HomeMy WebLinkAbout20191583.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: Michael Hall
Case Number: USR18-0124
Owner: Veronica J. and Cameron P. Silbaugh
Representative: AGPROfessionals, LLC do Kelsey Bruxvoort
3050 67th Avenue, Suite 200, Greeley, CO 80634
Request:
Hearing Date: April 16, 2019
A Site Specific Development Plan and Use by Special Review Permit for any Use
Permitted as a Use By Right, an Accessory Use, or a Use By Special Review in the
Commercial or Industrial Zone Districts (Saint Vrain River Ranch - event venue for
weddings, graduations, parties, conferences, and similar private gatherings) provided
that the property is not a lot in an approved or recorded subdivision plat or lots parts of
a map or plan filed prior to adoption of any regulations controlling subdivisions in the A
(Agricultural) Zone District.
Legal Part of the SW4 lying southeasterly of the abandoned Union Pacific Railroad right -of -
Description: way of Section 34, T4N, R67W of the 6th P.M., Weld County, CO
Location:
North of and adjacent to County Road 38 and 19.5 and approximately 0.22 miles east
of County Road 19
Size of Parcel: +1- 40 acres Parcel No. 1059-34-3-00-047
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:
Little Thompson Water District, referral dated, December 7, 2018
Y Weld County Department of Public Works, referral dated January 24, 2019
Y Weld County Department of Public Health and Environment, referral dated January 3, 2019
Y Weld County Department of Planning Services - Floodplain, referral dated December 7, 2018
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
V V V V V V
Colorado Parks and Wildlife, referral dated December 5, 2018
Weld County Sheriff's Office, referral dated December 7, 2018
Weld County Zoning Compliance, referral dated December 7, 2018
Weld County School District RE -1, referral dated December 6, 2018
Colorado Division of Water Resources, referral dated December 10, 2018
Platteville Gilcrest Fire Protection District, referral dated December 12, 2018
The Department of Planning Services' staff has not received responses from the following agencies:
▪ Town Milliken
▪ Town of Platteville
▪ Town of Johnstown
US Army Corps of Engineers
Weld County Department of Building Inspection
USR18-0124 - Saint Vrain River Ranch
Page 1 of 11
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: Michael Hall
Case Number: USR18-0124
Owner: Veronica J. and Cameron P. Silbaugh
Representative: AGPROfessionals, LLC do Kelsey Bruxvoort
3050 67th Avenue, Suite 200, Greeley, CO 80634
Request:
Hearing Date: April 16, 2019
A Site Specific Development Plan and Use by Special Review Permit for any Use
Permitted as a Use By Right, an Accessory Use, or a Use By Special Review in the
Commercial or Industrial Zone Districts (Saint Vrain River Ranch - event venue for
weddings, graduations, parties, conferences, and similar private gatherings) provided
that the property is not a lot in an approved or recorded subdivision plat or lots parts of
a map or plan filed prior to adoption of any regulations controlling subdivisions in the A
(Agricultural) Zone District.
Legal Part of the SW4 lying southeasterly of the abandoned Union Pacific Railroad right -of -
Description: way of Section 34, T4N, R67W of the 6th P.M., Weld County, CO
Location:
North of and adjacent to County Road 38 and 19.5 and approximately 0.22 miles east
of County Road 19
Size of Parcel: +1- 40 acres Parcel No. 1059-34-3-00-047
Case Summary:
As stated, the applicant is requesting Use by Special Review Permit for an event venue for weddings,
graduations, parties, conferences, and similar private gatherings, known as the Saint Vrain River Ranch.
The proposed event venue will be owned and operated by the Silbaugh family and will host various
gatherings on a fee basis. The site also contains an existing residence (served by Little Thompson Water
District Account # 385-02 and Septic #SE -0200074) and agricultural uses. These historical activities will
continue and are separate from the operation of the event venue. The event venue will be located on
approximately five (5) acres of the forty (40) acre parcel and will accommodate up to two -hundred (200)
guests plus support staff at each event. The facility will be developed in two (2) phases.
