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Case Number:
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LAND USE APPLICATION
SUMMARY SHEET
Michael Hall
USR18-0028
Timothy G. Dittmer (50%) and Blue Pill LLC c/o Kendal P. Dittmer (50%)
AGPROfessionals, LLC c/o Kelsey Bruxvoort
3050 67th Avenue Suite 200, Greeley, CO 80634
Hearing Date: October 2, 2018
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.
Being a portion of the W2NE4NW4, E2NW4NW4, East 15 feet of the W2NW4NW4,
and E2NE4NW4 of Section 32, -11 N, R66W of the 6th P.M., Weld County, CO
South of and adjacent to County Road 4: approximately 0.22 miles east of Main Street
Size of Parcel: +/- 60 acres Parcel No. 1471-32-0-00-026
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:
v
City of Brighton, referral dated June 7, 2018
Colorado Division of Water Resources, referral dated April 12, 2018
Weld County Department of Public Works, referral dated May 14, 2018
Weld County Department of Public Health and Environment, referral dated May 3, 2018
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
▪ City of Fort Lupton, referral dated April 9, 2018
▪ Weld County Sheriff's Office, referral dated April 6, 2018
▪ Weld County Zoning Compliance, referral dated April 6, 2018
The Department of Planning Services' staff has not received responses from the following agencies:
V V V V V V V
Adams County
Town of Lochbuie
School District 27J
Brighton Fire Rescue District
West Adams Conservation District
Colorado Division of Park and Wildlife
Weld County Department of Building Inspection
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Planner:
Michael Hall
Case Number: USR18-0028
Owner:
Representative:
Request:
Legal
Description:
Location:
Size of Parcel:
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Hearing Date: October 2, 2018
Timothy G. Dittmer (50%) and Blue Pill LLC do Kendal P. Dittmer (50%)
AGPROfessionals, LLC c/o Kelsey Bruxvoort
3050 67th Avenue Suite 200, Greeley, CO 80634
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.
Being a portion of the W2NE4NW4, E2NW4NW4, East 15 feet of the W2NW4NW4,
and E2NE4NW4 of Section 32, T1 N, R66W of the 6th P.M., Weld County, CO
South of and adjacent to County Road 4: approximately 0.22 miles east of Main Street
+/- 60 acres Parcel No. 1471-32-0-00-026
Case Summary:
The applicant is requesting 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) on a 60 -acre parcel. The proposed commercial
recreational facility is an agri-tourism venue that will host various recreational and educational activities
on a fee basis. The operator will be Farm Lab USA, managed by Vincent Collins and Kendal Dittmer. Four
(4) full-time employees will staff all components of the facility. Proposed landscaping includes trees and
shrubs throughout the amphitheater and berming in between the facility and County Road 4. No fencing
or signage is proposed.
The facility will include an amphitheater with up to 300 persons at each event. The outdoor amphitheater
will contain a covered stage, exhibit/vendor tent area and a tiered dirt -work formed grass seating area.
The events will include concerts, festivals, private parties, and product exhibitions. The application
indicates that there will be approximately two to five (2-5) events per week for a 6 -month duration from
April 1St to September 30th. The proposed hours of the events are from 7:00 am to midnight. 200 gravel
parking spaces, including six (6) handicap spaces, will be provided for the event patrons. In the case that
any event will exceed 350 patrons, a Temporary Assemblage Permit must be obtained by the Weld
County Clerk to the Board.
In addition to the four (4) fulltime employees, up to twenty (20) temporary support staff will be on -site as
needed during and after each event including security, emergency personnel, traffic monitors and
groundskeepers. A minimum two (2) emergency personnel and at least one (1) emergency ambulance
shall be on site for the typical events with 300 patrons or less and one (1) additional personnel for any
number of patrons beyond 350 which will also requires a Temporary Assemblage Permit. In the event of
an emergency, a staff member will guide the emergency personnel to the situation. A minimum of two (2)
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security guards for every 300 persons attending event, and at least five (5) additional guards for security
within and among patrons to be on site throughout the entire event. Any event beyond 350 patrons shall
require additional security. Security will check all vehicles as they enter premises and patrol the property
while the event takes place. No food or beverage sales are proposed; however, vendors may be hired to
sell food and alcohol.
The facility will include overnight tent camping and RV camping. Up to thirty (30) tent camp sites and five
(5) RV camp sites are proposed. The RV camp sites will include electrical service and will be limited to
twenty (20) patrons. The camping will only be allowed during weekend events, on an invitational basis for
a 6 -month duration from April 1St to September 30th. The patrons of the campsite are included in the total
number of 300 patrons per event. The event patrons and campers will be served by bottled water and
portable toilets.
The facility will include an agritourism building that includes a greenhouse, classroom and caretaker
apartment. The building will be approximately 4,650 square feet. The greenhouse will include
demonstration, testing and research of hydroponic and aquaponic systems. The classroom will be
designed to accommodate thirty (30) participants. Classes will be held approximately two to four (2-4)
times per month between 8:00 am and 8:00 pm. The building will be open 24 -hours a day, year-round.
On -site agricultural activities include the cultivation, storage and sale of crops, vegetables, plants, flowers
and nursery stock. Fifteen (15) parking spaces including two (2) handicap spaces, will be provided for the
participants. The participants will be served by bottled water and a new septic system.
