HomeMy WebLinkAbout20183254.tiff EXHIBIT
BEFORE THE WELD COUNTY. COLORADO. PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Johnson. 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: USR18-0028
APPLICANT BLUE PILL, LLC AND TIMOTHY DITTMER
PLANNER MICHAEL HALL
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A RECREATIONAL FACILITY (35 SEASONAL COMMERCIAL
CAMPING SITES). MORE THAN THE NUMBER OF CARGO CONTAINERS
ALLOWED AS A USE BY RIGHT PER LEGAL LOT OR PARCEL (5 CARGO
CONTAINERS), AND USES SIMILAR TO THE USES LISTED ABOVE
(AGRITOURISM EVENT CENTER INCLUDING AN AMPHITHEATER AND
COVERED STAGE AND AN AQUAPONICS AND HYDROPONICS GREENHOUSE
AND CLASSROOM FACILITY) AS USES BY SPECIAL REVIEW AS LONG AS THE
USE COMPLIES WITH THE GENERAL INTENT OF THE A (AGRICULTURAL)
ZONE DISTRICT. IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION E2NW4NW4/NE4NW4 AND EAST 15 FEET OF W2NW4NW4 OF SECTION 32 .
T1N . R66W OF THE 6TH P.M. . WELD COUNTY. COLORADO.
LOCATION SOUTH AND ADJACENT TO COUNTY ROAD 4 (NEW ENERGY DRIVE ).
APPROXIMATELY 0. 22 MILES EAST OF MAIN STREET
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.A. 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.
The proposed commercial facility is directly related to agriculture. A major component of
FarmLab USA is agricultural education based around teaching and promoting alternative
methods of agriculture. The uses in the greenhouse include research. testing. hydroponic and
aquaponics cultivation. storage and sale of a variety of agricultural products. The classes will
educate citizens and promote agricultural in the community. The surrounding land uses are
predominately agriculture and rural residential and the proposed use will not minimize these
uses. No productive agricultural land will be removed from production. Additionally. the site
accesses onto a collector road and is approximately 0.5 miles east of State Highway 85 which
provides adequate infrastructure for the public to access the site.
Section 22-2-20 A. 2. - 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. "
Currently. the 60-acre site is not currently used for any agriculture purposes and the
proposed use will bring an agriculturally aimed business to the site. The proposed facility will
occupy a portion of the site which is unused for farming. Besides the educational component.
RESOLUTION USR18-0028
BLUE PILL LLC AND TIMOTHY DITTMER
PAGE 2
the amphitheater and camping uses will provide an agri-tourism destination venue. The
amphitheater will host a variety of events that are drawn to the site by the rural character and
agriculture nature. The camping will allow the patrons to experience the agricultural setting
and tradition of Weld County.
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. C . — Uses by special review. of the Weld County Code allows. "Recreational
facilities and uses including public or commercial camping and commercial recreational
facilities". This provision allows for the tent and RV camping component.
Section 23-3-40.W. — Uses by special review. of the Weld County Code allows, "Uses similar
to the uses listed above as Uses by Special Review as long as the use complies with the
general intent of the A (Agricultural) Zone District. " This provision allows for the agritourism
event center including an amphitheater and covered stage and an aquaponics and
hydroponics greenhouse and classroom facility.
Section 23-3-40. BB . — Uses by special review. of the Weld County Code allows. "More than
the number of cargo containers allowed as a use by right per legal lot or parcel." This
provision allows for five (5) cargo containers on the property compared to the two (2 ) cargo
containers allowed as an accessory 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 farmland . commercial industrial . rural residences and oil and
gas operations. The City of Brighton city limits are directly north of and adjacent to the site.
There are nine (9) properties immediately adjacent to the site. four (4) with residences
located on them. The applicant owns one other lot that is contiguous to the subject site which
contains a residence.
There is a mix of commercial and industrial uses in the area in both Brighton city limits and
unincorporated Weld County, permitted with a mix of Use by Special Reviews and Site Plan
Reviews. There are fifteen ( 15) USRs within one mile of this site. primarily located to the
northwest of the site. along the Highway 85 corridor. USRs include a construction company.
research, repair and manufacturing business. mineral resources development facilities. gravel
mining pits, maintenance and storage shops. commercial junk and salvage yards. concrete
batch plant. water skiing club, and feedlot. The Vestas Plant is directly north of the property.
The Weld County Department of Planning Services sent notice to eight (8) surrounding
property owners within 500 feet of the proposed USR boundary. Planning staff received one
( 1 ) letter in opposition to this USR , dated April 12. 2018. The letter outlined concerns with
declining traditional agricultural practices. traffic congestion. potential failure of the business,
campground guests and nuisances. and incompatibility with the area.
