HomeMy WebLinkAbout20191581.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0124, FOR ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (ST. VRAIN RIVER RANCH - EVENT VENUE FOR
WEDDINGS, GRADUATIONS, PARTIES, CONFERENCES AND SIMILAR PRIVATE
GATHERINGS), PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED
OR RECORDED SUBDIVISION PLAT OR PART OF A MAP OR PLAN FILED PRIOR
TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE
A (AGRICULTURAL) ZONE DISTRICT - VERONICA AND CAMERON SILBAUGH
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 1st day of
May, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Veronica and Cameron Silbaugh, 9239 CR 38, Platteville, Colorado 80651, for
a Site Specific Development Plan and Use by Special Review Permit, USR18-0124, for any Use
permitted as a Use by Right, Accessory Use or Use by Special Review in the Commercial or
Industrial Zone Districts (Saint Vrain River Ranch - event venue for weddings, graduations,
parties, conferences and similar private gatherings), provided that the property is not a lot in an
approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any
regulations controlling subdivisions in the A (Agricultural) Zone District, on the following described
real estate, being more particularly described as follows:
Part of the SW1/4 of Section 34, lying southeasterly
of the abandoned Union Pacific Railroad
Right -of -Way, Township 4 North, Range 67 West of
the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was present, and represented by Kelsey
Bruxvoort, AGProfessionals, LLC, 3050 67th Avenue, Greeley, Colorado 80634
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. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
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A. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-10.F states: "Land use policies should support a
high -quality rural character which respects the agricultural heritage
and traditional agricultural land uses of the County, as agricultural
lands are converted to other uses (excluding urban development).
Rural character in the County includes those uses which provide
rural lifestyles, rural -based economies and opportunities to both live
and work in rural areas. The natural landscape and vegetation
predominate over the built environment. Agricultural land uses and
development provide the visual landscapes traditionally found in
rural areas and communities. " The proposed event venue respects
the rural character and agricultural tradition of the area and is
intended to provide an agri-tainment focused facility. The majority
of events will take place outside and guests will be drawn to the site
by the natural features and pastoral setting along the Saint Vrain
Creek. The surrounding land uses are predominately agricultural
and rural residential and a power plant is to the south. The proposed
use will not minimize these uses. No productive agricultural land will
be removed from production.
2) Section 22-2-20.6.3 (A. Policy 2.3) states: "Encourage development
of agriculture and agriculturally related businesses and industries in
underdeveloped areas where existing resources can support a
higher level of economic activity. Agricultural businesses and
industries include those related to ranching, confined animal
production, farming, greenhouse industries, landscape production
and agri-tainment oragri-tourism uses."The proposed use will bring
an agriculturally themed business to the parcel. The parcel is
located in an area that has adequate water and sewage disposal
services and fire protection. Additionally, the site accesses onto
County Roads (CR) 38 and 19.5, which are both collector roads,
which provides adequate infrastructure for the public to access the
site.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-10 — Intent, states, in part: "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 provision allows for the applicant to apply for a USR.
2) Section 23-3-40.S — Uses by special review, of the Weld County
Code allows, "Any use permitted as a Use by Right, an accessory
use, or a Use by Special Review in the Commercial or Industrial
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zone districts, provided that the property is not a Lot in an approved
or recorded subdivision plat or lots parts of a map or plan filed prior
to adoption of any regulations controlling subdivisions." This
provision allows for the event venue facility which is a commercial
use.
C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent lands consist of the
Saint Vrain Creek and undeveloped wetlands, farmland, rural residences,
oil and gas operations and large public utility infrastructure facilities. There
are five (5) properties immediately adjacent to the site; one (1) with a
residence. The majority of land surrounding the subject parcel is owned by
the Public Service Company of Colorado. The applicant does not own any
other contiguous property. There are six (6) USRs within one (1) mile of the
site including: USR-951, for an excavating contractor shop directly to the
west; USR-1183, for a gas line directly to the west; USR-1063, for a power
plant directly to the east; USR-823, for a 230kV transmission line to the
east; USR-1647, for a power generation facility to the south; and SUP -43,
for a waste and sewage plant to the south. The Weld County Department
of Planning Services sent notice to six (6) surrounding property owners
within 500 feet of the proposed USR boundary. No responses were
received back. The Nuisance Management Plan, submitted in the
application, addresses noise, light, waste and dust mitigation efforts that
will be in place and monitored during operation of the site. Additionally, the
Improvements Agreement, Conditions of Approval and Development
Standards should adequately protect the interests of surrounding
properties.
