HomeMy WebLinkAbout991822.tiff HEARING CERTIFICATION
DOCKET NO. 99-51
RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT #1232 FOR A
GUEST RANCH IN THE A(AGRICULTURAL)ZONE DISTRICT-JAMES ANDERSON AND
MIKE SMITH, % THOMAS HAREN, ENVIRO STOCK, INC.
A public hearing was conducted on July 28, 1999, at 10:00 a.m., with the following present:
Commissioner Dale K. Hall, Chair
Commissioner Barbara J. Kirkmeyer, Pro-Tern
Commissioner George E. Baxter
Commissioner M. J. Geile
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, Sheble McConnellogue
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated July 14, 1999, and duly published July 17, 1999, in
the Fort Lupton Press, a public hearing was conducted to consider the request of James Anderson
and Mike Smith, % Thomas Haren, Enviro Stock, Inc., for a Guest Ranch 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
gave a brief description of the location of the site, as well as the surrounding uses. She stated nine
referral agencies responded favorably, and two did not respond; the concerns of the Fire District
are addressed by the Conditions of Approval and Development Standards; and she read proposed
Condition of Approval #2.A, marked Exhibit E, into the record. In response to Commissioner
Kirkmeyer, Ms. Lockman stated the blueprints have not been submitted. Commissioner Kirkmeyer
suggested Development Standard #5 be amended because the Left Hand Water District may not
always be the water provider. Responding to further questions from Commissioner Kirkmeyer, Ms.
Lockman stated the number of people allowed by Development Standard #14 relates primarily to
the dance hall and dining area. Mr. Morrison stated Development Standard #22 was amended at
the Planning Commission hearing to ensure that although a Temporary Assembly Permit allows
camping, it is not allowed under this Use by Special Review Permit. In response to Commissioner
Geile, Ms. Lockman stated #5.a of the application indicates a maximum of 400 people will be
allowed; however, during the Planning Commission hearing, the applicant requested the number
be increased to 499 and staff did not feel this was a substantial change. She further stated
Condition of Approval #2.D requires the applicant to address the concerns of the Mountain View
Fire Protection District. Responding to further questions from Commissioner Geile, Don Carroll,
Department of Public Works, stated the main access to the facility is sufficient.
+C PI.. fib 991822
PL1322
HEARING CERTIFICATION - JAMES ANDERSON AND MIKE SMITH, % THOMAS HAREN,
ENVIRO STOCK, INC. (USR #1232)
PAGE 2
James Anderson, applicant, stated his family has lived in the area for 41 years, and they are
proposing to use a portion of the farm for raising pumpkins, giving hay rides, school field trips, a
corn field maze, and catering for organized groups. In response to Commissioner Geile, Mr.
Anderson stated the application indicates 400 people will be allowed; however, the new number
was determined at the Planning Commission hearing. In response to Commissioner Geile, Mr.
Anderson stated the Mountain View Fire Protection District requires the building be brought to
current standards to ensure the exits are adequate.
No public testimony was offered concerning this matter.
Commissioner Kirkmeyer expressed concern with Condition of Approval#2.D, which requires Weld
County to enforce the requirements of other entities, as well as with Development Standard #14
which should be amended to require the applicant to comply with the 1997 Fire Code to determine
the number of people allowed in the building rather than specify the specific Fire District
requirements. Chair Hall agreed; however, he commented the amendment should not indicate a
specific fire code so the permit remains in compliance as the codes are updated. Mr. Morrison
stated the Board does not have the authority to adopt a specific fire code; however, it does consent
to enforcement by the area Fire District. Commissioner Kirkmeyer commented that as the
Condition is written, the applicants will not be able to operate if they do not receive approval from
the Fire District. Mr. Morrison stated the Board cannot prevent the Fire District from enforcing the
current code; however, the applicant can appeal to the Fire District Board if necessary. In response
to Mr. Morrison, Ms. Lockman stated the facility is not capable of holding 499 people.
Commissioner Kirkmeyer suggested use of the standard wording which states, "the applicant shall
attempt to meet the requirements of the Mountain View Fire Protection District." Responding to
Commissioner Geile, Mr. Morrison stated that because the County does not have an adopted Fire
Code, amending the Condition will not create exposure to the applicant or Weld County.
Responding to Commissioner Kirkmeyer, Ms. Lockman stated Development Standard#14 should
be amended to state, "The number of people allowed to use the dinner/dance hall facility shall not
exceed the amount approved by the Weld County Building Inspection Department," and add
Development Standard #15 to state, "The number of people allowed to use the entire facility shall
never exceed 499 at any one time." Commissioner Kirkmeyer stated Development Standard #22
already addresses the amount allowed on the entire facility; therefore, a new #15 will not be
necessary.
Commissioner Kirkmeyer moved to approve the request of James Anderson and Mike Smith,
Thomas Haren, Enviro Stock, Inc.,for a Site Specific Development Plan and Special Review Permit
#1232 for a Guest Ranch 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 with amended Condition of Approval #2.A as submitted by
staff, amend Condition of Approval #2.D to state, "The applicant shall attempt to meet the
requirements of the Mountain View Fire Protection District," amend Development Standard #5 by
replacing the words "Left Hand Water District" with "public water source", amend Development
Standard #14 to state, "The number of people allowed to allowed to use the dinner/dance hall
facility shall not exceed the amount approved by the Weld County Building Inspection Department,"
move Development Standard #22 before Development Standard#20 and renumber. The motion
was seconded by Commissioner Baxter, and it carried unanimously.
991822
PL1322
HEARING CERTIFICATION - JAMES ANDERSON AND MIKE SMITH, % THOMAS HAREN,
ENVIRO STOCK, INC. (USR#1232)
PAGE 3
This Certification was approved on the 2nd day of August, 1999.
APPROVED:
ATTEST: Ili � ,, ��. /�J N BOARD OF COUNTY COMMISSIONERS
LD COUNTY, OLORADO
Weld County Clerk to the :.•r O 4t9
/ Dal K. Hall, Chair
BY: /
Deputy Clerk to the B•`Ir�J p n 42AL.0 re.4. ,fti'L-
��� Barbara J. Kirkmeer, ro-Tem ✓✓
TAPE #99-26
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991822
PL1322
EXHIBIT INVENTORY CONTROL SHEET
Case USR #1232 - JAMES ANDERSON AND MIKE SMITH
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)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Proposed Condition of Approval
F.
G.
H.
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 29TH DAY OF JULY, 1999:
DOCKET #99-51 - USR #1232 FOR A GUEST FARM IN THE A (AGRICULTURAL) ZONE
DISTRICT, JAMES ANDERSON & MIKE SMITH, Go THOMAS HAREN,
ENVIRO STOCK, INC.
DOCKET#99-52 - AMENDED USR #587 FOR LIVESTOCK CONFINEMENT OPERATION
(DAIRY FOR 1,850 HEAD), SHERRILL HARDESTY, HARD-LE
HOLSTEINS, do PHILIP BRINK, ENVIRO STOCK, INC.
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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