The Nuisance Management Plan as submitted in the application. Improvements Agreement,
Conditions of Approval and Development Standards should adequately address these
concerns.
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
RESOLUTION USR18-0028
BLUE PILL. LLC AND TIMOTHY DITTMER
PAGE 3
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 Adams County. City of Brighton ,
City of Fort Lupton and Town of Lochbuie. The site is located in the Coordinated Planning
Agreement boundary of Fort Lupton, and the Fort Lupton referral dated April 9 . 2018 had no
concerns with the USR. Adams County and Lochbuie did not respond.
The site is located in the Urban Growth Boundary of City of Brighton and the Brighton referral.
dated June 7. 2018 expressed concerns. Brighton requests that the site be annexed into the
municipal limits and opposes this development in the County due to incompatibility with
surrounding land uses. The referral outlined concerns that adequate utility services are not
currently available to the site and that the festival events will have major impacts to the
surrounding properties. Specifically, concerns that traffic will have a significant impact on the
road infrastructure. noise and light levels from the events and hours of operation past 9: 00
pm will be a nuisance to the agricultural and rural residential area . odor and visual impacts
from the generator and portable toilets. and visual impacts of the cargo containers.
However, by addressing the Brighton referral comments as a condition of approval , the
applicant should be able to mitigate the concerns. Additionally. the development standards
and proposed tree screening and berming around the site should buffer the activities from
surrounding property owners and the roadways.
E. Section 23-2-220.A. 5 -- The application complies with Chapter 23. Articles V and Xl . of the
Weld County Code.
The site is not located in the A-P (Airport) Overlay District, Geologic Hazard Overlay District.
Special Flood Hazard Area, MS4 area or Regional Urbanization Area.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County-Wide Road Impact Fee Program .
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 is located on soils designated as "Prime if they become irrigated.' per
the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The subject
site is not currently used for agricultural purposes and the proposed USR will not further
remove any active farm ground from production. The proposed USR is located on a small
portion of the site and if farming was ever desired . there would be sufficient room to farm.
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's recommendation for approval is conditional upon the following
RESOLUTION US
R18-0028
ION USR 8-0028
BLUE PILL. LLC AND TIMOTHY DITTMER
PAGE 4
1 . Prior to recording the map:
A. The applicant shall submit a landscape and screening plan to the Weld County Department of
Planning Services for review and approval. The screening plan shall address screening
between the amphitheater parking area and surrounding property owners and public right-of-
ways. (Department of Planning Services)
B. The applicant shall submit a lighting plan to the Weld County Department of Planning
Services for review and approval. (Department of Planning Services)
C. The applicant shall submit a noise abatement plan . including the ability to meet the
Commercial Zone noise standards from the edge of the property. to the Weld County
Department of Planning Services for review and approval . (Department of Planning Services)
D. The applicant shall address where the amphitheater equipment will be stored when not in
use. (Department of Planning Services)
E. The applicant shall address the requirements and concerns of the City of Brighton as stated
in the referral response dated 06/07/2018. Evidence of such shall be submitted in writing to
the Weld County Department of Planning Services. (Department of Planning Services)
F. 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. (Department of Public Works)
1 ) Immediate off-site improvements to be completed prior to operation:
a. Design and construct a left deceleration/turn lane on CR 4 at the western
access.
b. Design and construct a left deceleration/turn lane on CR 4 at the eastern
access.
2) Future off-site improvements to be completed:
a. Design and construct a left deceleration/turn lane on CR 47 whenever traffic
exceeds 10 vehicles per hour (VPH) turning left into the Property for an
average daily peak hour.
b. Design and construct a right deceleration/turn lane on CR 47 whenever
traffic exceeds 25 VPH turning right into the Property for an average daily
peak hour.
c. Design and construct a left acceleration lane on CR 47 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.
