HomeMy WebLinkAbout20181723.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0015, FOR ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE, OR 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 PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS
CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT -
SEAN AND ANNETTE JAEHN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 13th day of
May, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Sean and Annette Jaehn, 20767 CR 66, Greeley, CO 80631, for a Site Specific
Development Plan and Use by Special Review Permit, USR18-0015, for any Use permitted as a
Use by Right, Accessory Use, or 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 part of a map
or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural)
Zone District, on the following described real estate, being more particularly described as follows:
Lot A of Recorded Exemption, RE -1567; being part
of the E1/2 SE1/4 of Section 21, Township 6 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicants were present, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall 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 Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
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1) Section 22-2-20.6.2 (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
obtai►Aable. These commercial and industrial uses should be
encouraged to locate in areas that minimize the removal of
agricultural land from production."This USR is a venue for weddings
(Greeley Farm Weddings) and similar gathering. The venue will be
adverised 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 four (4) -acre
parcel is a small farm housing cattle, horses, pigs, goats, and
chickens. These animals are raised by the homeowners to feed their
family. These animals will remain on the property and will be
replaced as they are harvested. This is an important educational tool
to correct people with where their food comes from. All visitors will
be exposed to these animals and educated about their care and
eventual use.
2) Section 22-2-20.H.1 (A.Policy 8.1) states: "The land use applicants
should demonstrate that adequate sanitary sewage and water
systems are available for the intensity of the development."
According to the application materials, bottled water and portable
toilets will be utilized. The facility will operate for five (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 six (6) months or less per year. The existing
house is served by the North Weld County Water District and a septic
system permitted for four (4) bedrooms (G-19949019).
3) Section 22-2-20.1.5 (A.Policy 9.5) states: "Applications fora 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
has received no correspondence for the surrounding property
owners.
4) 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
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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.
5) Section 22-2-20.H.3 (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. The Traffic Study submitted shows that no
improvements are warranted, the access is safe, and if there is an
event where the applicant needs to hire traffic control, they have
agreed to do so.
6) Section 22-2-20.H.5 (A.Policy 8.5) states: "The land use applicants
should demonstrate that public service providers, such as but not
limited to schools, emergency services and fire protection, are
informed of the proposed development and are given adequate
opportunity to comment on the proposal." The USR application was
sent to thirteen (13) referral agencies, including the school district,
the Division of Water Resources, and the fire district. The referral
agencies had 28 days to review this USR and most of them
submitted response of 'no concerns,' with the rest submitting
comments or conditions that are incorporated as Conditions of
Approval or Development Standards in the staff recommendation.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.S 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 part of a map or plan filed prior to adoption of any
regulations controlling subdivisions in the A (Agricultural) Zone District.
1) Section 23-3-10 — Intent states, in part: "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 six outbuildings. The proposed
event venue will utilize a portion of the barn and one of the
outbuildings. One of the other outbuildings 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 Conditions of Approval
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and Development Standards 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 23-2-230.6.3 -- 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 is for
mineral resource development facility and USR-1764 is for parking and
maintenance for a tank service company and both are north of the site.
USR-973 is for a commercial trucking operation and is west of the site.
USR-1386 is for a bed and breakfast, USR13-0032 is for a 115kv
transmission line, USR-1654 is for beet storage, USR15-0037 is for mineral
resource development and gas storage, USR-1631 is for an oil and gas
facility, Amended USR-1501 is for railroad car loading and salvage,
USR13-0026 and USR15-0068 are for mineral resource development,
USR14-0021 and USR14-0022 are for non -1041 major facility of a public
utility for a 16 -inch pipeline and are all located south of the site. Additionally,
USR-623, Amended USR-661, and Amended USR-717 for oil and gas
production facilities in the R-1 (Low Density Residential) are also located
south of the site. The Weld County Department of Planning Services sent
notice to four (4) surrounding property owners and did not receive any
correspondence from any of the surrounding property owners.
D. Section 23-2-230.B.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, including design criteria for the site. A Condition of Approval
has been included in this recommendation.