The facility will include five (5) cargo containers for storage of the operations equipment and personal
storage. The site will be powered by an on -site propane generator and solar panels. Lighting will be
utilized for on -site directional wayfinding and will be downcast and shielded. A trash dumpster at the
amphitheater will be emptied on a weekly basis by a trash removal company. No painting, on -site fuel
storage, washing or vehicle maintenance is proposed and waste materials will not be stored on site. The
existing residence will be demolished and two (2) existing septic systems will be removed and replaced.
There are three (3) existing water wells (permit numbers 204116 & 26201, domestic and 1991-R,
irrigation) that shall not be used for the proposed commercial use. The application proposes to re -permit
well permit # 26201 for commercial usage.
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.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.
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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, 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.
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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 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 XI, 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, M54 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.
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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 Department of Planning Services' staff recommendation for approval is conditional upon the
following:
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.
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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
be brought into compliance with current OWTS regulations. (Department of Public Health &
Environment)
I. 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)
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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)
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)
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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)
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)
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)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
FarmLab 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 the Weld County Office of Emergency Management, Hudson Fire Protection District and Law
Enforcement to prepare a response plan for all events and ensure that there is notification to
those agencies prior to the event to plan for any consequence management (Incident Plan).
(Department of Planning Services)
4. The hours of operations are:
a. Amphitheater events: 7:00 am to midnight from April 1St to September 30th with a maximum
of five (5) events per week.
b. Commercial campground: 24 hours/day on weekends only from April 1St to September 30tH
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). (Department 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 of full-time employees shall be four (4). (Department of Planning Services)
9. Two (2) security guards for first 300 persons attending the event and five (5) additional security
guards for security within and among the spectators shall be on site during any event.
(Department of Planning Services)
10. Two (2) persons trained in emergency medical technology for the first 300 persons and one (1)
additional person for every 350 persons after that shall be on site during any event. (Department
of Planning Services)
11. One (1) ambulance shall be on site during any event. (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)
14. The maximum number of event patrons shall be three -hundred (300). (Department of Planning
Services)
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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)
20. 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)
24. The Improvements Agreement for this site shall be reviewed on an annual basis, including
possible 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)
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)
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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.
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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.
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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.
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September 12, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: mhall@weldgov.com
PHONE: (970) 400-3528
FAX: (970) 304-6498
BRUXVOORT KELSEY
3050 67TH AVE
GREELEY, CO 80631
Subject: USR18-0028 - 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.
On parcel(s) of land described as:
E2NW4NW4/NE4NW4 SECTION 32, T1 N, R66W & EAST 15 FEET OF W2NW4NW4 of the 6th P.M.,
Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on October 2, 2018, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on October 17, 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
Page 2 of 2
If you have any questions concerning this matter, please call.
Respectfully,
M itaerHall
Planner
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: mhall@weldgov.com
PHONE: (970) 400-3528
FAX: (970) 304-6498
April 06, 2018
FREDERICKSON DEANNE
3050 67TH AVE
GREELEY, CO 80631
Subject: USR18-0028 - 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.
On parcel(s) of land described as:
E2NW4NW4/NE4NW4 SECTION 32, T1N, R66W & EAST 15' OF W2NW4NW4 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:
Brighton at Phone Number 303-655-2000
Fort Lupton at Phone Number 303-857-6694
Lochbuie at Phone Number 303-655-9308
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,
,. La.
Michael Hall
Planner
FIELD CHECK
Inspection Date: 9/19/2018
Case Number: USR18-0028
Applicant: Timothy G. Dittmer (50%) and Blue Pill LLC c/o Kendal P. Dittmer (50%)
Representative: Agprofessionals, LLC c/o Kelsey Bruxvoort
Request: 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.
Legal
Description:
Being a portion of the W2NE4NW4, E2NW4NW4, East 15 feet of the
W2NW4NW4, and E2NE4NW4 of Section 32, Ti N, R66W of the 6th P.M., Weld
County, CO
Location: South of and adjacent to County Road 4; approximately 0.22 miles east of Main
Street
Size of Parcel:
+/- 60 acres
Parcel No. 1471-32-0-00-026
Zoning
Land Use
N
A (Agricultural) / City of Brighton
N
Agricultural / Industrial
E
A (Agricultural)
E
Agricultural / Residential
S
A (Agricultural)
S
Agricultural / Residential / Oil & Gas
W
A (Agricultural)
W
Agricultural / Commercial
COMMENTS:
There are two existing access points into the site. At the northeast corner of the property, an access point
comes south off of CR 4 and appears to be used for oil and gas purposes. There were several observed
oil and gas wellheads and tank batteries on the parcel and a large active Halliburton frac site in the
southeast portion of the parcel. There is one residential access point off of CR 4 for an existing residence.
There is another residence and access located directly west of the first and is located on an excepted
parcel. The main portion of the parcel where the proposed facility will be located is vacant dryland.
The Vestas plant is located directly north of the site. An RV/Outdoor storage business is located directly
west of the site, further west is the UPRR railroad and Anadarko Storage Yard. The surrounding
properties to the south and east are primarily agricultural and residential.
7,1
Michael Hall, Planner
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