HomeMy WebLinkAbout20151533.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR15-0028, FOR ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (CONFERENCE CENTER, EXECUTIVE RETREAT,
WEDDING VENUE, WEDDING OR OTHER CELEBRATORY RECEPTIONS,
SEMINARS, LIFE CELEBRATIONS, REUNIONS, BRIDAL SHOWERS, BABY
SHOWERS, BAR MITZVAHS, MUSIC RECITALS, WAKES AND COMMUNITY
GATHERINGS; FOR EXAMPLE: GUEST FARMS, HUNTING LODGES, AND
COMMERCIAL ROPING ARENAS), PROVIDED THAT THE PROPERTY IS NOT A
LOT IN AN APPROVED OR RECORDED SUBDIVISION MAP OR PART OF A MAP
OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING
SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT- CHERYL FRIEDE
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 17th day
of June, 2015, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Cheryl Friede, 6943 CR 56, Johnstown, CO 80534, for a Site Specific
Development Plan and Use by Special Review Permit, USR15-0028, for any Use permitted as a
Use by Right, Accessory Use or Use by Special Review in the Commercial or Industrial Zone
Districts (conference center, executive retreat, wedding venue, wedding or other celebratory
receptions, seminars, life celebrations, reunions, bridal showers, baby showers, bar mitzvahs,
music recitals, wakes and community gatherings; for example: guest farms, hunting lodges, and
commercial roping arenas), provided that the property is not a lot in an approved or recorded
subdivision map or part of a map or plan filed prior to adoption of any regulations controlling
subdivisions in the A (Agricultural) Zone District, on the following described real estate, being
more particularly described as follows:
Lot B of Recorded Exemption, RE-5090; being part
of the SE1/4 of Section 18, Township 5 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall be approved for the following
reasons:
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SPECIAL REVIEW PERMIT (USR15-0028) —CHERYL FRIEDE
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1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) 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."
2) 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." The
proposed facility is located on the property of a small 1950s era
dairy which is no longer operating from this location. The
buildings, sheds and improvements associated with the dairy
remain and are proposed to be repurposed to incorporate the
historic use of the land with the agricultural heritage of the County.
The proposed use, while not entirely dependent on agriculture,
seeks to embrace the agricultural past with the existing and
enhanced resources that are able to support a more intensive
level of economic activity. 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.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-40.S allows for any Use permitted as a Use by Right,
Accessory Use, or 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 part of a map or plan
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filed prior to adoption of any regulations controlling subdivisions in
the A (Agricultural) Zone District. Section 23-3-40.C.5 allows for
guest farms and hunting lodges.
C. Section 23-2-230.B.3 states: "The Uses which will be permitted will be
compatible with the existing surrounding land uses."The The Farmers Ditch is
adjacent to the east property line, with a narrow strip of land utilized for
agriculture between the Loveland and Greeley Canal. Farther to the east
is a large residential development identified as Coyote Ridge PUD. To
the south is a two lane gravel road, CR 56, and south of the road is a
single family residence and irrigated agricultural fields. To the west is the
Koenig Reservoir and an 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. Beyond this adjacent land
use is the Indian Head subdivision, which is zoned agricultural. There are
fourteen (14) 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. Staff has received six (6) letters of support from surrounding
property owners or interested persons in this Land Use Application.