E. Section 23-2-230.6.5 -- 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, County Facility
Fee and Drainage Impact Fee Programs.
F. Section 23-2-230.B.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 four (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
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residential site and the USR will not take any "Prime (Irrigated)" Farmland
out of production.
G. Section 23-2-230.B.7 -- 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 the health, safety,
and welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Sean and Annette Jaehn, for a Site Specific
Development Plan and Use by Special Review Permit, USR18-0015, for any Use permitted as a
Use by Right, Accessory Use, or 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 part of a map
or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural)
Zone District, on the parcel of land described above be, and hereby is, granted subject to the
following conditions:
1. Prior to recording the map:
A. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0015.
2) The attached Development Standards.
3) The map shall be prepared per Section 23-2-260.D of the Weld
County Code.
4) The applicant shall delineate the trash collection areas.
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.
6) The reap shall delineate the lighting, if applicable. All lighting shall
be shielded so that light rays will not shine directly onto adjacent
properties.
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 the future
right-of-way. This road is maintained by Weld County.
8) Show and label the approved access location, approved access
width and the appropriate turning radii (60') on the site plan. The
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applicant must obtain an Access Permit in the approved location
prior to construction.
9) Show and label the approved tracking control on the site plan.
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.
11) The applicant shall show the drainage flow arrows.
12) Show and label the parking and traffic circulation flow arrows
showing how the traffic moves around.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one
(1) electronic copy (.pdf) or one (1) paper copy 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.
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the map not be recorded within the required one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution, a
$50.00 recording continuance charge shall be added for each additional three (3)
month period.
4. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable format is a projected ESRI
shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983
UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS
0501 (US Feet)....etc.). This digital file may be sent to maps@co.weld.co.us.
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 or 100 feet
of recycled asphalt or road base.
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B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
6. 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 13th day of June, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: datif,)
Weld County Clerk to the Board
BY:
Deputy erk to the BoaEXCUSED
Steve Moreno, Chair
EXCUSED
Barbara Kirkmeyer, Pro-Tem
can P. onway
APPROVED A
unty orney
Mike Freeman
Date of signature: O? -L7 -/b)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
SEAN AND ANNETTE JAEHN
USR18-0015
1. The Site Specific Development Plan and Use by Special Review Permit, USR18-0015, is
for any Use permitted as a Use by Right, Accessory Use, or 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 part 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.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The hours of operation are May 1 through October 1:
a) Sunday thru Thursday, 11:00 a.m. - 10:00 p.m., and amplified music will end at
9:00 p.m.
b) Friday and Saturday, 11:00 a.m. — 12 midnight, and amplified music will end at
10:00 p.m.
4. The number of full-time employees shall be two (2), with two (2) seasonal employees
during the months of May through September.
5. The parking area on the site shall be maintained.
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.
7. This site is located within the Airport Overlay District.
8. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
9. The access on the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
10. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
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.
12. The historical flow patterns and runoff amounts on the site will be maintained.
13. Weld County is not responsible for the maintenance of on -site drainage related features.
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14. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, C.R.S. §30-20-100.5) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
15. 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, C.R.S. §30-20-100.5.
16. 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 I, of the
Weld County Code.
17. 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.
18. Fugitive dust shall attempt 10 be confined on the property. Uses on the property should
comply with the Colorado Air Quality Commission's Air Quality Regulations.
19. The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone, as delineated in C.R.S. §25-12-103.
20. For temporary uses that are utilized for a time of six (6) months or less, portable toilets
and bottled water are acceptable. Records of maintenance and proper disposal for
portable toilets shall be retailed 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.
21. The applicant shall comply with Colorado Retail Food Establishment Rules and
Regulations governing the regulation of food service establishments.
22. The operation shall comply with all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
23. 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.
24. 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.
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25. 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.
26. 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.
27. 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.
28. 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 persons moving into these areas
must recognize the various impacts associated with this development. Oftentimes, 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.
29. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
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