HomeMy WebLinkAbout20060939.tiff HEARING CERTIFICATION
DOCKET NO. 2006-26
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1543
FOR A GUEST FARM (EDUCATIONAL PROGRAMMING, RESTAURANT, AND GIFT
SHOP) AND 200-HEAD DAIRY IN THE A (AGRICULTURAL) ZONE DISTRICT - COZY
COW DAIRY, LLC
A public hearing was conducted on April 19, 2006, at 10:00 a.m., with the following present:
Commissioner M. J. Geile, Chair
Commissioner David E. Long, Pro-Tem
Commissioner William H. Jerke
Commissioner Robert D. Masden
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
County Attorney, Bruce Barker
Planning Department representative, Brad Mueller
Health Department representative, Char Davis
Public Works representative, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated March 31,2006,and duly published April 5,2006, in
the Fort Lupton Press,a public hearing was conducted to consider the request of Cozy Cow Dairy,
LLC for a Site Specific Development Plan and Use by Special Review Permit#1543 for a Guest
Farm (educational programming, restaurant, and gift shop) and 200-Head Dairy in the
A(Agricultural)Zone District. Bruce Barker, County Attorney, made this a matter of record. Brad
Mueller, Department of Planning Services, presented a brief summary of the proposal,entered the
favorable recommendation of the Planning Commission into the record as written,and gave a brief
description of the location of the site and surrounding land uses. He stated Condition of Approval
#2.D has been met,can be deleted,and should be replaced with Condition of Approval#1.B,which
was required prior to scheduling but, has not been met. He explained the applicant submitted
information; however,the Department of Public Health and Environment feels the septic facility is
undersized and still needs to be addressed. Ms. Davis explained staff would like the opportunity to
resolve some outstanding issues with the applicant's engineer.
Donald Carroll, Department of Public Works, stated the site is accessed from Weld County
Road 17,which is classified as a major arterial. He stated there is a traffic light at the intersection
of Weld County Road 17 and State Highway 34, the City of Greeley municipal boundary is across
the road to the east,and there is a secondary access from a private lane north of the property. Mr.
Carroll stated the site is clean, there is adequate parking for school buses and other vehicles,and
the gravel surface is in good condition. Responding to Commissioner Vaad, Mr.Carroll stated there
is approximately 200 feet between the primary access on Weld County Road 17 and the private lane
to the north. Commissioner Vaad referred to testimony regarding the private lane as it related to the
adjacent facility,TimberRock Landscape. He further stated Weld County Road 17 is posted at 55
miles per hour,and there is a significant slope in the road north of the private drive. In response to
2006-0939
C� t. PL1833
Pt , Icy, H
HEARING CERTIFICATION - COZY COW DAIRY, LLC (USR#1543)
PAGE 2
ChairGeile,Mr.Carroll stated Condition of Approval#2.E requires the private easement to be shown
on the plat. Mr. Barker verified the court issue regarding the private easement has been resolved.
Mr.Mueller stated staff is requesting the easement be referenced on the plat,since it is being used
as a secondary access. Mr. Barker stated if the court order has been recorded, the Resolution
could be modified to include the recording information.
Thomas Haren, LANDPROfessionals,LLC,represented the applicant and stated the property has
been used as a dairyfor40 years,and the applicant wishes to add an agriculture education facility.