G . 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)
H. All septic systems located on the property shall have appropriate permits/documentation from
the Weld County Department of Public Health & Environment. The Environmental Health
Division of the Weld County Department of Public Health & Environment was unable to locate
a septic permit for the existing residence. Any existing septic system which is not currently
permitted/documented through the Weld County Department of Public Health & Environment
will require an OWTS Evaluation prior to the issuance of the required septic
permit/documentation. In the event the system is found to be inadequate. the system must
RESOLUTION USR18-0028
BLUE PILL. LLC AND TIMOTHY DITTMER
PAGE 5
be brought into compliance with current OWTS regulations. (Department of Public Health &
Environment)
The applicant shall submit written evidence from the Colorado Division of Water Resources,
demonstrating that a well is appropriately permitted for the commercial use. (Department of
Public Health & Environment)
J . The map shall be amended to delineate the following:
1 ) All sheets of the map shall be labeled USR18-0028. ( 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 the five (5) proposed cargo containers. (Department
of Planning Services)
5) Show and label the location of existing buildings. (Department of Planning Services)
6) Show and label the location of the landscape berms. (Department of Planning Services)
7) 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)
8) Show and label the lighting including light poles and on-site directional wayfinding
lights_ All lighting shall be shielded so that light rays will not shine directly onto
adjacent properties and shall adhere to Section 23-2-250. D of the Weld County
Code. (Department of Planning Services)
9) Show and label the amphitheater parking area for the vendors. patrons. and
employees_ as well as all ADA parking. (Department of Planning Services)
10) Provide a detailed map of the eastern facility including the greenhouse. classroom .
caretaker apartment building and parking area. (Department of Planning Services)
11 ) Remove the lot lines and reference to the withdrawn recorded exemption. (Department
of Planning Services)
12 ) If applicable. 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)
13) 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)
14 ) 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)
15) County Road 4 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)
RESOLUTION USR18-0028
BLUE PILL LLC AND TIMOTHY DITTMER
PAGE 6
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 the approved Municipality of Brighton accesses on the site plan and label with
the approved access permit number if applicable. (Department of Public Works)
18) Show and label the approved tracking control on the site plan. ( Department of Public
Works)
19) If applicable. show and label the entrance gate. 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)
20) The applicant shall show and label the accepted drainage features and drainage flow
arrows. Stormwater ponds should be labeled as "Stormwater Retention, No-Build or
Storage Area" and shall include the calculated volume. (Department of Public Works)
21 ) Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Public Works)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one ( 1 ) electronic copy
(. pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon
approval of the map the applicant shall submit a Mylar map along with all other documentation
required as Conditions of Approval . The Mylar map shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The map shall be prepared in
accordance with the requirements of Section 23-2-260. D of the Weld County Code. The Mylar map
and additional requirements shall be submitted within one hundred twenty ( 120) days from the date of
the Board of County Commissioners Resolution . The applicant shall be responsible for paying the
recording fee. (Department of Planning Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30. 2012 . should the map
not be recorded within the required one hundred twenty ( 120) days from the date of the Board of
County Commissioners Resolution, a $50. 00 recording continuance charge shall added for each
additional three (3) month period . (Department of Planning Services)
4. Prior to Construction .
A. 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)
B. 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 Operation:
A. Accepted construction drawings and construction of the off-site roadway improvements are
required prior to operation. (Department of Public Works)
B. The applicant shall develop and Emergency Action and Safety Plan with the Office of
Emergency Management and the Fire District. The plan shall be reviewed on an annual basis
by the Facility Operator the Fire District and the Weld County Office of Emergency
Management. The applicant shall submit evidence of acceptance to the Department of
Planning Services ( Department of Planning Services)
RESOLUTION USR18-0028
BLUE PILL. LLC AND TIMOTHY DITTMER
PAGE 7
6. 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@co.weld.co.us.
(Department of Planning Services)
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 Tom Cope.
VOTE:
For Passage Against Passage Absent
Bruce Johnson
Bruce Sparrow
Michael Wailes
Tom Cope
Gene Stille
Lonnie Ford
Richard Beck
Elijah Hatch
Skip Holland
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 , Michelle Wall. 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 October 2, 2018.
Dated the 2nd of October, 2018
'tali] foll Writ-
Michelle Wall
Secretary
RESOLUTION USR18-0028
BLUE PILL. LLC AND TIMOTHY DITTMER
PAGE 8
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Farm Lab USA
USR18-0028
1 . A Site Specific Development Plan and Use by Special Review Permit for a recreational facility (35
commercial camping sites). more than the number of cargo containers allowed as a use by right per
legal lot or parcel (5 cargo containers), and uses similar to the uses listed above (agritourism event
center including an amphitheater and covered stage and an aquaponics and hydroponics greenhouse
and classroom facility) as Uses by Special Review as long as the use complies with the general intent
of the A (Agricultural) Zone District. 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 operator shall be in compliance with the annual Emergency Incident Action Plan. and work with
tie Wed County Office o- Emergency Management. -ucson 7-ire protection Dis tic: anc __aw
Enforcement to Dre Dare a response D an :or a events anc ensure ha there is notrca-ion 'o tiose
agencies arior 'o -le event to pan for any consequencemanagemen ' ( nciden • 2 an). (Department of
Planning Services)
4. The hours of operations are.
a. Amphitheater events. 7: 00 am to midnight from April 1st to September 30'h with a maximum of
five (5) events per week.
b. Commercial campground . 24 hours/day on weekends only from April 15' to September 30'h
c. Classroom/greenhouse facility are 8 00 am to 8 : 00 pm . year-round.
