HomeMy WebLinkAbout20151534.tiff BEFORE THE WELD COUNTY. COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Joyce Smock. that the following resolution be introduced for passage by the Weld County Planning
Commission . Be it resolved by the Weld County Planning Commission that the application for
CASE NUMBER USR15-0028
APPLICANT CHERYL FRIEDE
PLANNER KIM OGLE
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL USE PERMIT
FOR ANY USE PERMITTED AS A USE BY RIGHT AN ACCESSORY USE. OR A
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
EXHIBIT DISTRICTS PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN
APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP
OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING
9 SUBDIVISIONS (CONFERENCE CENTER EXECUTIVE RETREAT WEDDING
1_1 -- boat
VENUE. WEDDING OR OTHER CELEBRATORY RECEPTIONS SEMINARS. LIFE
CELEBRATIONS. REUNIONS. BRIDAL SHOWERS. BABY SHOWER BAR
MITZVAHS, MUSIC RECITALS WAKES. AND COMMUNITY GATHERINGS FOR
EXAMPLE, GUEST FARMS AND HUNTING LODGES, AND COMMERCIAL
ROPING ARENAS ) IN THE A (AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION LOT B REC EXEMPT RE-5090 PART SE4 SECTION 18. T5N. R67W OF THE 6TH
P M WELD COUNTY COLORADO
LOCATION NORTH OF AND ADJACENT TO CR 56. 65 FEET WEST OF CR 15
be recommended favorably to the Board of County Commissioners for the following reasons
1 The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-
2-220 of the Weld County Code as follows.
A Section 23-2-220 A 1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-20 . B A Goal 2 . States "Continue the commitment to viable agriculture in Weld
County through mitigated protection of established (and potentially expanding) agricultural
uses from other proposed new uses that would hinder the operations of the agricultural
enterprises "
Section 22-2-20 B 2 A. Policy 2 2 states "Allow commercial and industrial uses. which are
directly related to or dependent upon agriculture, to locate within agricultural areas when the
impact to surrounding properties is minimal or mitigated and where adequate services and
infrastructure are currently available or reasonably obtainable. These commercial and
industrial uses should be encouraged to locate in areas that minimize the removal of
agricultural land from production. "
The purpose of Rockin S Ranch is to provide a unique. special , and convenient
wedding/event center which celebrates the agricultural history of Weld County As stated in
the Comprehensive Plan , "Agriculture in the County is considered a valuable resource which
must be protected from adverse impacts resulting from uncontrolled and undirected business.
industrial and residential land uses " This small business is the kind of business that
incorporates and celebrates that use completely and is a perfect transitional use between the
adjacent residential and surrounding agricultural uses.
As the former Dairy takes on new life as an wedding/event venue that embraces agriculture
and also promotes a very specific kind of agri-tourism/ agri-tainment, the lands on which the
dairy buildings are sited will be surrounded by a newly introduced lavender farm . in addition
to the alfalfa that is already on the property and the adjacent Koenig reservoir water body
The application materials and referral agency responses indicate the site can support the
proposed use Conditions of Approval and Development Standards ensure that the facility
will be compatible with the region .
PLP-366
aokS H6Y9
RESOLUTION USR15-0028
CHERYL FRIEDE
PAGE 2
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District.
Section 23-3-40.S allows for Any use permitted as a use by right, an accessory use, or a Use
by Special Review in the commercial or industrial zone districts provided that the property is
not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior
to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, and
Section 23-3-40.C . 5 allows for Guest farms and hunting lodges.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The Farmers Ditch is adjacent to the east property line, with a narrow strip land utilized for
agriculture between the Loveland and Greeley Canal. Farther to the east is a large lot
residential development identified as Coyote Ridge PUD. To the south is County Road 56 a
two lane gravel road and south of the road is a single family residence and irrigated
agricultural fields. To the west is the Koenig Reservoir, and adjacent single family residence
and large tracts of land in agricultural production. To the north is a lone single family
residence surrounded by agricultural lands and beyond this adjacent land use is the
agricultural zoned Indian Head subdivision. There are fourteen property owners within 500
feet of the proposed facility with the nearest residence being 269 feet from residence to
residence to the northeast and 414 feet from the residence to the residence to the southwest.
As of this date, staff has received six letters of support from surrounding property owners or
interested persons in this land use application.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities.
