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HomeMy WebLinkAbout20162546.tiffRESOLUTION RE: APPROVE RENEWAL APPLICATION FOR OPTIONAL PREMISES LIQUOR LICENSE AND AUTHORIZE CHAIR TO SIGN - FRITZLER FARMS, INC., DBA FRITZLER CORN MAZE 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, Fritzler Farms, Inc., dba Fritzler Corn Maze, submitted a renewal application for an Optional Premises Liquor License, for the sale of malt, vinous and spirituous liquors, and WHEREAS, pursuant to Exhibit 5-H of the Weld County Code, said applicant has paid the sum of $175.00 to the County of Weld for the renewal of the existing license, and WHEREAS, said applicant has previously exhibited a State Liquor License for the sale of malt, vinous and spirituous liquors for consumption by the drink on the premises only, outside the corporate limits of any town or city in the County of Weld at the location described as follows: 20861 CR 33 LaSalle, Colorado 80645 WHEREAS, the Licensee shall host "responsible vendor" training every six (6) months as agreeable to the Colorado Department of Revenue Liquor Enforcement Division, and this training shall be open to other area licensees. Each employee shall be "responsible vendor" trained, and the Licensee shall provided documentary evidence that each employee has been "responsible vendor" trained to the Weld County Sheriff's Office within thirty (30) days of the fist available "responsible vendor" class after hiring. Evidence of such shall be included in the referral report submitted by the Sheriff's Office at the time of annual renewal. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that having examined said application, the qualifications of the applicant, and the testimony of those present at the hearing, does hereby grant License Number 2016-15 to said applicant to sell malt, vinous, and spirituous liquors for consumption by the drink on the premises only, and the Board does hereby authorize and direct the issuance of said license by the Chair of the Board of County Commissioners, attested to by the Clerk to the Board of Weld County, Colorado, which license shall be in effect until September 9, 2017, providing that said place where the licensee is authorized to sell malt, vinous, and spirituous liquors for consumption by the drink on the premises only, shall be conducted in strict conformity to all of the laws of the State of Colorado and the rules and regulations relating thereto, heretofore passed by the Board of County Commissioners of Weld County, Colorado, and any violations thereof shall be cause for revocation of the license. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said application. Cc.: O.PPL-1SOCRS3 WOct/ 2016-2546 LC0054 OPTIONAL PREMISES LIQUOR LICENSE - FRITZLER FARMS, INC. PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of August, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTESTS -QS) `'d'4A Weld County Clerk to the Board BY puty Clerk to the Board County Attorney Date of signature: 'Si 311 / I Co 1 1 lt..t2 Mike Freeman, Chair Sean P. Conway, Pro -Tern lax; C JuiiWA—Cozad eJ,Lu a - iJc4 'p. arbara Kirkmeyer Steve Moreno 2016-2546 LC0054 THIS LICENSE EXPIRES SEPTEMBER 9, 2017 r Jr �� FOR A OPTIONAL PREMISE LIQUOR LICENSE TO SELL AT RETAIL MALT, VINOUS, AND SPIRITUOUS LIQUOR is to Certify, that Fritzler Farms, Inc., dba Fritzler Corn Maze, of the State of Colorado, having applied for a license to malt, vinous, and spirituous liquors, and having paid to the County Treasurer the sum of One Hundred and Seventy -live and HO (S1?5.00) Dollars therefore, the above applicant is hereby licensed to sell malt, vinous, and spirituous liquors aining more than 3.2" u Alcohol by weight, by the drink for consumption on the premises, as a Optional Premise at the ess of 20861 County Road 33, La Salle, Colorado 80645, in the County of Weld, State of Colorado, for a period beginning he 10th clay of September, 21116, and ending on the 9th day of September, 2117, unless this license is revoked sooner as pro- d by law. license is issued subject to the Laws of the State of Colorado and especially under the provisions of .Arficle 47 of Title 12, irado Revised Statues, as amended. I I S11.AIO\1' \V HISRI;OP, the Board of County Commissioners has hereunto subscribed its name by its officers duly orized this 8th day of August, 2016. W4a114/1) 4.1649;6A„�•The Board of County Commissioners I BY , G4.