HomeMy WebLinkAbout20102288.tiff HEARING CERTIFICATION
DOCKET NO. 2010-44
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1754 FOR A RECREATIONAL FACILITY WITH USES SIMILAR TO THOSE
SEEN AT GUEST FARMS AND FAIRGROUNDS IN THE A (AGRICULTURAL) ZONE
DISTRICT- KEVIN AND HEATHER WILLARD, C/O KYLE OSTRAND
A public hearing was conducted on September 22, 2010, at 10:00 a.m., with the following
present:
Commissioner Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tern
Commissioner Sean P. Conway
Commissioner William F. Garcia
Commissioner David E. Long
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
County Attorney, Bruce Barker
Planning Department representative, Kim Ogle
Health Department representative, Lauren Light
Public Works representative, Don Carroll
Public Works representative, Janet Carter
The following business was transacted:
I hereby certify that pursuant to a notice dated August 20, 2010, and duly published August 25,
2010, in the Fort Lupton Press, a public hearing was conducted to consider the request of Kevin
and Heather Willard, c/o Kyle Ostrand, for a Site Specific Development Plan and Use by Special
Review Permit #1754 for a Recreational Facility with uses similar to those seen at guest farms
and fairgrounds in the A (Agricultural) Zone District. Bruce Barker, County Attorney, made this
a matter of record.
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and
entered the favorable recommendation of the Planning Commission into the record as written.
He stated the site is approximately 248 acres in size, and is north of Interstate 76 (1-76), east of
County Road 47, and south of County Road 16 Section Line. He indicated the applicant is
proposing an agri-tourism facility, to be called the Wild West Corn Maze, and will provide events
such as corn mazes, county fairs, farm implement museums, and other uses listed within
Development Standard #32. He stated the facility will operate between July 1, and October 31,
of each year, and up to five events, on weekends only, will occur during the summer months of
each year. He clarified Development Standard #31 details the hours of operation for both the
summer and fall activities. He indicated the facility is located within the three-mile referral area
for the Towns of Hudson and Keenesburg, and is within the Intergovernmental Agreement (IGA)
area for the Town of Hudson. He stated the referral response provided by the Town of Hudson
indicated concerns regarding traffic management at the intersection of State Highway 52 and
the westbound off-ramp of the 1-76 frontage road, including poor sight distance, and conflicting
turning movements. He further stated the Town also provided comment regarding the Hudson
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Correctional Facility, regarding the proposed air space for the helicopter rides, and the Town of
Keenesburg indicated no concerns within its referral response. Mr. Ogle confirmed
representatives with the Colorado Department of Transportation (CDOT), Town of Hudson, and
Weld County have been in discussion regarding the access requirements and the turning
movements in the anticipated closure of the 1-76 frontage road. He indicated the surrounding
land use is predominantly agricultural in nature, farmed for alfalfa, hay, and other crops, and to
the west of the site is an egg farm with 1.6 million chickens, known as Sparboe Farms. He
further indicated the correctional facility is located northwest of the facility, an industrial
manufacturing facility is located south of 1-76, and southeast of the facility is a natural gas power
plant. He stated there are three single-family residences within close proximity, eighteen
referral agencies reviewed the application materials, and seven provided comments which have
been addressed within the Conditions of Approval and Development Standards. He confirmed
there have been no letters or telephone calls provided by surrounding property owners;
however, staff has received numerous e-mails and telephone calls from interested parties, and
a copy of the proposed Traffic Control Plan has been provided to representatives from Sparboe,
Kerr-McGee, and the correctional facility. He indicated the correctional facility did provide one
additional comment concerning the ability to transport prisoners to and from the facility, and the
applicant has agreed to be available by radio and telephone during events so that the
barricades may be removed, if necessary. Mr. Ogle indicated Exhibits E and F request
amendments to the Conditions of Approval and Development Standards, and he displayed
photographs of the site and surrounding area. He confirmed if the frontage road is required to
be closed, the applicant will utilize the alternate Traffic Control Plan.
