HomeMy WebLinkAbout20193704.tiffCORRECTED RESOLUTION
(Corrected to delete former COA #1.F.13 [drainage features])
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR19-0033, FOR A USE SIMILAR TO USES ALLOWED BY SPECIAL
REVIEW AS LONG AS THE USE COMPLIES WITH THE GENERAL INTENT OF THE
A (AGRICULTURAL) ZONE DISTRICT (EVENT CENTER) IN THE A (AGRICULTURAL)
ZONE DISTRICT - VAUGHN CITO
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
August, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Vaughn Cito, 5194 County Road 50, Johnstown, Colorado 80534, for a Site
Specific Development Plan and Use by Special Review Permit, USR19-0033, for a Use similar to
Uses allowed by Special Review as long as the Use complies with the general intent of the
A (Agricultural) Zone District (event center) in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
Subdivision Exemption, SE -1024; being part of the
NW1/4 of Section 1, Township 4 North, Range 68
West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was present, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. 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:
A. Section 23-2-230.6.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20.F.2 (A.Policy 6.2) states: "Support opportunities,
such as but not limited to hobby farming and home businesses, to
supplement family income and reduce living expenses for farm
families and others who prefer a rural lifestyle."The applicant lives
onsite and desires to use the barn as an event facility to supplement
family income.
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2) Section 22-2-20.G.1 (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." The agricultural
nature of the barn is what attracts people to request to use it as a
gathering place. The applicant has proposed screening and a berm
that will mitigate impacts to neighbors. The site plan includes
reasonably adequate parking for events. The proposed use is in an
area that can support this development and the existing and
proposed screening, the Conditions of Approval, and the
Development Standards will assist in mitigating the impacts of the
facility on the adjacent properties and ensure compatibility with
surrounding land uses and the region.
B. Section 23-2-230.6.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-10 states, in part: "...The A (Agricultural) Zone District
is intended to provide areas for the conduct of agricultural activities
and activities related to agriculture..." The agricultural nature of the
barn is what attracts people to request to use it as a gathering place.
The barn will remain an operational agricultural accessory structure
with or without event hosting.
2) Section 23-3-40.W allows USES similar to the USES listed above
as Uses by Special Review as long as the USE complies with the
general intent of the A (Agricultural) Zone District. At the time of
application, Event Facility had not been yet added to the zoning
code, so it was considered similar to a guest farm (Section 23-3-
40.C.5). Under the current code, an event facility such as this may
be permitted as a Use by Special Review under Section 23-3-40.L
Event Facility not agriculture -related.
C. Section 23-2-230.6.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent lands consist of
agricultural production and rural residences. The closest residence is
approximately 380 feet north of the barn across County Road 50. The land
around the site has been annexed into the Town of Johnstown. There are
two (2) Use by Special Review permits within one mile of the site: SUP -60
for a dairy and USR-1107 for a vehicle sales and repair facility. The Weld
County Department of Planning Services sent notice to one (1) surrounding
property owner located in Weld County and two (2) located in Larimer
County. Planning staff received no correspondence.
D. Section 23-2-230.B.4 -- The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
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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 Town of Johnstown. The Town did not return a referral response;
however, the Johnstown Area Comprehensive Plan denotes this area as
Low Density Residential and County Road 50 is noted to be an arterial.
E. Section 23-2-230.6.5 -- The application complies with Chapter 23, Articles
V and XI, of the Weld County Code. The property is not within the Geologic
Hazard Overlay District, a Special Flood Hazard Area, MS4 or the Airport
Overlay District. Building Permits issued on the lot will be required to
adhere to the fee structure of the County -Wide Road Impact Fee, County
Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-230.6.6 -- The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The proposed facility is located on approximately three (3) acres
designated as "Prime (Irrigated)" soils, per the 1979 Soil Conservation
Service Important Farmlands of Weld County Map; however, the property
is outside of the reach of the irrigation pivot and will not remove any prime
irrigated land from agricultural production.
