HomeMy WebLinkAbout20060126.tiff HEARING CERTIFICATION
DOCKET NO. 2006-03
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1513
FOR A RECREATIONAL FACILITY(WITH USES SIMILAR TO THOSE SEEN AT GUEST
FARMS AND FAIRGROUNDS)IN THE A(AGRICULTURAL)ZONE DISTRICT-JOE AND
CHRIS MILLER
A public hearing was conducted on January 25, 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
Assistant County Attorney, Lee Morrison
Planning Department representative, Jacqueline Hatch
Health Department representative, Char Davis
Public Works representative, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated January 6, 2006, and duly published January 11,
2006, in the Fort Lupton Press,a public hearing was conducted to consider the request of Joe and
Chris Miller for a Site Specific Development Plan and Use by Special Review Permit#1513 for a
Recreational Facility (with uses similar to those seen at guest farms and fairgrounds) in the
A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this a matter of
record. Jacqueline Hatch, 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. She gave a brief description of the location of the site,which is currently in violation for
operating without a Use by Special Review(USR)Permit. She stated,if approved,the property will
be in compliance; however, if the application is denied, all the commercial equipment will need to
be removed. Ms.Hatch reviewed the surrounding land uses,and stated one surrounding property
owner expressed concern with hay rides not being conducted within the USR boundary, and the
location and safety hazard of the lagoon. She stated 14 referral agencies reviewed the proposal,
12 responded favorably or provided comments that have been addressed in the Conditions of
Approval and Development Standards, and staff did not receive a response from the Towns of
Firestone or Platteville. Ms. Hatch stated the applicants have submitted a revised plat to address
issues regarding signage, landscaping, and screening; however, staff does not feel the revisions
adequately address signage. She stated the existing signs need to be designated on the plat. She
further stated the applicant has indicated there will be no additional landscaping for screening;
however, they will construct a white vinyl fence,which will also help control the access to the site.
Responding to Chair Geile, Ms. Hatch reviewed the various uses currently on the site,which are
specified as part of the application.
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Char Davis,Department of Public Health and Environment,stated there are two existing residences
on the site, and both have permitted septic systems. She stated there is a restroom in the
greenhouse structure;however,she has no evidence of a septic permit. She further stated the site
is serviced by the Central Weld County Water District.
Donald Carroll, Department of Public Works, stated the site is accessed on the west from Weld
County Road 19, and the existing greenhouse structure is located near the intersection of Weld
County Road 19 and State Highway 66. He stated he is working with the applicant to create a
defined access into the property,and the average daily traffic count is approximately 1,800 vehicles.
He stated Weld County Road 19 is classified as a collector status road, and it is difficult for trucks
to maneuver the turn at the intersection. Mr.Carroll stated he has requested the applicant close the
existing access near the corner intersection,since there is also an access from State Highway 66
and from Weld County Road 19. He stated the application proposes one access leading into the
parking area on the west to encourage better traffic control. Ms.Davis added portable toilets will be
allowed since the proposal is for a temporary use.
Joe Miller,applicant,stated the activities will primarily be in the fall, and they plan to allow patrons
to pick their own vegetables, in addition to the other fun activities. Responding to Commissioner
Vaad regarding Development Standard#11,Ms.Hatch stated the hay rides will be conducted within
the USR boundary,and patrons would have to walk to the fields in order to pick the produce,which
is a Use Allowed by Right. Commissioner Vaad stated he has no objection to the proposal;
however,the Board did receive public comment regarding the matter, and he wants the record to
reflect they addressed the issue. Responding to Chair Geile, Mr. Miller stated he anticipates an
average of 600 people will visit the site per day, and they primarily host school groups. He further
stated they will not be pursuing a liquor license,and the food service consists of kettle corn,chips,
drinks, etcetera. Ms. Davis stated the food vendor has the necessary licenses. In response to
Chair Geile, Mr. Miller stated he has reviewed and concurs with the Conditions of Approval and
Development Standards. In response to Mr.Miller regarding Condition of Approval#1.8, Ms. Davis
stated there is no permitted septic system for the greenhouse, therefore, she is not opposed to
disconnecting the system and abandoning the use. She stated Condition of Approval#1.B needs
to remain in the Resolution as a means of tracking the project and ensuring the system is
disconnected or permitted. Responding to CommissionerJerke, Mr. Miller stated he has posted a
"No Smoking"sign; however,smoking is not really an issue of concern since their operation deals
primarily with school children. CommissionerJerke stated it will be difficult for the County to police
compliance with the "No Smoking" requirement, and the Board concurred with deleting the
requirement,since there is no County ordinance which mandates the request. Commissioner Vaad
commented Condition of Approval#6.A deals with same issue. Commissioner Jerke stated that
all items regarding the"No Smoking"signs should also be deleted for consistency. Mr. Morrison
stated the Condition of Approval is appropriate since it deals with safety issues. Commissioner
Jerke stated the requirement leaves the applicant open to more liability if there were to be a fire. The
Board concurred with deleting Condition of Approval #6.A.
No public testimony was offered concerning this matter.
Commissioner Masden moved to approve the request of Joe and Chris Miller for a Site Specific
Development Plan and Use by Special Review Permit#1513 fora Recreational Facility(with uses
similar to those seen at guest farms and fairgrounds)in the A(Agricultural)Zone District,based on
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HEARING CERTIFICATION - JOE AND CHRIS MILLER (USR#1513)
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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 deleting
Condition of Approval #6.A and Development Standard #13. The motion was seconded by
Commissioner Long, and it carried unanimously. There being no further discussion, the hearing
was completed at 10:45 a.m.
This Certification was approved on the 30th day of January 2006.
APPROVED:
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Geile, Chair
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EXHIBIT INVENTORY CONTROL SHEET
Case USR#1513 - JOE AND CHRIS MILLER
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 07/19/2005
and 06/21/2005))
D. Clerk to the Board Notice of Hearing
E. Planning Staff Memo re: Items prior to scheduling, dated
12/20/2005
F. Planning Staff Certification and Photo of sign posting
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