HomeMy WebLinkAbout20181724.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
USR 18-0015
SEAN AND ANNETTE JAEHN
DIANA AUNGST
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 (EVENT VENUE FOR WEDDINGS. GRADUATIONS PARTIES.
CONFERENCES. AND SIMILAR 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
LOT A REC EXEMPT RE -1567 BEING PART E2SE4 SECTION 21. T6N R65W
OF THE 6TH P M WELD COUNTY. COLORADO
NORTH OF AND ADJACENT TO CR 66 AND APPROXIMATELY 0 2 MILES
WEST OF CR 43
be recommended favorably to the Board of County Commissioners for the following reasons.
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 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 22-2-20.8.2. - A. Policy 2.2. states "Allow commercial and industrial uses, which are directly
related to or dependent upon agriculture, to locate within agricultural areas when the impact to
surrounding properties is minimal or mitigated and where adequate services and infrastructure are
currently available or reasonably obtainable. These commercial and industrial uses should be
encouraged to locate in areas that minimize the removal of agricultural land from production.
This USR is a venue for weddings (Greeley Farm Weddings) and similar gathering The venue will be
advertised as a "farm wedding venue" The home on the premises will remain a private residence
where the property owners will continue to reside The integrity of the land, the farm house. and the
barn will remain intact. The goal with the wedding venue is to preserve the land, educate visitors
about the history of the property, and to expose visitors to the beauty of farm life The 4 -acre parcel is
a small farm housing cattle, horses, pigs. goats. and chickens. These animals are raised by the
homeowner's to feed their family These animals will all remain on the property and will be replaced
as they are harvested. This is an important educational tool to connect people with where their food
comes from. All visitors will be exposed to these animals and educated about their care and eventual
use
Section 22-2-20.H.1 - A. Policy 8. 1 states. "The land use applicants should demonstrate that adequate
sanitary sewage and water systems are available for the intensity of the development."
According to the application materials bottled water and portable toilets will be utilized The facility will
operate for 5 months out of the year (May to October). The Department of Public Health and
Environment's policy allows bottled water and portable toilets for facilities that are utilized 6 months or
less per year
The existing house is served by North Weld County Water District and a septic system permitted for 4
bedrooms (G-19949019)
atoiefamil
a a 553
RESOLUTION USR18-0015
SEAN AND ANNETTE JAEHN
PAGE 2
Section 22-2-20.1.5 - A. Policy 9.5. state. "Applications for a change of land use in the agricultural
areas should be reviewed in accordance with all potential impacts to surrounding properties and
referral agencies. Encourage applicants to communicate with those affected by the proposed land use
change through the referral process.
The surrounding property owners have been notified of this project and the Weld County Department
of Planning Services had received no correspondence for the surrounding property owners.
Section 22-2-20.G. 3. - A. Policy 7.3 states. "Conversion of agricultural land to urban residential,
commercial and industrial uses should be considered when the subject site is located inside an
Intergovernmental Agreement area, Urban Growth Boundary area. Regional Urbanization Area or
Urban Development Nodes. or where adequate services are currently available or reasonably
obtainable A municipality's adopted comprehensive plan should be considered, but should not
determine the appropriateness of such conversion."
This site is located about 1.5 miles northeast of the Greeley airport. At this time the County does not
have an Intergovernmental Agreement with the City of Greeley
Section 22-2-20.H 8 - A. Policy 8.3 states. "The land use applicants should demonstrate that the
roadway facilities associated with the proposed development are adequate in width, classification and
structural capacity to serve the proposed land use change."
The referral comments from the Department of Public Works state that CR 66 is a paved road and will
require left and right deceleration/turn lanes immediately and will require left acceleration and a left
deceleration/turn in the future
Section 22-2-20. H. 5 - A. Policy 8.5. states. "The land use applicants should demonstrate that public
service providers, such as but not limited to schools. emergency services and fire protection. are
informed of the proposed development and are given adequate opportunity to comment on the
proposal.
The USR application was sent to thirteen (13) referral agencies including the school district. the
Division of Water Resources. and the fire district. The referral agencies had 28 days to review this
USR and most of them submitted response of -no concerns' with the rest submitting comments or
conditions that are incorporated as Conditions of Approval or Development Standards in the staff
recommendation.
Section 23-2-220.A.2. -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District Section 23-3-40 S which allows 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 (event venue for weddings, graduations. parties.
conferences. and similar 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.