G. Section 23-2-230.6.7 — There is adequate provisions for the protection of
the health, safety, and welfare of the inhabitants of the neighborhood and
County. The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards (Section 23-2-250, Weld County Code), Conditions of
Approval and Development Standards can ensure that there are adequate
provisions for the protection of 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 Vaughn Cito, for a Site Specific Development Plan and
Use by Special Review Permit, USR19-0033, for a Use similar to Uses allowed by Special Review
as long as the Use complies with the general intent of the A (Agricultural) Zone District (event
center) in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby
is, granted subject to the following conditions:
1. Prior to recording the map:
A. As the existing On -site Wastewater Treatment System (OWTS) for the barn
(SP -1800125) will be utilized for business use, the OWTS shall be reviewed
by a Colorado registered professional engineer to determine sizing
limitations. The review shall consist of observation of the system and a
technical review describing the system's ability to handle the proposed use.
The review shall be submitted to the Environmental Health Services
Division of the Weld County Department of Public Health and Environment.
In the event the system is found to be inadequately sized for the proposed
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use, the system shall be brought into compliance with current OWTS
regulations.
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR19-0033.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall delineate on the map the trash collection areas.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
5) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code.
6) The map shall delineate the parking area for the emergency
responders, vendors, customers and/or employees.
7) County Road 50 is a gravel 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
and label on the site map or plat the future and existing right-of-way
(along with the documents creating the existing right-of-way) and
the physical location of the road. All setbacks shall be measured
from the edge of right-of-way. This road is maintained by Weld
County.
8) This portion of County Road 50 will be annexed by the Town of
Johnstown. Please contact the municipality to verify the right-of-
way. Show and label the right-of-way. Show the approved
access(es) on the site plan and label with the approved access
permit number, if applicable.
9) The applicant shall show and label the drainage flow arrows.
10) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one
(1) paper copy or one (1) electronic copy (.pdf) of the map for preliminary approval
to the Weld County Department of Planning Services. Upon approval of the map
the applicant shall submit a Mylar map along with all other documentation required
as Conditions of Approval. The Mylar map shall be recorded in the office of the
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Weld County Clerk and Recorder by the Department of Planning Services. The
map shall be prepared in accordance with the requirements of Section 23-2-260.D
of the Weld County Code. The Mylar map and additional requirements shall be
submitted within one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution. The applicant shall be responsible for paying
the recording fee.
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the map not be recorded within the required one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution, a
$50.00 recording continuance charge shall be added for each additional three (3)
month period.
4. Prior to Operation:
A. The building is primarily used for agricultural purposes, but portions of the
building will need to meet building and electrical codes without a change of
use permit. The structure will need to comply with accessibility
requirements.
5. The Use by Special Review is not perfected until the Conditions of Approval are
completed and the map is recorded. Activity shall not occur, nor shall any building
or electrical permits be issued on the property, until the Use by Special Review
map is ready to be recorded in the office of the Weld County Clerk and Recorder
or the applicant has been approved for an early release agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 21st day of August, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WEED COUNTY, COLQRADO
ATTEST: die/4A) W jelto;e1
Weld County Clerk to the Board
Y
Date of signature: 1O/1 0/1q
Barbara Kirkmeyer, Qhair
Th..1?-3.„....,„______
. Mike Freeman, Pro-Tem
Sea P. Conway
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
VAUGHN CITO
USR19-0033
1. A Site Specific Development Plan and Use by Special Review Permit, USR19-0033, is for
a Use similar to Uses allowed by Special Review as long as the Use complies with the
general intent of the A (Agricultural) Zone District (event center) in the A (Agricultural)
Zone District, subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The maximum number of guests shall be up to one hundred (100) per event.
4. The parking area on the site shall be maintained.
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 property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Article I and II, of the Weld County Code.
7. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
8. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
9. 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.
10. The historical flow patterns and runoff amounts on the site will be maintained.
11. Weld County is not responsible for the maintenance of on -site drainage related features.
12. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, C.R.S. §30-20-100.5, as amended) shall be stored and removed for final disposal in
a manner that protects against surface and groundwater contamination.
13. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the Solid
Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5.
14. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions. The applicant shall operate in accordance with Chapter 14, Article I, of the
Weld County Code.
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15. Fugitive dust shall attempt to be confined on the property. Uses on the property should
comply with the Colorado Air Quality Commission's air quality regulations.
16. Adequate drinking, hand washing, and toilet facilities shall be provided for employees and
patrons of the facility, at all times. A permanent, adequate water supply shall be provided
for drinking and sanitary purposes.
17. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to On -site Wastewater Treatment Systems.
18. Any large -capacity septic system (a septic system with the capacity to serve 20 or more
persons per day) shall comply with the Underground Injection Control (UIC) Class V
Injection Well requirements of the Environmental Protection Agency (EPA).
19. In the event the septic system requires a design capacity of 2,000 gallons or more of
sewage per day, the applicants shall adhere to the requirements of the Colorado
Department of Public Health and Environment, Water Quality Control Division's (WQCD)
Regulations.
20. The applicant shall comply with Colorado Retail Food Establishment Rules and
Regulations governing the regulation of food service establishments.
21. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
22. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties. Sources of light should not cause a nuisance or interfere with the use on the
adjacent properties in accordance with the map. 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.
23. Building permits may be required, for any new construction or set up manufactured
structure, per Section 29-3-10 of the Weld County Code. A building permit application
must be completed and submitted. Buildings and structures shall conform to the
requirements of the various codes adopted at the time of permit application. Currently, the
following have been adopted by Weld County: 2018 International Building Codes, 2006
International Energy Code, 2017 National Electrical Code, and Chapter 29 of the Weld
County Code. A Plan Review shall be approved, and a permit must be issued prior to the
start of construction.
24. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
25. 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.
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26. 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.
27. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under Title 34 of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and person moving into these areas must
recognize the various impacts associated with this development. Oftentimes, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
28. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
2019-3704
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RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR19-0033, FOR A USE SIMILAR TO USES ALLOWED BY SPECIAL
REVIEW AS LONG AS THE USE COMPLIES WITH THE GENERAL INTENT OF THE
A (AGRICULTURAL) ZONE DISTRICT (EVENT CENTER) IN THE A (AGRICULTURAL)
ZONE DISTRICT - VAUGHN CITO
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
August, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Vaughn Cito, 5194 County Road 50, Johnstown, Colorado 80534, for a Site
Specific Development Plan and Use by Special Review Permit, USR19-0033, for a Use similar to
Uses allowed by Special Review as long as the Use complies with the general intent of the
A (Agricultural) Zone District (event center) in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
Subdivision Exemption, SE -1024; being part of the
NW1/4 of Section 1, Township 4 North, Range 68
West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was present, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. 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:
A. Section 23-2-230.6.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20.F.2 (A.Policy 6.2) states: "Support opportunities,
such as but not limited to hobby farming and home businesses, to
supplement family income and reduce living expenses for farm
families and others who prefer a rural lifestyle."The applicant lives
onsite and desires to use the barn as an event facility to supplement
family income.
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2) Section 22-2-20.G.1 (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." The agricultural
nature of the barn is what attracts people to request to use it as a
gathering place. The applicant has proposed screening and a berm
that will mitigate impacts to neighbors. The site plan includes
reasonably adequate parking for events. The proposed use is in an
area that can support this development and the existing and
proposed screening, the Conditions of Approval, and the
Development Standards will assist in mitigating the impacts of the
facility on the adjacent properties and ensure compatibility with
surrounding land uses and the region.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-10 states, in part: "...The A (Agricultural) Zone District
is intended to provide areas for the conduct of agricultural activities
and activities related to agriculture..."The agricultural nature of the
barn is what attracts people to request to use it as a gathering place.
The barn will remain an operational agricultural accessory structure
with or without event hosting.
2) Section 23-3-40.W allows USES similar to the USES listed above
as Uses by Special Review as long as the USE complies with the
general intent of the A (Agricultural) Zone District. At the time of
application, Event Facility had not been yet added to the zoning
code, so it was considered similar to a guest farm (Section 23-3-
40.C.5). Under the current code, an event facility such as this may
be permitted as a Use by Special Review under Section 23-3-40.L
Event Facility not agriculture -related.