- Phase 1 will operate seasonally from April 1St through September 30th and events will take place
during the hours of 6:00 am to 12:00 am, 7 days a week, depending on market demand. No new
structures are proposed. Bottled water and portable restroom trailers will be provided for venue
guests and vendors.
- Phase 2 will operate year round and events will take place during the hours of 6:00 am to 12:00
am, 7 days a week, depending on market demand. A barn for indoor gatherings is proposed. A
commercial Little Thompson Water District tap and commercial septic system will be installed in
the barn for venue guests and vendors.
Although both phases allow for activity 7 days a week, the primary hours of operation for both phases are
expected to be 10:00 am to 11:00 pm, Friday through Sunday, with the most frequent events occurring
during summer months.
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Page 2 of 11
The property owners will manage the events. Third -party vendors (caterers/food trucks, event planners,
musicians, etc.) will be hired depending of patron needs. Landscape and maintenance staff will be hired
as necessary. Venue equipment (tables, chairs, canvas tents) will be stored in existing outbuildings on -
site. Parking will occur in an improved gravel area. Sixty-eight (68) standard parking spaces and three (3)
handicap ADA parking spaces are proposed. No new landscaping is proposed or recommended by
Planning staff. The site has mature, riparian landscaping including trees and vegetative cover in the area
where the event venue will be located adjacent to the Saint Vrain River. A proposed rod and rail fence will
be installed on -site to define the event venue area and along the riverbank for safety purposes. A facility
entrance sign is proposed adjacent to the driveway to the venue at the County Road 38 and 19.5 curve.
Outdoor lighting will include walk -way lights and string lights in the wedding area in Phase 1 and building -
mounted lights will be attached to the barn in Phase 2. The existing on -site gravel drive will be widened to
allow for two-way traffic. No outdoor storage or overnight use by guests is proposed.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST 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 Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1. -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-10.F. states, "Land use policies should support a high -quality rural character
which respects the agricultural heritage and traditional agricultural land uses of the
County, as agricultural lands are converted to other uses (excluding urban development).
Rural character in the County includes those uses which provide rural lifestyles, rural -
based economies and opportunities to both live and work in rural areas. The natural
landscape and vegetation predominate over the built environment. Agricultural land uses
and development provide the visual landscapes traditionally found in rural areas and
communities."
The proposed event venue respects the rural character and agricultural tradition of the area
and is intended to provide an agri-tainment focused facility. The majority of events will take
place outside and guests will be drawn to the site by the natural features and pastoral
setting along the Saint Vrain River. The surrounding land uses are predominately
agricultural and rural residential and a power plant is to the south. The proposed use will
not minimize these uses. No productive agricultural land will be removed from production.
Section 22-2-20.B.3. - A.Policy 2.3. states, "Encourage development of agriculture and
agriculturally related businesses and industries in underdeveloped areas where existing
resources can support a higher level of economic activity. Agricultural businesses and
industries include those related to ranching, confined animal production, farming,
greenhouse industries, landscape production and agri-tainment or agri-tourism uses."
The proposed use will bring an agriculturally themed business to the parcel. The parcel is
located in an area that has adequate water and sewage disposal services and fire
protection. Additionally, the site accesses onto County Roads 38 and 19.5 which are both
collector roads, which provides adequate infrastructure for the public to access the site.
B. Section 23-2-220.A.2. -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District.
Section 23-3-10. -Intent, of the Weld County Code states, "The A (Agricultural) Zone
District is also intended to provide areas for the conduct of Uses by Special Review which
have been determined to be more intense or to have a potentially greater impact than
Uses Allowed by Right." This provision allows for the applicant to apply for a USR.
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Page 3 of 11
Section 23-3-40.S. — Uses by special review, of the Weld County Code allows, "Any use
permitted as a Use by Right, an accessory use, or a Use by Special Review in the
Commercial or Industrial zone districts, provided that the property is not a Lot in an
approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption
of any regulations controlling subdivisions." This provision allows for the event venue
facility which is a commercial use.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses.