------ T� a TO BE POSTED IN A CONSVtt viS PLACE. NON -TRANSFERABLE. THIS LICENSE MUST BE POSTED IN PUBLIC VIEW OR 8402 (07/01/2012) STATE OF COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1881 Pierce Street, Suite 108 Lakewood, Colorado 80214 FRITZLER FARMS INC dba FRITZLER CORN MAZE 20861 COUNTY ROAD 33 LA SALLE CO 80645 ALCOHOL BEVERAGE LICENSE Liquor License Number 4705292 License Expires at Midnight September 09, 2017 License Type OPTIONAL PREMISES (COUNTY) Authorized Beverages MALT, VINOUS, AND SPIRITUOUS This license is issued subject to the laws of the State of Colorado and especially under the provisions of Title 12, Articles 46 or 47, CRS 1973, as amended. This license is nontransferable and shall be conspicuously posted in the place above described. This license is only valid through the expiration date shown above. Any questions concerning this license should be addressed to: Colorado Liquor Enforcement Division, 1881 Pierce Street, Suite 108, Lakewood, CO 80214. In testimony whereof, I have hereunto set my hand. 8/12/2016 PJR Ofaittal Division Director Executive Director DR 8400 (Revised 09/01/12) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION SUBMIT TO LOCAL LICENSING AUTHORITY RETAIL LIQUOR OR 3.2 BEER LICENSE RENEWAL APPLICATION FRITZLER CORN MAZE 20909 COUNTY ROAD 33 LA SALLE CO 80645 RECEIVED JUL 1 1 2110 WELD COUNTY COMMISSIONERS Fees Due Renewal Fee Storage Permit $100 x $500.00 Optional Premise $100 x Related Resort $75 x Amount Due/Paid 5 Ot ,pd Make check payable to: Colorado Department of Revenue. The State may convert your check to a one-time electronic banking transaction. Your bank account may be debited as early as the same day received by the State. If converted, your check will not be returned. If your check is rejected due to insufficient or uncollected funds, the Department may collect the payment amount directly from your banking account electronically. PLEASE VERIFY & UPDATE ALL INFORMATION BELOW RETURN TO CITY OR COUNTY LICENSING AUTHORITY BY DUE DATE Licensee Name FRITZLER FARMS INC DBA FRITZLER CORN MAZE Liquor License # 4705292 License Type Optional Premises (county) Sales Tax License # 014307610 Expiration Date 09/09/2016 Due Date 07/26/2016 Operating Manager Gi.ev. FY; iga Date of Birth Home Address aoydti c(\ 33 G5 G; CO Manager Phone Number %`%o -36--CosoIlev.0-4-TV'itzVcttVv\,A.2e, Email Address 4OvYN Street Address 20861 COUNTY ROAD 33 LA SALLE CO 80645 Phone Number 9707372129 Mailing Address 20909 COUNTY ROAD 33 LA SALLE CO 80645 1. Do you have legal possession of the premises at the street address above? La YES ❑ Is the premises owned or rented? ❑ Owned n Rented* *If rented, expiration date 4. Since the date of filing of the last application, has there been any change in financial interest organizational structure (addition or deletion of officers, directors, managing members or and attach a listing of all liquor businesses in which these new lenders, owners (other than directors, managing members, or general partners are materially interested. ❑ YES tEl NOTE TO CORPORATION, LIMITED LIABILITY COMPANY AND PARTNERSHIP APPLICANTS: officers, directors, managing members, general partners or persons with 10% or more interest and return immediately to your Local Licensing Authority, Form DR 8177: Corporation, Report of Changes, along with all supporting documentation and fees. 3. Since the date of filing of the last application, has the applicant or any of its agents, owners, licensed financial institutions) been convicted of a crime? If yes, attach a detailed explanation. 4. Since the date of filing of the last application, has the applicant or any of its agents, owners, licensed financial institutions) been denied an alcohol beverage license, had an alcohol had interest in any entity that had an alcohol beverage license denied, suspended or revoked? ❑YES elNO 5. Does the applicant or any of its agents, owners, managers, partners or lenders (other than or indirect interest in any other Colorado liquor license, including loans to or from any licensee yes, attach a detailed explanation. ❑ YES ISI NO NO of lease / — / — / 7 (new notes, loans, owners, etc.) or general partners)? If yes, explain in detail licensed financial institutions), officers, NO If you have added or deleted any in your business, you must complete Limited Liability Company or Partnership managers, partners or lenders (other than ❑ YES 1 NO managers, partners or lenders (other than beverage license suspended or revoked, or If yes, attach a detailed explanation. licensed financial institutions) have a direct or interest in a loan to any licensee? If AFFIRMATION & CONSENT I declare under penalty of perjury in the second degree that this application and all attachments are true, correct and complete to the best of my knowledge. Type or Print Name of Applicant/Authorized Agent of Business V ( e V\ ��c ;k al�c Title , �,ltPA /J�c.4lhj�l, Signature 4.6" Date 7-3-/‘ �. REPORT & APPRO L OF CITY OR COUNTY LICENSING AIffe The foregoing application has been examined and the premises, business co .:z - - r o 4V applicant are satisfactory, and we do hereby report that such license, if granted, will comply with the provisions of Title 12, Articl: 6 a r • 47 * , ' � ORE THIS APPLICATION IS APPROVED. t' 1 Local Licensing Authority For 1$61 , UG 082016 Weld County, Colorado ` %��u► ��1 .. Signature ,,,e U 1 l w- Title Chair, o' County Commit s ���� �� ���• erk t. t= Board Deputy Clerk to Lim gam,. „Z5174 -1e, PO Box 758 Greeley CO 80632 0 co O O N O M U CU 0 CO j, m C w O o U ° o m d Y CO TD - 71).5 O m U�C. RECEIPT RECEIVED FROM 17.