HomeMy WebLinkAbout20180520.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Michael Wailes, 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:
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CASE NUMBER: USR17-0055
APPLICANT: CHERRY KNOLLS, A GENERAL PARTNERSHIP, CIO BOB FRACHETTI AND
DAN LACOE
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AGRICULTURAL SERVICE ESTABLISHMENTS PRIMARILY
ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY OR
HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS, INCLUDING
ANIMAL BOARDING AND ANIMAL TRAINING FACILITIES, LIVESTOCK SALE
BARNS AND FACILITIES, RODEO ARENA, ROPING ARENA TO INCLUDE BOTH
INDOOR AND OUTDOOR ARENAS AND 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 EVENTS CENTER AND A
150 SPACE RV PARK WITH AN OFFICE) PROVIDED THAT THE PROPERTY IS
NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS
PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY
REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL)
ZONE DISTRICT.
LEGAL DESCRIPTION: LOT D REC EXEMPT RE -4994 BEING PART OF THE S2 SECTION 33, T1 N,
R65W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 2; APPROXIMATELY 2 MILES EAST OF CR
39.
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.
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.B.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 facility allows users of the site to develop their potential through experience with the agricultural
lifestyle. Achieve More uses a structured livestock stewardship program with hands-on teaching and
learning to teach values and help kids develop respectable character and confidence. There will be a
96,000 -square foot barn that will accommodate 600 swine, 400 lambs and goats, 80 cows, 100
horses/camelids, and 50 chickens/rabbits. A property this size is allowed 1,068 animal units per the
Weld County Code and the applicant is proposing --340 animal units.
There may be some year-round horse boarding use, temporary horse boarding by RV park guests
that are traveling with horses, and temporary use of the barn for housing animals during events such
livestock auctions or rodeo events or similar events. An outdoor rodeo arena is proposed north of the
livestock barn and will include spectator stands. Additionally, there will be an outdoor horse rodeo
arena, a community event center, a community park consisting of a grass field and playground, a
biking, hiking and horse trail, a community garden, and a family -oriented recreational vehicle (RV)
park. As Achieve More becomes established, all facilities, including the livestock barn, rodeo arena,
the community garden, playground, and the future event center will be available for use to supporters
and participants in Achieve More's programs.
RESOLUTION USR17-0055
CHERRY KNOLLS, A GENERAL PARTNERSHIP, C/O BOB FRACHETTI AND DAN LACOE
PAGE 2
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 the potable water will be provided by an existing permitted well
on the adjacent property. The application materials state that the well is approved for this use per a
Court Decree (Case No. 2004CW16) (Please see page 4; pp 16). Wastewater treatment will be
provided by an on -site wastewater treatment facility.
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 applicant has been in contact with the property owner to the west Confluence Resources and
Arete Land and Minerals, LLC (Confluence). Confluence is drilling 30 wells on this property and have
submitted a letter outlining potential impacts that may occur due to their drilling operation like noise,
traffic, and lights. The Town of Lochbuie has stated that landscaping should be place between CR 2
and the facility. The applicant submitted a letter dated January 26, 2018 addressing these comments.
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 two miles east of the Town of Lochbuie however the County does not have
an Intergovernmental Agreement with the Town of Lochbuie. Additionally, the applicant is proposing
fully engineered water treatment and wastewater treatment system to serve the users on this site.
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 2 is a paved road and will
require a left -turn deceleration lane for the eastbound traffic turning into the facility.
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 fifteen (15) referral agencies including the school district, the
Division of Water Resources, Henrylyn Irrigation District, 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.
B. Section 23-2-220.A.2. -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District Section 23-3-40.B.10, 14, 17, 18 and 23-3-40.S. which allows A Site Specific Development
Plan and Use by Special Review Permit for Agricultural Service establishments primarily engaged in
performing agricultural, animal husbandry or horticultural services on a fee or contract basis, including
animal boarding and animal training facilities, livestock sale barns and facilities, rodeo arena, roping
arena to include both indoor and outdoor arenas and 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 events
center and a 150 space RV park with an office) 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.
RESOLUTION USR17-0055
CHERRY KNOLLS, A GENERAL PARTNERSHIP, C/O BOB FRACHETTI AND DAN LACOE
PAGE 3
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 facility consists of indoor and outdoor agricultural event arenas as well as an RV park. The
facilities and utilities will be provided for all users and there are Conditions of Approval for road
improvements and drainage. 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.
The adjacent lands consist of pastures, crops, and rural residences. Adams County is south of the
site. The closest residence is north and adjacent to the site and owned by the co -applicant. There is
another residence about 250 feet east of the site.