Don Carroll, Department of Public Works, stated County Road 47 is also known as Oak Street,
it has been annexed and is maintained by the Town of Hudson, and it is a local paved road with
60 feet of right-of-way. He indicated the access to the site was originally proposed at the
southwest corner; however, it was relocated to the north to provide more distance from the
intersection and to provide a 90-degree angle. He confirmed the existing access with the cattle
guard will be retained as an agricultural access, and the new access for the facility will provide
the better ability to stage vehicles without tying up traffic on the road. He clarified the main
parking area is well setup and the circulation and overflow parking area is also adequate. He
confirmed there will be no staging or parking of vehicles on roads, and a Stop sign will be
installed on the site for vehicles exiting onto Oak Street. He indicated a Dust Abatement Plan is
in place for dust control, and the applicant will be utilizing a tanker water truck with a spray bar
and dust suppressant chemicals. He clarified a portion of the property is located within the
floodplain for Box Elder Creek; however, none of the areas in which events will take place are
located within the floodplain. He confirmed staff has requested the applicant provide a water
quality feature for drainage on the site, and the applicant will create a vegetative buffer between
the parking area and the event areas, which is adequate.
Janet Carter, Department of Public Works, indicated the submitted Traffic Study was deemed to
be adequate, and addressed the concerns of the County. She confirmed there has been a large
amount of communication between the applicant, CDOT, Town of Hudson, and staff regarding
the traffic control for the surrounding area, and most of the issues concerned determining an
adequate route. She clarified the Town of Hudson expressed the most concern regarding the
travel route; however, with subsequent meetings, the applicant has been able to address a
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majority of the concerns presented. She indicated the Town of Hudson had concerns regarding
the lack of signs at the intersection of County Road 12.5 and State Highway 52, and she has
requested Department crews install a sign warning of the curve in the road. She confirmed the
determined route best addressed the concerns of the Town of Hudson and the applicant will
provide magnesium chloride to the section of roadway within Weld County. In response to
Commissioner Kirkmeyer, Ms. Carter confirmed the barricades will be placed at Hickory and
Cedar Streets, when necessary, which is the request of the Town of Hudson. She further
confirmed the Town indicated it did not want traffic from the facility to travel on these streets
during the intended hours of operation. Commissioner Kirkmeyer stated the referral provided by
the correctional facility indicates it has concerns regarding the use of the barricades. Ms. Carter
clarified the first traffic control plan submitted by the applicant appeased the requirements set
forth by CDOT; however, CDOT desires to shut down the frontage road, due to sight distance
issues, and the Town of Hudson does not want the road to be closed. She indicated the parties
all got together for further communication, at which time the Town of Hudson indicated it did not
want any traffic control on the roads, to allow free flow of traffic; however, CDOT indicated at the
time that barricades must be installed on the frontage road. She confirmed the applicant was
able to work out a compromise between the requirements of the two entities, and the amount of
traffic on a weekly basis will determine which traffic control elements must be implemented.
She clarified the traffic study estimates that approximately 2,300 people will attend a peak
weekend event; however, for the first year of operation, it is not expected for the facility to reach
this threshold. She further clarified the traffic generated will not be great enough to warrant a
full closure of the frontage road requested by CDOT; therefore, a meeting will take place after
the first weekend of operation to evaluate the traffic control. She indicated the County, CDOT,
and the Town of Hudson all have the authority to enact the traffic control plan when it is
determined to be necessary, and it must be enacted by the applicant. She clarified the
correctional facility indicated concurrence with the plan, as long as someone is available to
remove the barricades, when necessary for a transport, and the applicant has committed to be
available for contact.
Ms. Carter expressed her appreciation to the applicant and confirmed he has been more than
practical in dealing with the requirements of both CDOT and the Town of Hudson. She
indicated the Town of Hudson then requested that Hickory and Cedar Streets be barricaded
during times when the traffic control plan is enacted, and CDOT and the Town of Hudson are
now both having their concerns met. She confirmed the traffic control plan will only be enacted
during the three months of the year that the facility is in operation.
Commissioner Garcia indicated the Mayor of Hudson contacted the County regarding the
potential annexation and paving of County Road 12.5; however, he has not received any further
information regarding this process. In response, Ms. Carter clarified the Town of Hudson
indicated the Town Council desires to deal directly with the Board of Commissioners regarding
the issue, and the Mayor is intending to work with Commissioner Kirkmeyer to set up a meeting.