He stated they will provide public tours of the milking process,sell finished milk products,and allow
the visitors to get close to the animals. He stated the site is in close proximity to the City of Greeley
and the Town of Windsor, as well as an auto mall,which makes it a prime location for educating
people who may not be familiar with agricultural uses. Mr. Haren stated the dairy owner is very
active in various dairy,beef,and agricultural boards and committees,and he wants to keep the dairy
in business,while educating the public on agribusiness. He stated this will not be a money-making
use; however, the applicant does hope to break even. He further stated the site is clean, and the
parking and circulation are adequate. Mr. Haren stated he provided consulting services for the
Amaizeing Farm and Fritzler Guest Farm applications, and he noted the regulations are setup to
require septic systems that are adequate for the maximum number of guests on a daily basis,which
is not realistic in this application. He stated their engineering calculations used 1.5 gallons per
person,per day,which is the standard fora restaurant with paper service. However,he was notified
yesterday that the requirement has been increased to 25 gallons per day, per person. Mr. Haren
asked that the facility be allowed to provide portable toilets for events which will host more than the
septic system capacity will allow, and he requested Condition of Approval #2.H be modified to
require a right-of-way reservation,not a dedication. He noted a 65-foot future expansion would be
10 feet from the existing structures and over the existing septic system. He also expressed concern
with the fifth sentence of Condition of Approval#2.F, since curb stops and parking that meets the
Americans with Disabilities Act will impact the applicant's ability to maintain a gravel parking lot as
it relates to the agricultural use. He explained the applicant intends to conduct tours and allow the
visitors to taste the finished product, and there will be a store to purchase products, as well as a
small seating area to enjoy an ice cream cone. Mr. Haren requested Condition of Approval#5 be
modified to extend the time to record the plat from 30 to 120 days, as well as a change to the first
sentence of Development Standard#17 to state,"The facility shall be operated in accordance with
State law regarding Odor Abatement." He also requested Development Standard#23 be modified
to allow hand sanitizer as an option to hand washing stations, as well as a clarification that the
posted signs will promote hand washing, but not imply that the animals cause illness. Lastly, Mr.
Haren requested Development Standard#31 allow for the exemption of agricultural buildings,and
that Development Standard #34 be deleted or modified to classify the buildings as agricultural
exempt.
Pam Smith, Department of Public Health and Environment, stated at the Planning Commission
hearing,the applicant indicated the system had been evaluated by their engineer and found to be
adequate; however, the data had not been reviewed by staff, and Trevor Jiricek, Department of
Public Health and Environment,requested the language be kept as a Condition prior to scheduling
the Commissioner hearing. She stated the evaluation has now been reviewed and found to be
inadequate. Ms. Smith explained the system was installed in 2003, and the regulations were
changed in 2005 that increased the flow requirements. She stated the application materials indicate
the proposal is for a restaurant/gift shop/picnic area, and the lowest classification is a restaurant
2006-0939
PL1833
HEARING CERTIFICATION - COZY COW DAIRY, LLC (USR#1543)
PAGE 3
with paper service, which requires 25 gallons per person, per day. She stated the system was
designed in 2003 for 100 people, at the old standard of 1.5 gallons per person, per day; however,
the current proposal is for a maximum of 400 people. Ms. Smith stated staff received the
information yesterday and has not had time to resolve the matter, therefore, she recommends
Condition#1.B be moved to be a Condition prior to recording the plat. Mr.Haren stated the applicant
submitted the review two weeks ago;however,they received staff comments last Monday indicating
the revised standard of 25 gallons per day,and he clarified the standard is per seat,not per person.
He explained this will not be a restaurant with dishwashing and food preparation;however,there is
no other comparable classification. He stated they will serve milk, ice cream,and cheese,and the
facility will have 20 seats,at 25 gallons per day. Commissioner Jerke suggested the language be
modified to allow the existing septic system and the addition of portable toilets, if necessary. He
stated it is obvious that the proposal is not the same as a restaurant. Commissioner Vaad
concurred; however, he stated he supports moving Condition of Approval#1.B to#2.D,which will
allow staff adequate time to review the new information and work with the applicant,since this is not
a standard restaurant. Commissioner Masden agreed. Commissioners Jerke and Long agreed that
if the existing septic system fails, the applicant will have to replace it with an adequate system.