--ri+ + z le r f ►-r rr S =inc. • DATE 0-7/11/ '0 ICo ADDRESS 9nctOR C. JCR' 32, La So- I 1p I C.O $rO Cot -15 FOR L i ctoor L ice -1,19e' ( ru...c.ura.l HOW PAID CASH...... CHECK _f 1 „j O co 1 -1&o MONEY ORDER NO. 88807 $ t, S. BY C,..R RECEIPT DATEcy7rI1/901(o CASH CHECK MONEY ORDER BY NO. 88806 2016-2546 Chloe Rempel From: Sent: To: Subject: Janet Lundquist Monday, July 11, 2016 1:06 PM Chloe Rempel RE: LIQUOR LICENSE RENEWAL - Fritzler Farms Inc DBA Fritzler Corn Maze This is an existing location. Public Works doesn't have any comments at this time. Janet Lundquist Support Services Manager Weld County Public Works Dept. P.O. Box 758, Greeley, CO 80632 Tele-970.356.4000 ext 3726 Fax- 970.304.6497 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. Original Message From: Chloe Rempel Sent: Monday, July 11, 2016 12:31 PM To: Dan Joseph; Deb Adamson; Bethany Pascoe; Jose Gonzalez; Paul Wood; Janet Lundquist; Roy Rudisill Cc: Frank Haug Subject: LIQUOR LICENSE RENEWAL - Fritzler Farms Inc DBA Fritzler Corn Maze Hello, In accordance with the procedure for processing Liquor License Renewal Applications, please review all records on the following document/establishment for any associated reports/incidents and return your report to the Weld County Clerk to the Board's Office within two weeks. Your report will be used by the Board of County Commissioners in considering the Applicant's Liquor License. PLEASE RESPOND NO LATER THAN: 06/25/2016 Applicant: Fritzler Farms Inc, 20909 CR 33, LaSalle, CO 80645 1 Chloe Rempel From: Sent: To: Cc: Subject: No concerns from OEM Roy Rudisill Monday, July 11, 2016 1:40 PM Chloe Rempel; Dan Joseph; Deb Adamson; Bethany Pascoe; Jose Gonzalez; Paul Wood; Janet Lundquist Frank Haug RE: LIQUOR LICENSE RENEWAL - Fritzler Farms Inc DBA Fritzler Corn Maze Roy Rudisill Director Office of Emergency Management 1150 O Street 970-304-6540 Office 970-381-0417 Cell Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Chloe Rempel Sent: Monday, July 11, 2016 12:31 PM To: Dan Joseph <djoseph@co.weld.co.us>; Deb Adamson <dadamson@co.weld.co.us>; Bethany Pascoe <bpascoe@co.weld.co.us>; Jose Gonzalez <jgonzalez@co.weld.co.us>; Paul Wood <pwood@co.weld.co.us>; Janet Lundquist <jlundquist@co.weld.co.us>; Roy Rudisill <rrudisill@co.weld.co.us> Cc: Frank Haug <fhaug@co.weld.co.us> Subject: LIQUOR LICENSE RENEWAL - Fritzler Farms Inc DBA Fritzler Corn Maze Hello, In accordance with the procedure for processing Liquor License Renewal Applications, please review all records on the following document/establishment for any associated reports/incidents and return your report to the Weld County Clerk to the Board's Office within two weeks. Your report will be used by the Board of County Commissioners in considering the Applicant's Liquor License. PLEASE RESPOND NO LATER THAN: 06/25/2016 Applicant: Fritzler Farms Inc, 20909 CR 33, LaSalle, CO 80645 File Location: LC0054 1 Chloe Rempel From: Sent: To: Cc: Subject: Chloe, Paul Wood Monday, July 11, 2016 1:56 PM Chloe Rempel Paul Wood; Sam Kaneta III RE: LIQUOR LICENSE RENEWAL - Fritzler Farms Inc DBA Fritzler Corn Maze I have received the Liquor License Renewal Application for Fritzler Corn Maze. I reviewed our Records Management System (Spillman) for any law enforcement calls for services at Fritzler Corn Maze/Fritzler Farms Inc. (20861 Weld County Road 33, LaSalle, CO) and for any law enforcement contacts for its Operating Manager (Glen Fritzler). There have no significant responses/contacts or calls for service by WCSO law enforcement to this establishment in the last calendar year. Also, do I need to "Reply to All" on these return emails, or is it just okay to respond back to you? If you have any questions or concerns, please do not hesitate to contact me. Thank you! Sergeant Paul Wood Animal Control/Municipal Policing/School Resource Units Weld County Sheriff's Office 1950 "O" Street, Greeley, CO 80631 pwoodPco.weld.co.us Ofc: (970) 356-4015 Ext. 2838 Direct (970) 400-2838 Fax: (970) 304-6468 "be rjtrong and Courageous." From: Chloe