HomeMy WebLinkAbout20191803.tiffMEMORANDUM
DATE: April 29, 2019
FROM: Chloe A. Rempel, Deputy Clerk to the Board
SUBJECT: Notice of Dissolution of Chapter 12, Article I, of the
Weld County Code — Temporary Assembly Permits
Pursuant to Weld County Code Ordinance 2019-03, in the matter of repealing and reenacting,
with amendments, Chapter 5 Revenue and Finance and Chapter 12 Licenses and Permits, which
was approved on third reading on April 29, 2019, Temporary Assembly Permits are no longer
required for events with 350 people or more in attendance.
The following letters were mailed to the below applicants, who submitted Temporary Assembly
Permit applications during the 2018 calendar year, informing them of the policy change.
Applicants whose properties are permitted with Use by Special Review Permits were notified that
they are required to adhere to the rules and regulations set forth in their USR Permit. A single
property does not have a USR Permit and the applicant was notified that the use requires a USR
Permit moving forward.
Establishment
Event Address
Mailing Address
USR Permit
Number
File Location
Letter Sent
Frank's Ride for Children, LLC, fbo Make-
A-Wsh Foundation of Colorado, Inc.
Anderson South Farm, LLC, 6728
CR 3 1/4, Erie, CO 80516-9215
Attn: Greg Risedorf, 2544 Jarett
Drive, Mead, CO 80542
Attn: Jim Anderson, 6876 County
Road 5, Erie, CO 80516-9215
4MUSR18-00-1232
PL1322
4/29/2019
Fritzler Farms, Inc., dba Fritzler Farm Park
20861 County Road 33, LaSalle,
CO 80645
Attn: Glen Frttzler, 20909 County
Road 33, LaSalle, CO 80645
MUSR15-0016
PL1415
4/29/2019
Martin and Berta Gutierrez
7717 County Road 31, Fort
Lupton, CO 80621
7717 County Road 31, Fort
Lupton, CO 80621
N/A - No USR Permit
LC0022
4/29/2019
IHRF, Inc.
18233 County Road 96, Pierce,
CO 80650
Attn: Ana Omelas-Moreno, 6736
E. 123rd Place, Brighton, CO
80602
1MUSR18-17-0024
PL2483
4/29/2019
Leahy Family Farm, LLC
22437 County Road 19, Milliken,
CO 80543
Attn: Ann Leahy, 1714 14th Street
Road, Greeley, CO 80631
USR-1142
PL1077
4/29/2019
Rocky Mountain Cider Company, dba
Wild Cider
11455 County Road 17, Firestone,
CO 80504
Attn: Adam Gorove, 11455 County
Road 17, Firestone, CO 80504
USR13-0019
PL2231
4/29/2019
The Wld Animal Sanctuary
1946 County Road 53,
Keenesburg, CO 80643
Attn: Patrick Craig, 7717 County
Road 53, Keenesburg, CO 80643
MUSR14-0016
PL1371
4/29/2019
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2019-1803
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Weld County • Clerk to the Board's Office • 1150 O Street, Greeley, CO 80631 • (970) 400-4213 • crempel@weldgov.com
BOARD OF COUNTY COMMISSIONERS
PHONE: (970) 336-7204
FAX: (970) 336-7233
1150 O STREET
P.O. BOX 758
GREELEY, COLORADO 80632
April 29, 2019
ATTN: GREG RISEDORF
FRANK'S RIDE FOR CHILDREN
2544 JARETT DRIVE
MEAD, CO 80542
RE: DISSOLUTION OF CHAPTER 12, ARTICLE I, OF THE WELD COUNTY CODE -
TEMPORARY ASSEMBLY PERMITS
Dear Greg Risedorf:
Pursuant to Weld County Code Ordinance 2019-03, in the matter of repealing and reenacting,
with amendments, Chapter 5 Revenue and Finance and Chapter 12 Licenses and Permits, which
was approved on third reading on April 29, 2019, Temporary Assembly Permits are no longer
required for events with 350 people or more in attendance. Events held at Anderson Farms are
required to adhere to the rules and regulations set forth in Amended Use by Special Review
Permit, 4MUSR18-00-1232.
If you have questions or need additional information, please do not hesitate to contact me at
(970) 336-7204, Extension 4200, or the Weld County Attorney's Office at (970) 336-7235.
Very truly yours,
WELD COUNTY BOARD OF COMMISSIONERS
14lAkut
Barbara Kirkmeyer, Chair
cc: Weld County Attorney's Office
Weld County Clerk to the Board's Office
Weld County Department of Planning Services
Anderson South Farm, LLC
Enclosures: 4MUSR18-00-1232
Planner:
Case Number:
Applicant:
Request:
Legal
Descriptions:
Location:
Size of Parcels:
LAND USE APPLICATION
SUMMARY SHEET
Diana Aungst
4MUSR18-00-1232
Anderson Southfarm LLC c/o Jim Anderson
Hearing: Director Approval
Fourth Minor Amendment to a Site Specific Development Plan and Use by Special
Review Permit (USR-1232) for a Recreational Facility with uses similar to those seen
at a guest farms and fairgrounds, ten (10) fire pits with hay bale seating around each
pit, two pedal cart tracks, a train station for the barrel train, and a pumpkin made out of
fiberglass on top of an existing silo, to add concession stations, a restroom, a pavilion,
a general store, and three (3) portable structures to house ticketing in the A
(Agricultural) Zone District.
Lots B, C, and D of Recorded Exemption RECX15-0059 being the N2 and part of the
SE4 of Section 32 T2N R68W of the 6th P.M., Weld County, CO
East of and adjacent to CR 3 1/4 and 0.5 miles north of HWY 52
+l- 12.62 acres
+/- 17.70 acres
+/- 216.28 acres
Total: +/- 246.60 acres
Parcel Nos. 1313-32-1-00-051
13'3-32-1-00-052
1313-32-1-00-053
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
> Weld County Department of Public Works, referral dated August 17, 2018
> Colorado Department of Transportation (COOT), referral dated July 9, 2018
> Weld County Department of Public Health and Environment, referral dated July 30, 2018
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ Town of Erie, referral dated July 5, 2018
➢ City of Longmont, referral dated July 2, 2018
➢ Town of Frederick, referral dated July 3, 2018
➢ Weld County Sheriff Office, referral dated July 2, 2018
➢ Weld County Zoning Compliance, referral dated July 2, 2018
➢ Northern Colorado Water Conservancy District, referral dated July 2, 2018
➢ State of Colorado, Division of Water Resources, referral dated July 9, 2018
4MUSR15-00-1232
Page 1 of 11
The Department of Planning Services' staff has not received responses from the following agencies:
> Boulder County
> City of Dacono
> School District RE -1J
> Left Hand Water District
> Colorado Parks and Wildlife
> Boulder and Weld County Ditch
➢ Longmont Conservation District
➢ Mountain View Fire Protection District
4MUSR18-00-1232
Page 2 of 11
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: Diana Aungst
Case Number: 4MUSR18-00-1232
Applicant: Anderson Southfarm LLC c/o Jim Anderson
Request:
Hearing: Director Approval
Fourth Minor Amendment to a Site Specific Development Plan and Use by Special
Review Permit (USR-1232) for a Recreational Facility with uses similar to those seen
at a guest farms and fairgrounds, ten (10) fire pits with hay bale seating around each
pit, two pedal cart tracks, a train station for the barrel train, and a pumpkin made out of
fiberglass on top of an existing silo, to add concession stations, a restroom, a pavilion,
a general store, and three (3) portable structures to house ticketing in the A
(Agricultural) Zone District.
Legal Lots B, C, and D of Recorded Exemption RECX15-0059 being the N2 and part of the
Descriptions: SE4 of Section 32 T2N R68W of the 6th P.M., Weld County, CO
Location East of and adjacent to CR 3 % and 0.5 miles north of HWY 52
Size of Parcels.
Case History:
+/- 12.62 acres
+/- 17.70 acres
+/- 216.28 acres
Parcel Nos.
1313-32-1-00-051
1313-32-1-00-052
1313-32-1-00-053
On July 28, 1999, the original USR-1232 was approved for a guest farm. This USR was amended per the
Board of County Commissioners on two occasions. The first amendment was September 16, 2009,
(AmUSR-1232) to add Recreational Facility and Fairgrounds to the uses. The second amendment
occurred on August 31, 2011, (MUSR-0002), to add ten (10) fire pits with hay bale seating around each
pit, two pedal cart tracks, a train station for the barrel train, and a pumpkin made out of fiberglass on top
of an existing silo. In 2015 a partial vacation of this USR was approved to remove Lot A of RECX15-
0059. The current amendment (4MUSR18-00-1232) is a request to add concession stations, a restroom,
a pavilion, a general store, and three (3) portable structures to house ticketing in the A (Agricultural) Zone
District.
THE DEPARTMENT OF PLANNING SERVICES' DIRECTOR APPROVES THIS APPLICATION FOR
THE FOLLOWING REASONS:
1. The proposed change(s) is consistent with the County Comprehensive Plan pursuant to Chapter
22 of the Weld County Code.
Section 22-2-20.G. 7 - A. Policy 7.1 states, "County land use regulations should support
commercial and industrial uses that are directly related to, or dependent upon, agriculture, to
locate within the agricultural areas, when the impact to surrounding properties is minimal, or can
be mitigated, and where adequate services are currently available or reasonably obtainable."
4MUSR18-CC-1232
Page 3 of 11
Sec. 22-6-20. - ECON.Policy 3.1. states. "County activities and regulation should protect the
rights of private property owners and the public health, safety and welfare, recognizing that these
basic rights and protections allow the free market to prosper and grow the local economy."
The applicant is requesting to expand their existing Amended Use by Special Review to add
concession stations, a restroom, a pavilion, a general store, and three (3) portable structures to
house ticketing. The impact of these additions is minimal however the traffic generated by this
use is significant and CDOT is requesting a traffic impact study.
2. The proposed change(s) will not result in a substantial adverse impact on the other property in
the vicinity of the subject property.
The County notified all the property owners within 500 -feet of the requested and no responses
were received. One email was received with concerns about the traffic at the intersection of CR 3
Y4 and HWY 52. CDOT is requiring an updated traffic impact study.
The Towns of Frederick and Erie in their referral responses dated July 3, 2018 and July 5, 2018
respectively indicated no concerns. The City of Longmont in their referral response dated July 2,
2018 indicated no concerns and the City of Dacono did not respond with referrals agency
comments.
3. The recommendations of the referral agencies have been considered.
The attached Development Standards and Conditions of Approval address the requirements of
the referral agencies.
4. Not deemed to be a major change.
In discussions with staff at the Pre -Application (PRE16-O251) meeting on December 1, 2016 it
was determined that the proposed modifications are consistent with the existing permit and minor
in nature.
5. Must be consistent with the original development standards.
The Development Standards have been updated to the current code.
This approval is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the
following:
1. Prior to recording the map.
A. 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. (Department of Public Works)
B. A Final Drainage Report and Certification of Compliance stamped and signed by a
Professional Engineer registered in the State of Colorado is required. (Department of Public
Works)
C. The applicant shall address the requirements (concerns) of Colorado Department of
Transportation (CDOT), as stated in the referral response dated July 9, 2018. The applicant
shall provide a statement from CDOT that indicates all requirements have been met to the
Weld County Department of Planning Services (Department of Planning Services)
D. The map shall be amended to delineate the following.
4MUSR18-00-1232
Page 4 of 11
1) All sheets of the map shall be labeled 4MUSR18-00-1232.
2) The attached Development Standards.
3) The map shall be prepared per Section 23-2-260.D of the Weld County Code.
4) County Road 3.25 is a paved road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full buildout.
The applicant shall delineate on the site plan the existing right-of-way. All setbacks shall
be measured from the edge of right-of-way. This road is maintained by Weld County.
(Department of Public Works)
5) Show and label the approved access locations, approved access width and the
appropriate turning radii (60') on the site plan. The applicant must obtain an access
permit in the approved location(s) prior to construction. (Department of Public Works)
6) Show and label the approved tracking control on the site plan. (Department of Public
Works)
7) 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. (Department of Public
Works)
8) The applicant shall show and label the accepted drainage features and drainage flow
arrows. Stormwater ponds should be labeled as "Stormwater Detention, No -Build or
Storage Area" and shall include the calculated volume. (Department of Public Works)
9) The applicant shall show the drainage flow arrows. (Department of Public Works)
10) 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 Department of Planning Services' Staff. 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 sixty (60) days from
the date the administrative review was signed. The applicant shall be responsible for paying the
recording fee.
3. In accordance with Weld County Code Ordinance 2006-7 approved June 1, 2006, should the map
not be recorded within the required sixty (60) days from the date the administrative review was
signed a $50.00 recording continuance charge shall added for each additional 3 month period.
4. The Department of Planning Services respectfully requests a digital copy of this Use by Special
Review, as appropriate. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB). The
preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be
sent to maps(a�co.weld.co.us.
5. The Use by Special Review 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.
6. Prior to Construction:
4MUSR18-00-1232
Page 5 of 11
a) The approved access and tracking control shall be constructed prior to on -site construction.
