the approved access permit number if applicable. (Department of
Public Works)
19. This portion of US -392 is under the jurisdiction of the Colorado Department of
Transportation. Please contact CDOT to verify the right-of-way. Show and label the
right-of-way. Show the approved access on the site plan and label with the approved
access permit number if applicable. (Department of Public works)
11. Shaw 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.
(Department of Public Works)
12. Show and label the drainage flow arrows. (Department of Public Works)
13. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Public Works)
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
RESOLUTION USR20-0035
THOMAS AND CORINNE MOORE
PAGE 5
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 Weld County Code Ordinance #2012-3, approved April 30, 2012, should the plat
not be recorded within the required one hundred twenty ( 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. (Department of Planning Services)
4. Prior to Construction:
A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to the
start of construction. (Department of Public Works)
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. Written evidence of such shall be
submitted to the Weld County Department of Planning Services. (Department of Planning
Services)
5. The Use by Special Review Permit is not perfected until the Conditions of Approval are completed
and the map is recorded. Activity shall not occur, nor shall any building or electrical permits be issued
on the property, until the Use by Special Review plat is ready to be recorded in the office of the Weld
County Clerk and Recorder or the applicant has been approved for an early release agreement
(Department of Planning Services)
Motion seconded by Gene Stille.
VOTE:
For Passage
Tom Cope
Gene Stille
Lonnie Ford
Elijah Hatch
Skip Holland
Against Passage Absent
Dwaine Barclay
Sam Gluck
Butch White
Troy Mellon
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioners for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on February 10, 2021.
Dated the 16th of February, 2021
413fa 19411.61glit
Kristine Ra nslem
Secretary►
RESOLUTION USR20-0035
THOMAS AND CORINNE MOORE
PAGE 6
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Thomas and Corinne Moore
USR20-0035
1. A Site -Specific Development Plan and Use by Special Review Permit, USR20-0035, for an Event Facility
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)
The number of events per year shall be up to twenty (20), as stated in the application materials.
(Department of Planning Services)
4. The number of event attendees shall be up to one hundred -thirty► (130), as stated in the application
materials. (Department of Planning Services)
5. The hours of operation are 12:00 p.m. —12:30 a.m. Friday — Sunday between May 1st and October 31st.
(Department of Planning Services)
6. The parking area on the site shall be maintained. (Department of Planning Services)
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. (Department of Planning Services)
8. The existing and proposed landscaping and screening on the site shall be maintained in accordance with
the approved Landscape and Screening Plan. (Department of Planning Services)
g. 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. (Department of Public Works)
10. The access to the site shall be maintained to mitigate any impacts to the public road, including damages
andlor off -site tracking. (Department of Public Works)
11. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
12. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
13. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5,
C.R.S., as amended) 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 Weld County Code. (Department of Public Health and
Environment)
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THOMAS AND CORINNE MOORE
PAGE 7
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. (Department of Public Health and Environment)
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. (Department of Public Health and Environment)
18. 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)
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. (Department of Public
Health and Environment)
20. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as
delineated in 25-12-108 C.R.S except for the west property line which shall adhere to 60 db(A)
(Department of Public Health and Environment)
21. The facility shall comply with Colorado Retail Food Establishment Rules and Regulations governing the
regulation of food service establishments. (Department of Public Health and Environment)
22. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
23. Lighting shall be maintained in accordance with the accepted Lighting Plan (Department of Planning
Services)
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. (Department of Planning Services)
25. Building permits shall be required for any new construction or set up manufactured structure, per Section
2g-8-10 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; 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. (Department of Building Inspection)
26. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 28 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
RESOLUTION USR20-0035
THOMAS AND CORINNE MOORE
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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 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.
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 Beard 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 person 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.
33. WELD COU NTYS 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 gauntry in total
market value of agricultural products sold. The rural areas of Weld County may be open and spacious,
but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the
rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers
to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities
will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on
rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement,
silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities;
shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying. It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County. Section 35-3.5-10►2, 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.