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. This site is located within the three (3) mile referral radius of
the Towns of Johnstown, Milliken and Platteville. No responses were
received back. The site is located in the Coordinated Planning Agreement
(CPA) boundary of the Towns of Milliken and Platteville. As part of the pre -
application process, both towns were notified of the proposal by Planning
staff and were provided Notice of Inquiry forms by the applicant. No
responses were received back.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The site is located within the
Saint Vrain Creek Floodplain. The Planning Department - Floodplain
referral provided Conditions of Approval and Development Standards. The
site is not located in the A -P (Airport) Overlay District, Geologic Hazard
Overlay District, MS4 area or Regional Urbanization Area. Building Permits
issued on the lot will be required to adhere to the fee structure of the
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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. A portion of the parcel is located on soils designated as "Prime
(Irrigated) - Farmland of National Importance," per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. The
portion of the site with this designation is already developed with the
residence, outbuildings and driveway. The remainder of the site is
designated as "Other," and is not suitable for farming as it is located in a
heavily wooded and wetland area along the Saint Vrain Creek. The
proposed USR will not further remove any active farm ground from
production.
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 Veronica and Cameron Silbaugh, fora Site Specific Development
Plan and Use by Special Review Permit, USR18-0124, for any Use permitted as a Use by Right,
Accessory Use or Use by Special Review in the Commercial or Industrial Zone Districts (Saint
Vrain River Ranch - event venue for weddings, graduations, parties, conferences and similar
private gatherings), provided that the property is not a lot in an approved or recorded subdivision
plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions 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. An Improvements and Road Maintenance Agreement is required for off -site
improvements at this location. Road maintenance includes, but is not
limited to, dust control and damage repair to specified haul routes. The
Agreement shall include provisions addressing engineering requirements,
submission of collateral, and testing and approval of completed
improvements.
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0124.
2) The attached Development Standards.
3) The map shall be prepared per Section 23-2-260.D of the Weld
County Code.
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4) The applicant shall show and label the location of all buildings,
including the existing outbuildings used for equipment storage and
the proposed barn.
5) The applicant shall show and label the location of the portable
restroom trailers.
6) The applicant shall show and label the parking area for the vendors,
patrons, and employees, including sixty-eight (68) standard parking
spaces and three (3) handicap ADA parking spaces.
7) The applicant shall show and label the existing landscaping and
proposed fencing.
8) The applicant shall show and label the location of the trash
collection areas. Section 23-3-250.A.6. of the Weld County Code
addresses the issue of trash collection areas.
9) The applicant shall show and label the lighting, including on -site
walk -way lights and string lights in the wedding area and building -
mounted lights attached to the barn. All lighting shall be shielded so
that light rays will not shine directly onto adjacent properties and
roadways and shall adhere to Section 23-2-250.D of the Weld
County Code.
10) The applicant shall show and label the venue signage. All signs
shall adhere to Chapter 23, Article IV, Division 2, Section 23-2-
240.A.12 and Appendices 23-C, 23-D and 23-E of the Weld County
Code.
11) The applicant shall show and label all setback radiuses for existing
oil and gas tank batteries and wellheads, per the setback
requirements of Section 23-3-50.E of the Weld County Code.
12) The applicant shall show and label all recorded easements and
rights -of -way on the map by book and page number or reception
number.
13) The applicant shall show the floodplain and floodway boundaries
on the map. The applicant shall label the floodplain boundaries with
the FEMA Flood Zone and FEMA Map Panel Number or
appropriate study.
14) County Road 38 is a paved road and is designated on the Weld
County Functional Classification Map as a collector road, which
requires 80 feet of right-of-way at full buildout. The applicant shall
delineate and label the future and existing right-of-way (along with
the documents creating the existing right-of-way) and the physical
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location of the road on the site map or plat. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
15) County Road 19.5 is a paved road and is designated on the Weld
County Functional Classification Map as a collector road, which
requires 80 feet of right-of-way at full buildout. The applicant shall
delineate and label the future and existing right-of-way (along with
the documents creating the existing right-of-way) and the physical
location of the road on the site map or plat. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
16) The applicant shall show and label the approved access locations,
approved access width and the appropriate turning radii (60 feet)
on the site plan. The applicant must obtain an Access Permit in the
approved location(s) prior to construction.
17) The applicant shall show and label the approved tracking control on
the site plan.
18) 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.
19) The applicant shall show and label the drainage flow arrows.
20) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) paper copy, or 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.
