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Home My WebLink About20233195.tiffHEARING CERTIFICATION DOCKET NO. 2023-69 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR23-0025, FOR EVENT FACILITIES (NOT AGRICULTURE -RELATED) OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT - SANDRA STROBEL A public hearing was conducted on November 8, 2023, at 10:00 a.m., with the following present: Commissioner Mike Freeman, Chair Commissioner Perry L. Buck, Pro-Tem Commissioner Scott K. James Commissioner Kevin D. Ross Commissioner Lori Saine Also present: Acting Clerk to the Board, Jan Warwick Deputy County Attorney, Karin McDougal Department of Planning Services representative, Maxwell Nader Department of Public Health and Environment representative, Lauren Light Department of Planning Services, Development Review, Melissa King Department of Planning Services, Development Review, Dawn Anderson Department of Public Works, Deputy Director, Duane Naibauer The following business was transacted: El I hereby certify that pursuant to a notice dated September 12, 2023, and duly published September 15, 2023, in the Greeley Tribune, a public hearing was conducted to consider the request of Sandra Strobel, for a Site Specific Development Plan and Use by Special Review Permit, USR23-0025, for Event Facilities (not agriculture -related) outside of subdivisions and historic townsites in the A (Agricultural) Zone District. Karin McDougal, Deputy County Attorney, made this a matter of record. '! Maxwell Nader, Department of Planning Services, presented a brief summary of the proposal, described the event buildings and site layout, relayed the building capacity is expected to be a maximum of 300 people, with one (1) security person present for every 100 guests, shared the operation times, and described the sign posting. Mr. Nader stated nine (9) surrounding property owners (SPOs) were sent notices, and Planning staff received one response outlining concerns regarding noise, water, potential for waste and litter getting into the adjacent reservoir, fire hazards, the potential for trespassing and increased theft. He noted the letter also requested a limit of 30 attendees per event, staff received additional emails the date of the Planning Commission hearing listing the same concerns. Mr. Nader stated the site is located within the Coordinated Planning Agreement Area of the City of Fort Lupton, who returned the Notice of Inquiry, stating the property owner does not wish to annex. He relayed the site is located within the Agrarian Living District of the City of Dacono's 2017 three (3) mile plan, as well as within the three (3) mile referral areas of the City of Fort Lupton, City of Dacono, and Adams County. The City of Dacono and Adams County stated they had no conflicts with their interest, the City of Fort Cc: FL (ER/MW/CGIK..4/DA) a l /24 /,.iI 2023-3195 PL2884 HEARING CERTIFICATION - SANDRA STROBEL (USR23-0025) PAGE 2 Lupton stated the site is designated as A (Agricultural) and RR (rural residential). Mr. Nader referenced the City of Fort Lupton's Future Land Use Map, delineating Fort Lupton's Comprehensive Plan, and Fort Lupton does not have a conflict with the proposal. Mr. Nader entered the favorable recommendation of the Planning Commission into the record, as written, and displayed images of the site and surrounding views. Lauren Light, Department of Public Health and Environment, stated the residence is served by a septic tank that is sized for three (3) bedrooms, and water is supplied by a domestic well, which is permitted for residential and commercial uses. She explained the applicant is proposing to use portable toilets for the public until a commercial septic system is installed, and relayed Development Standard (DS) #21 addresses the use of portable toilets and defines the six (6) month limit. She shared waste and recycling bins will be provided for each event, dust abatement will be maintained by utilizing recycled asphalt on driveways and parking areas, adding a dust suppressant as necessary. She explained noise is restricted to the residential limit, thus a Noise Study was provided and included seven (7) monitoring points around the property, all of which indicated a noise level less than the residential level. Ms. Light stated food vendors must adhere to Colorado Retail Food Establishment Rules and Regulations, so if a commercial kitchen is added in the future, it will have to be permitted. She relayed Environmental Health has ten (10) DS that will have to be adhered to and there are no outstanding items with the request. Melissa King, Department of Planning Services, Development Review, stated the existing permitted access is onto County Road (CR) 8. She explained the applicant will be required to revise the permit from residential to commercial, which may involve an upgrade to the access to meet design and safety criteria. She confirmed CR 8 is a gravel, local road, requiring 60 feet of right-of-way. Ms. King relayed traffic counts found 118 vehicles per day, with 19% trucks, the applicant submitted a final traffic letter stating there would be a maximum of 260 additional passenger vehicle trips per event, with 85% traveling east of CR 8 and 15% traveling west. Ms. King stated the Development Review staff is requesting an Improvements and Road Maintenance Agreement for dust control, damage repairs to specified travel routes, triggered off -site improvements, and up -front improvements. The agreement will require the submission of an Acceptable Traffic Management Plan to direct traffic that exits an event onto CR 8, east to CR 19. She stated up -front improvements of CR 8 shall extend from 100 feet west of the access to the intersection of CR 8 and CR 19; additionally, the finished road surface shall match the elevation of existing driveways. She reviewed, into detail, the up -front and triggered improvements called for by the Department of Public Works, as well as the acceptable Stormwater Management Plan. .'' Dain Strobel, applicant, described the purpose of the