This site requires a tracking control device and 100 feet of asphalt OR 300 feet of asphalt for
tracking control. (Department of Public Works)
b) If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Public Works)
7. Prior to Certificate of Occupancy:
a) An On -Site Wastewater Treatment System (OWTS) is required for the proposed facility and
shall be installed according to the Weld County On -Site Wastewater Treatment System
Regulations. The OWTS is required to be designed by a Colorado Registered Professional
Engineer according to the Weld County Individual Sewage Disposal Regulations.
(Department of Public Health and Environment)
b) As applicable, the applicant shall submit evidence of an Underground Injection Control (UIC)
Class V Injection Well permit from the Environmental Protection Agency (EPA) for any large -
capacity septic system (a septic system with the capacity to serve 20 or more persons per
day). Alternately, the applicant can provide evidence from the EPA that they are not subject
to the EPA Class V requirements. (Department of Public Health and Environment)
By
Tom Parko — Director of Planning
4MUSR18-00-1232
Page 6 of 11
Date: September 12, 2015
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Anderson Southfarm LLC c/o Jim Anderson
4MUSR18-00-1232
1. Fourth Minor Amendment to a Site Specific Development Plan and Use by Special Review Permit
(USR-1232) for a Recreational Facility with uses similar to those seen at a guest farms and
fairgrounds, ten (10) fire pits with hay bale seating around each pit, two pedal cart tracks, a train
station for the barrel train, and a pumpkin made out of fiberglass on top of an existing silo, to add
concession stations, a restroom, a pavilion, a general store, and three (3) portable structures to
house ticketing 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 hours of operation shall be 8:00 a.m. to 10:00 p.m. Thursday and Sunday, 8:00 a.m. to 11:00
p.m. Friday and Saturday, and 8:00 a.m. to 6:00 p.m. Monday thru Wednesday. The facility is
open to the public March 15 - November 10 annually.
4. The number of employees shall be fifteen (15) full-time, eight (8) part-time, and 350 seasonal
between September 1 - November 10.
5. 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.
6. The parking area on the site shall be maintained.
7. The landscaping/screening on the site shall be maintained.
8. Building permit will be required for the haunted theme area and the educational building if they
will be utilized.
9. The Education Building is permitted to utilize no more than one cargo container in the
construction of this structure per Section 23-3-40.AA.
10. Annually the facility is restricted to six events with a maximum daily visitor population of up to
10,000 persons; 10 events with a maximum daily visitor population of up to S,000 persons; and
10 events with a maximum daily visitor population of up to 1,200 persons per day. On all days of
operations, the facility will be permitted for up to 499 participants at any one time as approved
under AMUSR-1232 (2009). For the purposes of this MUSR an 'event' is considered to be one (1)
day in duration. No Temporary Assembly Permit shall be necessary for the events as described
and allowed herein.
11. The application shall maintain compliance with all the requirements of the Department of Labor
and Employment's Public Safety requirements for Amusement Rides and Devices. Evidence shall
be provided to the Department of Planning Services upon request.
12. The property owner shall control noxious weeds on the site.
13 The access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or off -site tracking.
14. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
15, 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.
4MUSR18-00-1232
Page 7 of 11
16. The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement.
17. The Improvements Agreement for this site shall be reviewed on an annual basis, including
possible updates.
18. The historical flow patterns and runoff amounts on the site will be maintained. (Department of
Public Works)
19. Weld County is not responsible for the maintenance of onsite drainage related features.
20. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-
20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination.
21. 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.
22. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. The facility shall operate in accordance
with Chapter 14, Article 1 of the Weld County Code and the approved "Waste Handling Plan".
23. Fugitive dust should attempt to be confined on the property Uses on the property should comply
with the Colorado Air Quality Commission's air quality regulations. The facility shall be operated
in accordance with the approved "Dust Abatement Plan".
24. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit
Application and obtain a permit from the Air Pollution Control Division, Colorado Department of
Public Health and Environment, as applicable.
25. The facility shall comply with Regulation No. 9, Open Burning, Prescribed Fire, and Permitting (5
CCR 1001-11) of the Colorado Air Quality Control Commission.
26. Only clean, untreated wood and untreated wood products may be burned in the fire pits.
27. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons
of the facility, at all times. For temporary uses that are utilized for a time of six months or less or
for temporary events, 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.
28. Any septic system located on the property must comply with all provisions of the Weld County
Code, pertaining to On -site Wastewater Treatment Systems. The facility shall comply with the
"Sewage Disposal and Portable Toilet Plan". A permanent, adequate water supply shall be
provided for drinking and sanitary purposes.
29. In the event the septic system requires a design capacity of over 2,000 gallons of sewage per day
the applicant shall provide evidence that all requirements of the Colorado Department of Public
Health and Environment, Water Quality Control Division's (WQCD) Regulation No. 22 have been
satisfied. Evidence of compliance shall be provided to the Weld County Department of Public
Health and Environment. Alternately, the applicant can provide evidence from the WQCD that
they are not subject to these requirements.
30. All potentially hazardous chemicals on -site must be handled in a safe manner in accordance with
product labeling. All chemicals must be stored secure, on an impervious surface, and in
accordance with manufacturer's recommendations.
4MUSR18-00-1232
Page 8 of 11
31. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the
Colorado Department of Public Health and Environment (CDPHE), Water Quality Control
Division, as applicable.
32. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial
Zone as set forth in Section 25-12-103, C.R.S.
33. The applicant shall comply with Colorado Retail Food Establishment Rules and Regulations
governing the regulation of food service establishments.
34. If applicable, the applicant shall comply with the Colorado Department of Agriculture (CDA),
Division of Animal Industry.
35. Animal and feed wastes, bedding, debris and other organic wastes shall be disposed of so that
vermin infestation, odors, disease hazards, and nuisances are minimized.
36. The operation shall comply with all applicable rules and regulations of State and Federal
agencies and the Weld County Code.
37. 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.
38. Building permit maybe required, per Section 29-3-10 of the Weld County Code. Currently the
following has been adopted by Weld County: 2012 International Codes; 2006 International
Energy Code; 2017 National Electrical Code; A building permit application must be completed
and two complete sets of engineered plans bearing the wet stamp of a Colorado registered
architect or engineer must be submitted for review. A geotechnical engineering report performed
by a registered State of Colorado engineer shall be required or an open hole inspection.
39. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the
Weld County Road Impact Program.
40. Building permits issued on the subject site will be required to adhere to the fee structure of the
County Facility Fee and the Drainage Impact Fee.
41. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
42. 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.
43. The Amended 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.
44. 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.
4MUSR18-00-1232
Page 9 of 11
45. 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.
46. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most
productive agricultural counties in the United States, typically ranking in the top ten counties in
the country in total market value of agricultural products sold. The rural areas of Weld County
may be open and spacious, but they are intensively used for agriculture. Persons moving into a
rural area must recognize and accept there are drawbacks, including conflicts with long-standing
agricultural practices and a lower level of services than in town. Along with the drawbacks come
the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness,
wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without
neighboring farms, those features which attract urban dwellers to rural Weld County would quickly
be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment; slow -moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor
from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes;
hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife, and the use of
pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice
for agricultural producers to utilize an accumulation of agricultural machinery and supplies to
assist in their agricultural operations. A concentration of miscellaneous agricultural materials
often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-
102, C.R.S., provides that an agricultural operation shall not be found to be a public or private
nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that
are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential
development. When moving to the County, property owners and residents must realize they
cannot take water from irrigation ditches, lakes, or other structures, unless they have an
adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size
(twice the size of the State of Delaware) with more than three thousand seven hundred (3,700)
miles of state and County roads outside of municipalities. The sheer magnitude of the area to be
served stretches available resources. Law enforcement is based on responses to complaints
more than on patrols of the County, and the distances which must be traveled may delay all
emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually
provided by volunteers who must leave their jobs and families to respond to emergencies.
County gravel roads, no matter how often they are bladed, will not provide the same kind of
surface expected from a paved road. Snow removal priorities mean that roads from subdivisions
to arterials may not be cleared for several days after a major snowstorm. Services in rural areas,
in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be
more self-sufficient than urban dwellers.
4MUSR13-00-1232
Page 10 of 11
People are exposed to different hazards in the County than it 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, sand burs, 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.
4MUSR1 B-00-1232
Page 11 of 11
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BOARD OF COUNTY COMMISSIONERS
PHONE: (970) 336-7204
FAX: (970) 336-7233
1150 O STREET
P.O. BOX 758
GREELEY, COLORADO 80632
April 29, 2019
ATTN: GLEN FRITZLER
FRITZLER FARMS, INC.
DBA FRITZLER FARM PARK
20909 COUNTY ROAD 33
LASALLE, CO 80645
RE: DISSOLUTION OF CHAPTER 12, ARTICLE I, OF THE WELD COUNTY CODE -
TEMPORARY ASSEMBLY PERMITS
Dear Glen Fritzler:
Pursuant to Weld County Code Ordinance 2019-03, in the matter of repealing and reenacting,
with amendments, Chapter 5 Revenue and Finance and Chapter 12 Licenses and Permits, which
was approved on third reading on April 29, 2019, Temporary Assembly Permits are no longer
required for events with 350 people or more in attendance. You are required to adhere to the rules
and regulations set forth in your Amended Use by Special Review Permit, MUSR15-0016.
If you have questions or need additional information, please do not hesitate to contact me at
(970) 336-7204, Extension 4200, or the Weld County Attorney's Office at (970) 336-7235.
Very truly yours,
WELD COUNTY BOARD OF COMMISSIONERS
arbara Kirkm- er, Chair
cc: Weld County Attorney's Office
Weld County Clerk to the Board's Office
Weld County Department of Planning Services
Enclosures: MUSR15-0016
Planner.
Case Number.
Applicant:
Address:
Site Address
Request:
Legal Description:
Location:
Size of Parcels:
LAND USE APPLICATION
SUMMARY SHEET
Michelle Martin
MUSR15-0016
Estate of Edward and Eileen Fritzler c/o Glen Fritzler
20909 County Road 33, LaSalle, CO 80645
20730 County Road 31, LaSalle, CO 80645
A Minor Amendment to a Site Specific Development Plan and Use by Special
Review Permit No AMUSR-1268 for a Recreational Facility, with uses similar to
those seen at a Guest Farm and Fairgrounds to include an escape room modular,
ticket office, concession building, modular trailer haunt, beer garden, tetherball, tire
climb, dog agility show, and other similar activities in the A (Agricultural) Zone
District.
Lot D of corrected RE -3966 being part N2 of Section 22, T4N, R66W of the 6th
P.M , Weld County, CO
South of and adjacent to County Road 44 and West of and adjacent to State
Highway 85
+/- 265.59 Acres
Parcel Numbers: 1057 22 100021, 1057 22 100024, 1057 22 200022, 1057 22 200023
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code.
The Department of Planning Services' staff has received responses from the following agencies:
Without Comments
■ Weld County Zoning Compliance, referral dated 8/14/15
■ Town of Gilcrest, referral dated 9/1/15
▪ Central Weld County Water District, referral dated 8/17/15
▪ Weld County School District RE -1, referral dated 8/17/15
▪ Colorado Parks and Wildlife, referral dated 8/18/15
▪ Weld County Sheriff's Office, referral dated 8/21/15
▪ Town of LaSalle, referral dated 9/10/15
With Comments:
▪ Weld County Department of Public Health and Environment, referral dated 9/27/15
▪ Weld County Department of Planning — Engineering, referral dated 9/11/15
▪ Colorado Division of Water Resources, referral dated 9/1/15
MUSR15-0016
Page 1
The following agencies have not responded:
▪ Colorado Department of Transportation
▪ Ambulance Service
▪ City of Evans
▪ Town of Milliken
▪ Town of Platteville
▪ LaSalle F-9 Fire Protection District
▪ Platteville F-13 Fire Protection District
▪ Weld County Department of Building Inspection
▪ Weld County Public Works
▪ Western Mutual Ditch Company
MUSR15-0016
Page 2
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: Michelle Martin
Case Number: MUSR15-0016
Applicant: Estate of Edward and Eileen Fritzler c/o Glen Fritzler
Address: 20909 County Road 33, LaSalle, CO 80645
Site Address: 20730 County Road 31, LaSalle, CO 80645
Request:
A Minor Amendment to a Site Specific Development Plan and Use by Special
Review Permit No AMUSR-1268 for a Recreational Facility, with uses similar to
those seen at a Guest Farm and Fairgrounds to include an escape room modular,
ticket office, concession building, modular trailer haunt, beer garden, tetherball, tire
climb, dog agility show, and other similar activities in the A (Agricultural) Zone
District.
Legal Description: Lot D of corrected RE -3966 being part N2 of Section 22, T4N, R66W of the 6th
P.M., Weld County, CO
Location: South of and adjacent to County Road 44 and West of and adjacent to State
Highway 85
Size of Parcel: +/- 265.59 Acres
Parcel Number 1057 22 100021, 1057 22 100024, 1057 22 200022, 1057 22 200023
Summary:
AMUSR-1268 was approved in 2014; this amendment is to permit the addition of
new attractions and structures for the corn maze along with some year round
events. The year round events will include an escape room a brewery and event
barn. The boundaries of the Use by Special Review will also expand to include
the entire Lot D of corrected RE -3966.