C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent lands consist of
agricultural production and rural residences. The closest residence is
approximately 380 feet north of the barn across County Road 50. The land
around the site has been annexed into the Town of Johnstown. There are
two (2) Use by Special Review permits within one mile of the site: SUP -60
for a dairy and USR-1107 for a vehicle sales and repair facility. The Weld
County Department of Planning Services sent notice to one (1) surrounding
property owner located in Weld County and two (2) located in Larimer
County. Planning staff received no correspondence.
D. Section 23-2-230.B.4 -- The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
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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 Town of Johnstown. The Town did not return a referral response;
however, the Johnstown Area Comprehensive Plan denotes this area as
Low Density Residential and County Road 50 is noted to be an arterial.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23, Articles
V and XI, of the Weld County Code. The property is not within the Geologic
Hazard Overlay District, a Special Flood Hazard Area, MS4 or the Airport
Overlay District. Building Permits issued on the lot will be required to
adhere to the fee structure of the County -Wide Road Impact Fee, County
Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-230.6.6 -- The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The proposed facility is located on approximately three (3) acres
designated as "Prime (Irrigated)" soils, per the 1979 Soil Conservation
Service Important Farmlands of Weld County Map; however, the property
is outside of the reach of the irrigation pivot and will not remove any prime
irrigated land from agricultural production.
G. Section 23-2-230.B.7 — There is adequate provisions for the protection of
the health, safety, and welfare of the inhabitants of the neighborhood and
County. The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards (Section 23-2-250, Weld County Code), Conditions of
Approval and Development Standards can ensure that there are adequate
provisions for the protection of 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 Vaughn Cito, for a Site Specific Development Plan and
Use by Special Review Permit, USR19-0033, for a Use similar to Uses allowed by Special Review
as long as the Use complies with the general intent of the A (Agricultural) Zone District (event
center) in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby
is, granted subject to the following conditions:
1. Prior to recording the map:
A. As the existing On -site Wastewater Treatment System (OWTS) for the barn
(SP -1800125) will be utilized for business use, the OWTS shall be reviewed
by a Colorado registered professional engineer to determine sizing
limitations. The review shall consist of observation of the system and a
technical review describing the system's ability to handle the proposed use.
The review shall be submitted to the Environmental Health Services
Division of the Weld County Department of Public Health and Environment.
In the event the system is found to be inadequately sized for the proposed
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use, the system shall be brought into compliance with current OWTS
regulations.
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR19-0033.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall delineate on the map the trash collection areas.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
5) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code.
6) The map shall delineate the parking area for the emergency
responders, vendors, customers and/or employees.
7) County Road 50 is a gravel 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
and label on the site map or plat the future and existing right-of-way
(along with the documents creating the existing right-of-way) and
the physical location of the road. All setbacks shall be measured
from the edge of right-of-way. This road is maintained by Weld
County.
8) This portion of County Road 50 will be annexed by the Town of
Johnstown. Please contact the municipality to verify the right-of-
way. Show and label the right-of-way. Show the approved
access(es) on the site plan and label with the approved access
permit number, if applicable.
9) The applicant shall show and label the accepted drainage features.
Stormwater ponds should be labeled as "Stormwater Detention,
No -Build or Storage Area" and shall include the calculated volume.
10) The applicant shall show and label the drainage flow arrows.
11) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
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2. Upon completion of Condition of Approval #1 above, the applicant shall submit one
(1) paper copy or one (1) electronic copy (.pdf) of the map for preliminary approval
to the Weld County Department of Planning Services. Upon approval of the map
the applicant shall submit a Mylar map along with all other documentation required
as Conditions of Approval. The Mylar map shall be recorded in the office of the
Weld County Clerk and Recorder by the Department of Planning Services. The
map shall be prepared in accordance with the requirements of Section 23-2-260.D
of the Weld County Code. The Mylar map and additional requirements shall be
submitted within one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution. The applicant shall be responsible for paying
the recording fee.