Responding to Commissioner Conway, Ms. Carter confirmed the compromise regarding the
traffic plan is acceptable to the applicant, and the barricades will be only enacted when the
vehicle count exceeds the threshold. She further confirmed if any of the agencies notice
problems with traffic in the area, a representative from any of the three agencies may request
implementation of the traffic control plan. In response to Chair Rademacher, Ms. Carter
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indicated the need for dust abatement is warranted by the existing traffic count, and the
applicant has already agreed to provide the necessary dust control measures.
Lauren Light, Department of Public Health and Environment, confirmed the facility is considered
to be a temporary use; therefore, the use of portable toilets and bottled water are acceptable,
and the minimum number of portable toilets will be determined based upon the recognized
events chart which was utilized for the Anderson Farms facility, with similar uses. She clarified
this requirement is addressed within Development Standard #12, and United Site Services will
provide the portable units. She stated the applicant has submitted the required Dust Abatement
and Waste Handling Plans, and water will be purchased from A and W Water for dust control
purposes. She indicated the applicant originally intended to utilize one of the wells on the site;
however, the wells are permitted for irrigation purposes, and the well would be required to be
re-permitted. She stated the trash containers on the site will be emptied into dumpsters by
employees, trash service is provided weekly, and the noise on the site will be restricted to the
levels allowed within the Commercial Zone District. She confirmed the requirements of this
facility are consistent with other similar venues, and the applicant did a great job of addressing
most of the requirements before the Planning Commission hearing was held; therefore, the
Department does not have any outstanding concerns.
Kyle Ostrand represented the applicant and indicated he is a personal friend of Kevin Willard,
property owner. He clarified the property is typically farmed; however, it has become
increasingly tough to earn adequate finances through the farming operations, therefore, this
past winter they brainstormed ideas of how to transition this property from its farming
production. He concurred it was decided to create a corn maze and partnered with Mr. Willard
to move forward with this project. He acknowledged it has been a long process, and the initial
meeting for this proposed facility was held in March, 2010. He confirmed he has met with all the
jurisdictions to fulfill requirements and obtain necessary permits, and he is committed to
wrapping up the final details so that this venture becomes successful. Commissioner Kirkmeyer
expressed her appreciation to Mr. Ostrand for his patience in dealing with the referral entities
during this application process.
Responding to Chair Rademacher, Ms. Carter indicated the average daily traffic count on
County Road 12.5 is 111 vehicles. She explained the frequency of the traffic associated with
this facility is expected to occur primarily on weekends, and the potentially large increase of
traffic creates the concern for structural damage to the road. She indicated the applicant has
agreed to provide a full-depth treatment of the road on an annual basis before the events are
scheduled to begin in the summer months.
No public testimony was offered concerning this matter.
Mr. Ogle reviewed his memorandum for the record, marked Exhibit E, and the Board concurred
with the deletion of Conditions of Approval #1.D, #1.E, #1.H, #1.K, and #1.L. The Board further
concurred with the deletion of Conditions of Approval #1.1 and #1.M. Mr. Ogle reviewed
Exhibit F, requesting the addition of Development Standards, and the Board concurred with the
addition of Development Standards #38, #39, #40, and #41, as requested within the
memorandum. In response to Chair Rademacher, Mr. Ogle clarified the semi-trailer to be
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utilized for advertisement of the corn maze is required to be licensed; otherwise, it could be
considered to be a derelict vehicle. He confirmed semi-trailers must be approved for over the
road hauling uses, as they are not allowed to be utilized solely for advertising purposes. In
response to Commissioners Kirkmeyer and Garcia, Mr. Ostrand confirmed the semi-trailer is
licensed and is also utilized for agricultural storage purposes during other seasons.
In response to Chair Rademacher, Mr. Ostrand indicated he concurs with the modifications
proposed, including the requirement to provide hourly traffic counts, as referenced within
Development Standard #41. In response to Chair Rademacher, Ms. Carter confirmed the Town
of Hudson indicated concerns with the timing of the traffic in relation to the shift changes for
employees at the correctional facility, and the record of vehicle counts was required to appease
the Town of Hudson. Responding to Commissioner Conway, Ms. Carter clarified the shift
change at the correctional facility occurs at 11:00 a.m., and 11:00 p.m., on a daily basis, and
this facility is expected to close at 11:00 p.m., therefore, the Town wanted to be able to enact
the traffic control plan if the amount of traffic becomes excessive at 11:00 p.m. She further
clarified the applicant expects the biggest event of any given year to be on Halloween,
therefore, the traffic control plan will be enacted for this day on an annual basis. Further
responding to Commissioner Conway, Ms. Carter indicated the implementation of the traffic
control measures will be triggered by the amount of traffic travelling to, and from, the site.
