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HomeMy WebLinkAbout20181725.tiffPlanner: Diana Aungst Case Number: USR18-0015 Applicant: Request: Legal Description: LAND USE APPLICATION SUMMARY SHEET Sean and Annette Jaehn Hearing Date: May 15, 2018 A Site Specific Development Plan and Use by Special Review Permit for any Use Permitted as a Use By Right, an Accessory Use, or a Use By Special Review in the Commercial or Industrial Zone Districts (event venue for weddings, graduations, parties, conferences, and similar gatherings) provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. Lot A of Recorded Exemption RE -1567 being part of the E2SE4 of Section 21, T6N, R65W of the 6th P.M., Weld County, CO Location: North of and adjacent to CR 66; approximately 0.2 miles west of CR 43 Size of Parcel: +/- 4.0 acres Parcel No. 0803-21-0-00-048 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received referral responses with comments from the following agencies: City of Greeley, referral dated March 9, 2018 Weld County Department of Public Works, referral dated March 27, 2018 Weld County Department of Public Health and Environment, referral dated March 23, 2018 The Department of Planning Services' staff has received referral responses without comments from the following agencies: ▪ Weld County Sheriff's Office, referral dated March 2, 2018 ▪ West Greeley Conservation District, referral dated March 12, 2018 ▪ Weld County Zoning Compliance, referral dated February 26, 2018 ▪ State of Colorado, Division of Water Resources, referral dated February 26, 2018 The Department of Planning Services' staff has not received responses from the following agencies: VVVVV81 Greeley Airport Colorado Parks and Wildlife Eaton Fire Protection District North Weld County Water District Weld County School District RE -2 Weld County Department of Building Inspection USR18-0015 Page 1 0111 Planner: Diana Aungst Case Number: USR18-0015 Applicant: Request: Legal Description: Location: Size of Parcel: Case Summary: SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW Sean and Annette Jaehn Hearing Date: May 15, 2018 A Site Specific Development Plan and Use by Special Review Permit for any Use Permitted as a Use By Right, an Accessory Use, or a Use By Special Review in the Commercial or Industrial Zone Districts (event venue for weddings, graduations, parties, conferences, and similar gatherings) provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. Lot A of Recorded Exemption RE -1567 being part of the E2SE4 of Section 21, T6N, R65W of the 6th P.M., Weld County, CO North of and adjacent to CR 66: approximately 0.2 miles west of CR 43 +1- 4.0 acres Parcel No. 0803-21-0-00-048 The applicants are requesting a Use by Special Review permit for an event venue for weddings, graduations, parties, conferences, and similar gatherings. The hours of operation are May 1 through October 31 Sunday thru Thursday 11 a.m. - 10 p.m. and amplified music will end at 9 p.m. and Friday and Saturday 11 a.m. - 12 midnight and amplified music will end at 10 p.m. The number of full-time employees shall be two (2) owners with two (2) seasonal employees during the summer. No additional screening or landscaping is proposed but the site had fencing and landscaping along CR 66. The open field will be used for parking for attendees and portable toilets will be available along with bottled water. DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED 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 Department of Planning Services' staff 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." USR18-0015 Page 20111 This USR is a venue for weddings (Greeley Farm Weddings) and similar gathering. The venue will be advertised as a "farm wedding venue". The home on the premises will remain a private residence where the property owners will continue to reside. The integrity of the land, the farm house, and the barn will remain intact. The goal with the wedding venue is to preserve the land, educate visitors about the history of the property, and to expose visitors to the beauty of farm life. The 4 -acre parcel is a small farm housing cattle, horses, pigs, goats, and chickens. These animals are raised by the homeowner's to feed their family. These animals will all remain on the property and will be replaced as they are harvested. This is an important educational tool to connect people with where their food comes from. All visitors will be exposed to these animals and educated about their care and eventual use. Section 22-2-20.H.1 - A.Policy 8.1 states, "The land use applicants should demonstrate that adequate sanitary sewage and water systems are available for the intensity of the development." According to the application materials bottled water and portable toilets will be utilized. The facility will operate for 5 months out of the year (May to October). The Department of Public Health and Environment's policy allows bottled water and portable toilets for facilities that are utilized 6 months or less per year. The existing house is served by North Weld County Water District and a septic system permitted for 4 bedrooms (G-19949019). Section 22-2-20.1.5 - A.Policy 9.5, state, "Applications for a change of land use in the agricultural areas should be reviewed in accordance with all potential impacts to surrounding properties and referral agencies. Encourage applicants to communicate with those affected by the proposed land use change through the referral process." The surrounding property owners have been notified of this project and the Weld County Department of Planning Services had received no correspondence for the surrounding property owners. Section 22-2-20.G.3. - A.Policy 7.3 states, "Conversion of agricultural land to urban residential, commercial and industrial uses should be considered when the subject site is located inside an Intergovernmental Agreement area, Urban Growth Boundary area, Regional Urbanization Area or Urban Development Nodes, or where adequate services are currently available or reasonably obtainable. A municipality's adopted comprehensive plan should be considered, but should not determine the appropriateness of such conversion." This site is located about 1.5 miles northeast of the Greeley airport. At this time the County does not have an Intergovernmental Agreement