The site is located within the three (3) mile referral area of the City of Greeley. Towns of
Johnstown, Milliken, and Windsor, and Larimer County. The City of Greeley in their referral
comments, dated April 16, 2015 and the Town of Windsor in their referral comments dated
April 14, 2015 indicated that they have no concerns. The Towns of Johnstown and Milliken,
and Larimer County did not return a referral response.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld
County Code. The existing site is within the County-Wide Road Impact Fee Area and the
Capital Expansion Impact Fee 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 approximately 35.5 acres of Prime Irrigated Agricultural
land per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. As
previously stated the applicant is proposing to reuse a former Dairy parlor and outbuildings
for a new use with the remainder of the lands utilized for lavender and alfalfa production.
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.
RESOLUTION USR15-0028
CHERYL FRIEDE
PAGE 3
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.
Y
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1 . Prior to recording the map:
A. The applicant shall address the requirements of Front Range Fire Rescue, as stated in the
referral response dated April 17, 2015. Written evidence of such shall be submitted to the Weld
County Department of Planning Services. (Department of Planning Services)
B. An Improvements Agreement and road maintenance agreement is required for this site. Road
maintenance including dust control, damage repair, and triggers for improvements will be
included. (Department of Public Works)
C . The map shall be amended to delineate the following:
1 . All sheets of the map shall be labeled USR15-0028 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260. D of the Weld County
Code. (Department of Planning Services)
4. The applicant shall delineate on the map the trash collection areas. Section 23-3-350. H
of the Weld County Code addresses the issue of trash collection areas. (Department of
Planning Services)
5. The map shall delineate the parking layout plan for visitors, venders, customers and/or
employees; include the dimensions of the drives and the parking spaces including the
ADA parking spaces. At a minimum the parking plan should delineate 100 spaces with
additional area delineate to accommodate overflow parking. (Department of Planning
Services)
6. The map shall delineate the on-site lighting. (Department of Planning Services)
7. All signs shall be shown on the map and 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)
8. County Road 56 is a gravel road and is designated on the Weld County Road
Classification Plan as a local road, which requires 60 feet of right-of-way at full buildout.
The applicant shall verify and delineate on the plat the future and existing right-of-way
and the documents creating the existing right-of-way. If the existing right of way cannot
be verified it shall be dedicated. All setbacks shall be measured from the edge of right-of-
way. This road is maintained by Weld County. (Department of Planning Services -
Engineering)
9. Show the approved access(es) on the map and label with the approved access permit
number (AP15-00198). (Department of Planning Services - Engineer)
10. Show and label all easements with the recorded document reception number and date on
the map. (Department of Planning Services - Engineering)
RESOLUTION USR15-0028
CHERYL FRIEDE
PAGE 4
11 . Show and label road base on all driving surfaces on the map. (Department of Planning
Services - Engineering)
12. Show the accepted water quality feature on the map and label as WATER QUALITY
FEATURE, NO-BUILD or STORAGE AREA) (Department of Planning Services -
Engineering)
13. Show and label the accepted drainage features, drainage flow arrows, access turning
radii, and parking and circulation on the map. (Department of Planning Services -
Engineering)
14. An accepted drainage design is required. (Department of Planning Services -
Engineering)
D. Prior to Construction:
1 . If more than one (1 ) acre is to be disturbed, a Weld County Grading Permit will be
required. (Department of Planning Services -Engineering)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1 ) paper copy or
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. The Department of Planning Services respectfully requests a digital copy of this Use by Special
Review, as appropriate. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable
GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB). The preferred format
for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to
mapsa.co.weld.co.us.co.weld.co.us. (Department of Planning Services)
5. 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)
RESOLUTION USR15-0028
CHERYL FRIEDE
PAGE 5
Motion seconded by Bruce Sparrow
VOTE
For Passage Against Passage Absent
Benjamin Hansford
Bruce Johnson
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
Terry Cross
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings
CERTIFICATION OF COPY
I . Kristine Ranslem , Recording Secretary for the Weld County Planning Commission . do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on June 2 . 2015
Dated the 2nd of June, 2015
Digitally signed by Kristine Ranslem
46.1,466/- Date: 2015.06.05 08:22:51 -06'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Chris Friede
USR15-0028
1 . A Site Specific Development Plan and Use by Special Use Permit, USR15-0028 for any use permitted as
a use by right, an accessory use, or a use by special review in the Commercial or Industrial zone districts,
provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or
plan filed prior to adoption of any regulations controlling subdivisions (conference center, executive
retreat, wedding venue, wedding or other celebratory receptions, seminars, life celebrations, reunions,
bridal showers, baby shower, bar mitzvahs, music recitals, wakes, and community gatherings: guest farms
and hunting lodges; and commercial roping arenas) in the A (Agricultural) zone district, subject to the
Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code. (Department of Planning Services)
