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HomeMy WebLinkAbout20210574.tiffHEARING CERTIFICATION DOCKET NO. 2021-12 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR20-0035, FOR AN EVENT CENTER IN THE A (AGRICULTURAL) ZONE DISTRICT - THOMAS AND CORINNE MOORE A public hearing was conducted on March 3, 2021, at 10:00 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, Jess Reid Assistant County Attorney, Bob Choate Planning Services Department representative, Angela Snyder Public Works Department representative, Zackery Roberson Health Department representative, Lauren Light The following business was transacted: • I hereby certify that pursuant to a notice dated January 22, 2021, and duly published January 24, 2021, in the Greeley Tribune, a public hearing was conducted to consider the request of Thomas and Corinne Moore, for a Site Specific Development Plan and Use by Special Review Permit, USR20-0035, for an Event Center in the A (Agricultural) Zone District. Bob Choate, Assistant County Attorney, made this a matter of record. e Angela Snyder, Department of Planning Services, presented a brief summary of the proposal, stating the applicant is requesting to use two (2) existing barns and a lean-to for events such as weddings or receptions. She provided the location of the site and stated it is within the three (3) mile referral area of the City of Greeley and Town of Eaton but is not in an Intergovernmental Agreement area. She indicated a maximum of 20 events, occurring Friday through Sunday, are expected per year, with a maximum number of cars limited to 50, guests limited to 130 and the music/sound system ending at 11:30 p.m. Ms. Snyder outlined the criteria the application must meet and explained how the application meets each criteria. She noted Planning staff sent notification to 29 surrounding property owners (SPOs), mentioned the applicant reached out to SPOs prior to the submittal of the application, and relayed Planning staff received one (1) phone call from a resident behind the proposed venue citing concern for the safety of children and inebriated adults, due to the proximity of a ditch. She stated a Landscape and Screening Plan has been requested as a Condition of Approval (COA), relayed the Planning Commission's (PC) recommended the noise level on the west side of the property and mentioned there is an agreement in place for the applicant to compensate the neighbor to the west, for each event held. Ms. Snyder referenced the State Highway 392 Access Control Plan (SH 392 ACP), stating Public Works (PW) would speak more to the requirements of the Colorado Department of Transportation ee; arc 126/rw), P474, O4 -[LO 3/a -co /a .a-1 2021-0574 PL2788 HEARING CERTIFICATION - THOMAS AND CORINNE MOORE (USR20-0035) PAGE 2 (CDOT). She entered the favorable recommendation of the Planning Commission into the record as written and displayed images of the site and surrounding views. —� Zackery Roberson, Department of Public Works, stated a Traffic Impact Study was submitted, which indicated the site could generate up to 132 trips in and out of the facility, per event. He indicated access for the site is 0.62 miles west of County Road (CR) 35. He affirmed the SH 392 ACP would require a right-in/right-out access to the site and mentioned the site meets an exception for drainage. In response to Chair Moreno, Mr. Roberson confirmed the right-in/right-out access is referred to as a "pork chop". • Lauren Light, Department of Public Health and Environment (EH), stated water to the existing house is provided by the North Weld County Water District and there is a septic system permitted for three (3) bedrooms. She explained portable toilets are acceptable for events and food trucks and/or caterers must comply with retail food regulations. She reviewed the Noise Study, which indicated the residential noise level can be met and explained the PC added a sentence to the end of Development Standard (DS) #20 (permissible noise levels), which reads "except for the west property line which shall adhere to 60 db(A)", and noted DS #13-22 address EH items. ▪ Corinne Moore, applicant, provided a PowerPoint presentation (Exhibit E) outlining the vision for the venue and pictures of her son's wedding at the proposed site. In response to Commissioner James, Ms. Moore reiterated the compensation agreement with the neighbor to west, and Commissioner Freeman confirmed the Board has previously approved USRs where the noise standard on one side of the site is different from the noise standard for the rest of the site. • No public testimony was offered concerning this matter. • There was extensive discussion among the applicant, the Board, staff and Mr. Choate regarding CDOT's requirement of the pork chop access. Mr. Choate clarified the access is under CDOT's jurisdiction, so the access design and the timing of implementation will have to be addressed by the applicant, with CDOT. In response to Commissioner James, Mr. Roberson confirmed Weld County is one of the jurisdictions involved in the SH 392 ACP and mentioned the PW referral states the proposed USR shall comply with CDOT requirements. Mr. Roberson stated, per a conversation with CDOT, an updated Access Permit will only be required if the overall, yearly traffic increases by 20%, and affirmed the current USR proposal will not trigger that requirement. a Dawn Anderson, Department of Public Works, confirmed CDOT plans to put a traffic light at CR 35 in 2024, explained the SH 392 ACP is to ensure the safety of the traveling public and indicated the trigger to install new safety measures is often upon redevelopment or change of use. Mr. Choate relayed the Board can add a Condition stating improvements to the access do not need to be made until the traffic light is installed, but that will not preclude CDOT from requiring the applicant to install the pork chop at the time they see fit. In response to Chair Moreno, Ms. Moore indicated there will be no landscaping improvements, the landscaping will remain "as is", and confirmed the number of guests will be no more than 130. Ms. Snyder stated the Building Department requested the Board add COA #5.6 (the barn structure shall be permitted as commercial events center) and mentioned COA #1.6, #1.C and #5.A all relate to the access. In response to Chair Moreno, Ms. Moore described the 2021-0574 PL2788 HEARING CERTIFICATION - THOMAS AND CORINNE MOORE (USR20-0035) PAGE 3 lighting as string lights and Mr. Roberson confirmed the site meets an exception to drainage. Ms. Moore reiterated the maximum number of guests and Mr. Roberson confirmed the Board can delete COA #1.C (applicant shall address concerns of the PW Referral relating to access) since the access is in CDOT's jurisdiction. Mr. Choate reiterated the applicant will need to communicate with CDOT with regard to the access, and after discussion about COA #5.A (applicant shall address requirements of CDOT), Commissioner James suggested deleting the second sentence, which reads, "Written evidence of such shall be submitted to the Weld County Department of Planning Services." Ms. Snyder clarified for applicant that she will need to provide Planning staff with an updated Access Permit from CDOT, or a letter from CDOT stating she does not need an updated Access Permit at this time. The Board agreed to all of the aforementioned changes. El In response to Chair Moreno, Ms. Moore indicated she had reviewed, and agreed to abide by, the Conditions of Approval and Development Standards, as amended. e No public testimony was offered regarding changes made to the Conditions of Approval and Development Standards. Commissioner James moved to approve the request of Thomas and Corinne Moore for a Site Specific Development Plan and Use by Special Review Permit, USR20-0035, for an Event Center 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 Freeman. Commissioner Buck stated she appreciated the applicant pursuing an economical venue option and the motion carried unanimously. There being no further discussion, the hearing was completed at 11:04 a.m. This Certification was approved on the 8th day of March, 2021. 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