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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: cc.: PL (MH / TP), PwfZP/ TJ), (c.c..), Cc.. (60). 0.PPL R£P oc (o31 tc1 2019-1581 PL2662 SPECIAL REVIEW PERMIT (USR18-0124) - VERONICA AND CAMERON SILBAUGH PAGE 2 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 2019-1581 PL2662 SPECIAL REVIEW PERMIT (USR18-0124) - VERONICA AND CAMERON SILBAUGH PAGE 3 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 2019-1581 PL2662 SPECIAL REVIEW PERMIT (USR18-0124) - VERONICA AND CAMERON SILBAUGH PAGE 4 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. 2019-1581 PL2662 SPECIAL REVIEW PERMIT (USR18-0124) - VERONICA AND CAMERON SILBAUGH PAGE 5 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 2019-1581 PL2662 SPECIAL REVIEW PERMIT (USR18-0124) - VERONICA AND CAMERON SILBAUGH PAGE 6 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 2019-1581 PL2662 SPECIAL REVIEW PERMIT (USR18-0124) - VERONICA AND CAMERON SILBAUGH PAGE 7 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. 2019-1581 PL2662 SPECIAL REVIEW PERMIT (USR18-0124) - VERONICA AND CAMERON SILBAUGH PAGE 8 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 2019-1581 PL2662 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. 2019-1581 PL2662 DEVELOPMENT STANDARDS (USR18-0124) - VERONICA AND CAMERON SILBAUGH PAGE 2 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). 2019-1581 PL2662 DEVELOPMENT STANDARDS (USR18-0124) - VERONICA AND CAMERON SILBAUGH PAGE 3 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 2019-1581 PL2662 DEVELOPMENT STANDARDS (USR18-0124) - VERONICA AND CAMERON SILBAUGH PAGE 4 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. 2019-1581 PL2662 Hello