HomeMy WebLinkAbout20092464.tiffHEARING CERTIFICATION
DOCKET NO. 2009-49
RE: SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW
PERMIT #1232 FOR A RECREATIONAL FACILITY, WITH USES SIMILAR TO THOSE
SEEN AT GUEST FARMS AND FAIRGROUNDS, IN THE A (AGRICULTURAL) ZONE
DISTRICT - ANDERSON SOUTH FARM, LLC, DBA AMAIZEING FARM EVENTS /
JIM ANDERSON
A public hearing was conducted on September 16, 2009, at 10:00 a.m., with the following
present:
Commissioner William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway
Commissioner Barbara Kirkmeyer - EXCUSED
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
The following business was transacted:
I hereby certify that pursuant to a notice dated August 10, 2009, and duly published August 13,
2009, in the Windsor Beacon, a public hearing was conducted to consider the request of
Anderson South Farm, LLC, dba aMAIZEing Farm Events / Jim Anderson, for a Site Specific
Development Plan and Amended Use by Special Review Permit #1232 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. Chair Garcia
explained to Todd Hodges, the applicant's representative, that he has the option of continuing
the matter to a date when the full Board would be present. However, if he decides to proceed
today, the matter will require three affirmative votes, or in the case of a tie vote, Commissioner
Kirkmeyer will review the record and make the determining vote. Mr. Hodges indicated he
would like to proceed today.
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 located east of County Road 3.25, west of County Road 5, and one -quarter
mile north of State Highway 52. He confirmed USR #1232 was approved by the Board in July,
1999, and the reason for the amendment is to allow for additional numbers of persons utilizing
the facility so that applications for Temporary Assembly permits are not necessary. He gave a
brief description of the requested visitor totals, as stated within Development Standard #29, and
indicated there are twenty surrounding property owners within 500 feet of the property, with a
Mineral Resource Development Facility located to the west of the site. He confirmed the Left
Hand Water District provides water service to the site, and a septic system handles the effluent
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FARM EVENTS / JIM ANDERSON (AMUSR #1232)
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flow. He indicated the primary access to the site is on County Road 3.25, and the interior roads
are graveled and graded. He stated 22 referral agencies reviewed the application materials,
and 18 provided comments which have been addressed through the Conditions of Approval and
Development Standards. He confirmed a letter provided by a surrounding property owner
indicated she previously had concerns regarding noise, traffic, and duration of events; however,
the letter indicates after a discussion with Mr. Hodges, her concerns have been resolved, and
she does not object to the application. He further confirmed another surrounding property
owner provided a letter of support, and the applicant has provided a petition of support, which
totals 53 pages. Mr. Ogle displayed photographs of the site and surrounding area, and in
response to Chair Garcia, Mr. Ogle clarified the applicant has obtained the proper building
permits for the construction of the structures utilized for the "Corn College", which is currently
under review by staff, and the applicant is requesting to utilize cargo containers as structural
walls. He further clarified once the applicant receives approval of the amended USR permit, the
Fire Department will sign off on the building permit. He clarified the applicant is required to have
two points of ingress and egress for the site, and a rear access for the site is the only
outstanding modification necessary.
Mr. Ogle requested the deletion of Conditions of Approval #1.A.9, #1.A.10, #1.A.11, #1.C, #1.D,
#1.E, #1.F, and #1.1, since the applicant has met the necessary requirements. In response to
Chair Garcia, he confirmed there are no proposed modifications for the Development
Standards.
Don Carroll, Department of Public Works, stated access to the site is on County Road 3.25,
which is a local paved road, containing 60 feet of right-of-way. He indicated the most recent
traffic count indicates approximately 385 vehicles utilize the road on a daily basis, and over
14,000 vehicles utilize State Highway 52, therefore, the intersection is very busy. He confirmed
the applicant has provided a Drainage Report for the site, which has been deemed adequate,
and the circulation on the site appears to be adequate as well. He indicated the overflow
parking area is 30 acres in size, which will be adequate to accommodate the heavy parking
needs on peak days, and the designated parking area, consisting of one acre, will be utilized on
a daily basis. He further indicated the applicant provided a Traffic Study, with the identified
number of expected traffic trips to the site on peak event days, and the applicant has contacted
the Colorado Department of Transportation (CDOT) regarding the need for improvements at the
intersection of State Highway 52 and County Road 3.25. He clarified improvements were
recently completed at the intersection, therefore, it is not expected that the applicant will be
required to provide any improvements within the near future.
