HomeMy WebLinkAbout20210420.tiffHEARING CERTIFICATION
DOCKET NO. 2021-07
RE: A ZONING PERMIT, ZPAG20-0033, FOR CERTAIN USES IN THE A (AGRICULTURAL)
ZONE DISTRICT, FOR ONE (1) SECOND, SINGLE-FAMILY DWELLING UNIT
OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE
A (AGRICULTURAL) ZONE DISTRICT - RACHEL CRAWFORD
A public hearing was conducted on February 8, 2021, at approximately 9:00 a.m., with the
following present:
Commissioner Steve Moreno, Chair
Commissioner Scott K. James, Pro-Tem
Commissioner Perry L. Buck
Commissioner Mike Freeman
Commissioner Lori Saine
Also present:
Acting Clerk to the Board, Jan Warwick
County Attorney, Bruce Barker
Planning Services Department representative, Diana Aungst
Public Works Department representative, Melissa King
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated January 12, 2021, and duly published
January 20, 2021, in the Greeley Tribune, a public hearing was conducted to consider the request
of Rachel Crawford, for a Zoning Permit, ZPAG20-0033, for certain uses in the A (Agricultural)
Zone District, for one (1) second, single-family dwelling unit and an Agritainment events facility,
to include such activities as educational animal interactions, animal yoga, carriage rides, up to
twenty (20) small family friendly events per calendar year for example: fundraisers, equestrian
clinics, Easter egg hunts, etc., outside of Subdivisions and Historic Townsites in the
A (Agricultural) Zone District.
Diana Aungst, Department of Planning Services (PS), presented a brief summary of the
proposal, posting of the notice and location of the site. She stated 18 referrals were sent out,
ten (10) referral agencies responded with no concerns or included comments that have been
addressed in the Development Standards (DS) and Conditions of Approval (COA), and eight (8)
referral agencies did not respond. Ms. Aungst relayed the operation will be known as Always
Acres, LLC, will operate from 9:00 a.m. to 9:00 p.m., Monday through Sunday, and there is one (1)
existing residence onsite occupied by the property owner. She stated there could be up to ten (10)
employees, and as many as 100 customers onsite; however, the number of round trips per day
shall not exceed 60. She described the on -site buildings and noted a 4,000 square -foot metal
barn is proposed. Ms. Aungst described the events proposed, stating the maximum number of
guests would be 50, at one time. She relayed larger events will utilize portable toilets, smaller
events will utilize toilet facilities in the barn, and self-contained food trucks will be onsite during
events. She stated no additional landscaping is proposed, the anticipated sign, near the entrance
gate, will meet Weld County requirements, and there is space for approximately 50 parking
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spaces with three (3) ADA compliant spaces. Ms. Aungst described the one (1) shared access
off an easement extending south from County Road (CR) 6, with a gate at the entrance of the
subject property. She stated the Colorado Department of Agriculture, Pet Animal Care Facilities
Act (PACFA), provided referral comments and the applicant submitted an email acknowledging
their agreement to abide by the licensing requirements. Ms. Aungst described the adjacent land
uses, explaining there are four (4) residences in close proximity surrounding the site, and there
are six (6) USRs within one mile. Ms. Aungst relayed PS sent notice to ten (10) surrounding
property owners (SPOs) within 500 feet of the proposed USR boundary, seven (7) letters of
concern were received, three (3) from the same SPO, concerning lack of peace and quiet, health
issues due to dust because of increased traffic, dust affecting livestock, lack of privacy, property
values decreasing, increased traffic, maintenance of the shared easement and the impact of cars
being lined up in front of the neighbor's home due to the applicant closing the gates to the facility.
Ms. Aungst relayed staff is recommending denial due to the number of SPOs in opposition and
uncertainty that the concerns can be mitigated. In response to Chair Moreno, Ms. Aungst
reiterated there is no proposed landscaping, and she displayed images of the site and surrounding
views. In response to Commissioner James, Ms. Aungst stated she believes the applicant
intended the scenario of, if she had two (2) classes of 50 each per day, that would be the total of
100 customers, anticipating more than one (1) person per car to maintain the 60 round trips per
day. Responding to Commissioner Buck, Ms. Aungst confirmed the closest neighbors are in
opposition. In response to Commissioner Saine, Ms. Aungst acknowledged there were seven (7)
letters received in opposition, three (3) from the same property owner and two (2) from the same
property owner, for a total of four (4) SPOs in opposition.
