HomeMy WebLinkAbout20003017.tiff HEARING CERTIFICATION
DOCKET NO. 2000-71
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1288
FOR AN AGRICULTURAL SERVICE ESTABLISHMENT (ANIMAL TRAINING AND
BOARDING) IN THE A(AGRICULTURAL) ZONE DISTRICT - MICHAEL GOSS
A public hearing was conducted on December 6, 2000, at 10:00 a.m., with the following present:
Commissioner Barbara J. Kirkmeyer, Chair
Commissioner M. J. Geile, Pro-Tem
Commissioner George E. Baxter
Commissioner Dale K. Hall
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Sheri Lockman
Health Department representative, Pam Smith
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated November 17, 2000, and duly published
November 22, 2000, in the South Weld Sun, a public hearing was conducted to consider the
request of Michael Goss for a Site Specific Development Plan and Use by Special Review
Permit #1288 for an Agricultural Service Establishment (animal training and boarding) in the
A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this a matter of
record. Sheri Lockman, 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 also gave a brief description of the surrounding uses, as well as the location of the
site, which is approximately four acres in size. Ms. Lockman stated the R-1 (Low Density
Residential) Zone District allows for four animal units per acre. She stated the Planning
Commission recommends approval for the reasons cited in its resolution. Ms. Lockman stated six
referral agencies responded, and the City of Greeley recommends denial based on findings that
the application does not comply with its Comprehensive Plan. She stated a Condition of Approval
has been added which requires the applicant to attempt to address the concerns of the City of
Greeley. In response to Commissioner Baxter, Ms. Lockman stated the property located to the
north went through the Change of Zone process in 1978 for Westridge Subdivision; however, it has
never been developed and is currently pasture. She stated there is also a Use by Special Review
Permit on the site to the north for a horse barn. Staff from the Departments of Public Works and
Public Health and Environment had no additional comments.
Sharyn Frazer, AgPro Environmental Services, LLC, introduced the applicant. Mike Goss,
applicant, stated his lot was developed in the early 70's and the property owner at that time agreed
with the property owner to the north for use of the undeveloped pasture. Mr. Goss stated he uses
the site for boarding horses. He also has five of his own horses and calves which he uses for
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HEARING CERTIFICATION - MICHAEL GOSS (USR#1288)
PAGE 2
roping practice. Mr. Goss explained as the calves mature he sells and replaces them with younger
stock. He stated the pasture located to the north is owned by Walker Miller. Responding to
Commissioner Geile, Mr. Goss stated about once a month he hauls the manure generated at the
site to dairies and other operations that he works with for disposal. He also hauls in the animal
feed and keeps the site orderly. Mr. Goss stated he currently has 26 animals on the property which
does not comply with the Weld County Zoning Ordinance. Responding further to Commissioner
Geile, Mr. Goss stated he chose 40 animals for this application because once he uses the animals
for training, he has to feed them and get them ready for resale. Commissioner Geile stated if this
application is denied, the applicant would be allowed 16 animal units on this site. Responding to
Commissioner Geile, Ms. Frazer stated this case was not generated as a result of a violation or
complaint,and reiterated the requested amount of animals allows Mr.Goss to continue training with
new animals,while he is preparing older animals for resale. Responding to Commissioner Baxter,
Mr. Goss stated the lot receives water from the City of Greeley. Ms. Frazer stated there is no
agreement on file at the Clerk and Recorder's Office regarding use of City water. She stated the
applicant can only use the existing tap for the animals on the existing lot, not the vacant pasture
to the north. Responding further to Commissioner Baxter, Ms. Frazer stated the City of Greeley
expressed concern with constructing a paved driveway, buffering, and odor abatement.
Responding to Commissioner Hall, Mr. Goss described the use of surrounding properties along the
Highway 34 Bypass. Responding to Commissioner Vaad, Ms. Frazer explained the letter from
Walker Miller, marked Exhibit E, indicated Mr. Miller is not concerned with this specific proposal
with the exception that the maximum be limited to 30 animals. She stated the applicant was
hesitant to specify the exact amount of each type of animal because he constantly rotates them.
Commissioner Geile stated if this case is denied, the applicant will only be allowed 16 animal units
on the site. Ms. Frazer stated the applicant is trying to prevent encroachment of the City on the
intended use of his property. Mr. Goss stated part of his income is generated by what he does on
the site, and responding to Commissioner Baxter, Mr. Goss stated the animals are fed on site. In
response to Commissioner Hall, Ms. Frazer stated the site is zoned Agricultural, there are nearby
parcels with R-1 zoning, and the area consists of multiple uses. She further stated Mr. Miller's
concern appears to be the potential use of the site if it is sold.