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
The proposed change(s) will be compatible with existing and allowed uses in the surrounding area
and be in harmony with the neighborhood.
The Use by Special Review (USR) AMUSR-1268 map was recorded in October 7, 2005 for a
Site Specific Development Plan and Amended Use by Special Review Permit #1268 is for a
MUSR15-0016
Page 3
Recreational Facility, with uses similar to those seen at a Guest Farm and Fairgrounds in the A
(Agricultural) Zone District. The applicant has made some modifications to their previously
approved USR and therefore is amending their application to stay in compliance with Weld
County. Some of the changes to the corn maze include a beer garden, escape room, mini golf,
zip line, pumpkin stroll, haunted barn and some year round activates such as an escape room,
event room and a brewery. The boundaries of the Use by Special Review will also expand to
include the entire Lot D of corrected RE -3966.
Several of the neighbors objected to the beer garden and the ability of the facility to serve liquor.
The Board of County Commissioners on August 26, 2015 approved a Tavern License for the
facility. The proposed development standards and conditions of approval will help ensure the use
remains compatible with the surrounding area.
2 The proposed change(s) is consistent with the County Comprehensive Plan pursuant to Chapter
22 of the Weld County Code.
ECON.Policy 3.1. County activities and regulation should protect the rights of private property
owners and the public health, safety and welfare, recognizing that these basic rights and
protections allow the free market to prosper and grow the local economy.
The applicant is requesting to expand their existing Use by Special Review to include additional
attractions at the corn maze and some year round activates such as an escape room. event room
and a brewery. Some of the surrounding properties are concerned with liquor being served. A
Tavern License was approved by the Board of County Commissioner on August 26, 2015 to serve
liquor at the facility.
3. The proposed change(s) will not result in a substantial adverse impact on the other property in the
vicinity of the subject property.
AMUSR-1268 was approved by the Weld County Board of County Commissioners and the map
was recorded on October 7, 2005 for a Site Specific Development Plan and Amended Use by
Special Review Permit for a Recreational Facility, with uses similar to those seen at a Guest Farm
and Fairgrounds in the A (Agricultural) Zone District.
The County notified all the property owners within 500 -feet of the request to amend AMUSR-1268
to include additional attractions at the corn maze and some year round activates such as an escape
room, event room and a brewery. Some surrounding property owners did comment on this
application but their comments mainly pertained to the facility serving liquor which has already been
approved by the Board of County Commissioners.
4. The recommendations of the referral agencies have been considered.
The attached Development Standards and Conditions of Approval address the requirements of the
referral agencies.
5. Not deemed to be a major change.
After the Pre -Application meeting on April 30, 2015 Weld County Planning staff determined the
proposed modifications were not a major change to the current permit.
6. Must be consistent with the original development standards.
The previous USR was approved for a Recreational Facility, with uses similar to those seen at a
Guest Farm and Fairgrounds in the A (Agricultural) Zone District. The proposed modifications are
to allow additional attractions at the corn maze and some year round activates such as an escape
room, event room and a brewery. The attached development standards incorporate the
MUSR15-0016
Page 4
development standards approved under AMUSR-1268 but have been updated and expanded to
reflect current regulations.
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.
1 The map shall be amended to delineate the following:
A. All sheets of the map shall be labeled MUSR15-0016. (Department of Planning
Services)
B. The attached Development Standards. (Department of Planning Services)
C. The map shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
D. County Road 44 is a paved road and is designated on the Weld County Road
Classification Plan as an arterial road which requires 140 feet of right-of-way at full
buildout. The applicant shall delineate on the site plan the future and existing right-
of-way. All setbacks shall be measured from the edge of future right-of-way. This
road is maintained by Weld County. (Department of Planning Services -Engineer)
E Show and label the approved access (AP15-00429), and the appropriate turning
radii on the site plan. (Department of Planning Services -Engineer)
F. 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 Planning Services -Engineer)
Show and label all easements with the recorded document reception number and
date on the site plan. (Department of Planning Services -Engineer)
Show and label the approved tracking control on the site plan. (Department of
Planning Services -Engineer)
Show and label the accepted drainage features and drainage flow arrows on the
site plan. Water quality features or stormwater ponds should be labeled as 'Water
Quality Feature/Stormwater Detention, No -Build or Storage Area, Volume = TBD"
(Department of Planning Services -Engineer)
G The applicant shall delineate a detail of the facility lights on the map. (Department
of Planning Services)
The map shall delineate the trash collection areas. (Department of Planning
Services)
J All signs shall be shown on the map with dimensions. (Department of Planning
Services)
K. The applicant shall delineate the parking on the map jncluding the ADA parking
stalls. The applicant shall comply with Appendix 23-B of the Weld County Code
and the Section 208 of the 2010 Americans with Disability Act and provide an
adequate number of parking stalls. (Department of Planning Services)
MUSR 15-0016
Page 5
2 Prior to Recording the Map:
A. A Final Drainage Design that meets County requirements is required. (Department
of Planning Services -Engineer)
B. The applicant shall address the requirements of the Colorado Division of Water
Resources, as stated in the referral response dated 9/1/15. Written evidence of
such shall be submitted to the Weld County Department of Planning Services.
(Department of Planning Services)
C. The applicant shall submit an updated Certificate of Liability Insurance to show
coverage from September 1, 2015 to September 1, 2016. (Department of Planning
Services)
3 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. Contact the Planning Department for application information.
(Department of Planning Services -Engineer)
4. Upon completion of 1-2 above the applicant shall submit one (1) paper copy or one (1) electronic
copy of the map for preliminary approval to the Weld County Department of Planning Services.
Upon approval of the paper copies 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 Department of Planning Services' Staff. 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 sixty (60) days from the date
of the Board of County Commissioners resolution. The applicant shall be responsible for paying
the recording fee.
5. In accordance with Weld County Code Ordinance 2006-7 approved June 1, 2006, should the map
not be recorded within the required sixty (60) days from the date the Board of County
Commissioners resolution a $50.00 recording continuance charge shall added for each additional
3 month period.
6. The Department of Panning Services respectively requests the surveyor provide a digital copy of
this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arcinfo Export files format
type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This
digital file may be sent to maps@co.weld.co.us.
7. The Special Review activity shall not occur nor shall any building or electrical permits be issued on
the property until the Special Review mapis ready to be recorded in the office of the Weld County
Clerk and Recorder.
By
arko
lanning Director
MU S R 15-0016
Page 6
Date
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ESTATE OF EDWARD FRITZLER
MUSR15-0016
A Minor Amendment to a Site Specific Development Plan and Use by Special Review Permit No
AMUSR-1268 for a Recreational Facility, with uses similar to those seen at a Guest Farm and
Fairgrounds to include an escape room modular, brewery, ticket office, concession building,
modular trailer haunt, beer garden, tetherball, tire climb, dog agility show, and other similar
activities in the A (Agricultural) Zone District.
2 Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code.
3 The applicant shall maintain compliance with the Department of Labor and Employment, Oil and
Public Safety &CCR 1101-12, carnivals and amusement parks regulations at all times.
4. As indicated in the application materials the maximum number of customer allowed on the site at
one time shall be 2,000.
5 The site may operate from the last week in August until the weekend after Halloween seven days
a week from 9:00 am to midnight with the exception of the produce stand which may operate from
the first of July through the end of September from 9:00 am to 6:00 pm
6. The brewery, escape room and event room shall be allowed to function year round from 9.00 am
to midnight.
7 The applicant shall have an insurance policy written by an insurance company authorized to do
business in the State of Colorado or by a surplus lines insurer in an amount of not less than
$100,000 per occurrence with a $300,000 annual aggregate for class A amusement rides (as
designated by the Department of Labor and Employment) and all other recreational amenities
insuring the owner or operator against liability for injury to persons arising out of the use of the
amusement rides
8. Should the applicant place any Class B amusement rides on the site (as designated by the
Department of Labor and Employment) they shall obtain an insurance policy written by an
insurance company authorized to do business in the State of Colorado or by a surplus lines
insure, in an amount of not less than a $1 Million per Occurrence insuring the owner or operator
against liability for injury to persons arising out of the use of the amusement rides.
9. No Smoking signs shall be placed in sufficient locations to ensure fire will not be allowed near
corn stalks or flammable areas.
10. No commercial all -terrain vehicle (ATV) courses shall be allowed on the site.
11. The two semi trailer being used as storage units shall be an allowed use from the date of
approval by the Board of County Commissioners. The trailer shall be maintained in drivable
conditions and shall maintain current licensing.
12 The applicant shall install a trash collector at the culvert located at the intersection of Weld
County Road 33 and U.S. Highway 85. The type of device shall be agreed upon by the applicant
and western mutual ditch company and the applicant shall be responsible for any costs
associated with the project.
13. The screening and landscaping on the site shall be maintained per the map.
MUSR15-0016
Page 7
14. Should noxious weeds exist on the property or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds,
pursuant to Chapter 15, Articles I and II of the Weld County Code
15. The site shall be maintained to mitigate any impacts to the public road including damages and/or
offsite tracking.
16. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized,
17. The historical flow patterns and runoff amounts will be maintained on the site.
18. Weld County is not responsible for the maintenance of onsite drainage related features.
19. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination.
20. 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.. as amended.
21. The applicant shall remove, handle, and stockpile manure from the animal areas in a manner that
will prevent nuisance conditions. The manure piles shall not be allowed to exist or deteriorate to
a condition that facilitates excessive odors, flies, insect pests, or pollutants.
22. Animal and feed wastes, bedding, debris and other organic wastes shall be disposed of so that
vermin infestation, odors, disease hazards, and nuisances are minimized.
23. 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.
24. Fugitive dust should attempt to be confined on the property. Uses on the property should comply
with the Colorado Air Quality Commission's air quality regulations.
25. There shall be no open burning conducted on the site, with exception to burning defined as
"agricultural open burning" as defined by Regulation No. 9 of the Colorado Air Quality Control
Commission Regulations.
26. This facility shall adhere to the maximum permissible noise levels allowed in the Non -Specified
Zone as delineated in Section 14-9-30 of the Weld County Code.
27. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons
of the facility, at all times. For temporary or seasonal uses that are utilized 6 months or less per
year 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.
28. Any septic system located on the property must comply with all provisions of the Weld County
Code, pertaining to On -site Wastewater Treatment Systems.
29. A permanent, adequate water supply shall be provided for drinking and sanitary purposes for
uses that are not considered temporary. The facility shall utilize the existing public water supply,
(Central Weld County Water District)
30. The applicant shall comply with Colorado Retail Food Establishment Rules and Regulations
MUSR 15-0016
Page 8
governing the regulation of food service establishments.
31. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code.
32. 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.
33. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the
following have been adopted by Weld County: 2012 International Codes, 2006 International
Energy Code, and 2011 National Electrical Code. A Building Permit Application must be
completed and two (2) complete sets of engineered plans bearing the wet stamp of a Colorado
registered architect or engineer must be submitted for review. A Geotechnical Engineering Report
performed by a Colorado registered engineer shall be required or an Open Hole Inspection.
34 The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
35. 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.
36. 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.
37. 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.
38. 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.
39. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total market
value of agricultural products sold. The rural areas of Weld County may be open and spacious,
but they are intensively used for agriculture. Persons moving into a rural area must recognize and
accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower
MUSR15-0016
Page 9
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 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential
development. When moving to the County, property owners and residents must realize they cannot
take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right
to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of
state and County roads outside of municipalities. The sheer magnitude of the area to be served
stretches available resources. Law enforcement is based on responses to complaints more than
on patrols of the County, and the distances which must be traveled may delay all emergency
responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by
volunteers who must leave their jobs and families to respond to emergencies. County gravel roads,
no matter how often they are bladed, will not provide the same kind of surface expected from a
paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be
cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not
be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than
urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and
center pivot operations, high speed traffic, sand burs, 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.
MUSR15-0016
Page 10
U.S. Postal Service"'
CERTIFIED MAIL° RECEIPT
Domestic Mail Only
For delivery information, visit our website at www.usps.com®.
Certified Mail Fee
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Extra Services & Fees (check box, add fee as appropriate)
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BOARD OF COUNTY COMMISSIONERS
PHONE: (970) 336-7204
FAX: (970) 336-7233
1150 O STREET
P.O. BOX 758
GREELEY, COLORADO 80632
MARTIN AND BERTA GUTIERREZ
7717 COUNTY ROAD 31
FORT LUPTON, CO 80621
RE: DISSOLUTION OF CHAPTER 12, ARTICLE I, OF THE WELD COUNTY CODE -
TEMPORARY ASSEMBLY PERMITS
Dear Martin and Berta Gutierrez:
Pursuant to Weld County Code Ordinance 2019-03, in the matter of repealing and reenacting,
with amendments, Chapter 5 Revenue and Finance and Chapter 12 Licenses and Permits, which
was approved on third reading on April 29, 2019, Temporary Assembly Permits are no longer
required for events with 350 people or more in attendance. However, "Racing" events, whether a
one-time event or a reoccurring event, require a Use by Special Review (USR) permit.
If you have questions or need additional information, please do not hesitate to contact me at
(970) 336-7204, Extension 4200, or the Weld County Attorney's Office at (970) 336-7235.