(Department of Planning Services)
5. The maximum number of tent camp-sites shall be thirty (30). The maximum of RV camp-sites shall be
five (5) . cDepartment of Planning Services)
6. If selling or distributing alcohol. a liquor license shall be obtained from the Weld County Board of
County Commissioners prior to serving. (Department of Planning Services)
7. The maximum number of cargo containers shall be five (5). (Department of Planning Services)
8- The minimum number o- fu time emo oyees sna be 'our 21. Department o' 2 arming Servic,es7
9. Two (2) security guards for the first 300 100 persons attending the event and five (5) one (1 )
additional security guards for security- within and among-the spectators each additional 50 persons
after that shall be on site during any event. (Department of Planning Services)
10. Two (2) One ( 1 ) persons trained in emergency medical technology for the first 300 every 150 persons
shall be on site during any event. (Department of Planning Services)
11 . One ( 1 ) ambulance shall be on site during any event where there are 200 persons or greater.
(Department of Planning services)
12. A clean and sanitary enclosure where medical treatment may be rendered will be available on site
during any event. (Department of Planning Services)
13. The maximum number of classroom participants shall be thirty (30). (Department of Planning
Services)
RESOLUTION USR18-0028
BLUE PILL LLC AND TIMOTHY DITTMER
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14. The maximum number of event patrons shall be three-hundred (300) . ( Department of Planning
Services)
15. A Temporary Assemblage Permit must be obtained by the Weld County Clerk to the Board for any
events that exceed 350 patrons. A maximum of 10 of events that exceed 350 may be issued per
calendar year. (Department of Planning Services)
16. No weapons, contraband or illegal gambling shall be allowed on the property. (Department of
Planning Services)
17. The parking area on the site shall be maintained . (Department of Planning Services)
18. 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)
19. The property owner shall control noxious weeds on the site. (Department of Public Works)
2.0. 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)
21 . There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized.
(Department of Public Works)
22 . 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)
23. The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. (Department of Public Works)
21 . Me mprovements Agreement for his site sna be reviewec on an annua basis. inc-using possib.e
updates. (Department of Public Works)
25. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
26. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
27. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act. 30-20-
100.5. C . R S.) shall be stored and removed for final disposal in a manner that protects against surface
and groundwater contamination . (Department of Public Health and Environment)
28. 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. Section 30-20-100. 5, C. R. S. (Department of Public Health and Environment)
29. Waste materials shall be handled . stored , and disposed of 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)
30. Fugitive dust should 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)
31 . 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)
RESOLUTION USR18-0028
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32. 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)
33. 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)
34. Any septic system located on the property must comply with all provisions of the Weld County Code.
pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment)
35. In the event the facility's water system serves more 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)
36. 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)
37. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
38. 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)
39. 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)
40. 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.
41 . 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.
42. 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.
RESOLUTION USR18-0028
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43. 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.
44. 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
RESOLUTION USR18-0028
BLUE PILL. LLC AND TIMOTHY DITTMER
PAGE 12
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.
FL N\ww.4cs EXHIBIT
3
S
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING 9
O5R_ I q -- oo?1/4
Tuesday, October 2 . 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.
Michael Wades. at 12: 30 pm.
Roll Call:
Present: Bruce Johnson, Bruce Sparrow. Skip Holland . Lonnie Ford . Michael Wailes. Richard Beck. Tom
Cope.
Absent: Elijah Hatch. Gene Stille
Also Present, Kim Ogle. Chris Gathman . Michael Hall. Angela Snyder. Department of Planning Services,
Lauren Light and Ben Frissell. Department of Health, Evan Pinkham, Public Works, Frank Haug. County
Attorney, and Michelle Wall, Secretary.