Walker Miller, surrounding property owner, indicated the types and locations of surrounding uses,
and stated the applicant's site has never had 40 animals on it at one time during the past. He
indicated Mr. Goss does have varying amounts depending on the season, and he has been a very
good neighbor. Mr. Miller stated the area to the north is designated as Change of Zone#244 which
has never been developed,and there are also gated communities and Planned Unit Developments
in the area. He stated the notice indicates the site is approximately 800 feet west of 59th Avenue;
however, that is not correct. He further stated this is predominantly a residential area, and the
pasture to the north is actually subdivided with water rights, and will likely be developed once he
sells it in the future. Mr. Walker clarified he is not opposed to proposed use, but he is opposed to
the use exceeding what has been allowed in the past. Mr. Miller stated he would like the maximum
number of animals reduced to 20, require a buffer on the north, east and west sides of the property,
and address the requirements of the City of Greeley. In response to Commissioner Geile, Mr.
Miller stated he would prefer 20 animal units. Commissioner Geile commented there are a lot of
other animals in the area which are allowed. In response to Chair Kirkmeyer, Mr. Miller stated his
previous letter to the Planning Commission,dated October 16,2000, marked Exhibit 27,requested
the amount be reduced to 30 animals; however, he has changed his request from 30 animals to 20.
Responding to Chair Kirkmeyer, Mr. Morrison stated the indicated location on the notice is a
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HEARING CERTIFICATION - MICHAEL GOSS (USR#1288)
PAGE 3
general description and it refers to the legal for an accurate description. Mr. Morrison stated he
does not feel this small error resulted in the lack of notification to any neighboring or interested
party.
James Roden, surrounding property owner, stated he owns the two parcels west of the proposed
site. Mr. Roden stated he has no disagreement with the applicant because he is a good neighbor;
however, he does agree with the letter from Walker and Susanne Miller requesting no more than
20 animals allowed on the site. He further stated it may be difficult to place a buffer zone on the
west side of the property because the existing barn foundation is on the property line and the coral
is 10.5 feet over the line. Mr. Roden stated he is not requesting the structures be moved, but a
buffer zone will be even more intrusive. He further stated his two parcels total 9.6 acres, and he
only keeps two horses, further west there is a lot with one horse and another with ten to twelve
horses. There being no further comments, Chair Kirkmeyer closed public testimony.
Tom Haren, AgPro Environmental Services, LLC, stated he has known the applicant privately and
professionally, and upon visiting the site, he recommended Mr. Goss apply for a Use by Special
Review Permit to bring the property into compliance. Mr. Haren stated if this is annexed by the City
of Greeley, the applicant will only be allowed four animal units, and part of the reason for applying
for this permit is to preserve the existing use until the applicant chooses to annex into the City of
Greeley. Mr. Haren stated the applicant runs a horse boarding operation, and he does keep calves
to use for roping practice. He further stated they are willing to reduce the maximum allowed from
40 to 30 as previously requested. Responding to Chair Kirkmeyer, Ms. Lockman stated if the
applicant can provide evidence that there has consistently been 30 or more animals on the site,
this may qualify as a nonconforming use and be allowed to continue without the Use by Special
Review Permit. Mr. Morrison advised the applicant would have to establish the amount of animals
has not varied since 1972 which may be difficult. Mr. Haren stated they did discuss the possibility
of a nonconforming use; however, it was too difficult to determine. Responding to Commissioner
Baxter, Ms. Lockman said there have been other situations where the Use by Special Review is
limited to the current property owner and ceases upon sale of the property. Responding to
Commissioner Hall, Mr. Haren stated the applicant is already allowed 16 animal units as a use by
right, and he feels limiting this permit to 20 is not appropriate considering the expense of the Use
by Special Review Permit. Mr. Morrison stated Mr. Miller indicated there have been as many as
30 animals; however, they were kept on the 22-acre pasture to the north, as well as the site.
Responding to Chair Kirkmeyer, Mr. Haren stated he and the applicant have reviewed and agree
with the Conditions of Approval and Development Standards, with the exception of limiting the
number of animal units to 20. In response to Commissioner Geile, Mr. Morrison stated
Development Standard #12 regarding the maximum number of animals can be reduced, but not
increased do to notification restrictions.
Commissioner Geile stated there may have been a nonconforming use on this site; however,there
is not enough testimony to prove that. He stated this is not prime farmland; however, there are a
significant number of animals in the area, and if approved, this case could establish a precedent
for other boarding operations in the future. He further stated Mr. Miller indicated the applicant has
had as many as 30 animals; however, they were kept on the pasture to the north, which resulted
in approximately one animal per acre, rather than five.