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the map not be recorded within the required one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution, a
$50.00 recording continuance charge shall be added for each additional three (3)
month period.
4. Prior to Operation:
A. The building is primarily used for agricultural purposes, but portions of the
building will need to meet building and electrical codes without a change of
use permit. The structure will need to comply with accessibility
requirements.
5. The Use by Special Review is not perfected until the Conditions of Approval are
completed and the map is recorded. Activity shall not occur, nor shall any building
or electrical permits be issued on the property, until the Use by Special Review
map is ready to be recorded in the office of the Weld County Clerk and Recorder
or the applicant has been approved for an early release agreement.
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SPECIAL REVIEW PERMIT (USR19-0033) - VAUGHN CITO
PAGE 6
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 21st day of August, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLO ' DO
ATTEST: dideti�• jdo-ci
Weld County Clerk to the Board
BY:
eputy Clerk to the Board
APP' ► •<ED AS
ounty At'"ney
Date of signature: 09,17A
rbara Kirkmeyer, Chair
Mike Freeman, Pro -Tern
r
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
VAUGHN CITO
USR19-0033
1. A Site Specific Development Plan and Use by Special Review Permit, USR19-0033, is for
a Use similar to Uses allowed by Special Review as long as the Use complies with the
general intent of the A (Agricultural) Zone District (event center) in the A (Agricultural)
Zone District, subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The maximum number of guests shall be up to one hundred (100) per event.
4. The parking area on the site shall be maintained.
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 property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Article I and II, of the Weld County Code.
7. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
8. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
9. 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.
10. The historical flow patterns and runoff amounts on the site will be maintained.
11. Weld County is not responsible for the maintenance of on -site drainage related features.
12. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, C.R.S. §30-20-100.5, as amended) shall be stored and removed for final disposal in
a manner that protects against surface and groundwater contamination.
13. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the Solid
Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5.
14. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions. The applicant shall operate in accordance with Chapter 14, Article I, of the
Weld County Code.
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DEVELOPMENT STANDARDS (USR19-0033) - VAUGHN CITO
PAGE 2
15. Fugitive dust shall attempt to be confined on the property. Uses on the property should
comply with the Colorado Air Quality Commission's air quality regulations.
16. Adequate drinking, hand washing, and toilet facilities shall be provided for employees and
patrons of the facility, at all times. A permanent, adequate water supply shall be provided
for drinking and sanitary purposes.
17. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to On -site Wastewater Treatment Systems.
18. Any large -capacity septic system (a septic system with the capacity to serve 20 or more
persons per day) shall comply with the Underground Injection Control (UIC) Class V
Injection Well requirements of the Environmental Protection Agency (EPA).
19. In the event the septic system requires a design capacity of 2,000 gallons or more of
sewage per day, the applicants shall adhere to the requirements of the Colorado
Department of Public Health and Environment, Water Quality Control Division's (WQCD)
Regulations.
20. The applicant shall comply with Colorado Retail Food Establishment Rules and
Regulations governing the regulation of food service establishments.
21. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
22. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties. Sources of light should not cause a nuisance or interfere with the use on the
adjacent properties in accordance with the map. 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.
23. Building permits may be required, for any new construction or set up manufactured
structure, per Section 29-3-10 of the Weld County Code. A building permit application
must be completed and submitted. Buildings and structures shall conform to the
requirements of the various codes adopted at the time of permit application. Currently, the
following have been adopted by Weld County: 2018 International Building Codes, 2006
International Energy Code, 2017 National Electrical Code, and Chapter 29 of the Weld
County Code. A Plan Review shall be approved, and a permit must be issued prior to the
start of construction.
24. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
25. 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.
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DEVELOPMENT STANDARDS (USR19-0033) - VAUGHN CITO
PAGE 3
26. 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.
27. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under Title 34 of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and person moving into these areas must
recognize the various impacts associated with this development. Oftentimes, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
28. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
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