IR Melissa King, Department of Public Works (PW), provided a description of the unpermitted,
existing access onto CR 6, which access is via an easement across the parcel to the north of the
subject site, thus the applicant will be required to obtain an access permit. Ms. King relayed the
latest average daily traffic on CR 6 counted 216 vehicles per day, with 14% trucks and the 85th
percentile speed being 48 MPH. She further stated the traffic information submitted with the
application indicated there would be approximately 60 daily round trips, to include employee
passenger vehicles, business passenger vehicles and four (4) tandem trucks, semi -trucks, trailers
and RVs. She explained 90% of the traffic would head west and 10% would head east, on CR 6
and stated PW is requesting a Road Maintenance Agreement, including, but not limited to, dust
control and damage repair to the specified travel route on CR 6. She relayed the applicant has
submitted a Drainage Narrative stating the site meets a drainage exception and no additional
drainage information is needed, and a Weld County Grading Permit is required if more than
one (1) acre is disturbed. In response to Commissioner James, Ms. King confirmed the access
easement is approximately 1,000 feet and was granted as a shared easement by a 1918 Deed.
Lauren Light, Department of Public Health and Environment (EH), stated water is supplied
by a well that is permitted for commercial and domestic uses. She stated there is a septic system
permitted for two (2) people which serves the existing barn, the septic system for the existing
residence is permitted for four (4) bedrooms, the applicant indicated a new commercial septic
system will be installed when the new second residence/barn is built, and if the septic system for
the existing barn is utilized, then they will require an engineer's review. Ms. Light shared portable
toilets will be used for large events, which is acceptable as long as they are not the only source
of sewage disposal during events, which is addressed in the DS. She stated typical dust and
waste items are included, on -site dust control will be provided as necessary, animal waste will be
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placed in a dumpster and should be emptied on a regular schedule, there is a DS for disposal of
animal waste and food storage to prevent nuisance conditions such as rodents and odors, and
additional trash cans will be provided during events for littering concerns. She relayed a PACFA
license is required and the applicants did not submit a noise study, but indicated the residential
noise limit is acceptable and noise will not be an issue as the new barn will be constructed toward
the center of the property, and noise is measured 25 feet off property lines. Ms. Light stated food
trucks or caterers must comply with retail food regulations and DS #16 — 27 address EH items.
IR Keaton Crawford, applicant, stated they have set a cap at 100 visitors per day, clarified two
of the properties designated as in opposition are owned by the same people, and noted one
property owner is in support of the application. Ms. Crawford explained the goals of the business
and expressed their desire to educate the public on animal welfare, in addition to agriculture,
farming and ranching. She explained their family's passion for animals and relayed this property
was chosen because of the variation of agriculture in the surrounding area, stating they believe
the business will bring more awareness to the Fort Lupton and Brighton areas, encouraging
people to visit other surrounding areas after attending one of their events. Ms. Crawford relayed,
from the beginning, they tried to make accommodations and compromises with the SPOs
regarding their concerns, including sending out a letter prior to the USR hearing, introducing
themselves and allowing neighbors to reach out with concerns, additionally meeting with Ms.
Yarbrough in May, who had no concerns about the business at the time. Ms. Crawford pointed
out the location of the barn, where a majority of the activities of the business will be conducted.