3. In accordance with Weld County Code Ordinance #2012-3, approved
April 30, 2012, should the map not be recorded within the required one hundred
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twenty (120) days from the date of the Board of County Commissioners Resolution,
a $50.00 recording continuance charge shall be added for each additional three (3)
month period.
4. Prior to construction:
A. Any construction in the floodplain requires a floodplain permit.
B. The approved access and tracking control shall be constructed prior to
on -site construction.
C. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
5. Prior to issuance of a Certificate of Occupancy
A. An Onsite WasteWater Treatment System (OWTS) is required for the
proposed structure and shall be installed according to the Weld County
OWTS Regulations.
6. The Department of Planning Services requests a digital copy of this Use by Special
Review, as appropriate. Acceptable format is a projected ESRI shapefile (.shp,
.shx, .dbf, prj) with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N,
WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS 0501 (US
Feet)... etc.). This digital file may be sent to maps@co.weld.co.us.
7. The Use by Special Review 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
map 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 1st day of May, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d^dt0;t,i EXCUSED
Barbara Kirkmeyer, Chair
Weld County Clerk to the Board
Mi a Freeman, Pro-Tem
BY:
Deputy Clerk
APPAS
the Board
. ounty A orney
Date of signature: (013/1q
onway
James
Steve Moreno
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
VERONICA AND CAMERON SILBAUGH
USR18-0124
1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0124, for
any Use permitted as a Use by Right, Accessory Use or Use by Special Review in the
Commercial or Industrial Zone Districts (St. Vrain River Ranch - event venue for weddings,
graduations, parties, conferences and similar private gatherings), provided that the
property is not a lot in an approved or recorded subdivision plat or part of a map or plan
filed prior to adoption of any regulations controlling subdivisions 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 maximum number of guests shall be up to 350.
4. The hours of operations, as stated in the application materials, are:
a. Phase 1: Seasonal operation from April 1st through September 30th. Events may
take place during the hours of 6:00 a.m. to 12:00 a.m., seven (7) days a week.
b. Phase 2: Year-round operation. Events may take place during the hours of 6:00
a.m. to 12:00 a.m., seven (7) days a week.
5. The parking area on the site shall be maintained.
6. The approved landscaping and fencing 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. Flood Hazard Development Permit is required for all construction or development
occurring in the floodplain or floodway as delineated on Federal Emergency Management
Agency (FEMA) FIRM Community Panel Map #08123C -1695E, effective date January 20,
2016 (Saint Vrain Creek Floodplain). Any development shall comply with all applicable
Weld County requirements, Colorado Water Conservation Board requirements as
described in Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA
regulations and requirements as described in 44 CFR parts 59, 60, and 65. The FEMA
definition of development is any man-made change to improved or unimproved real estate,
including, but not limited to buildings or other structures, mining, dredging, filling, grading,
paving, excavation, drilling operations, or storage of equipment and materials.
9. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of
any development activities, the owner should contact Weld County to determine if the
floodplain boundaries have been modified.
10. 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.
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11. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
12. Traffic control, with a certified Traffic Control Supervisor present, is required for events at
this facility with over 100 persons in attendance.
13. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
14. 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.
15. The property owner shall comply with all requirements provided in the executed
Improvements Agreement.
16. The Improvements Agreement for this site may be reviewed on an annual basis, including
a site visit and possible updates.
17. The historical flow patterns and runoff amounts on the site will be maintained.
18. 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.
19. 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.
20. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions. The applicant shall operate in accordance with Chapter 14, Article I of the Weld
County Code. The Nuisance and Waste Management Plan submitted with the application
shall be adhered to.
21. 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.
22. Adequate drinking, handwashing, 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.
23. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Onsite Wastewater Treatment Systems.
24. Any large -capacity septic system (a septic system with the capacity to serve 20 or more
persons per day) shall comply with the Underground Injection Control (UIC) Class V
Injection Well requirements of the Environmental Protection Agency (EPA).
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25. In the event the septic systems require a design capacity of 2,000 gallons or more of
sewage per day the applicants shall adhere to the requirements and regulations of the
Colorado Department of Public Health and Environment, Water Quality Control Division.
26. For temporary uses that are utilized for a time 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 and shall contain hand sanitizers. Portable toilets
shall be screened from public view.
27. The applicant shall comply with Colorado Retail Food Establishment Rules and
Regulations governing the regulation of food service establishments.
28. The operation shall comply with all applicable rules and regulations of the state and federal
agencies and the Weld County Code
29. 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.
30. Building permits may 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 has 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.
31. 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.
32. 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.
33. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development
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Standards may be reason for revocation of the Permit by the Board of County
Commissioners.
34. 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. 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.
35. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
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