Rempel Sent: Monday, July 11, 2016 12:31 PM To: Dan Joseph; Deb Adamson; Bethany Pascoe; Jose Gonzalez; Paul Wood; Janet Lundquist; Roy Rudisill Cc: Frank Haug Subject: LIQUOR LICENSE RENEWAL - Fritzler Farms Inc DBA Fritzler Corn Maze Hello, In accordance with the procedure for processing Liquor License Renewal Applications, please review all records on the following document/establishment for any associated reports/incidents and return your report to the Weld County Clerk to the Board's Office within two weeks. Your report will be used by the Board of County Commissioners in considering the Applicant's Liquor License. PLEASE RESPOND NO LATER THAN: 06/25/2016 Applicant: Fritzler Farms Inc, 20909 CR 33, LaSalle, CO 80645 1 Chloe Rempel From: Sent: To: Subject: Jose Gonzalez Monday, July 11, 2016 3:05 PM Chloe Rempel RE: LIQUOR LICENSE RENEWAL - Fritzler Farms Inc DBA Fritzler Corn Maze No concerns from Building Division Thanks Jose Gonzalez Asst Building Official Building Department 1555 N 17`" Ave tel: 970-400-3533 jgonzalez@weldgov.com Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Chloe Rempel Sent: Monday, July 11, 2016 12:31 PM To: Dan Joseph <djoseph@co.weld.co.us>; Deb Adamson <dadamson@co.weld.co.us>; Bethany Pascoe <bpascoe@co.weld.co.us>; Jose Gonzalez <jgonzalez@co.weld.co.us>; Paul Wood <pwood@co.weld.co.us>; Janet Lundquist <jundquist@co.weld.co.us>; Roy Rudisill <rrudisill@co.weld.co.us> Cc: Frank Haug <fhaug@co.weld.co.us> Subject: LIQUOR LICENSE RENEWAL - Fritzler Farms Inc DBA Fritzler Corn Maze Hello, In accordance with the procedure for processing Liquor License Renewal Applications, please review all records on the following document/establishment for any associated reports/incidents and return your report to the Weld County Clerk to the Board's Office within two weeks. Your report will be used by the Board of County Commissioners in considering the Applicant's Liquor License. PLEASE RESPOND NO LATER THAN: 06/25/2016 Applicant: Fritzler Farms Inc, 20909 CR 33, LaSalle, CO 80645 File Location: LC0054 1 Chloe Rempel From: Sent: To: Cc: Subject: Attachments: Chloe, No issues with this one either. Please see attached. Dan Dan Joseph Monday, July 11, 2016 3:43 PM Chloe Rempel Deb Adamson; Cindy Salazar RE: LIQUOR LICENSE RENEWAL - Fritzler Farms Inc DBA Fritzler Corn Maze Fritzler Corn Maze Liquor License Inquiry 2016.doc Dan Joseph CP-FS Food Program Coordinator Weld County Department of Public Health and Environment 155.5 North 17th Avenue Greeley, CO 80631 phone: 970.304.6415 x 2206 fax: 970.304.6411 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Chloe Rempel Sent: Monday, July 11, 2016 12:31 PM To: Dan Joseph; Deb Adamson; Bethany Pascoe; Jose Gonzalez; Paul Wood; Janet Lundquist; Roy Rudisill Cc: Frank Haug Subject: LIQUOR LICENSE RENEWAL - Fritzler Farms Inc DBA Fritzler Corn Maze Hello, In accordance with the procedure for processing Liquor License Renewal Applications, please review all records on the following document/establishment for any associated reports/incidents and return your report to the Weld County Clerk to the Board's Office within two weeks. Your report will be used by the Board of County Commissioners in considering the Applicant's Liquor License. PLEASE RESPOND NO LATER THAN: 06/25/2016 Applicant: Fritzler Farms Inc, 20909 CR 33, LaSalle, CO 80645 File Location: LC0054 1 Memorandum TO: Chloe Rempel FROM: Dan Joseph SUBJECT: Liquor license inquiry DATE: July 11, 2016 CC: Cindy Salazar; Debra Adamson In response to your request, Environmental Health Services has reviewed the Retail Food Service Establishment file for Fritzler Corn Maze., located at 20909 CR 33, in LaSalle, Colorado. At this time, there are no problems or concerns regarding this establishment. Should you have any questions regarding this matter, please contact me via e-mail at djoseph@co.weld.co.us or by phone at 970-304-6415 extension 2206. Thank you. Dan Joseph Environmental Specialist III Chloe Rempel From: Sent: To: Subject: Sorry, no issues from us. Bethany Pascoe Tuesday, August 02, 2016 10:31 AM Chloe Rempel RE: LIQUOR LICENSE RENEWAL - Fritzler Farms Inc DBA Fritzler Corn Maze Bethany Pascoe Zoning Compliance Officer II Department of Planning Services 1555 N 17th Ave, Greeley, Co 80631 970-400-3555 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Chloe Rempel Sent: Thursday, July 28, 2016 8:46 AM To: Bethany Pascoe <bpascoe@co.weld.co.us> Subject: FW: LIQUOR LICENSE RENEWAL - Fritzler Farms Inc DBA Fritzler Corn Maze Hello, Have you had an opportunity to review this application? Thank you, Chloe A. Rempel Deputy Clerk to the Board of Commissioners 1150 O Street Greeley, CO 80631 /PO Box 758 tel: 