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HomeMy WebLinkAbout20191582.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Tom Cope, that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for CASE NUMBER. APPLICANT PLANNER. REQUEST LEGAL DESCRIPTION. LOCATION U S R 18-0124 ✓ ERONICA & CAMERON SILBAUGH MICHAEL HALL A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW P ERMIT 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 P RIVATE 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 PART OFTHE SW1/4 OF SECTION 34 LYING SOUTHEASTERLY OF THE ABANDONED UNION PACIFIC RAILROAD RIGHT-OF-WAY. T4N. R67W OF THE 6TH P M WELD COUNTY. COLORADO N ORTH OF AND ADJACENT TO CR 38 AND 19.5; APPROXIMATELY 0.22 MILES EAST OF CR 19, be recommended favorably to the Board of County Commissioners 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. It is the opinion of the Planning Commission 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 Creek. The surrounding land uses are predominately agricultural and rural residential and a power plant is to the south. The proposed use will not minimize these uses. No productive agricultural land will be removed from production. Section 22-2-20.8.3. - 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. RESOLUTION USR18-0124 VERONICA & CAMERON SILBAUGH PAGE 2 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 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 Creek and undeveloped wetlands, farmland, rural residences, oil and gas operations and large public utility infrastructure facilities There are five (5) properties immediately adjacent to the site, one (1) with a residence The majority of land surrounding the subject parcel is owned by the Public Service Company of Colorado The applicant does not own any other contiguous property There are six (6) USRs within one 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 Creek Floodplain The Planning Department - Floodplain referral provided conditions of approval and development standards The site is not located in the A -P (Airport) Overlay District, Geologic Hazard Overlay District, MS4 area or Regional Urbanization Area RESOLUTION USR18-0124 VERONICA & CAMERON SILBAUGH PAGE 3 Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program 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 Creek 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 Planning Commission 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) RESOLUTION USR18-0124 VERONICA & CAMERON SILBAUGH PAGE 4 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 RESOLUTION USR18-0124 VERONICA & CAMERON SILBAUGH PAGE 5 from the gate to the edge of the traveled surface be less than 35 feet (Department of Public Works) 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 be 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) RESOLUTION USR18-0124 VERONICA & CAMERON SILBAUGH - PAGE 6 Motion seconded by Bruce Sparrow VOTE For Passage Bruce Johnson Bruce Sparrow Michael Wailes Tom Cope Gene Stile Lonnie Ford Richard Beck Elijah Hatch Skip Holland Against Passage Absent The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings CERTIFICATION OF COPY I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on April 16, 2019 Dated the 16th of April, 2019 45\ie6ni.AneC¢.w Kristine Ranslem Secretary RESOLUTION USR18-0124 VERONICA & CAMERON SILBAUGH PAGE 7 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 Vram Creek Floodplain) Any development shall comply with all applicable Weld County requirements, Colorado Water Conservation Board requirements as described in Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65 The FEMA definition of development is any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment and materials (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) RESOLUTION USR18-0124 VERONICA & CAMERON SILBAUGH PAGE 8 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) 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) RESOLUTION USR18-0124 VERONICA & CAMERON SILBAUGH PAGE 9 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 sanit zers. Portable toilets shall be screened from public view. (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 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. RESOLUTION USR18-0124 VERONICA & CAMERON SILBAUGH PAGE 10 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, sandburs, 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 Moittkikke o4lap! za�q SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, April 16, 2019 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building, Hearing Room, 1150 O Street. Greeley, Colorado This meeting was called to order by Chair, Michael Wailes. at 12:30 pm. Roll Call. Present Bruce Johnson. Bruce Sparrow. Elijah Hatch, Gene Stille. Lonnie Ford. Michael Wailes, Richard Beck, Skip Holland. Tom Cope. Also Present: Kim Ogle. Michael Hall, Angela Snyder. and Maxwell Nader, Department of Planning Services: Lauren Light and Ben Frissell. Department of Health; Evan Pinkham, Hayley Balzano and Mike McRoberts. Public Works: Bob Choate, County Attorney, and Kris Ranslem, Secretary. CASE NUMBER APPLICANT PLANNER REQUEST LEGAL DESCRIPTION LOCATION U SR18-0124 R 18-0124 VERONICA & CAMERON SILBAUGH MICHAEL HALL A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW P ERMIT 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 P RIVATE 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 PART OFTHE SW1/4 OF SECTION 34. LYING SOUTHEASTERLY OF THE ABANDONED UNION PACIFIC RAILROAD RIGHT-OF-WAY. T4N R67W OF THE 6TH P.M.. WELD COUNTY. COLORADO. N ORTH OF AND ADJACENT TO CR 38 AND 19 5 APPROXIMATELY 0 22 MILES EAST OF CR 19. Michael Hall. Planning Services, presented Case USR18-0124, reading the recommendation and comments into the record. Mr. Hall noted that the facility is planned to be developed in two (2) phases. Phase 1 will operate seasonally from April 1st through September 30"1 and events may take place from 6 am to 12 am. seven days a week depending on market demand. Phase 2 will operate year-round and events may take place from 6 am to 12 am. seven days a week depending on market demand. He added that at this phase a barn for indoor gathering is proposed. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Commissioner Stille asked Staff to address the floodplain issues. Mr. Hall said that there are two development standards that will require the applicant to obtain Floodplain Hazard Development Permits prior to construction of the proposed barn in the floodplain. Evan Pinkham. Public Works. reported on the existing traffic. access to the site and drainage conditions for the site. Lauren Light Environmental Health. reviewed the public water and sanitary sewer requirements. on -site dust control. and the Waste Handling Plan. Ms Light requested to add "Portable toilets shall be screened from public view" tc the end of Development Standard 27. Commissioner Holland asked how we know if they will have the capability of fighting a fire in the proposed barn. Mr. Hall said that the Building Department will review the plans when the applicant submits the building permit applications for a commercial building and added that the Fire District would also review the plans. Mr. Hall further added that a referral was sent to the Platteville-Gilcrest Fire Protection District and they responded with no concerns to the proposal 1 Kelsey Bruxvoort, AGPROfessionals, 3050 67th Avenue, Greeley, Colorado, stated that she is representing the applicants She stated that they are requesting an event venue for up to 200 people for private gatherings Weddings are anticipated to be the primary use, however, other uses may include graduation and retirement parties, conferences and company picnics Ms Bruxvoort said that a sign is proposed at the site entrance She provided a brief explanation of the layout of the venue and outdoor activities on a visual slide Commissioner Ford asked what they consider a large event that will require the police to provide traffic control Ms Bruxvoort said that the traffic threshold in the agricultural zone district is 60 vehicles trips per day She said that they would request that when an event is expected to exceed that traffic threshold that they would engage traffic control The Chair asked if there was anyone in the audience who wished to speak for or against this application No one wished to speak The Chair referred to the requested change by Environmental Health to Development Standard 27 regarding the screening of public toilets from public view Motion Amend Development Standard 27, as requested by Staff Moved by Gene Stifle, Seconded by Tom Cope Motion carried unanimously The Chair asked the applicant if they have read through the amended Development Standards and Conditions of Approval and if they are in agreement with those The applicant replied that they are in agreement Motion Forward Case USR18-0124 to the Board of County Commissioners along with the amended Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Tom Cope, Seconded by Bruce Sparrow Vote Motion carried by unanimous roll call vote (summary Yes = 9) Yes Bruce Johnson, Bruce Sparrow, Elijah Hatch, Gene Stifle, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland, Tom Cope Meeting adjourned at 2 56 pm Respectfully submitted, 4S\iabnt.A1,otem. 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