She stated they recognize concerns of the SPOs regarding the traffic counts, thus amending the
number of the trips per day, stating they do not believe their business plan deviates from similar
surrounding businesses in the area. Ms. Crawford stated they will be compliant with the Dark Sky
Policy, noise restrictions and all requirements of the Road Maintenance Agreement, as well as
making reasonable accommodations regarding traffic and they accept the additional burdens of
the request. In response to Commissioner Saine, Ms. Crawford confirmed maintenance on CR 6
would include watering of the road, due to additional traffic above the Use by Right of 30 round
trips per day. In additional response to Commissioner Saine, Ms. Crawford agreed they are
anticipating carpools and families in one vehicle, confirming the property was purchased
specifically with this business idea in mind. She stated although the numbers are confusing, they
are attempting to work with Ms. Yarbrough regarding the traffic and road maintenance but were
waiting on the outcome of this hearing. In response to Commissioner Buck, Ms. Crawford
explained her background in agriculture. Responding to Commissioner James, Ms. Crawford
reiterated they are anticipating 60 round trips per day, which will be managed by requiring
advance ticket sales, explained the written agreement that is in place allows 30 trips by right and
they will either hire out or maintain the road themselves.
Jerry Yarbrough, SPO, stated she owns and shares the access easement, explaining she
has been maintaining the road. She described the history of the road and its maintenance and
her understanding of the conversation regarding increased use of the road. Ms. Yarbrough shared
the reasons why she purchased her property, in 2015, explaining her biggest concern is the
access road, which is 30 feet from her home, and if gates are closed, the vehicles would be staged
directly in front of her home, negating her privacy. She explained some changes she has had to
make on her property to contain her animals to prevent injury due to increased traffic. She stated
she was assured by the prior property owner that the historic, 103 -year -old easement agreement,
was a private use access for residents only; however, ticketed events changes the use to
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commercial. Ms. Yarbrough expressed concerns with dust, hours of operation, headlights
disturbing her privacy, and decreased property value. In response to Chair Moreno, Ms.
Yarbrough reiterated she purchased her property in 2015, explaining she no longer breeds
horses. Responding to Commissioner James, Ms. Yarbrough explained the landscaping along
the access road, reiterated a conversation she had with her realtor and her attorney concerning
use of the private access easement, and pointed out the location of her front door near the gated
area. Ms. King responded to Commissioner James confirming the access is not permitted, rather,
the actual easement is across the northern parcel as described in the 1918 Deed. Ms. Yarbrough
provided an additional copy of the 1918 Easement Deed (Exhibit A).
e Toni Thieman, Realtor who had the property listed, described the history of ownership of the
property, including the Yarbrough property. She stated the easement on the Recorded Exemption
from 1991, called out the access as a non-exclusive, 30 -foot access and the utility easement to
the property. She indicated there was more activity on the access road in the past than when
Ms. Yarbrough purchased her property and relayed the applicant has stated she would leave the
gates open to dissuade vehicles from blocking the Yarbrough entrance. She went on to describe
several different facilities that are similar, stating the applicant intends to have horse -related
activities, and unique animal education. In response to Commissioner Saine, Ms. Thieman
confirmed the road had similar uses before; however, she was uncertain whether the prior uses
of the road were discussed with the Crawford's at the time they purchased their property.
Ei Ms. Yarbrough read an e-mail from Gina Sack, SPO, elaborating on observing the unfenced
release of kangaroos and concerns regarding dust, increased traffic, animal diseases, decreased
property values, and inconsistency with the neighborhood (Exhibit B).
Ms. Crawford clarified they would retain the current Road Maintenance Agreement only if the
current Use by Right, daily round trips remained at 30, otherwise, they are willing to contribute an
additional 1/3 share for additional traffic. Ms. Crawford stated she did not realize Ms. Yarbrough
had been actively maintaining the road and they are willing to leave the entrance gate open when
events are held, alleviating the possibility of vehicles parking on Ms. Yarbrough's property or
blocking her drive. In response to Commissioner Freeman, Ms. Crawford confirmed they are
proposing small group activities on a daily basis, explaining the bigger events would be 20 per
year. In response to Commissioner Saine, Ms. Crawford shared they are subject to both PACFA
and USDA licensing, and in regard to the double fencing question raised by one of the neighbors,
she explained the kangaroos are contained on the property behind a seven (7) foot, metal pipe
electric fence. She stated as they introduce the boarding and training facility, the traffic will
increase, as the Use by Right allows, regardless of the type of events held. With regard to the
USDA licensing, Ms. Crawford shared they will have no dangerous animals, and an agreement
will be in place with the USDA pertaining to animal care, which is similar to PACFA licensing
requirements, so local, state and federal levels of licensing are being addressed. In response to
Commissioner Saine, Ms. Crawford confirmed she is willing to work with Ms. Yarbrough regarding
a Road Maintenance Agreement, detailing who is maintaining dust control, and shared costs for
maintenance. In response to Commissioner James regarding DS #23, (Noise — residential limit),
there was discussion on what type of noise study would be conducted and if one was necessary.