Very truly yours,
WELD COUNTY BOARD, OF COMMISSIONERS
Barbara Kirkmeyer, Chair
cc: Weld County Attorney's Office
Weld County Clerk to the Board's Office
Weld County Department of Planning Services
Enclosures: Department of Planning Services' Use by Special Review Permit (USR) Pre -Application
PRE APPLICATION REVIEW REQUEST
• The first meeting with the County's Development Review Team is a Pre -Application review meeting. Anyone
with a development idea can schedule a Pre -Application review meeting to get feedback on their idea. Pre -
Application meetings are free and are meant to assist property owners and applicants in understanding what
is required during development review.
• At the Pre -Application meeting, staff from various departments will provide comments on the development
proposal. Based on the input from the meeting the applicant can then decide if they would like to move
forward with a formal Land Use application.
• Submit the Pre -Application Review Request form, questionnaire, and map to the Planning Department. The
application can be emailed to Tom Parko (tparko@weldgov.com); mailed/dropped off at the Planning
Department: 1555 N. 17th Ave, Greeley, CO, 80631; or faxed to 970-304-6498
• The Pre -Application will be assigned to a planner and a planner will contact you and set up a date and time
for the Pre -Application meeting. Pre -Application reviews are typically held Thursdays and Fridays of any
given week at the Planning Department offices at the address at the bottom of this form.
• The week following the Pre -Application meeting, the applicant will receive meeting minutes summarizing the
requirements that are specific to the project discussed during the meeting. The comments from the meeting
minutes assist you in preparing the detailed components of your formal Land Use application.
OFFICE USE ONLY
Case Number:
Planner: r
Contact Information: j Date and time of meeting:
I Name
Phone
Fax
Email
Address
Project Description
Property Information:
Section-Townshi Ran e I
P 9
Zone District
Parcel Number
Acreage
Site Address i
Water Source
Legal Description
Sewer1Septic I
Owner Name
Is this property currently in violation? n No 17 Yes Case Number
Preferred date and time for meeting (Thursday or Friday):
a.m. or p.m.
• View the Weld County Code https://www.weldgov.com/
• View the Weld County Property Portal https://www.co.weld.co.us/maps/propertyportal/
• View other Weld County Planning Cases - E -permit center https://accela-aca.co.weld.co.us/citizenaccess/
9/2018
PRE APPLICATION REVIEW REQUEST
QUESTIONNAIRE:
Answer the following questions on a separate sheet. If a question does not pertain to your use, please respond
with "not applicable".
Planning Questions: Planner on Call 970-400-6100
1. Explain in detail, the proposed use of the property.
2. What are the hours and days of operation? (e.g. Monday thru Friday 8:00 a.m. to 5:00 p.m.)
3. List the number of full-time and/or part-time employees proposed to work at this site.
4. If shift work is proposed include the number of employees per shift.
5. List the number of people who will use this site. Include contractors, truck drivers, customers, volunteers, etc.
6. If this is a dairy, livestock confinement operation, kennel, etc., list the number and type of animals.
7. Describe the type of lot surface and the square footage of each type. (e.g. asphalt, gravel, landscaping, dirt,
grass, buildings)
8. Is this site in a Regional Urbanizing Area (RUA)?
Public Works Questions: 970-304-6496
1, Describe how many roundtrips/day are expected for each vehicle type: Passenger Cars/Pickups, Tandem
Trucks, Semi-Truck/Trailer/RV (Roundtrip = 1 trip in and 1 trip out of site)
2. Describe the expected travel routes for site traffic.
3. Describe the travel distribution along the routes (e.g. 50% of traffic will come from the north, 20% from the
south, 30% from the east, etc.)
4. Describe the time of day that you expect the highest traffic volumes from above.
5. Describe where the access to the site is planned.
6. Describe the plans or containment for the stormwater runoff.
Environmental Health Questions: 970-304-6415
1. What is the drinking water source on the property? If utilizing a drinking water well include the well permit
number.
2. What type of sewage disposal system is on the property? If utilizing an existing septic system provide the
septic permit number.
3. If storage or warehousing is proposed. what type of items will be stored?
Building Questions: 970-400-6100
1. List the type, size (square footage), and number of existing and proposed structures.
2. Explain how the existing structures will be used for this USR.
3. List the proposed use(s) of each structure.
MAP:
Show and label the following items:
1. Existing and proposed structures, sizes and uses
2. Existing and proposed parking with dimensions
3. Nearest public roads
4. Proposed and existing access points
5. Property boundary
Development Review Staff are available to assist applicants through this process. For questions, please
visit us or call The Department of Planning Services at (970) 400-6100.
912018
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BOARD OF COUNTY COMMISSIONERS
PHONE: (970) 336-7204
FAX: (970) 336-7233
1150 O STREET
P.O. BOX 758
GREELEY, COLORADO 80632
ATTN: ANA ORNELAS-MORENO
IHRF, INC.
6736 EAST 123RD PLACE
BRIGHTON, CO 80602
RE: DISSOLUTION OF CHAPTER 12, ARTICLE I, OF THE WELD COUNTY CODE -
TEMPORARY ASSEMBLY PERMITS
Dear Ana Ornelas-Moreno:
Pursuant to Weld County Code Ordinance 2019-03, in the matter of repealing and reenacting,
with amendments, Chapter 5 Revenue and Finance and Chapter 12 Licenses and Permits, which
was approved on third reading on April 29, 2019, Temporary Assembly Permits are no longer
required for events with 350 people or more in attendance. You are required to adhere to the rules
and regulations set forth in your Amended Use by Special Review Permit, 1MUSR18-17-0024, a
copy of which will be provided once finalized.
If you have questions or need additional information, please do not hesitate to contact me at
(970) 336-7204, Extension 4200, or the Weld County Attorney's Office at (970) 336-7235.
Very truly yours,
WELD COUNTY BOARD OF COMMISSIONERS
arbara Kirkmeyer, Chair
cc: Weld County Attorney's Office
Weld County Clerk to the Board's Office
Weld County Department of Planning Services
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CERTIFIED MAIL° RECEIPT
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2. Article Number (Transfer from service label)
7016 0750 0000 7938 4634
PS Form 3811, July 2015 PSN 7530-02-000-9053
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BOARD OF COUNTY COMMISSIONERS
PHONE: (970) 336-7204
FAX: (970) 336-7233
1150 O STREET
P.O. BOX 758
GREELEY, COLORADO 80632
April 29, 2019
ATTN: ANN LEAHY
LEAHY FAMILY FARM, LLC
1714 14TH STREET ROAD
GREELEY, CO 80631
RE: DISSOLUTION OF CHAPTER 12, ARTICLE I, OF THE WELD COUNTY CODE -
TEMPORARY ASSEMBLY PERMITS
Dear Ann Leahy:
Pursuant to Weld County Code Ordinance 2019-03, in the matter of repealing and reenacting,
with amendments, Chapter 5 Revenue and Finance and Chapter 12 Licenses and Permits, which
was approved on third reading on April 29, 2019, Temporary Assembly Permits are no longer
required for events with 350 people or more in attendance. You are required to adhere to the rules
and regulations set forth in your Use by Special Review Permit, USR-1142.
If you have questions or need additional information, please do not hesitate to contact me at
(970) 336-7204, Extension 4200, or the Weld County Attorney's Office at (970) 336-7235.
Very truly yours,
WEL4,COUNTY BOARD OF COMMISSIONERS
Barbara Kirkmeyer, Chair
cc: Weld County Attorney's Office
Weld County Clerk to the Board's Office
Weld County Department of Planning Services
Enclosures: USR-1142
RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW
PERMIT #1142 FOR A PUBLIC RECREATIONAL FACILITY (BICYCLING,
WALKING TRAILS, ROLLER BLADING, AND MOTORCYCLE TRACKS) IN
THE A (AGRICULTURAL) ZONE DISTRICT - LEAHY FAMILY FARM, LLC
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 21st day
of May, 1997, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Leahy Family Farm, LLC, 22437 Weld County Road 19, Milliken,
Colorado 80543, for a Site Specific Development Plan and Special Review Permit #1142 for a
public recreational facility (bicycling, walking trails, roller blading, and motorcycle tracks) in the
A (Agricultural) Zone District on the following described real estate, to -wit
Part of the SE1/4 of Section 9, Township 4 North,
Range 67 West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented try Jacqueline Johnson, Attorney, at said
hearing, and
WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards
for review of said 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 recommendations 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:
The submitted materials are in compliance with the application requirements of
Section 24.7 of the Weld County Zoning Ordinance.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance as
follows:
A. Section 24.4.2.1 -- This proposal is consistent with the Weld County
Comprehensive Plan which allows for commercial and industrial uses to
locate in the Agricultural Zone District when the impact to surrounding
properties is minimal and where adequate services and infrastructure are
available.
971009
\)L \\L I vA.,\
PL1077
SPECIAL REVIEW PERMIT #1142 - LEAHY FAMILY FARM, LLC
PAGE 2
B. Section 24.4.2.2 — This proposal is consistent with the intent of the
A (Agricultural) Zone District in that no prime productive farm ground is
being taken out of production.
C Section 24.4.2.3 -- The proposal will be compatible with the existing
surrounding land uses which are the Town of Johnstown to the north,
Hillsboro Reservoir to the south, and farm production to the east and
west.
D Section 24.4.2.4 -- The proposed use will be compatible with future
development of the surrounding area as permitted by the A (Agricultural)
Zone District and with the future development as projected by the
Comprehensive Plan or Master Plan of affected municipalities. The
Towns of Milliken and Johnstown have both reviewed this request and
have no conflict with their interests.
E. Section 24.4.2.5 -- The proposal is not located within the Overlay District
Areas identified by maps officially adopted by Weld County.
F. Section 24.4.2.6 -- The property is located on gently rolling hills. The
subject property is not productive farm ground.
G. Section 24.4.2.7 -- The Design Standards (Section 24.5 of the Weld
County Zoning Ordinance, Operation Standards (Section 24.6 of the
Weld County Zoning Ordinance), Conditions of Approval, and
Development Standards ensure that there are adequate provisions for
the protection of health, safety, and welfare of the inhabitants of the
neighborhood and County.
NOW, THEREFORE, SE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Leahy Family Farm, LLC, for a Site Specific
Development Plan and Special Review Permit #1142 for a public recreational facility (bicycling,
walking trails, roller blading, and motorcycle tracks) in the A (Agricultural) Zone District on the
hereinabove described parcel of land be, and hereby is, granted subject to the following
conditions:
1. The attached Development Standards for the Special Review Permit shall be
adopted and placed on the Special Review Plat prior to recording the plat The
completed plat shall be delivered to the Department of Planning Services and be
ready for recording in the Weld County Clerk and Recorder's Office within 15
days of approval by the Board of County Commissioners.
971009
PL1077
SPECIAL REVIEW PERMIT #1142 - LEAHY FAMILY FARM, LLC
PAGE 3
2. Prior to recording the plat:
A. The septic system serving the home located on the property is not
currently permitted through the Weld County Health Department. This
system must obtain a permit. Prior to permitting the system, an Individual
Sewage Disposal System (I. S.D.S.) evaluation must be conducted to
determine the adequacy of the system. In the event the system is found
to be inadequate, the system must be brought into compliance with
current I.S.D.S. regulations.
A dust abatement plan shall be submitted to the Weld County Health
Department for review and approval prior to operation. The facility shall
have sufficient equipment available to implement the dust control as
required by the Weld County Health Department.
C The applicant shall submit to the Weld County Public Works Department
for review and approval a drainage study identifying culverts for road
crossings and drainage patterns showing how the drainage/retention
pond will be used. A copy of the approval shall be submitted to the
Department of Planning Services.
D. The applicant shall submit to the Weld County Public Works Department
for review and approval a grading plan for the parking areas. These
areas shall be graveled and maintained at all times.
E. The applicant shall demonstrate that VI #9600279, issued on the property
for a non-commercial junk yard and motor track by Julie Chester, Zoning
Compliance Officer, Weld County Department of Planning Services, has
been closed.
F. The applicant shall submit to the Department of Planning Services for
review and approval a landscaping plan and maintenance schedule for
the facility.
3. The plat shall be amended to show the following:
A. The signage located at the entrances of the facility shall indicate that no
alcoholic beverages are allowed. There shall be additional language on
these signs that informs anyone entering the property that, should they
be found with alcohol or under the influence of alcohol, they will be
removed immediately from the premises.
971009
PL1077
SPECIAL REVIEW PERMIT #1142 - LEAHY FAMILY FARM, LLC
PAGE 4
B. A 48" (4 -foot) utility fence shall be placed around the perimeter of the
racing and public areas of the facility. The fence shall be shown on the
plat- Fencing around future trails or any future public areas when
developed, especially between the Hillsboro Reservoir and the hiking,
biking, walking, roller blade trail is required.
C. Parking spaces shall be delineated on the plat in the designated parking
areas.
D. The spectator viewing areas and structures shall be delineated on the
plat.
Two permanent individual sewage disposal systems are required for the
proposed facility and shall be installed according to the Weld County Individual
Sewage Disposal System regulations Vault systems shall be acceptable. One
system shall be located near the proposed parking areas. It shall provide a
separate unit for both men and women. The second unit shall be located in the
extreme southwest corner of the property.