Lauren Light, Department of Public Health and Environment, reiterated the Left Hand Water
District will provide water to the site, and a letter from the District indicates that the commercial
uses on the site may be accommodated. She indicated the site contains a permitted septic
system, which is designed for use by up to 200 people, and staff has worked with the applicant
regarding the use of additional portable toilets. She confirmed a Sewage Disposal and Portable
Toilet Plan was created, and Development Standard #12 references that the Plan must be
adhered to at all times. She stated the applicant has submitted the required Dust Abatement
and Waste Handling Plans, and she confirmed the applicant does spray down the parking areas
with water prior to large events. She indicated there are trash containers located throughout the
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FARM EVENTS / JIM ANDERSON (AMUSR #1232)
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site, which are emptied regularly by employees, and the site is required to adhere to the noise
standards allowed within the Commercial Zone District, which is consistent with the original
USR permit. She confirmed the applicant has addressed many of the requirements prior to
today's hearing, and she has no outstanding concerns. In response to Chair Garcia, Ms. Light
clarified the open burning restrictions, described within Development Standard #8, prevent the
applicant from being allowed to build large bonfires on the site. She further clarified the
applicant is still allowed to conduct burning on the site for agricultural purposes; however, no fire
may be utilized for entertainment purposes without obtaining the necessary additional permits.
She confirmed the cooking of food on the site is regulated through the retail food service rules,
and is addressed within Development Standard #16. Further responding to Chair Garcia,
Ms. Light clarified the permanent restrooms located at the facility may be utilized by up to 200
people per day, and the Plan previously referenced will address the necessary number of
portable toilets to be added at the site on days when more than 200 people are expected.
Responding to Commissioner Conway, Janet Carter, Department of Public Works, stated the
need for an additional acceleration/deceleration lane is warranted during the special event
periods, as referenced within Development Standard #31, and she confirmed staff is not
requiring the applicant to construct this improvement at this time. Further responding to
Commissioner Conway, Ms. Carter indicated an additional lane is typically required when a
business has more than 25 vehicles turning into the site during one of the peak hours; however,
the traffic to this site is not concentrated during specific hours. She confirmed the applicant will
utilize traffic control measures during the larger events, which helps alleviate the need for an
additional permanent turn lane. She further confirmed the additional turn lane would only be
necessary approximately six times per year, and the cost of the improvements would be
extremely prohibitive for the applicant. She reiterated the use of appropriate traffic control
measures will be adequate. In response to Commissioner Rademacher, Ms. Carter confirmed
County Road 3.25 currently contains 60 feet of right-of-way, and it does not have a requirement
for the reservation of future right-of-way, as it is expected to remain classified as a local paved
road. She clarified the expansion of State Highway 52 may require additional right-of-way in the
future; however, the intersection currently contains a left -turn lane, and an acceleration lane.
She further clarified it may become necessary for the applicant to update the necessary access
permit with CDOT in the future, and the applicant is aware of this.
Mr. Hodges stated the original USR permit was approved in 1999, and one of the requirements
within the Development Standards was that the applicant must request a Temporary Assembly
Permit for each event in which more than 499 people would be present on the site. He
indicated the amendment will allow the applicant to have an additional number of people on the
site, without having to obtain a separate Temporary Assembly Permit. He displayed his
PowerPoint presentation, marked Exhibit H, and in response to Commissioner Rademacher, he
indicated the municipal limits for the Towns of Erie and Frederick on the map provided, and he
confirmed the Town of Erie has jurisdiction of the segment of State Highway 52 near the
applicant's property. He indicated a majority of the site is still in agricultural production, and a
secondary access at the site leads to the overflow parking area for large events. He clarified
the number of people on the site during large event days is spread out throughout many hours,
and he confirmed the site has never had 10,000 people present at one time. He indicated the
biggest event throughout the year is the Harvest Festival; however, many school groups also
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visit the site for educational and fun activities. He clarified the school buses are staged within
the parking lot, and the flow of traffic is smooth since the site contains detailed signage and
directions. He indicated a big component of the site is the open classroom with educational
activities, where children are able to learn where food comes from, and it is his understanding
that the process for approval of the building permit may move forward once the amended USR
application is approved. He clarified a special needs wagon is available for those with
disabilities or who require additional help navigating the site, and a farm tour wagon allows
visitors to be up close to the animals around the farm. He indicated another favorite activity for
children is the mining sluice, which is an educational activity to teach visitors about the
components of geology. Mr. Hodges indicated a petition of support was provided for the record,
containing 53 pages of signatures, and he requested approval of the amended USR permit.