According to the application materials the livestock barn will be setback from CR 2 and the west
property line approximately 450 feet. The livestock barn will be located behind a stand of 4 existing
mature cottonwood trees to provide screening from CR 2. There are berms along the Denver Hudson
Canal which provides screening from the property to the east. The rodeo complex will be sited north
of the livestock barn and will be screened by the livestock barn from the south.
There are five (5) USRs within one mile of this site. USR-1721 for a construction company, SUP -357
for a gravel pit, USR16-0026 for a natural gas pipeline, and amended AMUSR-112 for the parking and
storage of construction equipment are all located north of the site. USR-1616 for a trade school is
located west of the site.
The Weld County Department of Planning Services has received two letters from surrounding
property owners. One letter from the oil and gas company that is drilling on the parcel adjacent and to
the west of the site. This letter states that there may be congestion, lights, noise, etc. until all the wells
are drilled. The second letter is in support of this USR.
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 Town of Lochbuie. The Town submitted
referral agency comments dated December 13, 2017, concerning the private water treatment system,
and wastewater treatment system and requested a landscape plan that shows the screening of the
RV parking from the adjacent properties. A memo with concerns about the traffic was included from
Jeff Ream, PE, PTOE, Apex Design. The memo stated, in part, that the project [this USR] should
contribute a pro rata share to the Town of Lochbuie for the improvements planned for this road [CR
2]. And the project [this USR] should contribute a pro rata share to the Town of Lochbuie for the
improvements planned for this [CR 2/West Frontage Road] intersection. The applicant submitted a
letter dated January 26, 2018 addressing these comments and concerns.
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, a Special Flood Hazard Area or the
Airport Overlay District.
Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide
Road Impact Fee Program.
RESOLUTION USR17-0055
CHERRY KNOLLS, A GENERAL PARTNERSHIP, C/O BOB FRACHETTI AND DAN LACOE
PAGE 4
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 50 acres of soils designated as "Prime if they become irrigated" and
2 acres of soils designated as "Prime" and 126 acres of soils designated as "Other" per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. This 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:
1. Prior to recording the map:
A. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required. (Department of Public Works -Engineer)
B. An Improvements and Road Maintenance Agreement is required for off -site improvements at this
location. Road maintenance including, but not limited to dust control, tracking control, damage repair,
specified haul routes and future traffic triggers for improvements will be included. (Department of
Public Works)
C. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR17-0055. (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. Section 23-3-350. H of the Weld County
Code addresses the issue of trash collection areas. (Department of Planning Services)
5) The four signs shall adhere to the criteria as stated in the Development Standards and as
approved by the Board of County Commissioners on February 28, 2018. All other signs shall
adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld
County Code. All signs shall be shown on the map. (Department of Planning Services)
6) If applicable, the map shall delineate the lighting and shall adhere to Chapter the Weld County
Code. (Department of Planning Services)
RESOLUTION USR17-0055
CHERRY KNOLLS, A GENERAL PARTNERSHIP, C/O BOB FRACHETTI AND DAN LACOE
PAGE 5
7) County Road 2 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, 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)
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 and label the accepted drainage features and drainage flow arrows.
Water quality features or stormwater ponds should be labeled as "Water Quality
Feature/Stormwater Detention, No -Build or Storage Area" and shall include the calculated
volume. (Department of Public Works -Engineer)
12) Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Department of Public Works -Engineer)
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.). This digital file may be sent to maps(a,co.weld.co.us. (Department of
Planning Services)
5. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Public Works -Engineer)
B. 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 asphalt OR 300 feet of asphalt for tracking control.
(Department of Public Works)
6. Prior to Operation:
RESOLUTION USR17-0055
CHERRY KNOLLS, A GENERAL PARTNERSHIP, 0/O BOB FRACHETTI AND DAN LACOE
PAGE 6
A. Accepted construction drawings and construction of the off -site roadway improvements are required
prior to operation. Off -site roadway improvements include an eastbound left deceleration turn lane.
(Department of Public Works)
7. Prior to Issuance of Certificate of Occupancy for the livestock facility the deceleration lane shall be
installed. (Department of Public Works)
8. 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)
Motion seconded by Gene Stille.
VOTE:
For Passage
Bruce Johnson
Bruce Sparrow
Michael Wailes
Terry Cross
Tom Cope
Gene Stille
Lonnie Ford
Richard Beck
Against Passage Absent
Jordan Jemiola
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 February 6, 2018.