A. In the event average daily use of the facility exceeds 100 persons,
additional restroom facilities (separate men and women units) shall be
installed for every 100 average daily facility users. Vault systems shall be
acceptable.
B. The facility may supplement the on -site septic systems with port -a -potty
units for temporary special events where the existing systems are not
sufficient for users of the facility. The on -site systems shall be adequate
for up to 100 daily users of the facility. The facility shall provide one (1)
port -a -potty unit for each additional 100 persons expected for temporary
special events.
C. If vault units are installed, they shall be maintained in a sanitary manner
to prevent nuisance conditions, such as odor, flies, etc. The vaults shall
be pumped by a licensed septic tank cleaner
D. In the event the facility installs a sub -surface absorption septic system or
other septic system where disposal will occur on -site, those systems
must be designed by a Colorado Registered Professional Engineer.
E. The disposal of all sewage generated at the site shall comply with the
Weld County Individual Sewage Disposal System regulations.
971009
PL1077
SPECIAL REVIEW PERMIT #1142 - LEAHY FAMILY FARM, LLC
PAGE 5
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 21st day of May, A.D 1997.
BOARD OF COUNTY COMMISSIONERS
WELD OUNTY, COLORADO
ATTEST:
Weld County Ck r�r
BY
Deputy Cler
Dal,.)K Hall
APPS IED A +•FORM.
rbara J Kirkmeyer
County Att .rney
971009
PL1077
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LEAHY FAMILY FARM, LLC
USR #1142
1. The Site Specific Development Plan and Special Review Permit 's for public recreational
facility (bicycling, walking trails, roller blading and motorcycle tracks) in the
A (Agricultural) Zone District, as indicated in the application materials on file and subject
to the Development Standards stated herein.
2. Approval of this plan may create a vested property right pursuant to Section 90 of the
Weld County Zoning Ordinance.
3. All liquid and solid wastes shall be stored and removed for final disposal in a manner
that protects against surface and groundwater contamination.
4. No permanent disposal of wastes shall be permitted at this site.
5. Waste materials shall be handled, stored, and disposed in a manner that controls
fugitive dust, blowing debris, and other potential nuisance conditions.
6. Fugitive dust shall be controlled on this site
The maximum permissible noise level shall riot exceed the commercial limit of 80 dBA,
as measured according to Section 25-12-101, et seq., Colorado Revised Statutes. This
standard shall be monitored and enforced only as the result of an adjacent property
owner complaint. Mufflers and silencers shall be required on all motorcycles using the
property.
8. Adequate toilet facilities, as identified in the Conditions of Approval, shall be provided for
patrons of the facility.
9. The facility shall provide at all times a safe and adequate drinking water source for
people of the facility In the event the on -site well provides water for drinking, it shall
meet all the necessary requirements for a "non -community" water supply as defined in
the Colorado Primary Drinking Regulations (5 CCR 1003-1). Bottled water provided by
a commercial source shall be considered an adequate source.
10. The applicant shall remove, handle, and stockpile overburden, soil, sand, and gravel
from the facility area in a manner that will prevent nuisance conditions.
11. No overflow parking will be allowed on the County roads or rights -of -way adjacent to the
facility
971009
PL1077
DEVELOPMENT STANDARDS - LEAHY FAMILY FARM, LLC (USR #1142)
PAGE 2
12. Noxious weeds shall be controlled at all times on the site.
13. All identification signs located on the property shall adhere to Section 42 2 of the Weld
County Zoning Ordinance
14. The hours of operation for motorized vehicles shall be restricted to the following
A. April 1 through August 31 Open noon to dusk, Wednesday through Sunday,
closed Monday and Tuesday
B. September 1 through March 31: Open noon to 5 pm, Wednesday through
Saturday and the first Sunday of the month,
closed Monday and Tuesday
C. Special Events: Hours will be consistent with the regular hours Events will be
1 to 4 days in length.
Special events are motorcycle races in which there are more
than 100 entrants Any race with more than 100 entrants shall
require a temporary assemblage permit meeting only the
applicable provisions of Weld County Ordinance No. 85.
People will be hired for security, medical emergencies, gates,
and maintenance. There will be no more than one special
event per month.
15 Sale of used or new bicycles, motorcycles, and accessories shall be permitted during
normal operating hours.
16. No alcoholic beverages are allowed at the facility.
17. The vault systems shall be maintained in a sanitary manner to prevent nuisance
conditions, such as odor, flies, etc. The vault systems shall be pumped by a licensed
septic tank cleaner.
18. The property owner or operator shall be responsible for complying with the Design
Standards of Section 24 5 of the Weld County Zoning Ordinance.
19. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance.
20. Personnel from the Weld County Health Department and Weld County Department of
Planning Services 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 Development
Standards stated herein and all applicable Weld County regulations.
971009
PL1077
DEVELOPMENT STANDARDS - LEAHY FAMILY FARM, LLC (USR #1142)
PAGE 3
21. The Special Review area shall be limited to the plans shown herein and governed by the
foregoing standards and at applicable Weld County regulations Major 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 Planning Commission before such
changes from the plans or Development Standards are permitted. Any other changes
shall be filed in the office of the Department of Planring Services
22 No overnight camping shall be allowed.
23. No more than 20 motorcycles shall operate on any one track at any one time, with the
exception of a special event
971009
PL1077
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CERTIFIED MAIL° RECEIPT
Domestic Mail Only
For delivery information, visit our website at www.usps.com®.
Certified Mail Fee
Extra Services & Fees (check box, add fee as appropriate)
❑ Return Receipt (hardcopy) $
D Return Receipt (electronic) $
❑ Certified Mall Restricted Delivery $
0 Adult Signature Required $
❑ Adult Signature Restricted Delivery $
Postage
Total Postage and Fees
Postmark
Here
cl/Qq/19
Sent To cA+4r t Otrrr'1 a4-11
Street andApNo., or PD aox .
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PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions
• Complete items 1, 2, and 3.
• Print your name and address on the reverse
so that we can return the card to you.
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on the front if space permits.
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If YES, enter delivery address below: ❑ No
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PS Form 3811, July 2015 PSN 7530-02-000-9053
Domestic Return Receipt
BOARD OF COUNTY COMMISSIONERS
PHONE: (970) 336-7204
FAX: (970) 336-7233
1150 O STREET
P.O. BOX 758
GREELEY, COLORADO 80632
April 29, 2019
ATTN: ADAM GOROVE
ROCKY MOUNTAIN CIDER COMPANY
DBA WILD CIDER
11455 COUNTY ROAD 17
FIRESTONE, CO 80504
RE: DISSOLUTION OF CHAPTER 12, ARTICLE I, OF THE WELD COUNTY CODE -
TEMPORARY ASSEMBLY PERMITS
Dear Adam Gorove:
Pursuant to Weld County Code Ordinance 2019-03, in the matter of repealing and reenacting,
with amendments, Chapter 5 Revenue and Finance and Chapter 12 Licenses and Permits, which
was approved on third reading on April 29, 2019, Temporary Assembly Permits are no longer
required for events with 350 people or more in attendance. You are required to adhere to the rules
and regulations set forth in your Use by Special Review Permit, USR13-0019.
If you have questions or need additional information, please do not hesitate to contact me at
(970) 336-7204, Extension 4200, or the Weld County Attorney's Office at (970) 336-7235.
Very truly yours,
WELDOUNTY BOARD OF COMMISSIONERS
Barbara Kirkmeyer, Chair
cc: Weld County Attorney's Office
Weld County Clerk to the Board's Office
Weld County Department of Planning Services
Enclosures: USR13-O019
RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR13-0019, FOR A WINERY (CIDERY AND TASTING ROOM), BED AND
BREAKFAST FACILITY, AND A USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (EVENTS CENTER), 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 - MARK BIRKIN, C/O ADAM GOROVE
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 24th day
of July, 2013, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Mark Birkin, c/o Adam Gorove. 11455 County Road 17, Firestone,
Colorado 80504, for a Site Specific Development Plan and Use by Special Review Permit,
USR13-0019, for a Winery (cidery and tasting room), Bed and Breakfast Facility, and a use
permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (events center), 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:
Parcel B of Recorded Exemption, RE -41; being part
of the E1/2 SE1/4 of Section 5, Township 2 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present and represented by Adam
Gorove. and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall be approved for the following
reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. 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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likr
PL2231
SPECIAL REVIEW PERMIT (USR13-0019) - MARK BIRKIN, C/O ADAM GOROVE
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 22-2-20.A (A.Goal 1) states: "Respect and encourage the
continuation of agricultural land uses and agricultural operations
for purposes which enhance the economic health and
sustainability of agriculture."
a) (A. Policy 1.1) states: "Establish and maintain an
agricultural land use designation to promote the County's
agricultural industry and sustain viable agricultural
opportunities for the future."
b) (A. Policy 1.2) states: "Support the development of creative
policies for landowners to voluntarily conserve agricultural
land."
c) (A.Policy 1.4) states: "Recognize the changing dynamics of
agricultural land uses, their locations and the size and
scope of operations when developing land use
regulations."
d) (A.Policy 1.5) states: "Support and entice agriculturally
related businesses and processing facilities."
2) Section 22-2-20.B (A.Goal 2) states: "Continue the commitment to
viable agriculture in Weld County through mitigated protection of
established (and potentially expanding) agricultural uses from
other proposed uses that would hinder the operations of the
agricultural enterprises."
a) (A.Policy 2.2) states: "Allow commercial and industrial
uses, which are directly related to, or dependent upon,
agriculture, to locate within agricultural areas when the
impact to surrounding properties is minimal or mitigated
and where adequate services and infrastructure are
currently available or reasonably obtainable. These
commercial and industrial uses should be encouraged to
locate in areas that minimize the removal of agricultural
land from production."
b) (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
agn=tainment or agri-tourism uses."
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SPECIAL REVIEW PERMIT (USR13-0019) - MARK BIRKIN, CIO ADAM GOROVE
PAGE 3
3) Section 22-2-20.G (A.Goal 7) states: "County land use regulations
should protect the individual property owner's right to request a
land use change."
a) (A.Policy 7.1) states: "County land use regulations should
support commercial and industrial uses that are directly
related to, or dependent upon, agriculture, to located within
the agricultural areas, when the impact to surrounding
property will be minimal, or can be mitigated, and where
adequate services are currently available or reasonably
obtainable." The applicant is proposing an orchard and
cidery to make hard apple cider on -site. This includes the
planting of approximately 10 acres of orchard and utilizing
an existing 5,000 square -foot metal building to be used in
the processing and packaging of the cider. In addition, the
applicant is proposing seasonal cider tastings and a small
event venue from May to September. The proposed indoor
tasting, event rooms and bed and breakfast are
components of the applicant's long term goals for future
expansion and are dependent upon the success of the
cider production. The bed and breakfast will be an amenity
for event venues. The planting of an orchard supports the
continuation of agricultural uses on the property and
reintroduces the viability of a successful agricultural
enterprise. The cider tastings and event venue are a
natural extension of the orchard. The cidery promotes the
diversification of agriculture in the County and the need to
recognize the changing dynamic of agricultural operations
by transitioning from a livestock based processing facility
to a farming based processing facility. An economically
feasible conversion of the 5,000 square -foot goat milk
processing facility to a cider processing facility allows for
creative business opportunities while conserving prime
agricultural land. Seasonal events will be located to take
advantage of the views to the west, while minimizing
impacts to the neighbors, as well as the processing facility
operations, with a strategic location within the 10 -acre
orchard. The bed and breakfast expansion will encourage
development of an agriculturally related businesses in an
underdeveloped area where existing resources can, and
will, support a higher level of economic activity in the
future.
C. Section 23-2-230.8.3 -- The uses which will be permitted will be compatible with
the existing surrounding land uses. Directly north of, and adjacent to, the site is a
vacant 75 -acre parcel of cultivated agricultural land. To the west of that parcel, is
a 66 -acre parcel annexed to the Town of Firestone and shown as Mixed Use
Development on Firestone's Land Use Map. To the south and west are rural
2013-1857
PL2231
SPECIAL REVIEW PERMIT (USR13-0019) - MARK BIRKIN, C/O ADAM GOROVE
PAGE 4
residential properties zoned Agriculture. Directly east of, and adjacent to, the
property is approximately 270 acres annexed to the Town of Firestone, also
shown as Mixed Use Development. No phone calls or other correspondence
was received from surrounding property owners regarding the proposed
application.
D. Section 23-2-230.6.4 -- The uses which will be permitted will be compatible with
future development of the surrounding area, as permitted by the existing zoning,
and with the future development, as projected by Chapter 22 of the Weld County
Code and any other applicable code provisions or ordinances in effect, or the
adopted Master Plans of affected municipalities. The site is located within the
three (3) mile referral area of the Towns of Firestone, Mead and Frederick. The
Town of Firestone and the Town of Mead did not provide any referral comments;
however, the Town of Firestone has issued Street Access Permit No. 2013-01 for
the proposed cider production facility. In the referral comments, dated April 11,
2013, the Town of Frederick indicated no comments, as the property lies outside
of the town's planning area.