Diane Healy, surrounding property owner, stated she is one of the neighbors in closest proximity
to the site. She requested clarification regarding the definition of an "event", specifically if an
"event" is considered to be one day in duration, and not an unlimited number of days strung
together. She clarified she does not desire for the applicant to be allowed to hold an "event"
which lasts for an entire month. Ms. Healy indicated the letter she provided mentioned
concerns regarding traffic, and she confirmed there have been times in past years when traffic
has been stacked on County Road 3.25, trying to turn into the site. She indicated the large
amount of traffic in the area during large events presents problems for her to gain access to her
property. She confirmed she was made aware that the applicant will be utilizing an additional
access for overflow parking, which she believes will resolve her concerns regarding traffic. She
stated the other concern presented within her letter was regarding noise at the site, and she
confirmed it is possible to hear the cannons on the site at night. She requested if the applicant
is allowed to continue utilizing the cannons, that the usage of cannons is stopped at 9:00 p.m.
on weeknights; however, Mr. Hodges has previously discussed with her that the applicant is not
intending to utilize the cannon during this year's festivities.
In response to Chair Garcia, Mr. Ogle confirmed staff defines an "event" as a one -day
occurrence, for the purposes of this application. He further confirmed the applicant has
limitations regarding the number of days a large amount of people may be present on the site,
and Chair Garcia read Development Standard #29 into the record. Commissioner Long
indicated clarification is necessary that the applicant will be allowed the described number of
events on an annual basis, and Commissioner Conway suggested the addition of the word
"Annually," to the beginning of Development Standard #29.
Responding to Chair Garcia, Ms. Healy indicated she understands the definition of an event is
one -day in duration, and she does not have any additional concerns. She clarified she is not
trying to block the applicant from being allowed to conduct business operations on the site,
rather, she is present at today's hearing to request clarification, which she has now received.
Mr. Barker indicated Temporary Assembly permits, which the applicant had previously applied
for on an annual basis, allow for events of up to three (3) consecutive days, therefore, an
inconsistency exists within the application materials. He further indicated the Resolution needs
to specifically clarify that an "event" is a one -day occurrence, since it is inconsistent with the
language utilized for Temporary Assembly permits. Chair Garcia indicated he assumes that
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FARM EVENTS / JIM ANDERSON (AMUSR #1232)
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weekends are the most popular days for large crowds at the site and he does remember from
previous Temporary Assembly permit applications that the applicant was allowed an entire
weekend to be defined as one event. Ms. Healy indicated she does not have concerns if the
definition of an "event" is determined to be three consecutive days in length.
Marcia Poss, surrounding property owner, indicated her home is the closest residence to the
site, and she also provided a letter of support for the file, marked Exhibit F. She confirmed
when she is in her house during night-time hours, with her windows closed, she is not able to
hear the activities occurring on the applicant's site. She further confirmed if she is sitting
outside at night, she is able to hear the activities; however, the noise is not an issue of concern
for her. She indicated Mr. Anderson is a good neighbor, and the business does try hard to
accommodate its neighbors. She confirmed the farm was in existence before many of the
surrounding property owners moved into the area. She indicated the traffic in the area does
increase during the Harvest Festival, which is understandable; however, she does not believe
the site generates more traffic than the gravel pits in the area do. She confirmed she has lived
in the area for approximately seven years, and she has only witnessed cars backed up on
County Road 3.25 on a hand -full of occasions. She indicated State Highway 52 does contain
an acceleration lane now, due to the recent improvements completed, and she is in support of
the application. She clarified that she previously came to a hearing to express concern
regarding a proposed event to be held at the site; however, she was opposed to the loud
concert, and not the operation of Anderson Farms in general. She confirmed the educational
programs provided at the site are excellent, and the noise does not really present a problem for
neighbors in the surrounding area. There being no further discussion, the Chair closed the
public input portion of the hearing.