Dated the 6th of February, 2018
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
RESOLUTION USR17-0055
CHERRY KNOLLS, A GENERAL PARTNERSHIP, C/O BOB FRACHETTI AND DAN LACOE
PAGE 7
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Cherry Knolls Estates c/o Bob Frachetti and Dan LaCoe
USR17-0055
1 A Site Specific Development Plan and Use by Special Review Permit, USR17-0055, for Agricultural
Service establishments primarily engaged in performing agricultural, animal husbandry or horticultural
services on a fee or contract basis, including animal boarding and animal training facilities, livestock
sale barns and facilities, rodeo arena, roping arena to include both indoor and outdoor arenas and 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 events center and a 150 space RV park with an office) 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)
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:
1) The Achieve More Agricultural Complex 6:00 am to 7:00 pm, 7 -days a week
2) The RV park 24 -hours a day / 7 -days a week with quiet time between 10:00 p.m and 8:00 a.m.
(Department of Planning Services)
4 The number of full-time employees shall be two (2) with thirty (30) volunteers during large events.
(Department of Planning Services)
5 The number of animal units shall adhere to the number allowed per the Weld County Code. This parcel
is 178 acres so 1,068 animal units are allowed. (Department of Planning Services)
6. The parking area on the site shall be maintained. (Department of Planning Services)
7. The four signs shall adhere to the below criteria as approved by the Board of County Commissioners on
February 28, 2018:
1) Sign 1 for the Achieve More Agricultural Complex will be a permanent, freestanding sign;
4' x 8' in size and 6 feet tall. Located adjacent to access road onto property, facing CR 2.
2) Sign 2 for the Liberty Hill RV Park will be a permanent, freestanding sign;
4' x 8' in size and 6 feet tall. Located adjacent to access road onto property, facing CR 2.
3) Sign 3 for the Achieve More Livestock Barn (naming rights) will be a permanent, building mounted
or painted on building wall;
6' x 30' in size and 10 feet tall. Located south side of Livestock Barn (building exterior), facing CR 2.
4) Sign 4 for the Rodeo Arena (naming rights) will be a freestanding or mounted on a fence;
4' x 8' in size and 6 feet tall. Located in the outdoor rodeo arena area, located well within property
(north of livestock barn) thus not visible from CR 2.
All other 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)
nal security guards
the spectators sri, g any event. One (1) security guard
for a scheduled event with 250 people or more and an additional security guard for every 250 persons.
(Department of Planning Services)
. One (1) person
trained in emergency medical technology for every 350 persons during a scheduled event. (Department
of Planning Services)
RESOLUTION USR17-0055
CHERRY KNOLLS, A GENERAL PARTNERSHIP, C/O BOB FRACHETTI AND DAN LACOE
PAGE 8
10. One (1) ambulance be on - during any event. (D-partment of Planning services)
11. The property owner shall control noxious weeds on the site. (Department of Public Works)
12. 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)
13. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
14. 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)
15. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works - Engineer)
16. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Public Works - Engineer)
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., as amended. (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. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the
facility, at all times. (Department of Public Health and Environment)
24. Sewage disposal for the facility shall be by septic system. Any septic system located on the property
must comply with all provisions of the Weld County Code, pertaining to Onsite Wastewater Treatment
Systems. (Department of Public Health and Environment)
25. In the event the septic systems require a design capacity of over 2,000 gallons 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)
26. 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)
RESOLUTION USR17-0055
CHERRY KNOLLS, A GENERAL PARTNERSHIP, C/O BOB FRACHETTI AND DAN LACOE
PAGE 9
27. Temporary uses for a period of six months or less, portable toilets and bottled water are acceptable.
Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis
and available for review by the Weld County Department of Public Health and Environment. Portable
toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers.
(Department of Public Health and Environment)
28. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. In the event
the facility's water system serves more than 25 persons on a daily basis the water system shall comply
with the Colorado Primary Drinking Water Regulations (5 CCR 1003-1). If not subject to these
requirements, the Weld County Department of Public Health and Environment strongly encourages well
users to test their drinking water prior to consumption and periodically thereafter. (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. A building permit may be required, per Section 29-3-10 of the Weld County Code. Currently the
following has been adopted by Weld County: 2012 International Codes; 2006 International Energy
Code; 2014 National Electrical Code; A building permit application must be completed and two 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 registered State of Colorado
engineer shall be required or an open hole inspection. (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 USR17-0055
CHERRY KNOLLS, A GENERAL PARTNERSHIP, C/O BOB FRACHETTI AND DAN LACOE
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: 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.
Pc, minutes
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, February 6, 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 12:40 pm.