CASE NUMBER: USR18-0028
APPLICANT: BLUE PILL. LLC AND TIMOTHY DITTMER
PLANNER MICHAEL HALL
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW PERMIT FOR A RECREATIONAL FACILITY (35 SEASONAL
COMMERCIAL CAMPING SITES). MORE THAN THE NUMBER OF
CARGO CONTAINERS ALLOWED AS A USE BY RIGHT PER LEGAL
LOT OR PARCEL (5 CARGO CONTAINERS). AND USES SIMILAR
TO THE USES LISTED ABOVE (AGRITOURISM EVENT CENTER
INCLUDING AN AMPHITHEATER AND COVERED STAGE AND AN
AQUAPONICS AND HYDROPONICS GREENHOUSE AND
CLASSROOM FACILITY) AS USES BY SPECIAL REVIEW AS LONG AS
THE USE COMPLIES WITH THE GENERAL INTENT OF THE A
(AGRICULTURAL) ZONE DISTRICT. IN THE A (AGRICULTURAL) ZONE
DISTRICT.
LEGAL DESCRIPTION E2NW4NW4/NE4NW4 AND EAST 15 FEET OF W2NW4NW4 OF
SECTION 32 , Ti N . R66W OF THE 6TH P . M . . WELD COUNTY.
COLORADO.
LOCATION SOUTH AND ADJACENT TO COUNTY ROAD 4 (NEW ENERGY DRIVE) .
APPROXIMATELY 0.22 MILES EAST OF MAIN STREET.
Michael Hall. Planning Services. presented Case USR18-0028, reading the recommendation and
comments into the record. The City of Brighton's referral response expressed concerns with the USR. The
referral outlined concerns that the site is incompatible with surrounding land uses. that adequate utilities
may not be currently available to the site. that festival events will have a major impact to surrounding
property owners_ traffic. noise. light levels. hours of operation . odor and visual impacts. The Planning
Department received one letter in opposition from a surrounding property owner. The letter outlined
concerns with declining traditional agricultural practices. traffic. congestion . potential failure of the business.
campground guests and their nuisances, and overall incompatibility with the area. The applicant has
submitted a revised USR map that attempts to mitigate the City of Brighton's concerns and the concerns of
the surrounding property owner_ The Department of Planning Services recommends approval of this
application with the attached conditions of approval and development standards.
Evan Pinkham, Public Works. reported on the existing traffic, access to the site and drainage conditions for
the site.
Commissioner Ford asked which way the expected traffic will leave the site after an event. Mr. Pinkham
replied that he did not see a depiction on the expected traffic flow. He said he would expect more traffic
will come from the east which will warrant the turn lanes. Mr. Pinkham said he thinks there will be an equal
distribution of traffic. Commissioner Ford asked if Public Works expects County Road 4 to be closed at
Highway 85. Mr Pinkham said he was not aware of that closing but can look at the list.
Lauren Light. Environmental Health . reviewed the public water and sanitary sewer requirements. on-site
dust control . and the Waste Handling Plan.
Commissioner Ford asked if these events with 300 people are going to use bottled water and portable
toilets. Ms. Light said yes. Commissioner Ford asked how the 5 RV trailers are going to get their water.
Ms. Light explained that if the trailer is self-contained . they can bring in their own water. She said it is a
temporary use. Commissioner Ford asked if all the people camping in the tents will be using the bottled
water. Ms. Light said that is what is listed on the application but suggested Commissioner Ford address
the applicant with further questions.
Kelsey Bruxvoort, 3050 67th Avenue. Greeley. Colorado. is representing Timothy Dittmer and Blue Pill.
LCC . The applicant is proposing a USR for an agritourism event center including an amphitheater and
covered stage for up to 300 people with 35 camping sites that include 30 tent sites and 5 RV sites. There
will be a greenhouse and classroom facility for up to 30 people. There will be 5 cargo containers on site.
Ms. Bruxvoort explained that the site has been recently redesigned in response to the City of Brighton and
Mr. Hiller's concerns. The location of the venue was moved further away and have provided more
landscaping and berming . The applicant said the site will allow patrons to experience an agricultural setting
and the tradition of Weld County. The greenhouse/classroom will allow research . testing. hydroponics and
aquaponics cultivation, storage and sale of a variety of agricultural product. The hours of operation for the
amphitheater will be from 7: 00 a. m. through Midnight. April 1s' — September 30th. with a maximum of 5
events per week. The hours for the campground are 24 hours per day on weekends only from April 1st —
September 30'. The hours of the classroom/greenhouse facility are 8: 00 a.m. - 8: 00 p. m. . year-round .
The applicant expects to have approximately 4 full-time employees and support staff as needed. Water
bottles and portable toilets will be used for the amphitheater and campground. There will be well and septic
provided in the classroom. The applicant is proposing security personnel of 2 for the first 100 guests. and
1 additional security professional for each additional 100 people. They are also proposing emergency
responders of 1 for every 150 guests. They plan to have an emergency tent where medical treatment may
be rendered.