In response to Commissioner James regarding the 1,000 -foot access easement, that is non-
exclusive and deemed to be private according to the 1918 Deed, Mr. Barker confirmed it is not a
commercial road; therefore, the adjacent property owner would need to grant access to the
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extended or increased access for the increased use. There was additional discussion regarding
the private easement. With regard to Ms. Crawford's inquiry, seeking clarification of Commercial
Use being considered as different than Use by Right, Mr. Barker explained a contractual
agreement between the applicant and Ms. Yarbrough, in respect to additional traffic, is what the
applicant would need to address, which is outside the scope of the Board of County
Commissioners. Mr. Barker explained there are actually two (2) requests for this application, one
being the single family dwelling and the second being the agritainment. Ms. Crawford elaborated
on her struggle with the private use or residential use definitions, and which would allow for Use
by Right on the single family dwelling, but not the agritainment. There was extensive discussion
regarding the access, the maintenance of the access and the two separate requests under one
application and the course of action to bifurcate the two requests on the application.
El Chair Moreno recessed the meeting at 10:44 a.m., for ten (10) minutes.
IE Chair Moreno reconvened the hearing at 10:54 a.m.
e Commissioner Saine, moved to bifurcate the request of Rachel Crawford for a Zoning Permit,
ZPAG20-0033, to approve certain uses in the A (Agricultural) Zone District, for one (1) second,
single-family dwelling unit, along with the related Conditions of Approval and Development
Standards, and to continue the request for an Agritainment events facility, to include such
activities as educational animal interactions, animal yoga, carriage rides, up to twenty (20) small
family friendly events per calendar year for example: fundraisers, equestrian clinics, Easter egg
hunts, etc., outside of Subdivisions and Historic Townsites in the A (Agricultural) Zone District, to
March 17, 2021, at 10:00 a.m. The motion was seconded by Commissioner Freeman.
El In response to Ms. Crawford, Mr. Barker explained the Code's definitions of public and private
uses are not relevant to this hearing or the Board's decision, stating she is free to reach out to the
Department of Planning Services for further clarification.
• Ms. Aungst suggested deleting Conditions of Approval #1.A, #1.B and #1.C, and
#1.D.4 - #1.D.10, amending DS #1 to delete reference to the Agritainment events facility request,
and deleting #3, #12 - 13, and #16 - 27. Ms. Aungst requested a new DS #16 to state, "A
permanent adequate water supply shall be provided for drinking and sanitary purposes.", and DS
#17, to state, "Any On -site Wastewater Treatments Systems (OWTS) located on the property
must comply with all provisions of the Weld County Code pertaining to OWTS. "
e Commissioner Moreno requested amending the title of the Resolution to bifurcate the two
requests of the application, including paragraph #1 in the Development Standards. Ms. Aungst
read the updated title. Mr. Barker suggested additional bifurcated language which he will provide.
▪ In response to Chair Moreno, Ms. Crawford indicated she reviewed, and agreed to abide by,
the Conditions of Approval and Development Standards, as amended and bifurcated.
Ei No public testimony was offered regarding changes made to the Conditions of Approval and
Development Standards.
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IE Chair Moreno cited the motion previously stated and seconded, requested a vote of the
Board, and it carried unanimously. There being no further discussion, the hearing was completed
at 11:03 a.m.
This Certification was approved on the 10th day of February, 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ddetitet) �.•�
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
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Steve
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Perry L. B k
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