with the City of Greeley. Section 22-2-20.H.8 - A.Policy 8.3 states, "The land use applicants should demonstrate that the roadway facilities associated with the proposed development are adequate in width, classification and structural capacity to serve the proposed land use change." The referral comments from the Department of Public Works state that CR 66 is a paved road and will require left and right deceleration/turn lanes immediately and will require left acceleration and a left deceleration/turn in the future. Section 22-2-20.H.5 - A.Policy 8.5. states, "The land use applicants should demonstrate that public service providers, such as but not limited to schools, emergency services and fire protection, are informed of the proposed development and are given adequate opportunity to comment on the proposal." The USR application was sent to thirteen (13) referral agencies including the school district, the Division of Water Resources, and the fire district. The referral agencies had 28 days to USR18-0015 Page 30111 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.S. which allows a Site Specific Development Plan and Use by Special Review Permit for any Use Permitted as a Use By Right, an Accessory Use, or a Use By Special Review in the Commercial or Industrial Zone Districts (event venue for weddings, graduations, parties, conferences, and similar gatherings) provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. Section 23-3-10 - Intent states, "The A (Agricultural) Zone District is also intended to provide areas for the conduct of uses by Special Review which have been determined to be more intense or to have a potentially greater impact than uses Allowed by Right." The site consists of a residence and 6 out -buildings. The proposed event venue will utilize a portion of the barn and one of the out -buildings. One of the other out -buildings may be demolished and replaced with a warming kitchen in the future. The facilities and utilities will be provided for all users. The proposed USR is in an area that can support this facility and the Development Standards and the Conditions of Approval will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses and the region. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The adjacent lands consist of pastures, crops, and rural residences. The closest residence is west of and adjacent to the site less than 100 feet from the property line. There are sixteen (16) USRs within one mile of this site. Amended USR13-0060 for mineral resource development facility and USR-1764 for parking and maintenance for a tank service company are north of the site. USR-973 for a commercial trucking operation is west of the site. USR-1386 for bed and breakfast, USR13-0032 for 115kv transmission line, USR-1654 for beet storage, USR15-0037 for mineral resource development and gas storage, USR-1631 for oil and gas facility, Amended USR-1501 for railroad car loading and salvage, USR13-0026 and USR15-0068 for mineral resource development, USR14-0021 and USR14-0022 for non -1041 major facility of a public utility for a 16 -inch pipeline are located south of the site. Additionally, USR-623, Amended USR-661, and Amended USR- 717 for oil and gas production facilities in the R-1 (Low Density Residential) are also located south of the site. The Weld County Department of Planning Services sent notice to four (4) surrounding property owners. The Weld County Department of Planning Services has not received any correspondence from the surrounding property owners. D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site is located within a three (3) mile referral area of the City of Greeley. The City of Greeley responded with comments dated March 9, 2018. The comments from the City of Greeley include design criteria for the site. A Condition of Approval has been included in this recommendation. USR18-0015 Page 4 0111 E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld County Code. The property is not within the Geologic Hazard Overlay District or a Special Flood Hazard Area. The site is located in the Weld/Greeley Airport Overlay District and Airport Noise Contours Area. Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program. Building Permits issued on the proposed lot will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The proposed facility located on 4 acres of soils designated as "Prime" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. This property has historically been used as a residential site and the USR will not take any "Prime (Irrigated)" Farmland out of production. G. Section 23-2-220A7 -- 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 Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. Prior to recording the map: A. The submitted traffic impact study must signed and stamped by a Colorado Licensed Professional Engineer. (Department of Public Works) B. An Improvements and Road Maintenance Agreement is required for off -site improvements at this location. Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes. The Agreement shall include provisions addressing engineering requirements, submission of collateral, and testing and approval of completed improvements. The Agreement shall require the construction of the following capital improvements. 1. Immediate off -site improvements to be completed prior to operation: a. Design and construct a left deceleration/turn lane on CR 66 at CR 43 b. Design and construct a right deceleration/turn lane on CR 66 at the site entrance 2. Future off -site improvements to be completed a. Design and construct a left deceleration/turn lane on CR 66 at the site whenever traffic exceeds 10 vehicles per hour (VPH) turning left into the Property for an average daily peak hour. b. Design and construct a left acceleration lane on CR whenever such a lane would be a benefit to the safety and operation of the roadway. The County, in its sole discretion, shall determine if a left acceleration lane is required. (Department of Public Works) USR18-0015 Page 50111 C. The applicant shall attempt to address the requirements (concerns) of the City of Greeley, as stated in the referral response dated March 9, 2018. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) D. The map shall be amended to delineate the following: 1) All sheets of the map shall be labeled USR18-0015. (Department of Planning Services) 2) The attached Development Standards. (Department of Planning Services) 3) The map shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 4) The applicant shall delineate the trash collection areas. (Department of Planning Services) 5) All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2, Section 23-2-240.A.12 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services) 6) The map shall delineate the lighting, if applicable. All lighting shall be shielded so that light rays will not shine directly onto adjacent properties. (Department of Planning Services) 7) County Road 66 is a paved road and is designated on the Weld County Functional Classification Map as a collector road which requires 80 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the future and existing right-of- way. All setbacks shall be measured from the edge of future right-of-way. This road is maintained by Weld County. (Department of Public Works) 8) Show and label the approved access locations, approved access width and the appropriate turning radii (60') on the site plan. The applicant must obtain an access permit in the approved location(s) prior to construction. (Department of Public Works) 9) Show and label the approved tracking control on the site plan. (Department of Public Works) 10) Show and label the entrance gate if applicable. An access approach that is gated shall be designed so that the longest vehicle (including trailers) using the access can completely clear the traveled way when the gate is closed. In no event, shall the distance from the gate to the edge of the traveled surface be less than 35 feet. (Department of Public Works) 11) The applicant shall show the drainage flow arrows. (Department of Public Works) 12) Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Department of Public Works) 2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon approval of the map the applicant shall submit a Mylar map along with all other documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar map and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) USR18-0015 Page 60111 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 mapsco.weld.co.us. (Department of Planning Services) 5. Prior to Construction: A. The approved access and tracking control shall be constructed prior to on -site construction. This site requires a tracking control device and 100 feet of recycled asphalt or road base OR 300 feet of asphalt for tracking control. (Department of Public Works) B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. (Department of Public Works) 6. Prior to Operation: A. Accepted construction drawings and construction of the off -site roadway improvements are required prior to operation. (Department of Public Works) 7. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review map is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. (Department of Planning Services) USR18-0015 Page 70111 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Sean and Annette Jaehn USR18-0015 1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0015, for any Use Permitted as a Use By Right, an Accessory Use, or a Use By Special Review in the Commercial or Industrial Zone Districts (an outdoor venue for weddings, graduations, parties, conferences, and other similar gatherings) provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. The hours of operation are May 1 through October 31: 1) Sunday thru Thursday - 11 a.m. - 10 p.m. and amplified music will end at 9 p.m. 2) Friday and Saturday - 11 a.m. - 12 midnight and amplified music will end at 10 p.m. (Department of Planning Services) 4. The number of full-time employees shall be two (2) owners with a two (2) seasonal employees during the summer. (Department of Planning Services) 5. The parking area on the site shall be maintained. (Department of Planning Services) 6. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services) 7. This site is located within the Airport Overlay District. (Department of Planning Services) 8. The property owner shall control noxious weeds on the site. (Department of Public Works) 9. The access on the site shall be maintained to mitigate any impacts to the public road including damages and/or off -site tracking. (Department of Public Works) 10. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 11. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. (Department of Public Works) 12. The Property Owner shall comply with all requirements provided in the executed Improvements Agreement. (Department of Public Works) 13. The Improvements Agreement for this site shall be reviewed on an annual basis, including possible updates (Department of Public Works) 14. Access will be along unmaintained County right-of-way and maintenance of the right-of-way will not be the responsibility of Weld County. (Department of Public Works) 15. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public Works) 16. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Public Works) USR18-0015 Page 80111 17. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30 20 100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 18. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S. (Department of Public Health and Environment) 19. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The applicant shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and Environment) 20. Animal and feed wastes, bedding, debris and other organic wastes shall be disposed of so that vermin infestation, odors, disease hazards, and nuisances are minimized. (Department of Public Health and Environment) 21. Fugitive dust shall attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and Environment) 22. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in 25-12-103 C.R.S. (Department of Public Health and Environment) 23. For temporary uses that are utilized for a time of six months or less, portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers. (Department of Public Health and Environment) 24. The applicant shall comply with Colorado Retail Food Establishment Rules and Regulations governing the regulation of food service establishments. (Department of Public Health and Environment) 25. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 26. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the plan. Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with, or construed as, traffic control devices. (Department of Planning Services) 27. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the following have been adopted by Weld County: 2012 International Codes, 2006 International Energy Code, and 2017 National Electrical Code. A Building Permit Application must be completed and two (2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A Geotechnical Engineering Report performed by a Colorado registered engineer shall be required or an Open Hole Inspection. (Department of Building Inspection) 28. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. USR18-0015 Page 90111 29. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards, as shown or stated, shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 30. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 31. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development. Often times, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 32. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served USR18-0015 Page 10 0111 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, sand burs, 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. USR18-0015 Page 11 0111 April 09, 2018 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.weldgov.com E-MAIL: daungst@co.weld.co.us PHONE: (970) 400-3524 FAX: (970) 304-6498 JAEHN ANNETTE J 20767 CR 66 GREELEY, CO 80631 Subject: USR18-0015 - A Site Specific Development Plan and Use by Special Review Permit for any Use Permitted as a Use By Right, an Accessory Use, or a Use By Special Review in the Commercial or Industrial Zone Districts (event venue for weddings, graduations, parties, conferences, and similar gatherings) provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. On parcel(s) of land described as: PART E2SE4 SECTION 21, T6N, R65W LOTA REC EXEMPT RE -1567 OF THE 6TH P.M., WELD COUNTY, COLORADO. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on May 15, 2018, at 12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on June 13, 2018 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the staff report one week prior to the scheduled Planning Commission hearing. You may view the staff report at www.weldcountyplanningcases.org If you have any questions concerning this matter, please call. Respectfully, Diana Aungst Planner DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: daungst@co.weld.co.us PHONE: (970) 353-6100, Ext. 3524 FAX: (970) 304-6498 February 26, 2018 JAEHN ANNETTE J 20767 CR 66 GREELEY, CO 80631 Subject: USR18-0015 - A Site Specific Development Plan and Use by Special Review Permit for any Use Permitted as a Use By Right, an Accessory Use, or a Use By Special Review in the Commercial or Industrial Zone Districts (event venue for weddings, graduations, parties, conferences, and similar gatherings) provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. On parcel(s) of land described as: PART E2SE4 SECTION 21, T6N, R65W LOT A REC EXEMPT RE -1567 OF THE 6TH P.M., WELD COUNTY, COLORADO. Dear Applicants: Your application and related materials for the request described above are complete and in order at this time. I will schedule a meeting with you at the end of the review period to discuss the referral comments received by our office. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the following Planning Departments for their review and comments: Greeley at Phone Number 970-350-9780 It is recommended that you contact the listed Planning Departments for information regarding their process and to answer any questions that might arise with respect to your application. If you have any questions concerning this matter, please call. Respectfully, fa/l&-Q9-,a1/1j, Diana Aungst Planner FIELD CHECK Inspection Date: 5/4/2018 Case Number: USR18-0015 Applicant: Request: Legal Description: Location: Size of Parcel: Sean and Annette Jaehn A Site Specific Development Plan and Use by Special Review Permit for any Use Permitted as a Use By Right, an Accessory Use, or a Use By Special Review in the Commercial or Industrial Zone Districts (event venue for weddings, graduations, parties, conferences, and similar gatherings) provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. Lot A of Recorded Exemption RE -1567 being part of the E2SE4 of Section 21, T6N, R65W of the 6th P.M., Weld County, CO North of and adjacent to CR 66; approximately 0.2 miles west of CR 43 +/- 4.0 acres Parcel No. 0803-21-0-00-048 Zoning Land Use N A (Agricultural) N Rural Residential/Agriculture E A (Agricultural) E Rural Residential/Agriculture S A (Agricultural) S Rural Residential/Agriculture W A (Agricultural) W Rural Residential/Agriculture COMMENTS: The site contains a single-family residence, a barn, and several outbuildings. There is an access to the site off of CR 66. Diana Aungst, Planner From: Auto_Sender@Accela.com To: mllehlghstuccc a.yahoocam Subject: Your Application Has Been Deemed Complete Date: Monday, June 04, 2018 2:40:28 PM Thank you for your Event Venue Application. We have deemed your application complete and are continuing to process your application. Please reference Case Number USR18-0015 if you have any questions about your case. If you need further assistance, please feel free to contact our office at 970-353-6100 ext 3540. Diana Aungst From: Sent: To: Subject: Attachments: Follow Up Flag: Flag Status: Hi Diana, Annette Jaehn <milehighstucco@yahoo.com> Thursday, May 10, 2018 1:57 PM Diana Aungst USR 18-0015 20767 CR 66.pptx Follow up Flagged Thanks for meeting with us this week. I wanted to be sure you got the signed, stamped traffic engineer's report finally. I'm sorry about the confusion, but am glad it was easily cleared up. Also, I wanted to formally say that we have reviewed the City of Greeley's Project review comments. These advisory comments have been addressed. Please let me know if you need any further information regarding these comments. Finally, I have attached a PowerPoint file to add to the end of your presentation. It is mostly pictures of the site and the road we are concerned about. Let me know if the file format doesn't work for you and if you need something different. Thanks so much for all your help. See you on the 15th. Annette Jaehn Mile High Stucco 970-405-5985 1 Hello