The adjacent lands consist of the Saint Vrain River and undeveloped wetlands, farmland,
rural residences, oil and gas operations and large public utility infrastructure facilities.
There are five (5) properties immediately adjacent to the site; one (1) with a residence.
The majority of land surrounding the subject parcel is owned by the Public Service
Company of Colorado. The applicant does not own any other contiguous property.
There are six (6) USRs within one mile of the site including: USR-951 for an excavating
contractor shop directly to the west; USR-1183 for a gas line directly to the west; USR-
1063 for a power plant directly to the east; USR-823 for a 230kV transmission line to the
east; USR-1647 for a power generation facility to the south; and SUP -43 for a waste and
sewage plant to the south.
The Weld County Department of Planning Services sent notice to six (6) surrounding
property owners within 500 feet of the proposed USR boundary. No responses were
received back.
The Nuisance Management Plan, submitted in the application, addresses noise, light,
waste and dust mitigation efforts that will be in place and monitored during operation of
the site. Additionally, the Improvements Agreement, Conditions of Approval and
Development Standards should adequately protect the interests of surrounding
properties.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the
future development as projected by Chapter 22 of the Weld County Code and any other
applicable code provisions or ordinances in effect, or the adopted Master Plans of
affected municipalities.
This site is located within the three (3) mile referral radius of the Towns of Johnstown,
Milliken and Platteville. No responses were received back. The site is located in the
Coordinated Planning Agreement (CPA) boundary of the Towns of Milliken and
Platteville. As part of the pre -application process, both towns were notified of the
proposal by Planning staff and were provided Notice of Inquiry forms by the applicant. No
responses were received back.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of
the Weld County Code.
The site is located within the Saint Vrain River Floodplain. The Planning Department -
Floodplain referral provided conditions of approval and development standards.
The site is not located in the A -P (Airport) Overlay District, Geologic Hazard Overlay
District, MS4 area or Regional Urbanization Area.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program.
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Building Permits issued on the proposed lot will be required to adhere to the fee structure
of the County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve
prime agricultural land in the locational decision for the proposed use.
A portion of the parcel is located on soils designated as "Prime (Irrigated) - Farmland of
National Importance" per the 1979 Soil Conservation Service Important Farmlands of
Weld County Map. The portion of the site with this designation is already developed with
the residence, outbuildings and driveway. The remainder of the site is designated as
"Other" and is not suitable for farming as it is located in a heavily wooded and wetland
area along the Saint Vrain River. The proposed USR will not further remove any active
farm ground from production.
G. Section 23-2-220.A.7 -- There is adequate provisions for the protection of the health,
safety, and welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards
(Section 23-2-250, Weld County Code), Conditions of Approval and Development
Standards can ensure that there are adequate provisions for the protection of health,
safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The 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. The applicant shall submit a recorded copy of any agreement signed by all of the owners of
the property crossed by the access. The access shall be for ingress, egress, utilities and shall
be referenced on the USR map by the Weld County Clerk and Recorder's Reception number.
(Department of Public Works)
C. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0124. (Department of Planning
Services)
2) The attached Development Standards. (Department of Planning Services)
3) The map shall be prepared per Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
4) Show and label the location of all buildings, including the existing outbuildings used
for equipment storage and the proposed barn. (Department of Planning Services)
5) Show and label the location of the portable restroom trailers. (Department of Planning
Services)
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6) Show and label the parking area for the vendors, patrons, and employees including
sixty-eight (68) standard parking spaces and three (3) handicap ADA parking spaces.
(Department of Planning Services)
7) Show and label the existing landscaping and proposed fencing. (Department of
Planning Services)
8) Show and label the location of the trash collection areas. Section 23-3-250.A.6. of the
Weld County Code addresses the issue of trash collection areas. (Department of
Planning Services)
9) Show and label the lighting including on -site walk -way lights and string lights in the
wedding area and building -mounted lights attached to the barn. All lighting shall be
shielded so that light rays will not shine directly onto adjacent properties and
roadways and shall adhere to Section 23-2-250.D of the Weld County Code.