event center, presented a slide show of the facility (Exhibit D), its location, and depiction of proposed buildings and their locations on the site. He explained the hours of operations, and the number of employees, which would be two (2) to six (6) staff persons depending on the event size and one (1) security person per every 100 guests. He explained their diligence to minimize noise, described their noise abatement procedure, elaborated on the Lighting Plan, explained the anticipated maintenance routine for keeping the facility clean and free of trash and debris, and described the Landscaping Plan. He relayed the domestic drinking water will be taken from well permit #86911-F, which has been reclassified from domestic to commercial use, and which allows for residential, domestic, animal water, irrigation, and commercial uses, and they are within the 30% of allowable use of water for 2023-3195 PL2884 HEARING CERTIFICATION - SANDRA STROBEL (USR23-0025) PAGE 3 the permit in hand. He explained their plan for food trucks and alcohol, a commissary kitchen for food prep and holding will be available, a full bar will be available for guests to hire an approved alcohol provider, and a liquor license will be applied for upon approval of this request. Mr. Strobel relayed CR 19 is paved and is the main route utilized by GPS services, 85% of traffic will use CR 19, and events will only be held four (4) days a week. In response to Commissioner Saine, Ms. King referenced Condition of Approval #1.A and pointed out the up -front improvements. Mr. Strobel stated the up -front improvements are cost prohibitive for a new business. In response to Commissioner James, Mr. Strobel acknowledged the application request of 350 guests is for the potential of a larger family wedding, versus the average attendance of a wedding, which numbers were utilized for proposed traffic counts. In response to Commissioner James, Mr. Strobel described the 11 -foot -high berm behind the amphitheater to direct noise away from the neighbors. El Erin Holland, SPO to the east, expressed opposition to the proposed venue based on the potential negative impacts to the sense of safety and security, noise pollution, wildlife and livestock, extended hours, blowing debris, and increased traffic numbers and speeds. Philip Sanchez, SPO to the west, stated the applicants have been transparent with their intended plans for the property and expressed his support of the proposed venue. El Jose `J.D.' Chavez, SPO to the west, stated the applicants have already done a lot of work to improve the appearance of the property and he expressed support of the proposed venue. Michael Thompson, SPO to the east, expressed concern regarding potential impacts to wildlife caused by increased noise on the lake from more people in the area. => Mr. Strobel stated he values his country lifestyle, which is consistent with the surrounding area, and he doesn't believe there will be a large change in the way he and his family live resulting from the proposed use. lir-5J In response to Commissioner James, Mr. Strobel provided the construction timeline based upon the Road Maintenance Agreement which requires installation of sewer/septic when the buildings are constructed, and he indicated the location of the septic leach field. El In response to Commissioner Saine, Duane Naibauer, Department of Public Works, explained there is magnesium chloride applied to the road, and based on the applicant's presentation that 15% of the traffic will travel west, he concluded that surfacing 100 feet west of the entrance with RAP (recycled asphalt product) material and an application of magnesium chloride would provide adequate dust control for the curve on CR 8. He further stated the road to the west of the property has not had a consistent application of magnesium chloride and confirmed the traffic counts do not support the application of magnesium chloride from CR 19 to CR 17. Responding further to Commissioner Saine, Mr. Naibauer stated if traffic counts increased exponentially, the road would require paving, which would potentially require proportional sharing of those expenses. In response to Chair Freeman, Ms. King confirmed the traffic count on CR 19 is 819 average daily vehicle trips, with 21% truck traffic. In response to Commissioner Saine, 2023-3195 PL2884 HEARING CERTIFICATION - SANDRA STROBEL (USR23-0025) PAGE 4 Mr. Naibauer acknowledged he didn't know how a phased plan could be implements in this type of project. = Travis Hertneky, Architect, represented the applicant and stated, in regard to COA #1.A (Improvements and Road Maintenance Agreement), the improvement costs for 0.5 miles of road puts a substantial strain on a small business. He shared the applicant is not opposed to a Road Maintenance Agreement; however, he proposed magnesium chloride only be applied, as needed. He referenced the phrase, "but not limited to,"which seems to leave the requirement open-ended for the future, and he also requested the opportunity to revisit the enumerated improvements. In response to Commissioner James, Mr. Hertneky proposed: "a continual maintenance of, to the same extent as it has been, from CR 8, 100 feet west of the access to the intersection of CR 19, in addition to an annual application provided by the County." Responding further to Commissioner James, Mr. Naibauer elaborated, currently there is no magnesium application; however, once the RAP improvements project is completed, the county would complete an annual magnesium application, and any additional application would be paid by the property owner. In response to Chair Freeman, Mr. Naibauer explained, on a normal RAP road, if traffic counts were 500 average daily traffic, the road would require two applications of magnesium chloride per year; however, one application a year on this location would be the requirement of the county. In response to Chair Freeman, the Board concurred concerning direction to staff for adjusting the requirements of the Road Maintenance Agreement to incorporate the topic of an annual