970-400-4225 1 PULL AND RETAIN THIS COPY BEFORE AFFIXING TO THE PACKAGE. NO POUCH NEEDED. _, a T Co m m Lrj w O O S CO E8 o a ca k e N to Y i y o- w W Y i d a t0 n d w O 'o CD 0 !! CO y D0DD 7938 2562 u-1 r- -0 rR D N U.S. Postal Service' CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com®. Certified Mail Fee Lxtra Services & Fees (check box, add fee as appropriate) Return Receipt (iardcopy) $ ------ ------ i] Return Receipt (electronic)_ -- 'Certified Mail Restricted Delivery $ riAdult Signature Required $_._-__.._. Li Adult Signature Restricted Delivery $ _ Postage ---------- -------- Total Postage and Fees Sent re Fri -fetes Fa►rMs Iv.c O -ir 1e ri4zstri Street and Apt. No., or PO Box No. Postmark Here 9090 -CAK state City , ZIP+4'e ' l., o - Q T 000 SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: C=ri+z1GC' c r'tb15, CXr++tn' CA'..1 Pri+z e.r SO9o9 CR 33 Lo,.. S able I GO FsO(&15 I' I [III III' II III III 11111 II IIII 9590 9402 1 714 6053 4700 44 COMPLETE THIS SECTION ON DELIVERY A. Signature X s iti.1_ r `- ❑ Agent ❑ Addressee B. Received by (P ted etc vAF D. Is delivery ad. ess diff If YES, enter elivery address C. Date of Delivery i? D Yes :2oi0 No 2. Article Number (Transfer from service label) 141(, 0150 (i('irrl 1.188' a5CoQ PS Form 3811, July 2015 PSN 7530-02-000-9053 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery jijCertified Mail® ❑ Certified Mail Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery ❑ Insured Mail ❑ Insured Mail Restricted Delivery {over $500) ❑ Priority Mail Express® O Registered Mail,'' ❑ Registered Mail Restricted Delivery ❑ Return Receipt for Merchandise ❑ Signature Confirmation"*' O Signature Confirmation Restricted Delivery Domestic Return Receipt Amended Use by Special Review Permit MUSR15-0016 Planner: Case Number: Applicant: Address: Site Address: Request: LAND USE APPLICATION SUMMARY SHEET Michelle Martin MUSR15-0016 Estate of Edward and Eileen Fritzler c/o Glen Fritzler 20909 County Road 33, LaSalle, CO 80645 20730 County Road 31, LaSalle, CO 80645 A Minor Amendment to a Site Specific Development Plan and Use by Special Review Permit No AMUSR-1268 for a Recreational Facility, with uses similar to those seen at a Guest Farm and Fairgrounds to include an escape room modular, ticket office, concession building, modular trailer haunt, beer garden, tetherball, tire climb, dog agility show, and other similar activities in the A (Agricultural) Zone District. Legal Description' Lot D of corrected RE -3966 being part N2 of Section 22, T4N, R66W of the 6th P.M., Weld County, CO Location: South of and adjacent to County Road 44 and West of and adjacent to State Highway 85 Size of Parcels: +/- 265.59 Acres Parcel Numbers: 1057 22 100021, 1057 22 100024, 1057 22 200022, 1057 22 200023 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 responses from the following agencies: Without Comments: • Weld County Zoning Compliance, referral dated 8/14/15 • Town of Gilcrest, referral dated 9/1/15 • Central Weld County Water District, referral dated 8/17/15 • Weld County School District RE -1, referral dated 8/17/15 • Colorado Parks and Wildlife, referral dated 8/18/15 • Weld County Sheriff's Office, referral dated 8/21/15 • Town of LaSalle, referral dated 9/10/15 With Comments: • Weld County Department of Public Health and Environment, referral dated 9/27/15 • Weld County Department of Planning — Engineering, referral dated 9/11/15 • Colorado Division of Water Resources, referral dated 9/1/15 MUSR15-0016 Page 1 The following agencies have not responded: ▪ Colorado Department of Transportation ▪ Ambulance Service ▪ City of Evans ▪ Town of Milliken ▪ Town of Platteville ▪ LaSalle F-9 Fire Protection District ▪ Platteville F-13 Fire Protection District • Weld County Department of Building Inspection • Weld County Public Works ▪ Western Mutual Ditch Company MUSR15-0016 Page 2 SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW Planner: Michelle Martin Case Number: MUSR15-0016 Applicant: Estate of Edward and Eileen Fritzler c/o Glen Fritzler Address: 20909 County Road 33, LaSalle, CO 80645 Site Address: 20730 County Road 31, LaSalle, CO 80645 Request: A Minor Amendment to a Site Specific Development Plan and Use by Special Review Permit No AMUSR-1268 for a Recreational Facility, with uses similar to those seen at a Guest Farm and Fairgrounds to include an escape room modular, ticket office, concession building, modular trailer haunt, beer garden, tetherball, tire climb, dog agility show, and other similar activities in the A (Agricultural) Zone District. Legal Description: Lot D of corrected RE -3966 being part N2 of Section 22, T4N, R66W of the 6th P.M., Weld County, CO Location: South of and adjacent to County Road 44 and West of and adjacent to State Highway 85 Size of Parcel: +/- 265.59 Acres Parcel Number: 1057 22 100021, 1057 22 100024, 1057 22 200022, 1057 22 200023 Summary: AMUSR-1268 was approved in 2014; this amendment is to permit the addition of new attractions and structures for the corn maze along with some year round events. The year round events will include an escape room a brewery and event barn. The boundaries of the Use by Special Review will also expand to include the entire Lot D of corrected RE -3966. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The proposed change(s) will be compatible with existing and allowed uses in the surrounding area and be in harmony with the neighborhood. The Use by Special Review (USR) AMUSR-1268 map was recorded in October 7, 2005 for a Site Specific Development Plan and Amended Use by Special Review Permit #1268 is for a MUSR15-0016 Page 3 Recreational Facility, with uses similar to those seen at a Guest Farm and Fairgrounds in the A (Agricultural) Zone District. The applicant has made some modifications to their previously approved USR and therefore is amending their application to stay in compliance with Weld County. Some of the changes to the corn maze include a beer garden, escape room, mini golf, zip line, pumpkin stroll, haunted barn and some year round activates such as an escape room, event room and a brewery. The boundaries of the Use by Special Review will also expand to include the entire Lot D of corrected RE -3966. Several of the neighbors objected to the beer garden and the ability of the facility to serve liquor. The Board of County Commissioners on August 26, 2015 approved a Tavern License for the facility. The proposed development standards and conditions of approval will help ensure the use remains compatible with the surrounding area. 2 The proposed change(s) is consistent with the County Comprehensive Plan pursuant to Chapter 22 of the Weld County Code. ECON.Policy 3.1. County activities and regulation should protect the rights of private property owners and the public health, safety and welfare, recognizing that these basic rights and protections allow the free market to prosper and grow the local economy. The applicant is requesting to expand their existing Use by Special Review to include additional attractions at the corn maze and some year round activates such as an escape room, event room and a brewery. Some of the surrounding properties are concerned with liquor being served. A Tavern License was approved by the Board of County Commissioner on August 26, 2015 to serve liquor at the facility. 3. The proposed change(s) will not result in a substantial adverse impact on the other property in the vicinity of the subject property. AMUSR-1268 was approved by the Weld County Board of County Commissioners and the map was recorded on October 7, 2005 for a Site Specific Development Plan and Amended Use by Special Review Permit for a Recreational Facility, with uses similar to those seen at a Guest Farm and Fairgrounds in the A (Agricultural) Zone District. The County notified all the property owners within 500 -feet of the request to amend AMUSR-1268 to include additional attractions at the corn maze and some year round activates such as an escape room, event room and a brewery. Some surrounding property owners did comment on this application but their comments mainly pertained to the facility serving liquor which has already been approved by the Board of County Commissioners. 4. The recommendations of the referral agencies have been considered. The attached Development Standards and Conditions of Approval address the requirements of the referral agencies. 5. Not deemed to be a major change. After the Pre -Application meeting on April 30, 2015 Weld County Planning staff determined the proposed modifications were not a major change to the current permit. 6. Must be consistent with the original development standards. The previous USR was approved for a Recreational Facility, with uses similar to those seen at a Guest Farm and Fairgrounds in the A (Agricultural) Zone District. The proposed modifications are to allow additional attractions at the corn maze and some year round activates such as an escape room, event room and a brewery. The attached development standards incorporate the MUSR15-0016 Page 4 development standards approved under AMUSR-1268 but have been updated and expanded to reflect current regulations. 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. 1. The map shall be amended to delineate the following: A. All sheets of the map shall be labeled MUSR15-0016. (Department of Planning Services) B. The attached Development Standards. (Department of Planning Services) C. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) D. County Road 44 is a paved road and is designated on the Weld County Road Classification Plan as an arterial road which requires 140 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 Planning Services -Engineer) E. Show and label the approved access (AP15-00429), and the appropriate turning radii on the site plan. (Department of Planning Services -Engineer) F. Show the approved Colorado Department of Transportation (CDOT) access on the site plan and label with the approved access permit number if applicable. (Department of Planning Services -Engineer) G. Show and label all easements with the recorded document reception number and date on the site plan. (Department of Planning Services -Engineer) H. Show and label the approved tracking control on the site plan. (Department of Planning Services -Engineer) Show and label the accepted drainage features and drainage flow arrows on the site plan. Water quality features or stormwater ponds should be labeled as "Water Quality Feature/Stormwater Detention, No -Build or Storage Area, Volume = TBD" (Department of Planning Services -Engineer) G. The applicant shall delineate a detail of the facility lights on the map. (Department of Planning Services) H. The map shall delineate the trash collection areas. (Department of Planning Services) J. All signs shall be shown on the map with dimensions. (Department of Planning Services) K. The applicant shall delineate the parking on the map including the ADA parking stalls. The applicant shall comply with Appendix 23-B of the Weld County Code and the Section 208 of the 2010 Americans with Disability Act and provide an adequate number of parking stalls. (Department of Planning Services) MUSR15-0016 Page 5 2. Prior to Recording the Map: A. A Final Drainage Design that meets County requirements is required. (Department of Planning Services -Engineer) B. The applicant shall address the requirements of the Colorado Division of Water Resources, as stated in the referral response dated 9/1/15. Written evidence of such shall be submitted to the Weld County Department of Planning Services. (Department of Planning Services) The applicant shall submit an updated Certificate of Liability Insurance to show coverage from September 1, 2015 to September 1, 2016. (Department of Planning Services) 3. Prior to Construction: A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to the start of construction. Contact the Planning Department for application information. (Department of Planning Services -Engineer) 4, Upon completion of 1-2 above the applicant shall submit one (1) paper copy or one (1) electronic copy of the map for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies 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 Department of Planning Services' Staff. 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 sixty (60) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. 5. In accordance with Weld County Code Ordinance 2006-7 approved June 1, 2006, should the map not be recorded within the required sixty (60) days from the date the Board of County Commissioners resolution a $50.00 recording continuance charge shall added for each additional 3 month period. 6. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps4co.weld.co.us. 7. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review mapis ready to be recorded in the office of the Weld County Clerk and Recorder. Date /0 arko Planning Dire for MUSR15-0016 Page 6 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS ESTATE OF EDWARD FRITZLER MUSR15-001 6 1. A Minor Amendment to a Site Specific Development Plan and Use by Special Review Permit No AMUSR-1268 for a Recreational Facility, with uses similar to those seen at a Guest Farm and Fairgrounds to include an escape room modular, brewery, ticket office, concession building, modular trailer haunt, beer garden, tetherball, tire climb, dog agility show, and other similar activities in the A (Agricultural) Zone District. 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. 3. The applicant shall maintain compliance with the Department of Labor and Employment, Oil and Public Safety &CCR 1101-12, carnivals and amusement parks regulations at all times. 4. As indicated in the application materials the maximum number of customer allowed on the site at one time shall be 2,000. 5. The site may operate from the last week in August until the weekend after Halloween seven days a week from 9:00 am to midnight with the exception of the produce stand which may operate from the first of July through the end of September from 9:00 am to 6:00 pm. 6. The brewery, escape room and event room shall be allowed to function year round from 9:00 am to midnight. 