3. The hours of operation are 7:00 a.m. - 2:00 a.m . Monday — Sunday, as stated by the applicant(s).
(Department of Planning Services)
4. 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)
5. The parking areas on the site shall be maintained. (Department of Planning Services)
6. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5,
C. R.S. , as amended) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
7. 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. (Department of Public Health and Environment)
8. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive
particulate emissions, blowing debris, and other potential nuisance conditions. The applicant shall operate
in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and
Environment)
9. Fugitive dust shall 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)
10. This facility shall adhere to the maximum permissible noise levels allowed in the Non-specified Zone
District, as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
Environment)
11 . Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the
facility, at all times. Sewage disposal for the facility shall be by septic system. Any septic system located
on the property must comply with all provisions of the Weld County Code. pertaining to Individual Sewage
Disposal Systems. The facility shall utilize the existing public water supply. (Department of Public Health
and Environment)
12. 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)
13. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and
the Weld County Code. (Department of Public Health and Environment
RESOLUTION USR15-0028
CHERYL FRIEDE
PAGE 7
14 . 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)
15. 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 (Department of Planning Services — Engineer)
16. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning
Services - Engineer)
17_ Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Planning Services - Engineer)
18 There shall be no tracking of dirt or debris from the site onto publically maintained roads_ The applicant is
responsible for mitigation of any offsite tracking and maintaining onsite tracking control
devices. (Department of Planning Services - Engineering)
19. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized .
(Department of Planning Services)
20. 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 (Department of Building Inspection)
21 . The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
22 . 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
23. 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.
24. 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_
25. WELD COUNTY'S RIGHT TO FARM, Weld County is one of the most productive agricultural counties in
the United States, typically ranking in the top ten counties in the country in total market value of
agricultural products sold The rural areas of Weld County may be open and spacious. but they are
intensively used for agriculture. Persons moving into a rural area must recognize and accept there are
drawbacks. including conflicts with long-standing agricultural practices and a lower level of services than
in town . Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural
areas: open views. spaciousness, wildlife, lack of city noise and congestion , and the rural atmosphere
and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld
County would quickly be gone forever.
RESOLUTION USR15-0028
CHERYL FRIEDE
PAGE 8
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, sandburs, puncture vines, territorial farm dogs and livestock, and open
burning present real threats. Controlling children's activities is important, not only for their safety, but also
for the protection of the farmer's livelihood.
19424 XS
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday. June 2. 2015
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building . Hearing Room, 1150 O Street. Greeley. Colorado. This meeting was called to order by Vice-
Chair. Jordan Jemiola, at 1 : 30 pm
Roll Call .
Present. Benjamin Hansford. Bruce Johnson , Bruce Sparrow. Jordan Jemiola, Joyce Smock. Michael
Wailes. Nick Berryman . Terry Cross
Absent: Jason Maxey
Also Present: Kim Ogle. Chris Gathman , Diana Aungst, and Michelle Martin , Department of Planning
Services: Wayne Howard, and Jennifer Petrik. Department of Planning — Engineering Division : Lauren
Light. Department of Health : Brad Yatabe, County Attorney. and Kris Ranslem Secretary.
Motion . Approve the May 19. 2015 Weld County Planning Commission minutes, Moved by Benjamin
Hansford . Seconded by Bruce Johnson . Motion passed unanimously
CASE NUMBER USR15-0028
APPLICANT CHERYL FRIEDE
PLANNER KIM OGLE
REQUEST. A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL USE
PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT. AN ACCESSORY
USE. OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS, PROVIDED THAT THE PROPERTY IS NOT A
LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS
PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY
REGULATIONS CONTROLLING SUBDIVISIONS (CONFERENCE CENTER .