Roll Call.
Present: Bruce Johnson, Bruce Sparrow, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Terry
Cross, Tom Cope.
Absent: Jordan Jemiola
Also Present: Kim Ogle, Chris Gathman, and Jana Aungst, Department of Planning Services; Lauren
Light and Ben Frissell, Department of Health; Evan Pinkham and Hayley Balzano, Department of Public
Works; Bob Choate, County Attorney, and Kris Ranslem, Secretary.
Mots n: Approve the January 16, 2018 Weld County Planning Commission minutes, Moved by Bruce
Sparrow, Seconded by Gene Stille. Vation passed unanil ousDyo
CASE NUMBER: USR17-0055
APPLICANT: CHERRY KNOLLS, A GENERAL PARTNERSHIP, CIO BOB FRACHETTI AND
DAN LACOE
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AGRICULTURAL SERVICE ESTABLISHMENTS PRIMARILY
ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY OR
HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS, INCLUDING
ANIMAL BOARDING AND ANIMAL TRAINING FACILITIES, LIVESTOCK SALE
BARNS AND FACILITIES, RODEO ARENA, ROPING ARENA TO INCLUDE
BOTH INDOOR AND OUTDOOR ARENAS AND 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 EVENTS CENTER
AND A 150 SPACE RV PARK WITH AN OFFICE) PROVIDED THAT THE
PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION
PLAT OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF
ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT D REC EXEMPT RE -4994 BEING PART OF THE S2 SECTION 33, T1 N,
R65W OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 2; APPROXIMATELY 2 MILES EAST OF
CR 39.
Diana Aungst, Planning Services, presented Case USR17-0055, reading the recommendation anc
comments into the record. Ms. Aungst noted that two letters were received regarding this request. One
letter was received from an oil and gas compny adjacent to the site indicating that there will be traffic
congestion, lights and noise until all the wells are drilled. The second letter was in support of this request.
The Department of Planning Services recommends approval of this application with the attached conditions
of approval and development standards.
Commissioner Sparrow asked if there will be a fence next to the ditch to keep animals and kids away. Ms.
Aungst stated that the applicant has been diligently working with Henrylyn Ditch Company and they will
install a fence to prevent animals and kids entering the ditch.
Evan Pinkham, Public Works, reported on the existing traffic and access to the site. Mr. Pinkham stated
that the applicant is proposing to build the site in phases; therefore, staff is reviewing a new study submitted
by the applicant on the installation of improvements according to the proposed phases.
Hayley Balzano, Engineering, reported on the drainage conditions for the site.
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Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Bob Frachetti and Dan LaCoe. Mr. Frachetti said that they are proposing an agricultural complex on 178
acres. The complex is primarily infrastructure to support a company that Mr. LaCoe started, which is a
503(c)3 company called Achieve More. The complex will include a livestock barn, indoor show arena,
outdoor horse rodeo arena, community center, community park and playground, hiking and horse trails,
community garden, family rented RV park and 130 acres in active farmland. Mr. Frachetti noted that Mr.
LaCoe lives adjacent to the site.
Dan LaCoe stated that this proposal is to provide an opportunity for kids to get involved in the community
and agriculture. This will allow kids who don't necessarily live in agricultural areas to contract with them, at
no expense to them, to raise their animals. He added that the kids will feed and be responsible for their
animals, under their direction.
Mr. Frachetti provided a description of the layout of the site. He said that the RV Park will target the
participants of Achieve More programs, agricultural travelers, as well as recreational travelers and families.
He added that they are proposing a 30 -day maximum stay.
Mr. Frachetti said that they have met with the ditch company and their engineer and are waiting to hear
from the Ditch Board's discussion regarding their mitigation concerns.
Mr. Frachetti said that they are also working with a landscape architect for landscape buffering.
Mr. Frachetti referred to Development Standard 8 in the Staff Report and requested an amendment to
require one (1) security guard per 250 persons. Additionally, they requested an amendment to
Development Standard 9 regarding required EMT's on site and Development Standard 10 regarding the
requirement for an ambulance on site. He added that they are 10 minutes from a hospital, unless such an
event they feel would require an ambulance to be present.
Commissioner Ford clarified if they will be charging for the RV park. Mr. Frachetti replied yes. Mr. LaCoe
said that they are building this site in phases as finances allow.
Commissioner Ford asked who will manage all these people that will be taking care of the animals. Mr.
LaCoe said that he will be in charge, however there will be several volunteers such as parents and people
from the community.