Commissioner Conway indicated it seems to make more sense to have additional options for
traffic to exit the site; however, it appears the Town is requesting reduced options.
Commissioner Garcia expressed his concern that the hourly traffic counts will be required every
year, as currently indicated within Development Standard #41. Ms. Carter confirmed the traffic
counts only need to be collected during the first year of operation, which will dictate the annual
access permit required to be obtained from CDOT. She requested a modification to
Development Standard #41 to state, "...when the facility is open to the public for the first year of
operation, and during the five events during summer months." Mr. Ostrand concurred and
indicated the discussion with the Town of Hudson indicated the best long-term solution would be
for the frontage road to be re-routed and located along the west side of 1-76 at some point in the
future.
Mr. Ostrand indicated he desires to begin operations on the site beginning tomorrow,
September 23; however, he is concerned about doing so since the plat will not yet be recorded.
He requested for the Board to grant permission for the operations to begin, and he confirmed he
will be recording the plat as soon as it is finalized. Chair Rademacher indicated he does not
have any concerns with the request. Mr. Barker cautioned the Board that if the request from the
applicant is approved, the Board will technically be authorizing a violation to occur, which is not
acceptable. He instructed the Board that it is appropriate to indicate that the County will not
object to the operations on the site, as long as they are performed in accordance with the
requirements contained within the Conditions of Approval and Development Standards. He
clarified the Board may also indicate the early operation on this site will not be considered as a
violation they will pursue. The Board concurred with the comments provided Mr. Barker and
Chair Rademacher indicated the language on record will serve as the Board's intent regarding
the request.
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In response to Chair Rademacher, Mr. Ostrand indicated he has reviewed, and concurs with,
the Conditions of Approval and Development Standards, as modified.
Commissioner Kirkmeyer moved to approve the request of Kevin and Heather Willard, c/o Kyle
Ostrand, for a Site Specific Development Plan and Use by Special Review Permit #1754 for a
Recreational Facility with uses similar to those seen at guest farms and fairgrounds in the
A (Agricultural) Zone District, based on the recommendations of Planning staff and the Planning
Commission, with the Conditions of Approval and Development Standards as entered into the
record. Her motion included the deletion of Conditions of Approval #1.D, #1.E, #1.H, #1.1, #1.K,
#1.L, and #1.M; the addition of Development Standards #38, #39, and #40, as referenced within
the memorandum provided by Planning staff; and the addition of Development Standard #41 to
state, "The applicant shall maintain accurate counts of persons on the site, in hourly intervals,
during times when the facility is open to the public for the first year of operation, and during the
five events during summer months.". The motion was seconded by Commissioner Conway.
Commissioner Kirkmeyer clarified it has been duly noted that the Board does not have any
objections to the operation of the facility, so long as the applicant follows the regulations
required as a part of the USR permit. Commissioner Garcia wished Mr. Ostrand success in his
endeavor, and Commissioner Conway and Chair Rademacher concurred. There being no
further discussion, the motion carried unanimously, and the hearing was completed at
11:50 a.m.
This Certification was approved on the 27th day of September, 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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EXHIBIT INVENTORY CONTROL SHEET
Case USR-1754 — KEVIN AND HEATHER WILLARD, C/O KYLE OSTRAND
Exhibit Submitted By Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes dated 09/07/2010)
Town of Hudson (Joe
D. Racine) Email of Concern, dated 09/20/2010
Memo re: Modifications to Conditions of Approval, dated
E. Planning Staff 09/22/2010
Memo re: Additions to Development Standards, dated
F. Planning Staff 09/22/2010
G. Planning Staff Map of Traffic Control Plan
H. Applicant Memo re: Water usage, dated 09/21/2010
Town of Hudson (Joe
I. Racine) Email and two photos, dated 09/22/2010
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