EXECUTIVE RETREAT WEDDING VENUE WEDDING OR OTHER
CELEBRATORY RECEPTIONS, SEMINARS LIFE CELEBRATIONS ,
REUNIONS. BRIDAL SHOWERS. BABY SHOWER BAR MITZVAHS MUSIC
RECITALS. WAKES AND COMMUNITY GATHERINGS FOR EXAMPLE.
GUEST FARMS AND HUNTING LODGES AND COMMERCIAL ROPING
ARENAS ) IN THE A (AGRICULTURAL ) ZONE DISTRICT
LEGAL DESCRIPTION LOT B REC EXEMPT RE-5090: PART SE4 SECTION 18, T5N . R67W OF THE
6TH P M . WELD COUNTY COLORADO
LOCATION. NORTH OF AND ADJACENT TO CR 56. 65 FEET WEST OF CR 15
Commissioner Wailes stated that his family owns the adjacent property and he knows the applicant. Mr.
Wailes stated that he feels he can make a fair and impartial judgment. The Planning Commission had no
issues with Mr Wailes hearing this case.
Kim Ogle. Planning Services. presented Case USR15-0028, reading the recommendation and comments
into the record. Mr. Ogle noted that six letters of support were received for this application The
Department of Planning Services recommends approval of this application with the attached conditions of
approval and development standards.
Jennifer Petrik. Engineering . reported on the existing traffic, access and drainage conditions and the
requirements on site_
Lauren Light. Environmental Health . reviewed the public water and sanitary sewer requirements. on-site
dust control . and the Waste Handling Plan. Ms. Light suggested amending Development Standard 9 to
replace shall" with "should" in the first sentence .
Chris Friede. 6943 CR 56. and Electra Johnson , Architect for the project Ms. Friede said that she is
surrounding primarily by agricultural and her goal is to celebrate agricultural use through agri-tourism/agri-
tainment. She added that there will be two (2) phases for development. The first phase will be to
renovate the existing barn. landscaping. and parking . Phase 2 will include hosting executive meetings
EXHIBIT
s
1. t5_ ba?-2)
and retreats, and special events along with drainage and overflow grass parking lot. Phase 3 (5-10 year
plan) will include cabins for overnight accommodations and also a rodeo/riding arena.
Commissioner Sparrow said that this is a great idea but expressed concern about traffic. Ms. Petrik
stated that the traffic is covered under the improvements agreement so if they were triggered for any
reason then they would be required to install any offsite improvements.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Tom Hellerich, Winters, Hellerich and Hughes, LLC, stated that he represents one of the adjacent
landowners directly south of and adjacent to this property. He said it all looks nice but this isn't an
agribusiness and it does not promote agriculture for Weld County. He added that the landowners will
hear all of the noise and activity coming from the site.
Mr. Hellerich said that the hours are 7 am to 2 am with up to 40 employees and a disc jockey or live band
playing until 2 am. He asked that the Planning Commission consider restricting these hours.
Mr. Hellerich added that there is a ditch that separates this property from his clients but there is no fence
to stop trespassing or to confine patrons to the applicant's property. He said that there must be some
restrictions to protect the adjoining landowners.
Mr. Hellerich requested that the Planning Commission consider these issues and forward a
recommendation of denial.
Commissioner Smock asked if the client has a farming operation. Lucas Brown, 6859 CR 56, replied that
there is no farming operation but they provide refrigerants and lubricants to mail order customers.
Commissioner Cross asked how many reside on the property and how long have they lived there. Mr.
Brown said that his father is the only one who lives there and has been there for seven (7) years;
however it has been in the family for 40 years.
Commissioner Jemiola asked what their suggestion is for a change to the hours of operation. Mr. Brown
asked for the music to stop at 11 pm. In response to Commissioner Jemiola's inquiry regarding potential
screening or landscaping, Mr. Brown said that it would be nice to have a large fence put up with "No
Trespassing" on it.
Dave Kisker, 6681 Apache Road, stated that he believes in some respects that this is an agricultural
based business. He added that this does allow people to become familiar with what a rural farm setting
is.
Ms. Friede said that the intent to have the hours until 2 am was to leave time after the event for clean up.
She added that the event itself will not last until 2 am. She said that she lives there too and doesn't
intend to have parties late at night and will make sure that it doesn't happen. If the music is too loud she
hopes that her neighbors say something and she will be happy to make adjustments.