Commissioner Ford asked the applicant if they need to get a permit for each event held at their
amphitheater. Ms. Bruxvoort replied no and added that the events will be covered under the USR. Mr. Hall
explained that the applicant is eligible to apply for 10 Temporary Seasonal Permits per year which will allow
350 patrons at those events. but the USR will cover any event with 300 patrons or less. Commissioner Ford
expressed his concern about the welfare of all the people there who are using bottled water and portable
toilets. The applicant stated it is in the property owners best interest to provide adequate water and portable
toilets and operate a clean operation .
Commission Sparrow asked if most of the traffic will come from the east. Ms. Bruxvoort replied that is what
is expected. She said that the Union Pacific Railroad is planned on being closed at County Road 4. There
was discussion on all the roads that can be used to get to the site.
Commissioner Sparrow asked the applicant what type of events are planned to be held at the amphitheater.
Ms. Bruxvoort said it would be marketed for a variety of events that may include inspirational speakers. a
church may rent the venue on Sunday mornings. but concerts will most likely be the typical use.
Commissioner Cope asked if the amphitheater would be rented for each event. Ms. Bruxvoort said yes but
it would still be managed by the property owners.
Commissioner Holland asked the applicant if any type of event is allowed at the facility and does not have
to be related to agricultural. Ms. Bruxvoort replied that she feels that events will be drawn to the site based
on the agricultural nature. Commissioner Holland said he agrees with Commissioner Ford that he has
concerns about the sanitary operation of this site with bottled water and portable toilets.
Commissioner Beck asked the applicant about their feelings on the referral from the City of Brighton
requesting annexation with them and that the proposal should be denied. Ms. Bruxvoort stated that in order
to annex there needs to be a community of interest between the City and the property owner. She said
there is not one in this case because Brighton will deny the proposal.
Mr. Pinkham . Public Works. gave an update on the closure of County Road 4 . Union Pacific. CDOT and
the City of Brighton will end up closing County Road 4 sometime in the future but the timeframe is unclear.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
forclarification if h r wil 7 rit personnel at
The Chair read Development Standard 9. He asked tee will be security p s
an event for 300 people. Mr. Hall said that is correct with how it reads. The Chair pointed out it does not
state how many security guards are required for every 350 persons after that like it is worded in
Development Standard 10. Mr. Hall agreed and said it should be consistent with the wording in
Development Standard 10. The Chair told the applicant that he noticed in their presentation . they are
requesting 2 security personnel for the first 100 and 1 additional for each 100 patrons. He also said they
propose 1 emergency responder for every 150 participants. Ms. Bruxvoort stated they want more
clarification on Development Standards 9 and 10. They need more clarification of requirements because
there may be an event with 20 people or 100 people. There is a separation of events between the
greenhouse. a concert and overnight camping. The applicant said they agree they need security for an
amphitheater event. but not for a classroom of 30 participants. The Chair agreed that high security should
not be needed for the classroom. Mr. Hall clarified that security is only for events. it does not pertain to the
classroom.
Commissioner Johnson asked about the plat map showing 2 existing augmentation ponds. He asked the
applicant what they are augmenting for. Ms. Bruxvoort explained that is for the Central Colorado Water
Conversancy District and it is not a part of this proposal. The ponds will be fenced off.
Commissioner Cope asked if the access road into the site is a dirt road. Ms. Bruxvoort said that was correct.
Commissioner Cope asked what the applicant is proposing for dust abatement. The applicant said they
will provide watering of services when needed. They are also willing to provide additional tracking control
if required . She added that there is currently tracking control provided at the entrance from the oil and gas
company. Commissioner Cope asked who will decide when the watering is needed . Ms. Bruxvoort
explained dust is required to be kept under control.
Ms. Bruxvoort requested that Development Standard 9 be changed to read Two (2) security guards for the
first 100 persons attending the event and one ( 1 ) additional security guard for each additional 100 persons. "
She is requesting Development Standard 10 be changed to read "One ( 1 ) person trained in emergency
medical technology for every 150 persons.'
The applicant read Condition of Approval 1 . J . 16. pertaining to approved access locations. She feels there
is nothing stated to trigger a new access permit as it is directed to already permitted accesses. The
applicant is requesting to keep the current accesses AP12-00395 and AP16-00340 the same.
Commissioner Cope asked how much oil and gas traffic does the road currently take. Ms. Bruxvoort said
she did not know: she would have to look at the revised traffic impact study. Commissioner Cope is
concerned about the oil and gas traffic if the applicant is having an event at the same time. Mr. Pinkham .