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HEARING CERTIFICATION - MICHAEL GOSS (USR#1288)
PAGE 4
Commissioner Geile moved to approve the request of Michael Goss for a Site Specific
Development Plan and Use by Special Review Permit #1288 for an Agricultural Service
Establishment (animal training and boarding) 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, and amend Development
Standard #12 to reduce the maximum amount of animal units from 40 to 20. The motion was
seconded by Commissioner Hall. Commissioner Baxter voted against the motion because the
operation cannot continue with such a limited number of animals. Commissioner Hall stated the
compatibility issue needs to be addressed because the future residential uses are inevitable, and
20 animals may still be incompatible. Commissioner Vaad stated he supports the motion;however,
he is concerned with reducing the requested amount in half. Chair Kirkmeyer requested the motion
be split and the Board hear discussion regarding the amount allowed under Development
Standard #12. She stated the applicant came in voluntarily, and the neighbors indicated that he
is a good neighbor and has a well-run operation. Responding to Commissioner Geile, Chair
Kirkmeyer stated she is willing to vote for a motion limiting the number of animal units to 30;
however, she feels the existing motion is too severe, because there was no testimony indicating
that problems exist. Mr. Morrison stated if the current motion fails, the Board can propose an
amended motion. Commissioner Vaad stated based on discussion,he will vote against the motion.
Upon a call for the vote, motion failed with Commissioners Hall and Geile if favor.
Commissioner Vaad moved to approve the application for Use by Special Review Permit#1288
for an Agricultural Service Establishment(animal training and boarding)in the A(Agricultural)Zone
District with the Conditions of Approval and Development Standards, with a modification to the
amount of animal units allowed in Development Standards #12 from 40 to 30. Commissioner
Baxter seconded the motion. He also requested the motion be amended to include language
indicating the Special Use will cease once the applicant is no longer using it. Commissioner Vaad
and Baxter amended their motion as discussed. Ms. Lockman proposed a new Development
Standard #18 be added to state, "The Use by Special Review Permit shall not be transferrable to
any successor in interest to described property,and shall terminate automatically upon conveyance
or lease of the property to others"and renumber. Commissioner Geile stated he is opposed to the
motion because the area is predominantly residential even if this parcel is zoned Agricultural, and
the City of Greeley has annexed all around the site. He further stated seven animal units per acre
is too many and approval will establish a precedent. Commissioner Baxter stated Commissioner
Geile's comments pertain to a motion of not allowing this use at all. He further stated there will be
a minimal amount of difference between the impact caused by 20 animals versus 30, and this use
will stop once the applicant leaves. Upon a call for the vote,the motion carried with Commissioners
Hall and Geile opposed.
2000-3017
PL1453
HEARING CERTIFICATION - MICHAEL GOSS (USR#1288)
PAGE 5
This Certification was approved on the 11th day of December 2000.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
W LD COUNTY, COLORADO
ATTEST: /�� khEM\4A , AJJA2.Lt
v arbara J. • 'meye , Chair
Weld County Clerk to the • . . a y�� �
c� / ��� CF . J. a ile, Pro-Tern BY: ZL Deputy Clerk to the Boa N r
eorge . Baxter .
TAPE #2000-34 1
Dale K Ha
DOCKET#2000-71 cat/LA
Glenn Vaa
2000-3017
PL1453
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1288 - MICHAEL GOSS
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Item Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 10/17/2000)
D. Clerk to the Board Notice of Hearing
E. Walker and Susanne Miller Letter of Opposition (11/30/2000)
F.
G.
H.
J.
K.
L.
M.
N.
O.
P.
Q.
R.
S.
T.
U.
V.
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 6TH DAY OF DECEMBER, 2000:
DOCKET#2000-67 - Ivan and Joanne Gilbaugh
DOCKET#2000-73 - Cecil Farms, do Vern Cecil
DOCKET#2000-71 - Michael Goss
DOCKET#2000-72 - Terry Dye/Dyelands Dairy, LLC
PLEASE legibly write or print your name and complete address and the DOCKET#
(as listed above) or the name of the applicant of the hearing you are attending.
NAME AND ADDRESS(Please include City and Zip Code)DOCKET#OF HEARING ATTENDING
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 6TH DAY OF DECEMBER, 2000:
DOCKET#2000-67 - Ivan and Joanne Gilbaugh
DOCKET#2000-73 - Cecil Farms, c/o Vern Cecil
DOCKET#2000-71 - Michael Goss
DOCKET#2000-72 - Terry Dye/Dyelands Dairy, LLC
PLEASE legibly write or print your name and complete address and the DOCKET#
(as listed above) or the name of the applicant of the hearing you are attending.
NAME AND ADDRESS(Please include City and Zip Code),DOCKET#OF HEARING ATTENDING
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 6TH DAY OF DECEMBER, 2000:
DOCKET#2000-67 - Ivan and Joanne Gilbaugh
DOCKET#2000-73 - Cecil Farms, do Vern Cecil
DOCKET#2000-71 - Michael Goss
DOCKET#2000-72 - Terry Dye/Dyelands Dairy, LLC
PLEASE legibly write or print your name and complete address and the DOCKET#
(as listed above) or the name of the applicant of the hearing you are attending.
NAME AND ADDRESS(Please include City and Zip Code)DOCKET#OF HEARING ATTENDING
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