7. The applicant shall have an insurance policy written by an insurance company authorized to do business in the State of Colorado or by a surplus lines insurer in an amount of not less than $100,000 per occurrence with a $300,000 annual aggregate for class A amusement rides (as designated by the Department of Labor and Employment) and all other recreational amenities insuring the owner or operator against liability for injury to persons arising out of the use of the amusement rides. 8. Should the applicant place any Class B amusement rides on the site (as designated by the Department of Labor and Employment) they shall obtain an insurance policy written by an insurance company authorized to do business in the State of Colorado or by a surplus lines insure, in an amount of not less than a $1 Million per Occurrence insuring the owner or operator against liability for injury to persons arising out of the use of the amusement rides. 9. No Smoking signs shall be placed in sufficient locations to ensure fire will not be allowed near corn stalks or flammable areas. 10. No commercial all -terrain vehicle (ATV) courses shall be allowed on the site. 11. The two semi trailer being used as storage units shall be an allowed use from the date of approval by the Board of County Commissioners. The trailer shall be maintained in drivable conditions and shall maintain current licensing. 12. The applicant shall install a trash collector at the culvert located at the intersection of Weld County Road 33 and U.S. Highway 85. The type of device shall be agreed upon by the applicant and western mutual ditch company and the applicant shall be responsible for any costs associated with the project. 13. The screening and landscaping on the site shall be maintained per the map. MUSR15-0016 Page 7 14. Should noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code. 15. The site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. 16. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. 17. The historical flow patterns and runoff amounts will be maintained on the site. 18. Weld County is not responsible for the maintenance of onsite drainage related features. 19. 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. 20. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. 21. The applicant shall remove, handle, and stockpile manure from the animal areas in a manner that will prevent nuisance conditions. The manure piles shall not be allowed to exist or deteriorate to a condition that facilitates excessive odors, flies, insect pests, or pollutants. 22. 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. 23. 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. 24. 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. 25. There shall be no open burning conducted on the site, with exception to burning defined as "agricultural open burning" as defined by Regulation No. 9 of the Colorado Air Quality Control Commission Regulations. 26. This facility shall adhere to the maximum permissible noise levels allowed in the Non -Specified Zone as delineated in Section 14-9-30 of the Weld County Code. 27. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the facility, at all times. For temporary or seasonal uses that are utilized 6 months or less per year 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. 28. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to On -site Wastewater Treatment Systems. 29. A permanent, adequate water supply shall be provided for drinking and sanitary purposes for uses that are not considered temporary. The facility shall utilize the existing public water supply, (Central Weld County Water District). 30. The applicant shall comply with Colorado Retail Food Establishment Rules and Regulations MUSR15-0016 Page 8 governing the regulation of food service establishments. 31. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. 32. 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. 33. 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 2011 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. 34. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 35, 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. 36. 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. 37_ 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. 38. 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. 39. 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 MUSR15-0016 Page 9 level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, 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. MUSR15-0016 Page 10 Hello