Section 23-3-10 — Intent 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. -
The site consists of a residence and 6 out -buildings The proposed event venue will utilize a portion of
the barn and one of the out -buildings One of the other out -buildings may be demolished and replaced
with a warming kitchen in the future The facilities and utilities will be provided for all users The
proposed USR is in an area that can support this facility and the Development Standards and the
Conditions of Approval will assist in mitigating the impacts of the facility on the adjacent properties
and ensure compatibility with surrounding land uses and the region
C Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses
RESOLUTION USR18-0015
SEAN AND ANNETTE JAEHN
PAGE 3
The adjacent lands consist of pastures, crops, and rural residences The closest residence is west of
and adjacent to the site less than 100 feet from the property line
There are sixteen (16) USRs within one mile of this site. Amended USR13-0060 for mineral resource
development facility and USR-1764 for parking and maintenance for a tank service company are north
of the site USR-973 for a commercial trucking operation is west of the site. USR-1386 for bed and
breakfast. USR13-0032 for 115kv transmission line. USR-1654 for beet storage. USR15-0037 for
mineral resource development and gas storage USR-1631 for oil and gas facility, Amended USR-
1501 for railroad car loading and salvage. USR13-0026 and USR15-0068 for mineral resource
development, USR14-0021 and USR14-0022 for non -1041 major facility of a public utility for a 16 -inch
pipeline are located south of the site Additionally. USR-623, Amended USR-661, and Amended USR-
717 for oil and gas production facilities in the R-1 (Low Density Residential) are also located south of
the site.
The Weld County Department of Planning Services sent notice to four (4) surrounding property
owners and did not receive any correspondence from any of the surrounding property owners.
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
The site is located within a three (3) mile referral area of the City of Greeley The City of Greeley
responded with comments dated March 9. 2018. The comments from the City of Greeley include
design criteria for the site A Condition of Approval has been included in this recommendation.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23. Articles V and XI, of the Weld
County Code.
The property is not within the Geologic Hazard Overlay District or a Special Flood Hazard Area The
site is located in the Weld/Greeley Airport Overlay District and Airport Noise Contours Area
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.
The proposed facility located on 4 acres of soils designated as "Prime" per the 1979 Soil Conservation
Service Important Farmlands of Weld County Map. This property has historically been used as a
residential site and the USR will not take any "Prime (Irrigated)" Farmland out of 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.
RESOLUTION USR18-0015
SEAN AND ANNETTE JAEHN
PAGE 4
Prior to recording the map.
A. The submitted traffic impact study must signed and stamped by a Colorado Licensed Professional
Engineer. (Department of Public Works)
B. 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. The Agreement shall
require the construction of the following capital improvements.
1 Immediate off -site improvements to be completed prior to operation
a Design and construct a left deceleration/turn lane on CR 43 66 at CR 66 43
b Design and construct a right deceleration/turn lane on CR 66 at the site entrance
2 Future off -site improvements to be completed
a. Design and construct a left deceleration/turn lane on CR 66 at the site whenever traffic
exceeds 10 vehicles per hour (VPH) turning left into the Property for an average daily peak
hour.
b Design and construct a left acceleration lane on CR whenever such a lane would be a
benefit to the safety and operation of the roadway. The County. in its sole discretion. shall
determine if a left acceleration lane is required. (Department of Public Works)
C. The applicant shall attempt to address the requirements (concerns) of the City of Greeley, as stated in
tie re'erra response cater Marti 9, 20'8. Evidence o' suc i sia be submitec in wri ing -o tie We d
Cow Department of Planning Services. (Department of Planning Services)
D. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0015. (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) The applicant shall delineate the trash collection areas. (Department of Planning Services)
5) All signs shall be shown on the map and 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)
6) The map shall delineate the lighting. if applicable. All lighting shall be shielded so that light rays
will not shine directly onto adjacent properties. (Department of Planning Services)
7) County Road 66 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 on the site plan the future and existing right-of-way All setbacks shall
be measured from the edge of future right-of-way This road is maintained by Weld County
(Department of Public Works)
8) 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)
9) Show and label the approved tracking control on the site plan (Department of Public Works)
RESOLUTION USR18-0015
SEAN AND ANNETTE JAEHN
PAGE 5
10) 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)
11) The applicant shall show the drainage flow arrows. (Department of Public Works)
12) 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 The Department of Planning Services respectfully 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.) Thisdigitalfilemaybesenttomaps@co.weld.co.us. (Department of
Planning Services)
5. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on -site construction. This site
requires a tracking control device and 100 feet of recycled asphalt or road base OR 300 feet of
asphalt for tracking control. (Department of Public Works)
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Public Works)
6. Prior to Operation:
A. Accepted construction drawings and construction of the off -site roadway improvements are required
prior to operation. (Department of Public Works)
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 USR18-0015
SEAN AND ANNETTE JAEHN
PAGE 6
Motion seconded by Michael Wades
VOTE.