(Department of Planning Services)
10) Show and label the venue signage. All signs shall adhere to Chapter 23, Article IV,
Division 2, Section 23-2-240.A.12 and Appendices 23-C, 23-D and 23-E of the Weld
County Code. (Department of Planning Services)
11) Show and label all setback radiuses for existing oil and gas tank batteries and
wellheads per the setback requirements of 23-3-50.E of the Weld County Code.
(Department of Planning Services)
12) Show and label all recorded easements and rights -of -way on the map by book and
page number or reception number. (Department of Planning Services)
13) Show the floodplain and floodway boundaries on the map. Label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate
study. (Department of Planning Services - Floodplain)
14) County Road 38 is a paved road and is designated on the Weld County Functional
Classification Map as a collector road which requires 80 feet of right-of-way at full
buildout. The applicant shall delineate and label 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. (Department of Public Works)
15) County Road 19.5 is a paved road and is designated on the Weld County Functional
Classification Map as a collector road which requires 80 feet of right-of-way at full
buildout. The applicant shall delineate and label 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. (Department of Public Works)
16) 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)
17) Show and label the approved tracking control on the site plan. (Department of Public
Works)
18) 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)
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19) Show and label a 30 -foot minimum access and utility easement to provide legal
access to the parcel on the site plan. (Department of Public Works)
20) Show and label the drainage flow arrows. (Department of Public Works)
21) Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Public Works)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic
copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning
Services. Upon approval of the map the applicant shall submit a Mylar map along with all other
documentation required as Conditions of Approval. The Mylar map shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall
be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The Mylar map and additional requirements shall be submitted within one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution. The applicant shall
be responsible for paying the recording fee. (Department of Planning Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the
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 added
for each additional three (3) month period. (Department of Planning Services)
4. Prior to construction:
A. Any construction in the floodplain requires a floodplain permit. (Department of Planning
Services - Floodplain)
B. The approved access and tracking control shall be constructed prior to on -site construction.
(Department of Public Works)
C. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Public Works)
5. Prior to issuance of a Certificate of Occupancy
A. An on -site waste water treatment system is required for the proposed structure and shall be
installed according to the Weld County On -site Waste Water Treatment System Regulations.
(Department of Public Health and Environment)
6. The Department of Planning Services requests a digital copy of this "Use by Special Review", as
appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, prj) with a defined
coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane
Colorado North FIPS 0501 (US Feet)...etc.). This digital file may be sent to maps@co.weld.co.us.
(Department of Planning Services)
7. 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 or the applicant has been approved for an early release
agreement. (Department of Planning Services)
USR18-0124 - Saint Vrain River Ranch
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Silbaugh - Saint Vrain River Ranch
USR18-0124
1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0124, for any Use
Permitted as a Use By Right, an Accessory Use, or a Use By Special Review in the Commercial
or Industrial Zone Districts (Saint Vrain River Ranch - event venue for weddings, graduations,
parties, conferences, and similar private gatherings) provided that the property is not a lot in an
approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any
regulations controlling subdivisions in the A (Agricultural) Zone District, subject to the
Development Standards stated hereon. (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 maximum number of guests shall be two -hundred (200), as stated in the application
materials. (Department of Planning Services)
4. The hours of operations, as stated in the application materials, are:
a. Phase 1: Seasonal operation from April 1st through September 30th. Events may take
place during the hours of 6:00 am to 12:00 am, 7 days a week
b. Phase 2: Year round operation. Events may take place during the hours of 6:00 am to
12:00 am, 7 days a week. (Department of Planning Services)
5. If selling or distributing alcohol, a liquor license shall be obtained from the Weld County Board of
County Commissioners prior to any event. (Department of Planning Services)
6. The parking area on the site shall be maintained. (Department of Planning Services)
7. The approved landscaping and fencing on the site shall be maintained. (Department of Planning
Services)
8. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E
of the Weld County Code. (Department of Planning Services)
9. A Flood Hazard Development Permit is required for all construction or development occurring in
the floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA)