Commissioner Jemiola asked Ms. Light to give the decibel level required in the agricultural zone district.
Ms. Light said that during the day it is 55 decibels and at night it is 50 decibels from the property line. Ms.
Friede said that you cannot see the adjoining property because of the screening of the trees along the
property boundary.
Commissioner Sparrow asked the applicant if she would be willing to agree to stop the music at 11 pm.
Ms. Friede replied that she would be willing to do that. Commissioner Jemiola said it is important to work
with your neighbors to address these issues before the County Commissioner's hearing.
Commissioner Sparrow asked how we can change the hours of operation to include the hours of music.
Mr Ogle said that the applicant is requesting the hours of operation to be 7 am to 2 am; however these
hours can be amended. Ms. Friede said that the she would be comfortable with the music stopping at 11
pm or 12 pm. Commissioner Jemiola stated that music can last until 2 am but it needs to be below 50
decibels after 9 pm as it could put the USR in jeopardy if those decibel levels are exceeded.
2
Mr Berryman said that he would be comfortable with proposing a limitation on the hours of operation for
the music. Ms. Friede said that she would agree to that.
Commissioner Jemiola reminded the Planning Commission that staff recommended amending
Development Standard 9 to read Fugitive Dust should attempt to be confined o the property. Uses on
the property should comply with the Colorado Air Quality Commission 's Air Quality Regulations
Motion : Amend Development Standard 9 as stated . Moved by Benjamin Hansford . Seconded by Bruce
Sparrow Motion carried unanimously.
Ms Petrik said that in light of the discussion regarding the uncertainty of materials for increasing the
imperviousness. she suggested adding a Condition of Approval 1 .C . 14 to read "An accepted drainage
design is required".
Motion : Add Condition of Approval 1 . C. 14, as stated by staff. Moved by Michael Wailes, Seconded by
Bruce Johnson . Motion carried unanimously.
Commissioner Sparrow asked the applicant if they would be willing to change the hours of operation to
reflect the time music is allowed. Ms. Friede replied that she would agree to that. Mr. Ogle suggested
"The venue operation is from 7: 00 am - 2 :00 am: however the music associated with an event would
need to cease at 12 am"
Motion : Amend the hours of operation as stated by staff, Moved by Bruce Sparrow Commissioner
Jemiola understands that the applicant is willing to work with the neighbors on the hours of music. He
added that after 9 pm they cannot exceed the 50 decibel level so whether the music ceases at 10 pm or 2
am it is irrelevant. Bruce Sparrow withdrew his motion _
Commissioner Hansford said that he believed changing the hours of operation is over-regulation He said
that there are regulations to keep the noise down and the applicant knows that if they violate that decibel
requirement they could potentially lose their USR permit.
Commissioner Sparrow suggested placing restrictions on the number of weddings per year.
Commissioner Smock asked the applicant what the projected business plan shows. Ms . Friede said that
she projects a maximum of 40 weddings in a year
Motion : Add a Development Standard which states that the maximum number of venues would be 60,
Moved by Bruce Johnson Commissioner Smock said that when we start setting limits like that then we
put parameters on other events such as baby showers or farm dinners The motion failed due to lack of
second motion .
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
Motion : Forward Case USR15-0028 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Pl
anning p t P anning Commission 's recommendation of
approval . Moved by Joyce Smock. Seconded by Bruce Sparrow.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes : Benjamin Hansford , Bruce Johnson , Bruce Sparrow. Jordan Jemiola, Joyce Smock. Michael Wailes.
Nick Berryman . Terry Cross
Commissioner Wailes encouraged the applicant to reach out to Mr. Brown to address their concerns
Commissioner Berryman echoed Mr. Wailes comments and added that because the neighbor is so close
you need to give some added consideration to their plight and some of the nuisances that they will be
subject to
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Commissioner Smock said that getting along with your neighbors is really important and there will be a lot
of different people coming to these events.
Commissioner Jemiola said it is a great idea and will bring agri-tourism culture to the area. He strongly
encouraged the applicant to work with Mr. Brown.
Meeting adjourned at 7:05 pm.
Respectfully submitted,
Digitally signed by Kristine Ranslem
4.5\-ist 7ntP41141.42.4•1_ Date: 2015.06.05 08:21 :41 -06'00'
Kristine Ranslem
Secretary
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