For Passage
Bruce Johnson
Jordan Jemiola
Michael Wailes
Terry Cross
Tom Cope
Gene Stille
Lonnie Ford
Richard Beck
Against Passage Absent
Bruce Sparrow
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 May 15. 2018
Dated the 15th of May, 2018
'6466/It 411Whirt,
Kristine Ranslem
Secretary
RESOLUTION USR18-0015
SEAN AND ANNETTE JAEHN
PAGE 7
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Sean and Annette Jaehn
USR18-0015
A Site Specific Development Plan and Use by Special Review Permit. USR18-0015. 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 (an outdoor venue for weddings. graduations. parties, conferences, and other
similar 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 hours of operation are May 1 through October 1 31
1) Sunday thru Thursday - 11 a.m. - 10 p.m and amplified music will end at 9 p.m.
2) Friday and Saturday - 11 a m. — 12 midnight and amplified music will end at 10 p.m.
(Department of Planning Services)
4. The number of full-time employees shall be two (2) owners with a two (2) seasonal employees during
the summer (Department of Planning Services)
5. The parking area on the site shall be maintained (Department of Planning Services)
6. 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)
7. This site is located within the Airport Overlay District. (Department of Planning Services)
8. The property owner shall control noxious weeds on the site (Department of Public Works)
9. The access on the site shall be maintained to mitigate any impacts to the public road including damages
and/or off -site tracking. (Department of Public Works)
10 There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
11 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)
12. The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. (Department of Public Works)
13. The Improvements Agreement for this site shall be reviewed on an annual basis, including possible
updates (Department of Public Works)
14. Access will be along unmaintained County right-of-way and maintenance of the right-of-way will not be
the responsibility of Weld County (Department of Public Works)
15. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
RESOLUTION USR18-0015
SEAN AND ANNETTE JAEHN
PAGE 8
16 Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Public Works)
17 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)
18 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)
19 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. (Department of Public
Health and Environment)
20 Animal and feed wastes, bedding. debris and other organic wastes shall be disposed of so that vermin
infestation, odors, disease hazards. and nuisances are minimized. (Department of Public Health and
Environment)
21 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)
22. 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)
23. 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)
24. 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)
25. 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)
26. 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)
27 Building permits may be required. per Section 29-3-10 of the Weld County Code Currently. the
following have been adopted by Weld County 2012 International Codes. 2006 International Energy
Code. and 2017 National Electrical Code. A Building Permit Application must be completed and two (2)
complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer
must be submitted for review A Geotechnical Engineering Report performed by a Colorado registered
engineer shall be required or an Open Hole Inspection (Department of Building Inspection)
28. 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.
RESOLUTION USR18-0015
SEAN AND ANNETTE JAEHN
PAGE 9
29. 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.
30 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
31 RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT Weld County has some of the most
abundant mineral resources including, but not limited to. sand and gravel. oil, natural gas. and coal.
Under title 34 of the Colorado Revised Statutes. minerals are vital resources because (a) the state's
commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state
face a critical shortage of such deposits; and (c) such deposits should be extracted according to a
rational plan. calculated to avoid waste of such deposits and cause the least practicable disruption of
the ecology and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and person moving into these areas
must recognize the various impacts associated with this development. Often times, mineral resource
sites are fixed to their geographical and geophysical locations. Moreover. these resources are
protected property rights and mineral owners should be afforded the opportunity to extract the mineral
resource
32_ WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties
in the United States. typically ranking in the top ten counties in the country in total market value of
agricultural products sold The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture. Persons moving into a rural area must recognize and accept there are
drawbacks. including conflicts with long-standing agricultural practices and a lower level of services than
in town Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural
areas open views, spaciousness. wildlife, lack of city noise and congestion, and the rural atmosphere
and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld
County would quickly be gone forever
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area Well -run agricultural activities
will generate off -site impacts. including noise from tractors and equipment: slow -moving farm vehicles
on rural roads; dust from animal pens, field work. harvest and gravel roads; odor from animal
confinement, silage and manure: smoke from ditch burning; flies and mosquitoes; hunting and trapping
activities: shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in
the fields, including the use of aerial spraying It is common practice for agricultural producers to utilize
an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County Section 35-3.5-102, C R.S . provides that an agricultural operation shall not
be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production_
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County property owners and residents must realize they cannot take water from
irrigation ditches. lakes. or other structures. unless they have an adjudicated right to the water
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and
County roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of the
County. and the distances which must be traveled may delay all emergency responses, including law
RESOLUTION USR18-0015
SEAN AND ANNETTE JAEHN
PAGE 10
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
PC rnoutes
S-15-46
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, May 15, 2018
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,
Terry Cross, at 12:30 pm.