E. Section 23-2-230.6,5 -- The application complies with Chapter 23, Article V, of
the Weld County Code. T Building Permits issued on the lot 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 23-2-230.6.6 -- The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed use.
The site is designated as "Prime" by the USDA Soil Conservation Service. The
proposed use will not remove any additional agricultural land from production.
The agricultural activities on the property are an important part of the proposed
use.
G. Section 23-2-230.6.7 -- 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 Mark Birkin, c/o Adam Gorove, for a Site Specific
Development Plan and Use by Special Review Permit, USR13-0019, for a Winery (cidery and
tasting room), Bed and Breakfast Facility, and a use permitted as a Use by Right, Accessory
Use, or Use by Special Review in the Commercial or Industrial Zone Districts (events center),
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 plat:
2013-1857
PL2231
SPECIAL REVIEW PERMIT (USR13-0019) - MARK BIRKIN, C/O ADAM GOROVE
PAGE 5
A. The applicant shall attempt to address the requirements of the Mountain View
Fire Rescue, as stated in the referral response dated April 22, 2013. Written
evidence of such shall be submitted to the Weld County Department of Planning
Services. (condition met 7/3/13)
2. The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled USR13-0019.
B. The attached Development Standards.
The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code.
D. The future building expansion shall be labeled with proposed uses (food storage
areas, tasting room(s), event center room(s), etc.).
E. The location of accessory structures (bed and breakfast, dressing rooms, etc)
shall be identified and labeled on plat.
F. The applicant shall delineate the trash collection areas. Section 23-3-350.H of
the Weld County Code addresses the issue of trash collection areas. Areas used
for storage or trash collection shall be screened from adjacent properties and
public rights -of -way. These areas shall be designed and used in a manner that
will prevent trash from being scattered by wind or animals.
G. County Road (CR) 17 is designated on the Weld County Road Classification Plan
as a local road, which requires 60 feet of right-of-way at full buildout. The
applicant shall verify and delineate on the plat the existing right-of-way and the
documents creating the right-of-way. All setbacks shall be measured from the
edge of future right-of-way. If the right-of-way cannot be verified, it shall be
dedicated. This road is maintained by the Town of Firestone. Access Permit
Number 2013-01 has been issued by the Town of Firestone to access from
County Road 17.
H. The plat shall delineate the approved Lighting Plan.
I. The applicant shall delineate the location of any signage associated with the
facility (free standing or building mounted) per Chapter 23, Article IV, Division 2
Signs (also Appendix 23-C, D, E) of the Weld County Code. Additionally, one
vintage vehicle may be used as entry feature signage and shall meet all setback
and offset requirements.
3. Upon completion of Condition of Approval #1 and #2 above, the applicant shall submit
an electronic version (.pdf), or three (3) paper copies, of the plat to the Weld County
Department of Planning Services for preliminary approval. The plat shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County Code.
2013-1857
PL2231
SPECIAL REVIEW PERMIT (USR13-0019) - MARK BIRKIN, CIO ADAM GOROVE
PAGE 6
Upon approval of the plat, the applicant shall submit a Mylar plat, along with all other
documentation required as Conditions of Approval. The Mylar plat and additional
requirements shall be submitted within one hundred twenty (120) days from the date of
the Board of County Commissioners Resolution. The Mylar plat shall be recorded in the
office of the Weld County Clerk and Recorder by the Department of Planning Services.
The applicant shall be responsible for paying the recording fee.
4. 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.
5. The Department of Planning Services respectfully requests a digital copy of this Use by
Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf, and .dgn
(Microstation); acceptable GIS formats are ArcView shapefiles or ArcGIS Personal
GeoDataBase (MDB). The preferred format for Images is .tif (Group 4). (Group 6 is not
acceptable). This digital file may be sent to maps@co.weld.co.us.
6. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Grading Permit will be required
prior to the start of construction.
7. Prior to the Release of Building Permits.
A. The applicant shall submit a Change of Use Application for the 5,000 square -foot
processing building.
B. A septic permit(s) will be required for future building additions. The septic system
is required to be designed by a Colorado registered professional engineer,
according to the Weld County Individual Sewage Disposal Systems (I.S.D.S,)
Regulations. The septic shall be installed according to the Weld County I.S.D.S.
Regulations.
C. The applicant shall submit evidence of an Underground Injection Control (UIC)
Class V Injection Well Permit from the Environmental Protection Agency (EPA)
for any large -capacity septic system (a septic system with the capacity to serve
20 or more persons per day).
8. The Use by Special Review 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.
2013-1857
PL2231
SPECIAL REVIEW PERMIT (USR13-0019) - MARK BIRKIN, C/O ADAM GOROVE
PAGE 7
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 24th day of July, A.D., 2013.
BOARD O COUNTY COMMISSIONERS
WELD Y, COLORADO
ATTEST:
Weld County Cler
BY:
Deputy Clerk to the
APP
aunty Attorney
Date of signature: Zr
William F. Garcia Chair
Q_q 7i l44.„,
Dougla$ Radema her, Pro -Tern
EXCUSED
Sean P. Conway
" I C lit
Mike Freeman
cC1�vY'C�c _� �Cit�
arbara Kirkmeyer
2013-1857
PL2231
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MARK BIRKIN, CIO ADAM GOROVE
USR13-0019
1. A Site Specific Development Plan and Use by Special Review Permit, USR13-0019, is
for a Winery (cidery and tasting room), Bed and Breakfast Facility, and a use permitted
as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (events center), 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
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The number of on -site employees shall be limited to five (5) full-time employees and four
(4) part-time employees, and seasonal employees are allowed without limitation.
4. One (1) vintage type vehicle may be used as entry feature signage and shall meet all
setback and offset requirements.
5. The hours of operations for the cidery shall be limited to 7:00 a.m. to 8:00 p.m., Monday
through Saturday, except during harvest (September to November). Hours of operation
during harvest will be dawn to dusk. Outdoor cider tastings will be limited to 2:00 p.m. to
8:00 p.m., Monday through Saturday. Event venues will be limited to six (6) months and
shall be held between 10:00 a.m. to 10:00 p.m., Monday through Sunday.
6. In the event food is prepared and/or stored on the site, the applicant shall comply with
the Colorado Retail Food Establishment Regulations. The design plans for the food
service facility shall be submitted to the Consumer Protection Division of Weld County
Environmental Health Services for review and approval for licensing.
7. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a
manner that protects against surface and groundwater contamination.
8. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the
Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.
9. 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.
10. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
2013-1857
PL2231
DEVELOPMENT STANDARDS (USR13-0019) - MARK BIRKIN, C/O ADAM GOROVE
PAGE 2
11. Produce shalt be handled and stored at the facility in such a manner so that no nuisance
is created by odor, blowing of debris, fugitive dust, or spoiled produce on or around the
facility.
12. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The
facility shall be operated in accordance with the approved Dust Abatement Plan, at all
times.
13. This facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone District, as delineated in Section 14-9-30 of the Weld County Code.
14. Adequate drinking, hand washing and toilet facilities shall be provided for employees
and patrons of the facility, at all times.
15. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to I.S.D.S.
16. Portable toilets and hand washing units may be utilized for patrons during the seasonal
outdoor events (six (6) months or less). 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.
17. If applicable, the applicant shall obtain a Discharge Permit for the cidery processing
facility (Standard Industrial Classification 2085) from the Colorado Department of Public
Health and Environment, Water Quality Control Division.
18. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
19. The applicant shall comply with Colorado Retail Food Establishment Rules and
Regulations governing the regulation of food service establishments (6 CCR 1010-2),
20. All pesticides, fertilizer, and other potentially hazardous chemicals must be handled in a
safe manner in accordance with product labeling. All chemicals must be stored secure,
on an impervious surface, and in accordance with manufacturer's recommendations.
21. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
22. The historical flow patterns and runoff amounts will be maintained on the site.
23. Weld County will not maintain on -site drainage related areas or medians.
24. Should noxious weeds exist on the property, or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code,
2013-1857
PL2231
DEVELOPMENT STANDARDS (USR13-0019) - MARK BIRKIN, C/O ADAM GOROVE
PAGE 3
25. Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program,
26. Building Permits issued on the lot will be required to adhere to the fee structure of the
County Facility Fee and Drainage Impact Fee Programs.
27. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
28. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
29. 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.
30. 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.
31. 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.
32. 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 plat and recognized at all times.
2013-1857
PL2231
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0750 0000 7938
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1. Article Addressed to:
Go rove
RoeK,6 moonta;r Cider
dbo•. ( i id C:der
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Fires -to'-. Co 80609
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PS Form 3811, July 2015 PSN 7530-02-000-9053
Domestic Return Receipt
BOARD OF COUNTY COMMISSIONERS
PHONE: (970) 336-7204
FAX: (970) 336-7233
1150 O STREET
P,O. BOX 758
GREELEY, COLORADO 80632
April 29, 2019
ATTN: PATRICK CRAIG
THE WILD ANIMAL SANCTUARY
1946 COUNTY ROAD 53
KEENESBURG, CO 80643
RE: DISSOLUTION OF CHAPTER 12, ARTICLE I, OF THE WELD COUNTY CODE -
TEMPORARY ASSEMBLY PERMITS
Dear Patrick Craig:
Pursuant to Weld County Code Ordinance 2019-03, in the matter of repealing and reenacting,
with amendments, Chapter 5 Revenue and Finance and Chapter 12 Licenses and Permits, which
was approved on third reading on April 29, 2019, Temporary Assembly Permits are no longer
required for events with 350 people or more in attendance. You are required to adhere to the rules
and regulations set forth in your Amended Use by Special Review Permit, MUSR14-0016.
If you have questions or need additional information, please do not hesitate to contact me at
(970) 336-7204, Extension 4200, or the Weld County Attorney's Office at (970) 336-7235.
Very truly yours,
WELDOUNTY BOARD OF COMMISSIONERS
Barbara Kirkmeyer, Chair
cc: Weld County Attorney's Office
Weld County Clerk to the Board's Office
Weld County Department of Planning Services
Enclosures: MUSR14-0016
LAND USE APPLICATION
SUMMARY SHEET
CASE #:
APPLICANT:
REQUEST:
LEGAL:
MUSR14-0016
HEARING DATE: Director Approval
Rocky Mountain Wildlife Conservation Center - Wild Animal Sanctuary
Hi -Country Animal Rescue, LLC, c/o Marianna P Allgauer Trust
AN amendment to AmUSR-1253 for a Site Specific Development Plan and Use by Special
Review Permit, MUSR14-0016, for the keeping, raising or boarding of exotic animals; as an
agricultural service establishment primarily engaged in performing agricultural, animal husbandry
or horticultural services on a fee or contract basis, including veterinary clinics or hospitals, a
kennel, a welcome and visitor center, educational buildings, elevated walkways and viewing
platforms and as a recreational facility and uses including a guest farm and a restaurant having
more than 100 chairs. including the following additions to the current permit: a new welcome
center, a new event -conference center, a new gift shop, an ice cream parlor, educational centers,
and retail space within a 48,000 square foot domed structure, a new bed & breakfast building,
and a 250 space recreational vehicle parking/campground, and a 1000 vehicle parking area and
any use permitted as a use by right, an accessory use, or a use by special review in the
commercial or industrial 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 in the A (Agricultural) Zone District
Lot A and Lot B of RE -2344, Part N2NW4 of Section 28, T1 N, R64W; Lot A and Lot B of
Corrected AmRE-2541, Part S2SW4 of Section 28, T1 N, R64W; Lot A and Lot B of RE -4034,
Part E2SE4 of Section 20, T1N, R64W; N2SW4 Part N2 NW4, S2, NW4 S2 NE4, Lot D of RE -
4116 Part N2NW4 and Part N2NE4; Lots A, B and C of RE -4116 being Part of the N2 NE4 of
Section 21, Ti N R64W of the 6th P.M., Weld County, Colorado
LOCATION: South of County Road 8 Section Line, North and South of and adjacent to vacated County Road
6; West and East of and adjacent to County Road 53, East of and adjacent to Country Road 55
PARCEL ID #: 147528000011, 147528000012, 147521300023, 147521300024, 147521000005,
147520400020, 147520400021, 147521100001, 147521100002, 147521100003, 147521100004
147521200005, 147521100025. 147521200026, 147521000008
ACRES: 720+/ -
Narrative:
USR-1253 was approved by the Board of County Commissioners on March 15, 2000, for a Site Specific
Development Plan and Use by Special Review Permit for a wildlife sanctuary and kennel sited on 65 acres in the
A (Agricultural) Zone District;
AmUSR-1253 was approved by the Board of County Commissioners on November 17, 2010 for a Site Specific
Development Plan and Amended Use by Special Review Permit for the keeping, raising or boarding of exotic
ROCKY MOUNTAIN WILDLIFE CONSERVATION CENTER - WILD ANIMAL SANCTUARY
MUSR14-0O16-PAGE 1
animals; as an agricultural service establishments primarily engaged in performing agricultural, animal husbandry
or horticultural services on a fee or contract basis. including: veterinary clinics or hospitals, a kennel, and as a
recreational facility and uses including: guest farm, sited on 320 acres in the A (Agricultural) Zone District;
MUSR 12-0007 was administratively approved in 2012 to include a welcome and visitor center, educational
buildings. elevated walkways and viewing platforms, and any use permitted as a use by right, an accessory use,
or a use by special review in the Commercial or Industrial Zone Districts specifically including a restaurant having
more than 100 seats 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 sited on 720 acres in the A
(Agricultural) Zone District.
