HomeMy WebLinkAbout20142618.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR14-0033, FOR A RECREATIONAL FACILITY WITH USES SIMILAR TO
THOSE SEEN AT A GUEST FARM AND FAIRGROUNDS IN THE
A (AGRICULTURAL) ZONE DISTRICT- HANKINS FARMS, LLC
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 3rd day of
September, 2014, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Hankins Farms, LLC, 27001 CR 17, Johnstown, CO 80534, for a Site
Specific Development Plan and Use by Special Review Permit, USR14-0033, for a Recreational
Facility with Uses similar to those seen at a Guest Farm and Fairgrounds in the A (Agricultural)
Zone District, on the following described real estate, being more particularly described as
follows:
Lot B of Recorded Exemption, RE-3901; being part
of the N1/2 NE1/4 of Section 20, Township 5 North,
Range 67 West, and part of the S1/2 NE1/4, E1/2
SE1/4 of Section 20, 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:
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 23-2-230.6.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20.F.4 (A.Policy 6.4) states: "Encourage
agri-tourism."
Ct tA(BV)vL( YPW(bc).kt(LL) AppL. 2014-2618
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SPECIAL REVIEW PERMIT (USR14-0033) - HANKINS FARMS, LLC
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2) Section 22-2-20.6.3 (A.Policy 2.3) states, in part: "Encourage
development of ... agriculturally related businesses. Agricultural
businesses and industries include those related to ...
agri-tainment or agri-tourism uses."
3) Section 22-3-70 (TR.Goal 1) states, in part: "Recognize the
importance of cultural and heritage tourism and recreation to local,
regional and agricultural economies, including events and sites
such as corn mazes." The applicant is requesting a Use by
Special Review Permit (USR) for an Agri-tourism enterprise. The
facility is proposed to be open seasonally from May 8 to
November 8. Some of the activities proposed on the site are a
corn maze, paintball courses, haunted attractions, petting zoo,
hayrack rides, zip lines, and local concerts. The events will
culminate with a corn maze and a pumpkin festival in the fall. The
application materials state that there may be as many as 500
people per day visiting the site. There will be two (2) full-time
employees and about 50 temporary employees in the fall. The
applicant has submitted a Lighting Plan and a Noise Abatement
Plan. Adherence to these two plans, along with the attached
Conditions of Approval and Development Standards for this
proposal, will assist in mitigating the impacts of the facility on the
adjacent properties and ensure compatibility with surrounding land
uses.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Sections 23-3-40.C.5 and
Section 23-3-40.C.6 allow for a Site Specific Development Plan and 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.
C. Section 23-2-230.6.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The adjacent
properties are mainly utilized for pastures, crops, and rural residences.
The closest residence is on the south side of County Road (CR) 54;
approximately 130 feet south of the site. The closest residence to the
proposed activities is on the east side of CR 17; approximately 520 feet
east of the site. Coyote Ridge Subdivision is located to the west of the
site and the Loveland/Greeley Canal crosses through the northern parcel.
There are eight (8) USRs located within one (1) mile of this parcel.
USR-154 is for a 2,850-head feed lot and is west of the site. Amended
USR-1329 and Amended USR-672 are both for gravel mining and are
located southwest of the site. USR-585 is for a natural gas facility and is
located east of and adjacent to the site; however, it appears it has not
been built. USR-871 is for three (3) radio towers; USR-1060 is for a
cellular tower; USR-796 is for a microwave tower, and USR-1296 is for a
wholesale and retail nursery and are all located east of the site. The Weld
County Department of Planning Services has received one phone call
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and one letter from surrounding property owners. The letter outlines
concerns about trash, dust, alcohol, noise, traffic, lighting, aviation
activities, security, and the corn- egg- and pumpkin- cannons; the query
from the phone call was about details of the activities proposed for this
USR. The applicant has submitted a Lighting Plan and a Noise
Abatement Plan. Adherence to these two plans, along with the attached
Conditions of Approval and Development Standards for this proposal, will
assist in mitigating the impacts of the facility on the adjacent properties
and ensure compatibility with surrounding land uses.
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, and the Towns of Windsor, Milliken and Johnstown.
The City of Greeley and the Town of Johnstown did not respond with any
referral comments. The Towns of Milliken and Windsor, in the referral
comments dated July 2, 2014, and July 8, 2014, respectively, stated no
concerns.