D. Section 23-2-230.B.4 -- The Uses which will be permitted will be
compatible with future development of the surrounding area, as permitted
by the existing zoning, and with the future development as projected by
Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is located within 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 the referral comments dated
April 16, 2015, and the Town of Windsor in the referral comments dated
April 14, 2015, indicated no concerns. The Towns of Johnstown and
Milliken, and Larimer County did not return a referral response.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. Building Permits issued on the lot will
be required to adhere to the fee structure of the County-Wide Road
Impact Fee, County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-230.B.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. The proposed facility is located on 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 23-2-230.B.7 —The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
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Code), Conditions of Approval and Development Standards can ensure
that there are adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Cheryl Friede, for a Site Specific Development
Plan and Use by Special Review Permit, USR15-0028, for any Use permitted as a Use by Right,
Accessory Use or Use by Special Review in the Commercial or Industrial Zone Districts
(conference center, executive retreat, wedding venue, wedding or other celebratory receptions,
seminars, life celebrations, reunions, bridal showers, baby showers, bar mitzvahs, music
recitals, wakes and community gatherings; for example: guest farms, hunting lodges and
commercial roping arenas), provided that the property is not a lot in an approved or recorded
subdivision map or part of a map or plan filed prior to adoption of any regulations controlling
subdivisions in the A (Agricultural) Zone District, on the parcel of land described above be, and
hereby is, granted subject to the following conditions:
1. Prior to recording the map:
A. The applicant shall attempt to address the referral response dated
April 17, 2015. Written evidence of such shall be submitted to the Weld
County Department of Planning Services.
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR15-0028.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall delineate the trash collection areas per
Section 23-3-350.H of the Weld County Code.
5) Delineate the parking layout plan for visitors, venders, customers
and/or employees to include the dimensions of the drives and the
parking spaces, including the ADA parking spaces.
6) Delineate the on-site lighting.
7) All signs shall be shown and shall adhere to Chapter 23,
Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code.
8) County Road (CR) 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 the future and existing right-of-way and the
documents creating the existing right-of-way. If the existing
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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.
9) Show the approved access(es) and label with the approved
Access Permit Number (AP15-00198).
10) Show and label all easements with the recorded document
reception number and date.
11) Show and label road base on all driving surfaces.
12) Show and label the access turning radii, and parking and
circulation.
13) The property owner/operator shall install a fence to delineate the
boundary of this property from the neighboring property to the
southwest along the Farmer's Ditch.
C. Prior to Construction:
1) If more than one (1) acre is to be disturbed, a Weld County
Grading Permit will be required.
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.
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.
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
maps@co.weld.co.us.
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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
been approved for an early release agreement.
the applicant has pp
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of June, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
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Barbara Kirkme �, Chair
Y
Weld County Clerk to the Board
Lelz
Mike Freeman, Pro-Tern
DAN Clerk to the Bo.:rd 4001",'1 ��
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\`., f . �ZNSean P. Conway � )
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ounty Attorney v 12 -
`������� Steve Moreno
Date of signature: �( ��
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CHERYL FRIEDE
USR15-0028
1. The Site Specific Development Plan and Use by Special Use Permit, USR15-0028, is for
any Use permitted as a Use by right, Accessory Use, or 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 part 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.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code.
3. The hours of operation are 7:00 a.m. - 2:00 a.m., Monday through Sunday, as stated by
the applicant(s). There will be no music played after 12:00 a.m. midnight.
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.
5. The parking areas on the site shall be maintained.
6. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
Section 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.
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, Section 30-20-100.5, C.R.S.
8. 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.
9. 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.
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.
11. Adequate drinking, handwashing, 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
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County Code, pertaining to Individual Sewage Disposal Systems. The facility shall utilize the
existing public water supply.
12. The applicant shall comply with Colorado Retail Food Establishment Rules and Regulations
governing the regulation of food service establishments.
13. The operation shall comply with all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
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.
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.
16. The historical flow patterns and runoff amounts will be maintained on the site.
17. Weld County is not responsible for the maintenance of on-site drainage related features.
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 off-site tracking and maintaining on-site
tracking control devices.
19. There shall be no parking or staging of vehicles on County roads. On-site parking shall be
utilized.
20. During events with more than 350 people at any one time, the applicant shall submit a
Traffic Handling Plan to the Department of Public Works for approval.
21. 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.
22. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23, of the Weld County Code.
23. 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
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Conditions of Approval and Development Standards stated herein and all applicable Weld
County regulations.
24. 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.
25. 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. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the Weld
County Code, shall be placed on the map and recognized at all times.
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