Roll Call.
Present: Bruce Johnson, Gene Stille, Jordan Jemiola, Lonnie Ford, Michael Wailes, Richard Beck, Terry
Cross, Tom Cope.
Absent: Bruce Sparrow.
Also Present: Kim Ogle, Chris Gathman, Diana Aungst, and Ryder Reddick, Department of Planning
Services; Lauren Light and Ben Frissell, Department of Health; Evan Pinkham and Hayley Balzano. Public
Works; Bob Choate, County Attorney, and Kris Ranslem, Secretary.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR18-0015
SEAN AND ANNETTE JAEHN
DIANA AUNGST
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 (EVENT VENUE FOR WEDDINGS, GRADUATIONS,
PARTIES, CONFERENCES, AND SIMILAR 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.
LOT A REC EXEMPT RE -1567, BEING PART E2SE4 SECTION 21, T6N. R65W
OF THE 6TH P.M., WELD COUNTY, COLORADO.
NORTH OF AND ADJACENT TO CR 66 AND APPROXIMATELY 0.2 MILES
WEST OF CR 43.
Diana Aungst, Planning Services, presented Case USR18-0015, reading the recommendation and
comments into the record. Ms. Aungst noted that the applicant submitted an email that addresses the
comments from the City of Greeley; therefore, staff is requesting that this Condition of Approval be removed.
Additionally, Staff has also received the signed traffic study. The Department of Planning Services
recommends approval of this application with the attached conditions of approval and development
standards.
Hayley Balzano, Public Works, reported on the existing traffic, access to the site and the drainage
conditions for the site. Ms. Balzano referred to a typo in the conditions of approval that requires offsite
improvements to design and construct a left deceleration/turn lane on CR 66. She stated it should read
that to design and construct a left deceleration/turn lane on CR 43 at CR 66.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Sean and Annette Jaehn, 20767 CR 66, stated that they purchased this property six (6) years ago and they
started restoring the historic home and barn. As a result of the restoration, many people suggested having
this as a place for weddings and other events. They believe it would fit in with the community and educating
the people about the history of Greeley and Weld County and also the history of farming.
Mr. Jaehn said that they had a traffic study done and it recommended that no turn lane be constructed as
there is minimal impact. He added that financially, it would kill their project. Additionally, he doesn't believe
there is any room for those turn lanes; therefore, the will request a waiver from the Board of County
Commissioners.
Commissioner Johnson said that there will be a lot of traffic on that road during October with the beat dump.
He agreed that the roadway is narrow. He cautioned the applicant that if they schedule any events during
October it might not be well received. Mr. Jaehn said that their proposed use ends before the approximate
A019 -/W1
Pt. as53
start of harvesting the beats, which is usually the first or second week in October. Ms. Jaehn noted that it
states in the staff report that it will run until October 31, but it should be October 1st
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Ms. Aungst recommended removing Condition of Approval 1.C in regard to the applicant attempting to
address the requirements of the City of Greeley as the applicant did submit an email stating that they have
received the City of Greeley's comments. Additionally, Ms. Aungst received a signed Traffic Impact Study
and recommended removing Condition of Approval 1.A. Ms. Aungst also recommended amending
Development Standard 3 to reflect the change to October 1.
Ms. Balzano recommended amending Condition of Approval 1.B.1.a to read "Design and construct a left
deceleration/turn lane on CR 43 at CR 66".
Motion: Amend the Staff Report as recommended by Staff, Moved by Jordan Jemiola, Seconded by
Gene Stille.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Johnson, Gene Stille, Jordan Jemiola, Lonnie Ford, Michael Wailes, Richard Beck, Terry Cross,
Tom Cope.
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 USR18-0015 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval.
Moved by Tom Cope, Seconded by Michael Wailes.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Johnson, Gene Stille, Jordan Jemiola, Lonnie Ford, Michael Wailes, Richard Beck, Terry Cross,
Tom Cope.
Meeting adjourned at 1:57 pm.
Respectfully submitted,
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Kristine Ranslem
Secretary
ATTENDANCE RECORD
NAME - PLEASE PRINT LEGIBLY
ADDRESS
EMAIL
John Doe
123 Nowhere Street, City, State, Zip
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