Regarding Condition of Approval#2.H,Mr.Mueller stated the future right-of-way amount is adequate,
and if the Town of Windsor widens the road, it will have to compensate the property owner for
relocating the septic system of structures. Mr.Carroll stated his evaluation was based on the needs
of a traditional restaurant; however,based on the applicant's testimony,he is agreeable to deleting
the last two sentences of Condition of Approval#2.H. Mr.Barker stated Development Standard#38
also addresses ADA parking; however, the applicant will be required to meet ADA standards
regardless of whether it is addressed in the Resolution or not. The Board agreed to keep
Development Standard #38, since it is a Federal requirement. The Board also agreed to modify
Condition#5 to extend the plat deadline from 30 to 120 days, and to modify the first sentence of
Development Standard#17 as requested by the applicant. Regarding Development Standard#23,
Ms. Davis stated she would prefer to have signs posted which indicate the importance of washing
hands after petting the animals. She stated hand sanitizer is beneficial; however, the Health
regulations require a hand washing station, which could be placed near the petting zoo area.
CommissionerJerke stated the sign should suggest the importance of washing hands prior to food
consumption; however, Ms. Davis still expressed concern since the facility will focus on children
who often put their hands in their mouth for reasons other than food consumption. Commissioner
Long agreed that it is important to have a sign encouraging washing hands; however, he provided
direction to staff that the language does not necessarily need to relate to animals. The Board
concurred and decided to keep Development Standard #23 as originally proposed. Mr. Mueller
agreed that Development Standard#31 should be consistent with Standard#32,which allows for
agricultural exempt buildings, and that Development Standard #34 can be deleted.
No public testimony was offered concerning this matter. In response to Commissioner Long, Mr.
Mueller stated there is no other classification that fits this application, which caused the
complications as previously discussed.
Commissioner Long moved to approve the request of Cozy Cow Dairy, LLC, for a Site Specific
Development Plan and Use by Special Review Permit #1543 for a Guest Farm (educational
programming, restaurant, and gift shop)and 200-Head Dairy in the A(Agricultural)Zone District,
based on the recommendations of the Planning staff and the Planning Commission, with the
Conditions of Approval and Development Standards as entered into the record. His motion included
2006-0939
PL1833
HEARING CERTIFICATION - COZY COW DAIRY, LLC (USR#1543)
PAGE 4
deleting Condition of Approval#2.D and replacing it with the language from Condition#1.B,deleting
the last two sentences of Condition#2.F,modifying Condition#5 to replace 30 days with 120 days,
modifying the first sentence of Development Standard#17 to state, "The facility shall be operated
in accordance with state law regarding Odor Abatement,"amending Development Standard#31 to
state, "A building permit shall be obtained prior to the construction of any new building, with the
exception of agricultural exempt buildings,"deleting Development Standard#34,and renumbering
or relettering accordingly. The motion was seconded by Commissioner Jerke. Commissioner
Masden commented in the future he would appreciate the applicant and staff negotiating the various
Conditions of Approval prior to bringing a case before the Board. There being no further discussion,
the motion carried unanimously and the hearing was completed at 11:00 a.m.
This Certification was approved on the 24th day of April 2006.
APPROVED:
E La
BOARD OF OUNTY COMMISSIONERS
•�'�' ELD CO TY, COLORADO
ATTEST: �� �. ,i,
• M. J. 'le, Chair
Weld County Clerk to the B t d c_a `•%
DavE. Long, Pro-Tem
BY: £ ta rd
Will' H. Jerke 1�n
TAPE #2006-17 4
Robe Masden
DOCKET#2006-26 (44
Glenn Vaad
2006-0939
PL1833
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1543 - COZY COW DAIRY, LLC, C/O LANDPROFESSIONALS, LLC
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 03/07/2006)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Memo re: Conditions of Approval have been
met, dated 03/27/2006
F. Planning Staff Certification and Photo of sign posting
G.
H.
J.
K.
L.
M.
N.
O.
P.
Q.
R.
S.
T.
U.
V.
Thr
/
\
/
/ :
/
/
/ �
0
Y.--
0 a. k )
ti U # \ t
re a o
\ /
L..)
� I
2 C | � \
z , - 6
o cu @
§ o E § \ ��
« _ K ) � �
I- � 2 2 ]
2 w (0
® R )
®
■ i
§
C
, \
• - 16 0 / \
) ) /
< d 9
o i- a § \
«
$ j } Z -�
Hello