Mr. Hodges clarified he previously explained to Ms. Healy that the cannon noise she has heard
in the past was coming from a cannon utilized within the haunted area of the site, which will not
be utilized any longer. He further clarified the cannon which launches pumpkins will still be
utilized; however, it does not make a large amount of noise. He confirmed the traffic concerns
have been resolved with the addition of the secondary access and overflow parking area, and
the creation of a Traffic Control Plan. Mr. Hodges requested a short recess of the matter in
order to consult with the applicant regarding the intended definition of an event. Responding to
Commissioner Rademacher, Mr. Ogle confirmed the definition of an event as up to three (3)
consecutive days is for a Temporary Assembly permit, and the applicant is not requesting any
Temporary Assembly permits through this application process. He confirmed the Department
considers an event to be one day in duration for the purposes of this application. Chair Garcia
issued a five-minute recess of the matter, at the request of the applicant.
Upon reconvening, Mr. Hodges stated the events with a large number of visitors to the site
typically occur within the month of October, and there are a limited number of weekends. He
confirmed the applicant has applied for Temporary Assembly permits in the past, which allowed
an entire weekend to be considered as one event, and it would be beneficial for the applicant if
an event were still defined as up to three (3) consecutive days; however, the applicant
understood that it was staff's intent throughout the entire application process than an event is
defined as one day. He confirmed Development Standard #29 contains an adequate
description of allowed event days for the operation of the site. He clarified if the Board is more
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comfortable defining an event as "up to three (3) consecutive days", the applicant will not object.
Commissioner Conway clarified if the definition of an event is determined to be up to three days,
then the applicant will be given the ability to allow a maximum capacity of 10,000 people on the
site for a total of eighteen days, through the allowance of the six "events" described within
Development Standard #29. He indicated the comments presented by Ms. Healy indicated
concern regarding this type of situation, and he believes the intent of the language within
Development Standard #29 to allow a total of 26 days with a large attendance within any given
year. Mr. Hodges concurred with Commissioner Conway, and in response, Commissioner
Conway suggested the word "daily" be inserted within the language, to provide clarification. He
clarified if the applicant were allowed a total of nine days with maximum capacity, it would
adequately cover three of the weekends within the month of October, and the Board could
discuss other options, in order to provide flexibility for the applicant. Commissioner
Rademacher reiterated that if the definition of an event is determined by the Board to be up to
three days, instead of one day, as originally intended, the applicant will be allowed to have over
10,000 people on the site for a total of 18 days. Mr. Barker clarified it is acceptable for the
Board to determine that the definition of an event, for the purposes of this amended USR permit,
is one day only. He indicated with an event being one day in length, the applicant will still be
allowed six days in which up to 10,000 visitors will be allowed on the site; ten days in which up
to 5,000 visitors are allowed on the site; and ten days in which up to 1,200 visitors will be
allowed on the site, for a total of 26 days in which more than 499 visitors may be on the site. He
suggested additional language to be added to Development Standard #29, to state, "For the
purposes of AmUSR-1232, an "event" is considered to be one (1) day in duration. No
Temporary Assembly Permit shall be necessary for the events as described and allowed
herein." He confirmed the additional language will clarify that the applicant is not required to
apply for Temporary Assembly permits, which was the original intent of the amendment
process. Commissioners Rademacher and Conway concurred with the additional language.