Public Works. said he didn't think there would be an issue with keeping access AP12-00395 but a new
access permit for this facility will need to be applied for and granted. The Board of County Commissioners
can determine if the accesses can remain in the same locations.
Ms. Bruxvoort is requesting that Development Standard 3 be changed to read The operator shall be in
compliance with the annual Emergency Incident Action Plan. ' She would like to strike that they have to
contact the Weld County Office of Emergency Management. Brighton Fire Protection District and Law
Enforcement for all events. Since they will be having up to 5 events each week. they feel this would be
cumbersome if they are already operating under the emergency response plan.
The applicant read Development Standard 8 "The minimum number of full-time employees shall be four
(4). ' Ms. Bruxvoort said they expect there to be 4 full-time employees; however, depending on the event it
could be operated with 2 full-time employees or they may need more than 4 for a larger event.
Ms. Bruxvoort read Development Standard 11 "One ( 1 ) ambulance shall be on site during any event. - She
said it does not specify what "event ' means. Due to the closure of Road 2 . 5. an evaluation of emergency
response was done for that area. The evaluation said there is an emergency response time of 6 to 7
minutes. She said they will have trained EMTs on site for amphitheater events and doesn't feel an
ambulance would need to be located on site. Ms. Bruxvoort is requesting to strike this development
standard or amend with more clarification.
The applicant read Development Standard 16 " No weapons, contraband or illegal gambling shall be allowed
on the property; Ms. Bruxvroot requests this development standard be struck. She said they are not
requesting any illegal uses. The Dittmer family. owners of the property. should be able to exercise their
second amendment rights. Commissioner Beck said he agrees with that.
Ms. Bruxvroot read Development Standard 24 "The Improvements Agreement for this site shall be reviewed
on an annual basis. including possible updates... She said they have never been required to do an annual
review before and wonders why this has changed.
The Chair asked Mr. Hall for comment on Development Standard 3. Mr. Hall said it would be appropriate
to amend the standard to read The operator shall be in compliance with the annual Emergency Incident
Action Plan .- He does not feel the applicant should have to notify all agencies of every event they hold.
Motion : Amend Development Standard 3 to read -The operator shall be in compliance with the annual
Emergency Incident Action Plan. -
Motion Moved by Tom Cope . Seconded by Bruce Sparrow.
Motion passed unanimously.
Commissioner Wailes asked staff to comment on Development Standard 8. Mr. Hall explained that the
number of 4 full-time employees was indicated in the application materials. He said the number of
employees should not drop below that because of the number of people that can potentially be on the site.
Mr. Hall said it would be appropriate be make a tiered approach if the Board so chose. The Chair suggested
coming back to Development Standard 8 after discussing Development Standards 9 and 10.
Commissioner Johnson asked if a security guard who is also trained as an EMT can cover both positions
as one person instead of two. Mr. Hall said it would be better to keep the two entities separate. The Chair
read Development Standard 9. Commissioner Cope suggested to have 2 guards for the first 100 and 1
guard for every 50 people after that. He brought up the issue of a fight breaking out. If the 4 guards were
all tied up in breaking up the fight. what would happen if another emergency happened. Mr. Cope is
concerned of not having enough security in a crowd of 300 . Commissioner Holland asked staff if these
numbers are based on standards. Mr. Hall said they are coming from similar uses. Commissioner Johnson
said he agreed with Commissioner Cope's idea with the number of security but said he was concerned it
could end up being short one security guard.
Motion : Amend Development Standard 9 to read Two (2) security guards for the first 100 persons
attending the event and one ( 1 ) additional security guard for each additional 50 persons after that shall be
on site during any event."
Motion Moved by Tom Cope. Seconded by Bruce Johnson.
Motion passed unanimously.
The Chair read Development Standard 10. He said the applicant is asking to amend it to read "One ( 1 )
person trained in emergency medical technology for every 150 persons. '
Motion : Move to accept the applicants recommendation.
Motion Moved by Bruce Johnson . Seconded by Bruce Sparrow.
Motion passed unanimously.
Commissioner Wailes stated he agreed with the applicants recommendation and this allows for fewer
individuals if the event is smaller.
The Chair asked for discussion on Development Standard 8. Commissioner Johnson said when he reads
the development standard it sounds like there has to be 4 full-time employees on site at all times. He feels
if no event is taking place. 1 employee may be sufficient and that the management of the facility should be
able to decide how many employees are needed at what events. Ms. Bruxvoort stated they expect 4
employees but it could be they may operate just fine with 2 employees. Commissioner Beck said he doesn't
see the need for the development standard to be there at all. Commissioner Cope agreed with
Commissioner Beck to strike the standard.