E. Section 23-2-230.6.5 -- 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 23-2-230.6.6 -- 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
115 acres designated as "Prime if they become Irrigated" and
approximately 118 acres designated as "Prime (Irrigated)," per the 1979
Soil Conservation Service Important Farmlands of Weld County Map.
This USR will not take "Prime (Irrigated)" farmland out of production.
G. Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards can ensure
that there are adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Hankins Farms, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR14-0033, for a Recreational Facility
with uses similar to those seen at a Guest Farm and Fairgrounds 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 plat:
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A. The applicant shall address the requirements of the Colorado Department
of Transportation, as stated in the referral response dated
August 8, 2014. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
B. The applicant shall address the requirements and concerns of the Weld
County Department of Building Inspection, as stated in the referral
response dated July 1, 2014. Evidence of such shall be submitted, in
writing, to the Weld County Department of Planning Services.
C. The applicant shall upgrade the entrance with double cattle guards across
both lanes (two-way traffic), not in the County right-of-way, with adequate
turning radius adjacent to CR 17. Recycled asphalt or road base is
required to prevent tracking mud and debris from the site onto the County
road.
D. A Stop sign shall be installed at the main entrance/exit as CR 17 is
classified as an arterial.
E. A water quality feature to catch stormwater runoff from the parking area
needs to be sized for the parking area.
F. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR14-0033.
2) The attached Development Standards.
3) The plat shall be prepared per Section 23-2-260.D of the Weld
County Code.
4) The plat shall delineate the trash collection areas.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas. Areas used for storage or trash collection
shall be screened from adjacent properties and public
rights-of-way. These areas shall be designed and used in a
manner that will prevent trash from being scattered by wind or
animals.
5) The approved Signage Plan.
6) The approved Parking Plan.
7) The approved Lighting Plan.
8) The applicant shall delineate a parking and circulation layout plan
for the overflow parking. The plan shall be dimensioned and
demonstrate that there is adequate turning radii, internal
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circulation, and adequate access for emergency ingress and
egress.
9) The applicant shall delineate on the site plan a staging area for
cars on the main internal access road before the ticket booth and
main parking area to avoid staging of vehicles on CR 17.
10) CR 17 and CR 54 are designated on the Weld County Road
Classification Plan as arterial roads, which require 140 feet of
right-of-way at full buildout. There is presently 60 feet of
right-of-way. An additional 40 feet shall be delineated on the plat
as future CR 17 and CR 54 rights-of-way. All setbacks shall be
measured from the edge of future rights-of-way. The applicant
shall verify the existing rights-of-way and the documents creating
the rights-of-way and this information shall be noted on the plat. If
the rights-of-way cannot be verified, they shall be dedicated.
These roads are maintained by Weld County.
11) The applicant shall show the approved access on the plat and
label it with the approved access permit number (AP# to be
provided).
12) Tracking control is required to prevent tracking mud and debris
from the site on to the County roadways. The applicant shall place
double cattle guards across both lanes at the entrance.
G. The applicant shall address the requirements of the Weld County Traffic
Engineer, as stated in the referral response dated August 18, 2014.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
an electronic version (.pdf), or three (3) paper copies, of the plat to the Weld
County Department of Planning Services for preliminary approval. The plat shall
be prepared in accordance with the requirements of Section 23-2-260.D of the
Weld County Code. Upon approval of the plat, the applicant shall submit a Mylar
plat, along with all other documentation required as Conditions of Approval. The
Mylar plat and additional requirements shall be submitted within one hundred
twenty (120) days from the date of the Board of County Commissioners
Resolution. The Mylar plat shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. 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 plat 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.
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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.
5. Prior to construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading
Permit will be required prior to the start of construction.
6. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review plat
is ready to be recorded in the office of the Weld County Clerk and Recorder or
the applicant has been approved for an early release agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 3rd day of September, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dia , wugl s adem�.'5
G/duW/ � c er, hair
Weld County Clerk to the B'- d
,r►.,; '� CUSED
. .
,1�1 l� _;�� :i�arbara Kirkmeyer, Pro-Tem
B l. I J r f [.�. 1. _ _
De Clerk to the Boar\" q�i'
(( tt . Sean P. Conway
AP' • .r M: n �� 'tP
Mike Free
C.untyAttorney C
Wit0. Garcia
Date of signature: q-A2
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
HANKINS FARMS, LLC
USR14-0033
1. A Site Specific Development Plan and Use by Special Review Permit, USR14-0033, is
for a Recreational Facility, with Uses similar to those seen at a Guest Farm and
Fairgrounds 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 Guest Farm operating days are limited to Friday through Sunday from May 8 to
September 15 and Wednesday through Sunday from September 16 to November 8, as
stated by the applicant.