RESOLUTION USR20-0035
THOMAS AND CORINNE MOORE
PAGE 9
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.
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/9e 14 tAI-e5
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, February 16, 2021
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair,
Elijah Hatch, at 12:30 pm.
Roll Call
Present: Elijah Hatch, Gene Stille, Lonnie Ford, Skip Holland, Tom Cope.
Absent/Excused: Butch White, Dwaine Barclay, Sam Gluck, Troy Mellon.
Also Present: Chris Gathman, Angela Snyder, and Maxwell Nader, Department of Planning Services;
Lauren Light, Department of Health; Mike McRoberts, Melissa King, and Zack Roberson, Department of
Public Works; Bob Choate and Karin McDougal, County Attorney, and Kris Ranslem, Secretary.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
U S R20-0035
THOMAS AND CORINNE MOORE
ANGELA SNYDER
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW FOR
AN EVENT CENTER IN THE A (AGRICULTURAL) ZONE DISTRICT.
LOT A REC EXEMPT RE -2537, PART S2SW4 SECTION 14, T6N, R66W OF THE
6TH P.M., WELD COUNTY, COLORADO
NORTH OF AND ADJACENT TO STATE HIGHWAY 392; APPROXIMATELY
1960 -FEET EAST OF CR 33.
Angela Snyder,. Planning Services, presented Case USR20-0035, reading the recommendation and
comments into the record. She noted three items that could be a concern with a wedding event venue like
this. She said that the application did not include landscape and screening; however, the Department of
P lanning Services is requiring a landscape/screening plan from the parking as a condition of approval. Ms.
S nyder said that there are a lot of neighbors which were sent notice and the applicant also reached out to
those property owners prior to submitting the application and no responses were received from any
n eighbors. Regarding the noise concern, the applicant did create a noise narrative themselves and it seems
like if the speakers are put inside the lean-to and point it towards their property the applicants believe that
o nly one side of the property might be impacted and might go over the decibel limit by three decibels. She
e mphasized that the applicant did not account for background or road noise and it was not a professional
study. The Department of Planning Services recommends approval of this application with the attached
conditions of approval and development standards.
Ms. Snyder stated that the Access Control Plan for State Highway 392 requires that the access be
converted to a right -in, right -out driveway and that people should go to County Road 33 and make a U-turn
to come into the property. She added that the applicant strongly objects to the fact that this would trigger
the Access Control Plan and wishes to maintain the full use onto Highway 392 that they currently have now.
Zack Roberson, Public Works, stated that Highway 392 is under the jurisdiction of Colorado Department of
Transportation (CDOT) and they have control over the access point. He added that this particular access
point is identified in the Access Control Plan and is labeled as "if the property were ever have a change of
u se or be redeveloped it would need to be upgraded and changes to a right -in, right -out" and that was
identified in that study. Public Works is requesting that this simply comply with the CDOT Highway Access
Control Plan for Highway 392.
Mr. Roberson reported on the traffic information and drainage conditions for the site. He added that no
drainage report is requested at this time as the applicant has claimed an exception to build up to a 2000
square foot building which is a one-time exception that can be used on this parcel.
Commissioner Ford referred to the right -in and right -out access and stated that he is concerned with having
the public do U-turns to come back to access the site. He added that it is a big safety concern for the
County intersections and there is a lot of traffic on Highway 392. Mr. Roberson said that they could do
1
auxiliary turn lanes and added that he met with Tim Bilobran of CDOT on the number of events held each
year and Mr. Bilobran doesn't believe auxiliary turn lanes are triggered at this time.
Commissioner Stille asked if there are any round-abouts scheduled for Highway 392, specifically County
Road 35 and Highway 392. Mr. Roberson stated that a signal is planned at County Road 35 and Highway
392.