Commissioner Sparrow wished to clarify the length of stay at the RV park. Mr. LaCoe said that their intent
is for one (1) overnight stay; however, they found that it will be used for longer when people are showing
their animals at events. He added that they will stipulate a 30 -day maximum stay.
Commissioner Beck asked when the anticipated completion date will be. Mr. LaCoe replied that they are
expecting the date of completion in June of 2019.
Commissioner Cope referred to the anticipated traffic and said that 800 vehicles per day is a lot of traffic.
He asked how the applicant came up with that number. Mr. LaCoe said that the traffic engineer put those
numbers together and added that he didn't feel that number is realistic.
Commissioner Cope referred to the proposed reuse of water and asked what kind of storage will be onsite
during the winter when it is not being recycled. Mr. Frachetti said that they will have a groundwater
discharge permit as well. Mr. Cope asked if they would be capable to store the water. Mr. LaCoe said that
a pond is located on site for the treated water.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Roger Allgeier, 27000 168th Avenue, Brighton, Colorado, stated that that the idea is great but he has several
concerns. He asked if there will be water storage and what will the capacity be as it will not keep up with
the demand of usage. He asked if the fire district is going to require sprinkler systems for any of the
2
buildings. Additionally, he asked how the RV park relates to a 503(c)3 corporation when it will charge fees
and expressed concern for the length of stay at the RV park.
Mr. Allgeier inquired about the traffic study and provided a traffic count of the vehicles past his home during
a specific time period of the day.
Clint Brown, 1803 Golden Willow Court, Ft. Collins, stated that he represents the Henrylyn Irrigation District.
Their concerns are along the fence and property line mainly with the playground and community park
located adjacent to the ditch. He added that they are also concerned with the lagoon placed adjacent to
the ditch since it is an unlined lagoon. He said that the structures adjacent to the ditch are their main
concerns so that they have access to their ditch for maintenance.
Mark and Jamie Longhurst, 27550 East 168th Ave, stated that they live south and east of this proposed
project. Mr. Longhurst stated that they are not opposed to the concept. He said that with the large number
of animals to be taken care of daily it will increase the traffic on County Road 2. He expressed concerns of
the long-term RV parking and suggested limiting the stay to 14 days.
Ms. Longhurst said that it seems this is another county fair with all the congestion and traffic and asked
why we need another one. She added that there is a trailer behind Mr. LaCoe's office and asked if it is
temporary or will be permanent.
Mr. LaCoe said that the water storage they have proposed will meet all the Colorado State regulations with
a 50,000 -gallon storage tank. With regard to the sludge, he added that another property will be used to
apply and will be managed by McDonald Farms.
Commissioner Sparrow asked about who will take care of the animals if there is a snow storm and no one
can get there. Mr. LaCoe said that during the winter they don't anticipate having animals at capacity. He
added that the individuals will be staying in RVs and will be able to take care of the animals as they will be
on site. They have no intention to have long-term stay; however, they are proposing 30 -day stay for families
that have more of a distance to travel that want to be part of this facility.
Commissioner Cross referred to the trailer on site and asked if it will be permanent. Mr. LaCoe said that
when they obtained their Use by Special Review on the adjacent property they were allowed to park their
trailer. He added that it is not used as a residence.
The Chair referred to the three development standards the applicant wished to amend.
After some discussion, Commissioner Wailes suggested amending Development Standard 8 to read "One
(1) security guard for a scheduled event with 250 people or more and an additional security guard for every
250 persons".
Additionally, Commissioner Wailes suggested amending Development Standard 9 to read "One (1) person
trained in emergency medical technology for every 350 persons during a scheduled event".
Motion: Amend Development Standard 8 and 9, as suggested and delete Development Standard 10,
Moved by Michael Wailes, Seconded by Gene Stille.
Vote: Motion passed (summary: Yes = 5, No = 3, Abstain = 0).
Yes: Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Terry Cross.
No: Bruce Johnson, Bruce Sparrow, Tom Cope.
Commissioner Johnson said that he feels there needs to be a smaller number that would be an exception
to that.
Commissioner Sparrow agreed with Mr. Johnson and felt it should be 100-250 persons.
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.
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Motion: Forward Case USR17-0055 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 Michael Wailes, Seconded by Gene Stille.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Johnson, Bruce Sparrow, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Terry Cross,
Tom Cope.
Commissioner Wailes expressed excitement for this project and wished the applicants luck.
Commissioner Sparrow echoed Mr. Wailes comments.
Meeting adjourned at 5:48 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
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ATTENDANCE RECORD
NAME
ADDRESS
John Doe
123 Nowhere Street, City, State, Zip
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