MUSR14-0017 under review here seeks to add a new welcome center, a new event -conference center, a new
100 -seat restaurant/cafeteria, a new gift shop, an ice cream parlor, educational centers, and retail space within a
48,000 square foot domed structure, a new bed & breakfast building, and a 250 space recreational vehicle
parking/campground, and a 1000 vehicle parking area 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 sited on 720 acres in the A (Agricultural) Zone District This application provides additional definition
to the previously approved conceptual site plan.
Mr. Craig has a signed stipulated agreement for the early release of building permit number BCR14-00909 for a
48.000 SF core and shell Clearspan fabric commercial building, the construction of interior restrooms and the
installation of an approved fire suppression system to be sited on the east side of County Road 53 located on
lands associated with Phase 1 of this development.
Due to drainage related concerns, and how storm water releases from developed areas are handled on
developing sites raised by both the Henrylyn Irrigation District and the Planning Services Engineering division, the
250 space recreational vehicle parking/campground component will be evaluated as part of Phase 2 of this
application.
The comments provided herein address Phase 1 and Phase 2 less the Site Drainage for the 250 space
recreational vehicle parking/campground (Lands located South of County Road 8 Section Line, North and South
of and adjacent to vacated County Road 6; East of and adjacent to County Road 53, East of and adjacent to
Country Road 55) program elements associated with the Minor Amendment to the Wild Animal Sanctuary
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code.
The Department of Planning Services' staff has received responses from the following agencies with comment.
Weld County Department of Public Health and Environment, referral dated November 6, 2014
State of Colorado, Division of Water Resources referral dated November 10, 2014
Weld County Department of Public Works - Access, referral dated November 18, 2014
Weld County Department of Building Inspection, referral dated November 21 2014
Weld County Planning Services — Engineering, referral dated November 25, 2014
Henry Lyn Irrigation District, referral dated November 25. 2014
Anadarko Petroleum Corporation referral dated December 2, 2014
Town of Hudson Planning Commission, referral dated December 10. 2014
Town of Keenesburg, referral dated January 22, 2015
ROCKY MOUNTAIN WILDLIFE CONSERVATION CENTER - WILD ANIMAL SANCTUARY
MUSR 14 -O016 -PAGE 2
The Department of Planning Services' staff has received responses from the following agencies without comment
Weld County Zoning Compliance, referral dated October 28, 2014
Weld County Extension, referral dated November 25, 2014
The Department of Planning Services' staff has not received responses from the following agencies'
Adams County Planning
Weld County Sheriffs Office
Hudson Fire Protection District
Weld County Ambulance Services
Southeast Weld Fire Protection District
State of Colorado, Department of Health
State of Colorado, Division of Parks and Wildlife
Weld County Department of Public Works -Traffic
State of Colorado, Department of Labor and Employment
USDA -APHIS (USDA -Animal & Plant Health Inspection Service)
THE DEPARTMENT OF PLANNING SERVICES' DIRECTOR APPROVES THIS APPLICATION FOR THE
FOLLOWING REASONS:
The proposed change(s) will be compatible with existing and allowed uses in the surrounding area and
will be in harmony with the existing land use permit. The Department of Planning Services required this
amendment to address the current condition and anticipated future expansion specific to the veterinary
clinics or hospitals, a kennel, a welcome and visitor center, educational buildings, elevated walkways and
viewing platforms and as a recreational facility and uses including: guest farm, a new welcome center, a
new event -conference center, a new 100 -seat restaurant/cafeteria, a new gift shop, an ice cream parlor,
educational centers, and retail space within a 48,000 square foot domed structure. a new bed & breakfast
building, and a 250 space recreational vehicle parking/campground, and a 1000 vehicle parking area and
any use permitted as a use by right, an accessory use, or a use by special review in the commercial or
industrial 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. The
addition of these components will not increase traffic beyond the traffic limits approved under AmUSR-
1253, with the exception of increasing the total land acreage, the number of parking spaces.
The existing facility and the proposed second amendment to this facility performs a variety of functions
and has multiple activities including those allowed in Section 23-3-40.B.4 for an Agricultural Service
establishments primarily engaged in performing agricultural, animal husbandry or horticultural services on
a fee or contract basis, including: Veterinary clinics or hospitals; Section 23-3-40.J Keeping, raising or
boarding of exotic animals; Section 23-3-40.H kennels and Section 23-3-40.C.5 Recreational facilities and
uses including: Guest farms and Section 23-3.40.S and Section 23-3-320.B.3, and any use permitted as
a use by right, an accessory use, or a use by special review in the commercial or industrial zone districts,
specifically a restaurant having more than 100 seats in the A (Agricultural) zone district.
As greater detail is provided on the components associated with the program elements associated with
the Wild Animal Sanctuary several development standards have been added or modified to reflect these
details. Also, there are instances of new conditions of approval prior to recording the map that are
required as a result of these additions.
The proposed change(s) is consistent with the County Comprehensive Plan pursuant to Chapter 22 of the
Weld County Code.
Section 22-2-20 A. Goal 1 states, "Respect and encourage the continuation of agricultural land uses and
ROCKY MOUNTAIN WILDLIFE CONSERVATION CENTER - WILD ANIMAL SANCTUARY
MUSR 1 4-001 6 - PAGE 3
agricultural operations for purposes which enhance the economic health and sustainability of agriculture,
specifically A. Policy 1.2. Support the development of creative policies for landowners to voluntarily
conserve agricultural land." The existing 720 acre facility and land use is primarily an agricultural based
entity that focuses on preserving open space, habitat, grasslands, and providing environmental amenities
and enrichment for the animals on premises. The facility is compatible with dry -land crop farming and
CRP uses found in the area.
Section 22-2-20.I. A.Goal 9 "Reduce potential conflicts between varying land uses in the conversion of
traditional agricultural lands to other land uses." The large tracts of land under the control of the Wildlife
Sanctuary provides for a natural buffer between adjacent properties and uses. The sanctuary is primarily
developed as open grassland habitats with primary and secondary fencing. This fencing and tract layout
may also be used for livestock or other approved land use operations, in the future if warranted.
Section 22-3-70. TR.Goal 1 states "Recognize the importance of cultural and heritage tourism and
recreation to local, regional and agricultural economies, including events and sites such as wildlife
sanctuary's, et cetera. Encourage the provision of adequate support services and facilities necessary for
the continuation and expansion of these activities, consistent with other goals and policies of the
Comprehensive Plan." The purpose of the facility is to rescue animals that come in from a referral from
regulatory and/or law enforcement agencies due to official confiscation or court order. The rescued
animals are brought to the sanctuary, for rehabilitation and long term care. The goal of the sanctuary is to
change social consciousness so that people learn to understand that captive large carnivores do not
make good pets, they are not entertainment, and their skins and body parts are not for sale or
consumption. This is achieved through education of visitors to the sanctuary. The Education Center at
the sanctuary provides detailed information on the rescue and care of exotic animals, posters and videos
about animals, their habitats, shelter, their food preferences, et cetera.
2 The proposed change(s) will not result in a substantial adverse impact on the other property in the vicinity
of the subject property. Property owners within 500 -feet were notified of the requested amendment. The
Department of Planning Services received a telephone call from two surrounding property owners
concerning composting activities occurring west of County Road 33, and the construction of the large tent
structure located east of County Road 53. Staff also received inquiries from representatives for Kinder -
Morgan and Phillips 66 Petroleum who hold concerns on their ability to access their easements for
maintenance Aside from these comments received, staff did not receive any comments, electronic mail
or telephone calls from surrounding property owners.
3 The recommendations of the referral agencies have been considered.
The attached development standards and conditions of approval address the requirements of the referral
agencies.
4 Not deemed to be a major change
In a Pre -Application meeting on January 10, 2014, staff determined the proposed modifications are not a
major change to MUSR12-0007
5 Must be consistent with the original development standards.
The proposed modification to allow for the keeping, raising or boarding of exotic animals; as an
agricultural service establishment primarily engaged in performing agricultural, animal husbandry or
horticultural services on a fee or contract basis, including veterinary clinics or hospitals, a kennel, a
welcome and visitor center, educational buildings, elevated walkways and viewing platforms and as a
recreational facility and uses including a guest farm and a restaurant having more than 100 chairs,
ROCKY MOUNTAIN WILDLIFE CONSERVATION CENTER - WILD ANIMAL SANCTUARY
MUSK 1 4-001 6- PAGE 4
including the following additions to the current permit: a new welcome center, a new event -conference
center, a new gift shop, an ice cream parlor, educational centers, and retail space within a 48,000 square
foot domed structure, a new bed 8 breakfast building, and a 250 space recreational vehicle
parking/campground, and a 1000 vehicle parking area and any use permitted as a use by right, an
accessory use, or a use by special review in the commercial or industrial 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 in the A (Agricultural) Zone District fits into the overall
theme of and is consistent with MUSR12-0007.
The modifications to Development Standards are due to refined definition of the program elements
associated with the public venues, internal pedestrian circulation; drainage related issues: annual
reporting for the recycling operation as required by Colorado State Statutes Numbers of employees and
volunteers increasing from 25 persons to 75 persons on average per day; the addition of public venues,
e.g , the new welcome center, a new 100 -seat restaurant/cafeteria, a new gift shop, an ice cream parlor,
educational centers, and retail space the events center, the RV parking/campground, and a 1000 vehicle
parking area, the conversion of office space to a bed and breakfast, and probable increases in traffic
numbers thereby requiring additional points of ingress and egress to the facility. No other changes are
proposed under this minor amendment application.
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.
Prior to Recording the map
A. The applicant shall submit written evidence of a Surface Use Agreement (SUA) or a
Memorandum of Understanding (MOU) for the mineral interests for oil and gas interests held by
Anadarko Petroleum Corporation and/ or are owned by Foundation Energy Management, LLC;
and the Coal and Hard Rock Mineral Interests owned by Anadarko Land Corporation.
Alternatively, the applicant shall provide written evidence that an attempt has been made to
obtain a Surface Use Agreement with the oil and gas operator on the property. (Department of
Planning Services, Anadarko Petroleum Company)
B. The applicant shall submit written evidence of a Surface Use Agreement (SUA) or a
Memorandum of Understanding (MOU) for the Kinder -Morgan pipeline easement and the
company's ability to access this easement for inspection, maintenance and repair/ construction.
Alternatively, the applicant shall provide written evidence that an attempt has been made to
obtain a Surface Use Agreement with Kinder -Morgan on the property (Department of Planning
Services)
C. The applicant shall submit written evidence of a Surface Use Agreement (SUA) or a
Memorandum of Understanding (MOU) for the Phillips 66 Petroleum pipeline easement and the
company's ability to access this easement for inspection, maintenance and repair/ construction.
Alternatively, the applicant shall provide written evidence that an attempt has been made to
obtain a Surface Use Agreement with Phillips 66 Petroleum on the property (Department of
Planning Services)
In the event the facility's water system serves more 25 persons on a daily basis or serves a food
establishment, the water system shall comply with the Colorado Primary Drinking Water
Regulations (5 CCR 1003-1). Evidence shall be provided to the Weld County Department of
Public Health and Environment that the system complies with the Regulations. (Department of
Environmental Health)
ROCKY MOUNTAIN WILDLIFE CONSERVATION CENTER • WILD ANIMAL SANCTUARY
MUSR 14.001 6 - PAGE 5
The applicant shall submit a waste handling plan, for approval, to the Environmental Health
Services Division of the Weld County Department of Public Health & Environment The plan shall
include at a minimum, the following
1 A list of wastes which are expected to be generated on site (this should include expected
volumes and types of waste generated).
2 A list of the type and volume of chemicals expected to be stored on site.
3 The waste handler and facility where the waste will be disposed (including the facility
name, address, and phone number). (Department of Environmental Health)
F An Improvements and Road Maintenance Agreement is required for off -site improvements. Road
maintenance including damage repair and triggers for improvements will be included.
