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
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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.
Kristine Ranslem
Secretary
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