application of magnesium chloride, conducted by the county, with the applicant responsible for any additional application, as needed. In response to Ms. King, Mr. Hertneky explained the primary concern was the initial up -front improvements, specifically, widening the road and applying the RAP. Mr. Hertneky explained the requirements, as currently detailed, will make or break the start-up of this proposed venue, and explained the continual maintenance is not as large a factor as the up -front requirements of the road improvements. In response to Commissioner Ross, Mr. Naibauer explained gravel roads are typically 24 feet wide; however, when a road is upgraded with a RAP surface, it is generally widened by one (1) foot on each side to provide a shoulder. In response to Chair Freeman, Mr. Naibauer explained applying magnesium chloride on the road may be sufficient; however, when extending a road to 26 feet in width, the Department of Public Works will match the road elevation with existing driveways, cutting the road down a couple of inches, pushing the excess material out to 26 feet, compacting the material, adding the four (4) inches on top of that, raising the road surface from its origin up two (2) inches to better match into the driveways. Responding to Chair Freeman, Mr. Naibauer offered a cost estimate if the work were completed by the County, versus a private contractor. Commissioner Ross commented this proposal creates an impact to the county, which requires improvements that are, generally, the responsibility of the party creating the impacts. Following discussion, and in response to Chair Freeman, Ms. McDougal explained the up -front Conditions are necessary for safety reasons, prior to additional traffic coming to the area. In response to Commissioner Ross, Ms. King suggested modifying COA #1.A (Road Maintenance Report), to strike "but not be limited to" in the last paragraph. In response to Commissioner Ross, Mr. Naibauer stated the county will be responsible for annual maintenance on the road, normal gracing, and spraying once a year; however, if the road needs to be sprayed more than once a year, the applicant will be responsible for any materials for additional spraying. 2023-3195 PL2884 HEARING CERTIFICATION - SANDRA STROBEL (USR23-0025) PAGE 5 Dawn Anderson, Planning Services Department, stated the up -front improvements are for safety, recognizing this proposal may not be for everyday use, which can cause the triggers. She stated the template for the Road Maintenance Agreement has a portion that is always a proportional share, and each property owner who has a Road Maintenance Agreement in the area would have the same language, thus incurring the same proportional share. There was additional discussion among staff and the Board regarding the road improvements requirement and traffic impacts and when they occur. El At the request of the Board, Mr. Strobel suggested amending the language to read, "Maintenance of this portion of County Road 8 shall include application of magnesium chloride, as needed, in addition to the annual application provided by the county. Once the venue event counts exceed 30 events per year, the facility will partake in the improvements as listed above." Chair Freeman suggested a Development Standard (DS) be added requiring the applicant to submit documentation regarding the number of events held per year, on a quarterly basis. Mr. Naibauer stated if the applicant will not be responsible for the up -front improvements until the venue exceeds 30 events per year, the County would not then be responsible for the annual spraying of magnesium chloride and the applicant would have to either hire their own contractor to spray or call the Department of Public Works to spray the road and the applicant would be billed accordingly. Mr. Strobel stated he is good with "up -front improvements would include annual application of magnesium chloride". There was additional conversation regarding the annual application, versus any added applications, as needed, depending upon the triggered number of events. Mr. Nader proposed DS #5 to state, "The applicant shall submit a quarterly report identifying the number of events held, until events exceed 30 per year, or the triggered road improvements are completed." The Board agreed to all the changes. No public testimony was offered regarding changes made to the Conditions of Approval and Development Standards. Commissioner Buck moved to approve the request of Sandra Strobel for a Site Specific Development Plan and Use by Special Review Permit, USR23-0025, for Event Facilities (not agriculture -related) outside of subdivisions and historic townsites 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 amended. The motion was seconded by Commissioner Saine. Commissioner Ross commented he does not agree with the changes on the traffic counts, believing they should be triggered automatically. Commissioner James acknowledged his agreement with Commissioner Ross' statement, adding it would be prudent, in the future, for the Board and staff to work cohesively to maintain safety in the county and ensure the roadways work in a functional manner. Chair Freeman called for a vote, and the motion carried unanimously. There being no further discussion, the hearing was completed at 1:09 a.m. 2023-3195 PL2884 HEARING CERTIFICATION - SANDRA STROBEL (USR23-0025) PAGE 6 This Certification was approved on the 4th day of December, 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Weld County Clerk to the Board Deputy Clerk to the Board Mieman, Chair ry L. Bu./, Pro-Tem Lori Saine 2023-3195 PL2884 ATTENDA CE LIST II 0113 NAME PLEASE PRINT ADDRESS (CITY, STATE ZIP) COUNTY 4F SPE AKING EAKING �(l0 a' MAI . RESIDENCE. (YIN)? fRk v �� Po Go lh 2 Lacer' CO crta I o Cie-, / o '603 VI /LT a c u44 —1© Q �c vtz. �i .... a oNe z S316 tom_ B d• S ,,c4et :..99 £ (fl 9 8r. .c ma; /. Conts ma / �. $9‘l 6C4,61 6I /A6 0 '44E e , A,e4/ .JCLiot✓ct t 2 Ion CO gr6O re ,n1(g17c ViivORA• 5nRVQEL_ /'7 '-.i /%il D/I/ Sri t �e i �S ' 33 R -c% t`'1\, Hello