In response to Commissioner Conway, Jim Anderson, applicant, confirmed that a total of six
days for up to 10,000 visitors will be adequate, especially since there has only been one day in
the history of the site that over 9,000 visitors have come to the site. He clarified the activities at
the farm are best suited during the weekends, which is when the big crowds are expected, if the
weather is good. In response to Chair Garcia, Mr. Anderson confirmed there are no plans to
construct additional buildings on the site at this time, and it is actually not possible to seek any
new construction until the Fire District indicates it can provide the proper water coverage. He
explained the site is self-limiting, and it would be very difficult to get more than 10,000 people on
the site at one time. Chair Garcia indicated if the applicant desired to expand the operations in
the future, several improvements will be necessary for the use of buildings, and parking would
be required to be re -reviewed. Responding to Commissioner Rademacher, Mr. Anderson
reiterated he does not anticipate needing more than six days for large crowds over 10,000
people at any time in the near future. Mr. Hodges requested clarification regarding the ability to
apply for a Temporary Assembly permit for a special event. Chair Garcia indicated the
language within the Resolution does not seem to limit the applicant's right to apply for a
Temporary Assembly permit, if necessary for a specific special event, and Mr. Ogle concurred.
In response to Chair Garcia, the Board concurred with the deletion of Conditions of
Approval #1.A.9, #1.A.10, #1.A.11, #1.C, #1.D, #1.E, #1.F, and #1.1, with any necessary
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PAGE 7
re -lettering and re -numeration. Responding to Commissioner Conway, the Board concurred
with the addition of the word "Annually," to the beginning of Development Standard #29. At the
request of Chair Garcia, Mr. Barker read the proposed language to be added to the end of
Development Standard #29 into the record, and the Board concurred with the addition of the
language. In response to Chair Garcia, Mr. Hodges indicated he and the applicant have
reviewed, and concur with, the Conditions of Approval and Development Standards, as
modified. Commissioner Rademacher commented that he is familiar with the facility, which is
operated efficiently by the applicant, and he supports the application.
Commissioner Rademacher moved to approve the request of Anderson South Farm, LLC, dba
aMAIZEing Farm Events / Jim Anderson, for a Site Specific Development Plan and Amended
Use by Special Review Permit #1232 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. His motion included the
deletion of Conditions of Approval #1.A.9, #1.A.10, #1.A.11, #1.C, #1.D, #1.E, #1.F, and #1.1,
with any necessary re -lettering and re -numeration, and the modification of Development
Standard #29 to state, "Annually, the facility is restricted to six (6) events with a maximum daily
visitor population of up to 10,000 persons; ten (10) events with a maximum daily visitor
population of up to 5,000 persons; and ten (10) events with a maximum daily visitor population
of up to 1,200 persons per day. On all other days of operation, the facility will be permitted for
up to 499 participants at any one time, as approved under USR-1232. For the purposes of
AmUSR-1232, an "event" is considered to be one (1) day in duration. No Temporary Assembly
Permit shall be necessary for the events as described and allowed herein." The motion was
seconded by Commissioner Long, and it carried unanimously. There being no further
discussion, the hearing was completed at 11:20 a.m.
This Certification was approved on the 21st day of September, 2009.
ATTEST:
Weld County Clerk to th
BY:
Deputy Clerk to the B
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ll
ouglas Rademachef, Pro-Tem
Sean P. Conway
FXC( ISFII
B�rbara Kirkmeyer
David E. Long
2009-2464
PL1322
EXHIBIT INVENTORY CONTROL SHEET
Case AmUSR #1232 - ANDERSON SOUTH FARM, LLC, DBA AMAIZEING FARM
EVENTS / JIM ANDERSON
Exhibit Submitted B
A. Planning Staff
B. Planning Commission
Description
Inventory of Items Submitted
Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes dated 09/01/2009)
D. Diana Healy
E. Applicant
F. David and Marcia Poss Letter of Support, dated 08/27/09
G. Applicant
H. Applicant
I. County Attorney
J.
K.
L.
M.
N.
O.
P.
Q.
R.
S.
T.
U.
V.
Letter re: Concerns that have been addressed and
expression of support, dated 08/26/09
E-mail w/ 53 pages of petition signatures attached,
dated 09/10/2009
E-mail, dated 09/15/09, with attached letter from the Left
Hand Water District, dated 09/14/09
Copy of PowerPoint Presentation
Memo re: Additional language for Development
Standard #29, dated 09/16/09
W.
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 16TH DAY OF SEPTEMBER, 2009:
DOCKET #2009-49 - Anderson South Farm, LLC
PLEASE legibly write or print your name and complete address.
ADDRESS
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