Commissioner Stille asked if there is an easement for the Greeley No. 2 Ditch, which is on the north side
of this site. Staff was unsure and will research that issue.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan. The applicants did conduct their own noise study and did a
good job, but it wasn't with a calibrated noise meter and they didn't remove the noise levels from traffic or
wind. She added that this noise study wasn't prepared by a professional. Ms. Light said that the applicants
did indicate a noise level of 58 decibels recorded 25 feet from the west property line and the daytime
residential noise limit is 55 dba and for every 3 decibel increase that doubles the noise. Ms. Light said that
because the study wasn't done with calibrated equipment or deleting the background noise Staff suggested
to leave the noise limit of residential and it is up to the applicants to adhere to that standard.
Commissioner Stille asked where the septic leach field is in regard to the parking area. Staff will research
and report back.
Mr. Roberson, Public Works, stated that there is a 30 -foot easement on the back side of the property for
the Greeley No. 2 canal but it didn't identify who has the rights to use that. Ms. Snyder added that it is a
prescriptive easement.
Corinne Moore, 16381 Highway 392, stated that the idea of a wedding venue started with her son. She
said when her son was looking at venues everything was way out of their price range so they looked at
hosting it at their property. She said that they had around 120 guests and the idea was brought up to have
this as a wedding venue. Ms. Moore said that they will be retiring soon and added that this will be a nice
side business to earn some income.
Ms. Moore said that the septic system is on the other side of the property so it is not where the parking will
be located.
Commissioner Holland referred to the lean-to and asked if building permits have been acquired for the
proper use. Staff stated that it would depend on the size of the structure.
Commissioner Cope referred to the access point and asked for the applicant's opinion. Ms. Moore said
she had two (2) traffic studies done after CDOT asked for more information. CDOT is requiring a porkchop
access and then the public would perform U-turns at the intersections east and west of the site. She said
that she has photos of those intersections and feels it would be more dangerous for people turning on
Highway 392. She added that they would provide parking assistance on site when holding events that
would direct traffic so there is no staging at the access.
Commissioner Cope asked if the traffic study recommended a right -in and right -out. Ms. Moore replied no
and added that they said because of the infrequency and that the events are held on the weekends that
they would not recommend any type of change in the access.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Commissioner Ford asked Staff if the right -in, right -out access is required by law. Mr. Roberson said that
requirement is not dictated by State law but it is identified in the Access Control Plan for Highway 392. In
response to Commissioner Ford's inquiry, Mr. Roberson replied that CDOT will require the right -in, right -
out access. Commissioner Cope said all that is changing is transferring the problem to the intersections
and the intersection of County Road 33 is a ditch immediately after the road and believes it is a bigger
problem. Mr. Cope suggested to the applicant to have the traffic engineer approach the State with the
2
safety issues. He added that because of the access process CDOT may not have an option but it is worth
speaking to CDOT again about it.
Commissioner Holland referred to the lean-to and other structures and wanted to ensure that these are
properly constructed under a building permit that is approved. Ms. Snyder said that all the buildings are
vetted through the building department. Mr. Holland inquired where the fire hydrant is located. Ms. Moore
stated that there is a fire hydrant located at the lower left corner of the property. Mr. Holland emphasized
that his questions were to the safety for the guests and protecting the investments on this property.
Tyler Trober, 2820 Crescent Cove Drive #105, Evans, Colorado, stated that Fire Station #3 is located one
and one-half to two miles away and the response time is five to eight minutes at any given time.
Ms. Light referred to Development Standard 20 and suggested adding "except for the west property line
which shall adhere to 60 db(A)" to the end of the sentence.
Motion: Amend Development Standard 20, as recommended by Staff, Moved by Gene Stille, Seconded
by Tom Cope. Motion carried unanimously.
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
Motion: Forward Case USR20-0035 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Skip Holland, Seconded by Gene Stille.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).
Yes: Elijah Hatch, Gene Stille, Lonnie Ford, Skip Holland, Tom Cope.
Commissioner Holland stated that Staff has done a very good job in guiding and relating the application to
the Sections of the code. He added that the applicants have a neighborhood that supports this project.
Meeting adjourned at 2:42 pm.
Respectfully submitted,
43V66111.0Y
Kristine Ranslem
Secretary
3
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