4. The hours of operation will be:
May 8 to September 15
Friday 5:00 p.m. — 10:00 p.m.
Saturday 9:00 a.m. - 10:00 p.m.
Sunday noon —6:00 p.m.
September 16 to November 8
Wednesday and Thursday 5:00 p.m. —9:00 p.m.
Friday 5:00 p.m. — 10:00 p.m.
Saturday 9:00 a.m. - 10:00 p.m.
Sunday noon —6:00 p.m., as stated by the applicant.
5. The facility is permitted for the following activities:
Corn maze, thrill/haunted corn maze, tree maze, children's bale maze, haunted slough
tour, live music/featured concert, paintball courses, mobile paintball tour, zip lines, family
movie night, hayrack riders, trail rides, farm animal petting zoo, pumpkin patch,
mechanical bus, laser tag, hay bale pyramid, karaoke stage, corn-, egg-, and pumpkin
cannons, draft horse pulling competition, livestock and dog demonstrations, farmer's
market, mutton busting, roping competitions, food vendors, disc- and Frisbee golf, giant
jump pillow, corn games, various kids activities, children's playground, children's tree
houses, pumpkin launcher/catapult, barn/pet animal races, barrel train, corn sand box,
pedal cars, obstacle course/fun runs, rope courses, and various educational agricultural
demonstrations.
6. Modifications to proposed yearly activities shall be submitted, in writing, on or before
May 1 of any given year.
7. The signage on the site shall be maintained in accordance with the approved Signage
Plan.
8. The parking shall be maintained in accordance with the approved Parking Plan.
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9. Prior to the sale of any alcoholic beverages, applicant shall apply for and receive all
appropriate State licenses.
10. The applicant shall maintain compliance with all the requirements of the Department of
Labor and Employment's Public Safety requirements for Amusement Rides and Devices.
Evidence shall be provided to the Department of Planning Services upon request.
11. There shall be no open burning conducted on the site, with the exception to burning
defined as, "agricultural open burning" by Regulation No. 9 of the Colorado Air Quality
Control Commission Regulations.
12. Materials used for paintball shall be considered non-toxic.
13. The applicant shall post "No Smoking" signs in sufficient locations to ensure fire will not
be allowed near flammable areas.
14. The applicant shall develop and maintain a plan for emergency medical response for
individuals requiring medical attention on the site and within the corn maze.
15. The applicant shall continue to follow Traffic Control Plans which conform to the Manual
on Uniform Traffic Control Devices (MUTCD) for all events at this facility. All Traffic
Control Plans, at a minimum, must contain a flagger control, temporary traffic control
signing, and cones.
16. 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 Section 15-1-180 of the Weld County Code
17. There shall be no staging or parking of vehicles on County Road 17. Utilize on-site
parking only.
18. 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.
19. 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.
20. 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 the approved Waste Handling
Plan.
21. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The
facility shall be operated in accordance with the approved Dust Abatement Plan.
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22. 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.
The facility should operate in accordance with the Noise Control Plan.
23. Adequate drinking, hand washing and toilet facilities shall be provided for employees
and patrons of the facility, at all times. As this is a temporary or seasonal use that is
utilized six (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
Health
the Weld County Department of Public Hea t
quarterly basis and available for review by p
and Environment (WCDPHE). Portable toilets shall be serviced by a cleaner licensed in
Weld County and shall contain hand sanitizers.
24. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the
Colorado Department of Public Health and Environment (CDPHE), Water Quality Control
Division.
25. The applicant shall comply with Colorado Retail Food Establishment Rules and
Regulations governing the regulation of food service establishments.
26. If applicable, the applicant shall comply with the Colorado Department of Agriculture
(CDA), Division of Animal Industry.
27. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
28. 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 of the adjacent
properties in accordance with the plan. Neither the direct, not 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.
29. 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.
30. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
31. 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.
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32. 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.
h
oroperator shall be responsible for complyingwith all oft e
33. The property owner p
p P Y
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.
34. 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 plat and recognized at all times.
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