Motion : Remove Development Standard 8.
Motion Moved by Tom Cope. Seconded by Richard Beck.
Motion passed unanimously.
The Chair read Development Standard 11 . The applicant asked the Planning Commission to strike the
P pP
development standard or provide a definition on the word "event". Commissioner Johnson suggested one
ambulance should be on site in an event greater than 100 people. Commissioner Ford said he agreed with
Johnson. n the event of hav
ing Jo so I someone haul g a heart attack. the emergency response time for
an ambulance to get to the event may take too long. Commissioner Cope stated that the applicant is
required to have medical personnel on site who would be qualified to handle the situation of someone
having a heart attack. He doesn't see the need for an ambulance unless the number of people is greater
than 200 or 300 people. Commissioner Cope also said the road is wide enough for two-lane traffic so
emergency equipment shouldn't have a hard time coming to the site. Commissioner Beck said he thinks it
would be good to have an ambulance on site in case of a big emergency where all people are trying to
leave the site and blocking the accesses. He thinks an ambulance should be required on site if there are
200 people or more.
Motion : Amend Development Standard 11 to read "One ( 1 ) ambulance shall be on site during any event
where there are 200 persons or greater.
Motion Moved by Tom Cope. Seconded by Bruce Johnson.
Motion passed unanimously.
The Chair opened discussion for Standard Development 16. Commissioner Sparrow asked why the
development standard is in there. Commissioner Johnson said he is in favor of the standard remaining as
is for safety purposes. Commissioner Beck asked staff when this development standard started being
added . Mr. Hall. Planning Department said it has not been included in very many site plans or USRs but
he did not have a time frame.
Motion : Remove Development Standard 16.
Motion Moved by Bruce Sparrow. Seconded by Richard Beck.
Motion passed with Skip Holland casting a No vote.
The Chair read Development Standard 24 and asked Mr. Pinkham to provide comment. Mr. Pinkham
explained that this is a development standard added by one of Weld County's assistant attorneys. Ms.
Bruxvoort said it is a completely new standard and added that the fear is the applicant may have an
agreement one year. and something may not be acceptable the next year. Commissioner Sparrow agreed
with her comment. He asked how you can run a business plan when you don't know what the future is
going to be. Commissioner Beck asked staff when this standard was put into effect. Mr. Pinkham said he
thinks it was implemented at the beginning of this year.
Motion : Remove Development Standard 24.
Motion Moved by Richard Beck . Seconded by Tom Cope.
Motion passed with Skip Holland casting a No vote.
Commissioner Holland believes this site has an access problem and a conflict with the oil and gas business.
He feels it is an appropriate standard because Public Works is working to address these issues.
Commissioner Beck said he doesn't feel there is enough staff to review each site annually and that issues
should be complaint driven. Commissioner Holland said he feels Public Works should review the site
annually because it may change in the future and that is how they can prevent serious traffic issues or
major accidents. Commissioner Johnson said he agreed with Commissioner Beck that if there is a problem.
someone will make a complaint. He agrees that the standard should be removed . Commissioner Sparrow
said he agrees with Commissioner Beck.
The Chair asked the applicant if the explanation from Public Works addressed their concerns on Condition
of Approval J . 16. Ms. Bruxvoort is asking for a recommendation from the Planning Commission as part of
the record that the residential access remain as it is currently permitted and the oil and gas access be re-
permitted for the venue use. Commissioner Johnson asked about a third access on the map. Ms. Bruxvoort
explained that they are asking for an emergency access under the City of Brighton's jurisdiction.
Motion : Amend Condition of Approval 1 . J . 16. read "The existing accesses that are in use will be identified
on the plat in the manner in which they currently are. "
Motion Moved by Bruce Johnson. Motion failed due to lack of second.
The Chair said that the Condition of Approval 1 .J . 16. will remain.
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 USR18-0028 to the Board of County Commissioners along with the Conditions of
Approval and amended Development Standards with the Planning Commission's recommendation of
approval. Moved by Bruce Johnson. Seconded by Tom Cope.
Vote: Motion carried by unanimous roll call vote (summary : Yes = 7).
Yes : Bruce Johnson, Bruce Sparrow, Lonnie Ford , Michael Wailes, Richard Beck, Skip Holland, Tom
Cope.
The Chair said that the applicant did a good job on presenting the case and application . He said she
demonstrated that they met all seven conditions of approval for the Planning Commission .
Meeting adjourned at 4. 31 pm.
Respectfully submitted,
It M-
Michelle Wall
Secretary
ATTENDANCE RECORD
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