FIRM Community Panel Map #08123C -1695E effective date January 20, 2016 (St Vrain River
Floodplain). Any development shall comply with all applicable Weld County requirements,
Colorado Water Conservation Board requirements as described in Rules and Regulations for
Regulatory Floodplains in Colorado, and FEMA regulations and requirements as described in 44
CFR parts 59, 60, and 65. The FEMA definition of development is any man-made change to
improved or unimproved real estate, including but not limited to buildings or other structures,
mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment
and materials. (Department of Planning Services - Floodplain)
10. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any
development activities, the owner should contact Weld County to determine if the floodplain
boundaries have been modified. (Department of Planning Services - Floodplain)
11. The property owner or operator shall be responsible for controlling noxious weeds on the site,
pursuant to Chapter 15, Article I and II, of the Weld County Code. (Department of Public Works)
12. The access to the site shall be maintained to mitigate any impacts to the public road, including
damages and/or off -site tracking. (Department of Public Works)
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Page 8 of 11
13. Traffic control, with a certified Traffic Control Supervisor present, is required for all events at this
facility. (Department of Public Works)
14. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
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. (Department of Public
Works)
16. The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. (Department of Public Works)
17. The Improvements Agreement for this site may be reviewed on an annual basis, including a site
visit and possible updates. (Department of Public Works)
18. The historical flow patterns and runoff amounts on the site will be maintained. (Department of
Public Works)
19. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
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. (Department of Public Health and Environment)
21. 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. The
nuisance and waste management plan submitted with the application shall be adhered to.
(Department of Public Health and Environment)
22. Fugitive dust shall attempt to be confined on the property. Uses on the property should comply
with the Colorado Air Quality Commission's air quality regulations. (Department of Public Health
and Environment)
23. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons
of the facility, at all times. A permanent, adequate water supply shall be provided for drinking and
sanitary purposes. (Department of Public Health and Environment)
24. Any septic system located on the property must comply with all provisions of the Weld County
Code, pertaining to Onsite Waste Water Treatment Systems. (Department of Public Health and
Environment)
25. 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). (Department of Public Health and
Environment)
26. In the event the septic systems require a design capacity of 2,000 gallons or more of sewage per
day the applicants shall adhere to the requirements of the Colorado Department of Public Health
and Environment, Water Quality Control Division's (WQCD) Regulations. (Department of Public
Health and Environment)
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27. For temporary uses that are utilized for a time of six months or less, portable toilets and bottled
water are acceptable. Records of maintenance and proper disposal for portable toilets shall be
retained on a quarterly basis and available for review by the Weld County Department of Public
Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County
and shall contain hand sanitizers. (Department of Public Health and Environment)
28. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial
Zone as delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
29. The applicant shall comply with Colorado Retail Food Establishment Rules and Regulations
governing the regulation of food service establishments. (Department of Public Health and
Environment)
30. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code. (Department of Public Health and Environment)
31. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties in
accordance with the plan. Neither the direct, nor reflected, light from any light source may create
a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may
be used which may be confused with, or construed as, traffic control devices. (Department of
Planning Services)
32. Building permits may be required, for any new construction or set up manufactured structure, per
Section 29-3-10 of the Weld County Code. A building permit application must be completed and
submitted. Buildings and structures shall conform to the requirements of the various codes
adopted at the time of permit application. Currently the following has been adopted by Weld
County: 2018 International Building Codes; 2018 International Residential Code; 2006
International Energy Code; 2017 National Electrical Code; and Chapter 29 of the Weld County
Code. A plan review shall be approved, and a permit must be issued prior to the start of
construction. (Department of Building Inspection)
33. 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.
34. 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.
35. 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.
36. 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.
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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.
37. 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.
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.
