HomeMy WebLinkAbout20222637.tiffHEARING CERTIFICATION
DOCKET NO. 2022-65
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR22-0016, FOR AN EVENT FACILITY OUTSIDE OF SUBDIVISIONS AND HISTORIC
TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT - ADAM'S APPLE, INC.
A public hearing was conducted on September 21, 2022, at 10:00 a.m., with the following present:
Commissioner Scott K. James, Chair
Commissioner Mike Freeman, Pro-Tem
Commissioner Perry L. Buck
Commissioner Steve Moreno
Commissioner Lori Saine
Also present:
Acting Clerk to the Board, Jan Warwick
Assistant County Attorney, Karin McDougal
Department of Planning Services representative, Maxwell Nader
Department of Public Health and Environment representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated August 8, 2022, and duly published August 10,
2022, in the Greeley Tribune, a public hearing was conducted to consider the request of
Adam's Apple, Inc., for a Site Specific Development Plan and Use by Special Review Permit,
USR22-0016, for an Event Facility outside of subdivisions and historic townsites in the
A (Agricultural) Zone District. Karin McDougal, Assistant County Attorney, made this a matter of
record.
Maxwell Nader, Department of Planning Services, presented a brief summary of the proposal
with events to be held on the east side of the property, and a separate building used for storage.
He explained a Change of Use Building Permit will be required for the eastern structure. Mr. Nader
stated the applicant has proposed four (4) uses: A U -Pick fruit for apples, pears and plums,
educational seminars, special events, and a country store, with the U -Pick and Country Store
utilizing a Zoning Permit for Certain Uses (ZPAG), which is for agritainment. He described the
seasonal operations and times scheduled for each proposed use, referenced the sign posting,
and relayed Notice was sent to 13 surrounding property owners (SPOs), with no correspondence
received. Mr. Nader explained County Road (CR) 43 is a paved collector road, with 823 vehicles
per day, 33% being trucks, the 85th percentile speed is 67 MPH, and the applicant is anticipating
a maximum of 50 passenger car roundtrips per day, during the months of June through November.
Mr. Nader stated tracking control will be required and the site meets the stormwater retention
exception. He relayed the site is located within three (3) miles of the Town of Eaton, who did not
return a referral, and he described the surrounding USRs. Mr. Nader explained one (1) SPO
expressed concerns with impacts to their peaceful retirement and quality of life, and safety
concerns for children and traffic. Mr. Nader entered the favorable recommendation of the Planning
Commission into the record as written and displayed images of the site and surrounding views.
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Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions, stating the site has an existing commercial septic system, sized for two (2) people,
and North Weld Water provides water. She explained and the applicant is proposing to utilize
portable toilets for the public, which is adequate for recreational facilities utilized for six (6) months
or less per year; however, if the six (6) months is exceeded, a permanent water source and septic
system would have to be installed. She explained waste is stored in a dumpster and emptied on
a regular basis and a Dust Abatement Plan has been submitted which stipulates a speed limit of
10 MPH with water being sprayed to minimize dust. Ms. Light relayed a Noise Report has been
conducted and noise is restricted to residential limits, which is measured at 25 feet from the
property line. Additionally, she explained since the property is covered by 2,000 fruit trees, the
sound is buffered, and the sound generated would be within limits established by Code,
preventing a nuisance to neighbors. She stated sound levels will be monitored for the perimeter
of the property, plus an additional 25 feet during events that include music. Ms. Light explained
food vendors and food trucks must adhere to Colorado Retail Food Establishment, Retail Rules
and Regulations, which are listed in the Development Standards (DS), DS #7 - #17 address
Environmental Health items, and there are no outstanding issues with this request.
Mike Biwer, applicant, relayed he represents the desire for agriculture and seeing school kids
picking apples off the trees is unique.
Derrald Borgens, adjacent property owner, explained he wrote a letter of concern and
appreciates any consideration for his concerns, specifically safety regarding traffic when
automobiles are leaving the site and delivery truckers who stop on the highway waiting for access
onto the property.
El Sheryl Borgens, adjacent property owner, stated she believes the 10 MPH speed limit may
be too quick, because on the weekends, and specifically 10:00 p.m. - 1:00 a.m., there is a lot of
chaos. In response to Commissioner Moreno, Ms. Borgens stated she believes additional safety
of traffic when children are present should be addressed.
Mr. Biwer stated he understands the concerns of the neighbors, he is always on the property,
the speed limit of 10 MPH is for dust abatement, and they are very cognizant of children when
they are on the property. In response to Chair James, Mr. Biwer stated he conducted a
neighborhood outreach last week, and two (2) of the SPOs offered support of the use.
The Board discussed the Conditions of Approval and Development Standards. The Board
agreed to the Resolution as presented.
El In response to Chair James, Mr. Biwer indicated he had reviewed, and agreed to abide by,
the Conditions of Approval and Development Standards, as presented.
El Commissioner Freeman moved to approve the request of Adam's Apple, Inc., for a Site
Specific Development Plan and Use by Special Review Permit, USR22-0016, for an Event Facility
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
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and Development Standards, as amended. The motion was seconded by Commissioner Moreno,
and it carried unanimously. There being no further discussion, the hearing was completed at
10:34 a.m.
This Certification was approved on the 5th day of October, 2022.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d„,,) •JC,lRo�
Weld County Clerk to the Board
BY:
Sc5tt K. James, Chair
Mike an Pro-Tem
Deputy Clerk to the Board
Perry L B
c
teve Moreno
EXCUSED DATE OF APPROVAL
Lori Saine
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