(Department of Planning Services — Engineer)
G. The applicant shall attempt to address the concerns of the Town of Keenesburg as stated in
referrals dated January 22, 2015. (Town of Keenesburg)
H. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled MUSR14-0016 (Department of Planning Services)
2 The attached Development Standards (Department of Planning Services)
3 The map shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
4. County Road 53 is designated on the Weld County Road Classification Plan as a paved
local road, which requires 60 feet of right-of-way at full build out. The applicant shall verify
the existing right-of-way and the documents creating the right-of-way and this information
shall be noted on the plat. All setbacks shall be measured from the edge of future right-
of-way. This road is maintained by Weld County. (Department of Planning Services -
Engineer)
6 The County Road 8 Section Line has 30 feet of unmaintained County line right-of-way.
The applicant shall verify the existing right-of-way and the documents creating the right-
of-way and this information shall be noted on the map All setbacks shall be measured
from the edge of right-of-way. (Department of Planning Services - Engineer)
7 The applicant shall address the fencing encroachments on County Road 8 Section Line
and should request relief from the Board of County Commissioners via an application to
vacate the County Road right-of-way between County Road 53 and County Road 55
(Department of Planning Services - Engineer)
8 Show the approved accesses on the map and label with the approved access permit
numbers (will be provided). (Department of Planning Services - Engineer)
9 Identify the general flow of traffic and circulation on the sites (Department of Planning
Services - Engineer)
10. Identify the drainage flow arrows showing how the stormwater flows across the property.
(Department of Planning Services - Engineer)
ROCKY MOUNTAIN WILDLIFE CONSERVATION CENTER - WILD ANIMAL SANCTUARY
MUSR 14-0016 - PAGE 6
11
Show and label standard tracking control onto publically maintained roadways on the
map. Alternatives such as recycled asphaltic cement, or gravel may be considered with
lighter traffic impact projects. (Department of Planning Services - Engineer)
12. The applicant shall label the accepted water quality features on the plat as "Water Quality
Feature. No Build/Storage Area", and label the required volumes. (Department of
Planning Services - Engineer)
13 All on -site lighting must be delineated on the map. (Department of Planning Services)
14. All signs shall adhere to Article IV Division 4, of the Weld County Code. (Department of
Planning Services)
15. Please accurately delineate all recorded easements by Reception number, and or, Book
and Page on the MUSR14-0016 map. (Department of Planning Services)
16. Please accurately delineate and label all pedestrian elevated walkway structures, all
buildings, all drainage or water quality features, the location of the Henrylyn Canal, all
fences and enclosures, all gates. all signs, all parking areas, including non -ambulatory
parking spaces -- both with public access and parking for the operation of the facility, all
loading areas, all storage areas in an overall site plan of the facility. (Department of
Planning Services)
17 Please accurately delineate key components, such as non -ambulatory access routes,
emergency exits, stairwells off of the overhead walkway, maintenance, feeding and
staging areas for the animals, and similar program elements of the facility that may
require additional detail to describe how the program element works in relation to the
overall site plan for the property (Department of Planning Services)
18. Add the following signature block.
This minor amendment map is accepted and approved by the Department of Planning
Services for filing.
State of Colorado
) ss.
County of Weld
Director, Department of Planning Services
The foregoing certification was acknowledged before me this day of
, 2015.
My commission expires
Witness my hand and Seal.
Notary Public
19 Add the following signature block•
PROPERTY OWNER'S CERTIFICATION
ROCKY MOUNTAIN WILDLIFE CONSERVATION CENTER - WILD ANIMAL SANCTUARY
MUSR14-0016-PAGE 7
The undersigned major property owner(s) do hereby agree to the Minor Amendment of
the Site Specific Development Plan and Use by Special Review Standards as described
hereon this day of , 2015
Pat Craig for Wild Animal Sanctuary Hi -Country Animal Rescue LLC
2. Prior to construction
A A building and electrical permit will be required. per Section 29-3-10 of the Weld County Code, for
any new structures, additions. renovation or change of use for any structures. A building permit
application must be completed and two complete sets of engineered plans submitted for review.
(Department of Building Inspection)
B 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: 2012
International Building Code; 2012 International Mechanical Code; 2012 International Plumbing
Code:; 2012 International Fuel Gas Code; 2006 International Energy Code; 2011 National
Electrical Code; 2009 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code.
(Department of Building Inspection)
C. A Fire District Notification letter shall be submitted to the Fire District with jurisdiction for review
and comments and submitted with Commercial Permit application to Weld County (Department
of Building Inspection)
3 Prior to the issuance of the Certificate of Occupancy or Operation:
A. An onsite wastewater treatment system (OWTS) is required for the proposed facility and shall be
installed according to the Weld County OWTS Regulations. The septic system is required to be
designed by a Colorado Registered Professional Engineer according to the Weld County OWTS
Regulations. (Department of Public Health & Environment)
B The applicant shall submit evidence of an Underground Injection Control (UIC) Class V Injection
Well permit from the Environmental Protection Agency (EPA) for any large -capacity septic system
(a septic system with the capacity to serve 20 or more persons per day). Alternately, the
applicant can provide evidence from the EPA that they are not subject to the EPA Class V
requirements. (Department of Public Health & Environment)
C Construction of the approved access and/or tracking control improvement is required.
(Department of Planning Services — Engineering)
4 Upon completion of 1 above the applicant shall submit two (2) paper copies of the map for preliminary
approval to the Weld County Department of Planning Services Upon approval of the paper copies 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 Department of
Planning Services' Staff. The map shall be prepared in accordance with the requirements of Section 23-
2-260.D of the Weld County Code. The Mylar map shall be submitted within sixty (60) days from the date
of approval by the Department of Planning Services Director. The applicant shall be responsible for
paying the recording fee. (Department of Planning Services)
5. In accordance with Weld County Code Ordinance 2006-7 approved June 1, 2006, should the map not be
recorded within the required one hundred twenty (120) days of the Department of Planning Services
ROCKY MOUNTAIN WILDLIFE CONSERVATION CENTER - WILD ANIMAL SANCTUARY
MUSR 1 4-00 1 6- PAGE B
Administrative approval a $50.00 recording continuance charge shall added for each additional 3 month
period. (Department of Planning Services)
6 The Department of Planning Services respectively requests the surveyor provide a digital copy of this Use
by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS
formats are ArcView shapefiles, Arclnfo Coverages and ArcInfo Export files format type is .e00. The
preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to
mapsco.weld.co.us. (Department of Planning Services)
7 The Special Review activity related to the water treatment and recycling facility shall not occur nor shall
any building or electrical permits related to the water recycling and treatment facility be finaled on the
property until the Minor Amendment Special Review map is ready to be recorded in the office of the Weld
County Clerk and Recorder. (Department of Planning Services)
By Date February 6, 2015
Tom Parka Jr. i Planning Director
ROCKY MOUNTAIN WILDLIFE CONSERVATION CENTER - WILD ANIMAL SANCTUARY
MUSR14-0016 - PAGE 9
SITE SPECIFIC DEVELOPMENT PLAN
AMENDED SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Rocky Mountain Wildlife Conservation Center
dba The Wild Animal Sanctuary
Hi -Country Animal Rescue, LLC
MUSR14.0016
1. An amendment to AmUSR-1253 for a Site Specific Development Plan and Use by Special Review Permit,
MUSR14-0016, for the keeping, raising or boarding of exotic animals; as an agricultural service
establishment primarily engaged in performing agricultural, animal husbandry or horticultural services on
a fee or contract basis, including veterinary clinics or hospitals, a kennel, a welcome and visitor center,
educational buildings, elevated walkways and viewing platforms and as a recreational facility and uses
including a guest farm and a restaurant having more than 100 chairs, including the following additions to
the current permit: a new welcome center, a new event -conference center, a new gift shop, an ice cream
parlor, educational centers, and retail space within a 48,000 square foot domed structure, a new bed &
breakfast building, and a 250 space recreational vehicle parking/campground, and a 1000 vehicle parking
area and any use permitted as a use by right, an accessory use, or a use by special review in the
commercial or industrial 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 in the A (Agricultural) Zone District, and subject to the Development Standards stated
hereon. (Department of Planning Services)
2 Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code (Department of Planning Services)
3 The facility is limited to 75 staff and volunteers on a daily basis. (Department of Planning Services)
4 The Wild Animal Sanctuary is open for public visitation of the grounds and facilities during daylight hours
daily. (Department of Planning Services)
5 The Wild Animal Sanctuary is open for Special Events outside of normal business hours for corporations,
companies and private entities with an approved Board of County Commissioners Assembly Permit.
(Department of Planning Services)
6. Animal and feed wastes, bedding, debris and other organic wastes shall be disposed of so that vermin
infestation, odors, disease hazards, and nuisances are minimized. Such wastes shall be removed at
least weekly from the facility and disposed by a commercial hauler. (Department of Public Health &
Environment)
7 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 & Environment)
8 No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and
Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health & Environment)
9. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive
particulate emissions, blowing debris, and other potential nuisance conditions. (Department of Public
Health & Environment)
ROCKY MOUNTAIN WILDLIFE CONSERVATION CENTER - WILD ANIMAL SANCTUARY
MUSR 1 4-O0 16 - PAGE 10
10. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
(Department of Public Health & Environment)
11 Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved "dust abatement plan", at all times. (Department of Public
Health & Environment)
12. This facility shall adhere to the maximum permissible noise levels allowed in the non -specified Zone as
delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health & Environment)
13. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the
facility, at all times. (Department of Public Health & Environment)
14 Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to Onsite Wastewater Treatment Systems (Department of Public Health & Environment)
15 In the event daily uses of the facility exceed the number of people for whom the septic systems are
designed, the facility may supplement the onsite septic systems with portable toilet units for temporary
events. The Stanford Event and Labor Services portable toilet chart shall be adhered to as a minimum
guideline. (Department of Public Health & Environment)
16. In the event the facility's water system serves more 25 persons on a daily basis or serves a food
establishment, the water system shall comply with the Colorado Primary Drinking Water Regulations (5
CCR 1003-1). Evidence shall be provided to the Weld County Department of Public Health and
Environment that the system complies with the Regulations. (Department of Public Health & Environment)
17 The operation shall maintain all applicable and valid permits from the US Department of Agriculture and
the Division of Wildlife. (Department of Public Health & Environment)
18 The applicant shall comply with Colorado Retail Food Establishment Rules and Regulations governing
the regulation of food service establishments (Department of Public Health & Environment)
19 The operation shall comply with all applicable rules and regulations of State and Federal agencies and
the Weld County Code. (Department of Public Health & Environment)
20. Should noxious weeds exist on the property, or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to
Chapter 15, Articles I and II, of the Weld County Code. (Department of Planning Services — Engineer)
21 The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning
Services — Engineer)
22 Weld County is not responsible for the maintenance of onsite drainage related features (Department of
Planning Services — Engineer)
23 There shall be no parking or staging of vehicles on County roads. On -site parking shall be utilized.
(Department of Planning Services — Engineer)
24. Before site grading or improvements to the recreational vehicle parking/campground, a Drainage Report
stamped and signed by a Professional Engineer registered in the State of Colorado is required and shall
be submitted to the Department of Planning Services - Engineer. A certificate of compliance is required
with the report. (Department of Planning Services — Engineer)
ROCKY MOUNTAIN WILDLIFE CONSERVATION CENTER WILD ANIMAL SANCTUARY
MUSR 1 4-0016 - PAGE 11
25 Recreational camping will be allowed for up to thirty (30) consecutive days. (Department of Planning
Services)
26 The approved access(es) shall be graded and drained to provide all weather access to the facility.
(Department of Planning Services)
27. Any lighting, including light from high temperature processes such as welding or combustion, shall be
designed, located and operated in such as manner as to meet the following standards: sources of light
shall be shielded so that beams or rays of light will not shine directly onto adjacent properties; 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, and no colored lights may be used which may be confused with or construed
as traffic control devices (Department of Planning Services)
28. Building permits shall be obtained prior to starting construction. A building and electrical permit will be
required, per Section 29-3-10 of the Weld County Code, for any new structures, additions, renovation or
change of use for any structures. A building permit application must be completed and two complete sets
of engineered plans submitted for review. (Department of Building Inspection)
29 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 2012 International Building
Code; 2012 International Mechanical Code; 2012 International Plumbing Code; 2012 International Fuel
Gas Code, 2006 International Energy Code; 2011 National Electrical Code; 2009 ANSI 117.1
Accessibility Code and Chapter 29 of the Weld County Code. (Department of Building Inspection)
30. All building plans shall be submitted to the Hudson-Keenesburg Fire Protection District for review and
approval prior to issue of building permits (Department of Building Inspection)
31 Building Permits issued will be required to adhere to the fee structure of the County -wide Road Impact
Program. (Department of Planning Services)
32. Building Permits issued will be required to adhere to the fee structure of the County Facility Fee and
Drainage Impact Fee Programs. (Department of Planning Services)
33. The landscaping on site shall be maintained in accordance with the approved Landscape and Screening
Plan. (Department of Planning Services)
34 The property owner or operator shall be responsible for complying with the Design Standards of Section
23-2-240, Weld County Code.
35. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code
36. 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. (Department of Planning Services)
37 The 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.
ROCKY MOUNTAIN WILDLIFE CONSERVATION CENTER - WILD ANIMAL SANCTUARY
MUSR 1 4-00 1 6 -- PAGE 12
38 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
39 WELD COUNTY'S RIGHT TO FARM Weld County is one of the most productive agricultural counties
in the United States, typically ranking in the top ten counties in the country in total market value of
agricultural products sold. The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture. Persons moving into a rural area must recognize and accept there are
drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than
in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural
areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere
and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld
County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities
will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on
rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement,
silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities;
shooting sports, legal hazing of nuisance wildlife, and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying. It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County. Section 35-3.5-102, C R.S , provides that an agricultural operation shall not
be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and
County roads outside of municipalities. The sheer magnitude of the area to be served stretches available
resources. Law enforcement is based on responses to complaints more than on patrols of the County,
and the distances which must be traveled may delay all emergency responses, including law
enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their
lobs 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, sand burs, 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.
ROCKY MOUNTAIN WILDLIFE CONSERVATION CENTER - WILD ANIMAL SANCTUARY
MUSR14-0016-PAGE 13
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