USR18-0124 - Saint Vrain River Ranch
Page 11 of 11
March 18, 2019
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: mhall@weldgov.com
PHONE: (970) 400-3528
FAX: (970) 304-6498
BRUXVOORT KELSEY
3050 67TH AVE STE 200
GREELEY, CO 80634
Subject: USR18-0124 - A Site Specific Development Plan and Use by Special Review Permit for any
Use Permitted as a Use By Right, an Accessory Use, or a Use By Special Review in the Commercial or
Industrial Zone Districts (St. Vrain River Ranch - event venue for weddings, graduations, parties,
conferences, and similar private gatherings) provided that the property is not a lot in an approved or
recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations
controlling subdivisions in the A (Agricultural) Zone District.
On parcel(s) of land described as:
PART SW4 SECTION 34, T4N, R67W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on April 16, 2019, at 12:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on May 1, 2019 at 10:00
a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O
Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to
answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplanningcases.org
If you have any questions concerning this matter, please call.
Resp'ctful ly,
, 7.7
Michael Hall
Planner
December 05, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: mhall@weldgov.com
PHONE: (970) 400-3528
FAX: (970) 304-6498
KELSEY BRUXVOORT
AGPROFESSIONALS
3050 67TH AVENUE SUITE 200
GREELEY, CO 80634
Subject: USR18-0124 - A Site Specific Development Plan and Use by Special Review Permit for any
Use Permitted as a Use By Right, an Accessory Use, or a Use By Special Review in the Commercial or
Industrial Zone Districts (St. Vrain River Ranch - event venue for weddings, graduations, parties,
conferences, and similar private gatherings) provided that the property is not a lot in an approved or
recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations
controlling subdivisions in the A (Agricultural) Zone District.
On parcel(s) of land described as:
PT SW4 SECTION 34 T4N R67W LYING IN THE E2SW4 of the 6th P.M., Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within
the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a
copy of the submitted materials to the following Planning Departments for their review and
comments:
Johnstown at Phone Number 970-587-4664
Milliken at Phone Number 970-587-4331
Platteville at Phone Number 970-785-2245
It is recommended that you contact the listed Planning Departments for information regarding their
process and to answer any questions that might arise with respect to your application.
If you have any questions concerning this matter, please call.
Respeertfully,
Michael Hall
Planner
FIELD CHECK
Inspection Date: 4/4/2019
Case Number: USR18-0124
Applicant: Veronica J. and Cameron P. Silbaugh
Representative: Agprofessionals, LLC c/o Kelsey Bruxvoort
Request: A Site Specific Development Plan and Use by Special Review Permit for any Use
Permitted as a Use By Right, an Accessory Use, or a Use By Special Review in
the Commercial or Industrial Zone Districts (Saint Vrain River Ranch - event
venue for weddings, graduations, parties, conferences, and similar private
gatherings) provided that the property is not a lot in an approved or recorded
subdivision plat or lots parts of a map or plan filed prior to adoption of any
regulations controlling subdivisions in the A (Agricultural) Zone District.
Legal
Description:
Part of the SW4 lying southeasterly of the abandoned Union Pacific Railroad right-
of-way of Section 34, T4N, R67W of the 6th P.M., Weld County, CO
Location: North of and adjacent to County Road 38 and 19.5 and approximately 0.22 miles
east of County Road 19
Size of Parcel:
+/- 40 acres
Parcel No. 1059-34-3-00-047
Zoning
Land Use
N
A (Agricultural)
N
Agricultural / Open Rangeland
E
A (Agricultural)
E
Agricultural / Open Rangeland / Oil & Gas
S
A (Agricultural)
S
Agricultural / Residential
W
A (Agricultural)
W
Agricultural / Residential
COMMENTS:
There are two existing access points into the site. At the south corner of the property there is a U-shaped
access, the western access comes off of CR 38 and then the eastern access comes off of CR 19.5. There
is also a western access located on the southern corner of the property as well, which appears to be used
for oil and gas. The site sits just west of the South Platte River and is located almost completely in the
floodplain. There is one residence on site. The main portion of the parcel where the proposed facility will
be located is vacant dryland and riparian.
Michael Hall, Planner
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