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Home My WebLink About20210385.tiffHEARING CERTIFICATION DOCKET NO. 2021-07.B RE: ZONING PERMIT, ZPAG20-0033, IN PART, 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 - RACHEL CRAWFORD A public hearing was conducted on March 17, 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, Jan Warwick Assistant County Attorney, Bob Choate Planning Services Department representative, Diana Aungst Public Works Department representative, Melissa King Health Department representative, Lauren Light The following business was transacted: la 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 on February 8, 2021, 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 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. At said hearing, the Board deemed it advisable to bifurcate said request approving one (1) second, single-family dwelling unit, and continuing the agritainment events facility to March 17, 2021, at 10:00 a.m., to allow the applicant additional time to review the Warranty Easement Deed, dated December 30, 1918, recorded at reception number 288249, and work with the neighbor and Department of Planning Services to resolve access and maintenance issues. Bob Choate, Assistant County Attorney, made this a matter of record. e Diana Aungst, Department of Planning Services, reiterated this is a continuation from February 8, 2021, specific to the agritainment portion of the application which was bifurcated from the request for the second home to allow the applicant additional time to review the Warranty Easement Deed, dated December 30, 1918, and work with the neighbor and Department of Planning Services to resolve access and maintenance issues regarding the easement. CC-: PLCOA(TP),Pwfn. O►eHC 0Ca l Oq f a l 2021-0385 PL2755 HEARING CERTIFICATION - RACHEL CRAWFORD (ZPAG20-0033) PAGE 2 Ms. Aungst stated it has been determined that the 1918 Deed does not pertain to this case, rather, it refers to an easement that is further to the west. e Melissa King, Department of Public Works, stated the parcel has an unpermitted, existing access onto County Road (CR) 6, via an easement across the parcel to the north, and the applicant shall obtain an Access Permit that reflects the proposed use. Lauren Light, Department of Public Health and Environment (EH), stated EH has nothing to update since the previous hearing held on February 8, 2021. Keaton Crawford represented the applicant and stated they attempted to initiate dialogue with the adjacent property owner, Ms. Jeri Yarbrough, regarding a Road Maintenance Agreement, but did not receive any response back from her. Ms. Crawford explained the applicant is willing to take on 100% of the road maintenance, beginning with laying recycled asphalt in order to reduce dust, and requested this mitigation measure be included as a Condition of Approval in place of a Road Maintenance Agreement. She also mentioned they had a conversation with one of the other neighbors who previously expressed concerns and that neighbor is now agreeable with the proposal. Chair Moreno confirmed this hearing was continued from February 8, 2021, to address access issues. Jerri Yarbrough, surrounding property owner of the joint access easement, stated she has hired legal counsel who sent communication to Mr. Choate. Ms. Yarbrough stated she has concerns regarding proof of any rights granted for use on her easement, the Maintenance Agreement, dust from overburdened use of the access road from its original purpose, and insurance liability. Ms. Yarbrough explained, as far as reaching out to the Crawfords regarding a Maintenance Agreement, she was hesitant to sign anything, believing she may be signing her rights away for future use on the easement road. Ms. Yarbrough relayed Mr. Joe Archuleta, who owned the property before her, is on his way. El At the request of Chair Moreno, Mr. Choate confirmed receipt the of the letter from Ms. Yarbrough's counsel, which should be in each Commissioner's email. Mr. Choate explained the letter requests denial of the application, stating the Crawfords should file an action in District Court to affirmatively determine they have the right to use the easement in this manner. Mr. Choate stated, in his opinion, it appears they do have that right; therefore, it would be more appropriate for an action to be filed by the neighbor if they disagree. Mr. Choate stated it seems clear there is no limitation on the easement, and it would take historic evidence to determine otherwise. However, Ms. Yarbrough's counsel believes a lawsuit should be filed in the District Court first. In response to Commissioner James, Mr. Choate agreed it is not the Commissioners' purview to decide the limits of the use of the easement, rather, under Section 23-4-1200.A, the Board must disallow uses which would create a noticeable nuisance on the property's boundary. Mr. Choate went on to state the Board could require the applicant to maintain the road, even though it is not a County Road, and noted the applicant is willing to take on 100°/0 of those costs. He reiterated deciding that the applicant can or cannot use the access, legally, is something only the District Court can mandate. Commissioner Saine stated she would like to insert language regarding dust mitigation. Ms. Yarbrough voiced additional concerns regarding establishing a precedent for commercial use of the access, diminished authority over the road if 100% maintenance is granted, and increased round trips being allowed in the future. Commissioner Freeman clarified this is a zoning permit, which limits the use. 2021-0385 PL2755 HEARING CERTIFICATION - RACHEL CRAWFORD (ZPAG20-0033) PAGE 3 Following further discussion concerning allowed roundtrips, and in response to Commissioner James, Mr. Choate confirmed the easement runs with the land, explaining an easement is the right to use another person's land pursuant to the terms of the easement. He explained the dominant estate is the property or person who has the right to use it, and the subservient estate is the owner of the property who takes the underlying land subject to another person's right to use it. Mr. Choate also confirmed the form of the easement does not provide much of a description; it is for ingress and egress. Responding to Ms. Yarbrough, Commissioner James stated the easement should be interpreted based on as what it says, not what it's intention was. e Joe Archuleta, prior owner of the neighboring property, stated the easement agreement was for residential use. Mr. Archuleta relayed historical use of the properties, and reiterated when the property was sold to Ms. Yarbrough, she was told the easement was for residential use only. • Toni Thieman, ReMax Northwest, relayed she was the listing agent on subject property stating she does not recall any issues ever limiting or restricting the use of this road for residential use only. El In response to Chair Moreno, Ms. Crawford indicated they have no concerns with the Conditions of Approval and Development Standards, with the provision that the applicant be responsible for 100`)/0 of the Road Maintenance, rather than the required Road Maintenance Agreement. Ms. Crawford also explained they had expressed to Ms. Yarbrough they would be willing to install speed limit signs, and they will mitigate dust by installing recycled asphalt along the easement roadway. She explained staging of vehicles on the roadway has been addressed with a double gated system, as required by the USDA, to ensure the safety of the animals and citizens. Ms. Crawford explained the limit of 60 round trips per day includes private use, as well as 50 guests, or 100 people per day. ▪ In response to Commissioner Freeman, Mr. Choate confirmed Condition of Approval (COA) #1.C relates to road maintenance on CR 6, which was acknowledged by Ms. King. Mr. Choate stated COA #1.B references the Easement Agreement, and the maintenance would be addressed through a Development Standard (DS). Mr. Choate explained Ms. Crawford is requesting deletion of COA #1.6 and adding DS #12, to state, "The access easement roadway to the site shall be 100% maintained by the owner of Lot 2 of Recorded Exemption, RE-1314."Commissioner James, regarding compatibility with Section 23-4-1200.A.5, proposed the addition of DS #13 to state, "The access easement roadway to the site shall consist, at a minimum, of recycled asphalt." Commissioner Freeman suggested deleting COA #1.6. The Board agreed to all of the aforementioned changes. e In response to Chair Moreno, Ms. Crawford indicated she had reviewed, and agreed to abide by, the Conditions of Approval and Development Standards, as amended. Ms. Crawford requested clarification under DS #3 to add language stating the 60 roundtrips per day as an additional limiting factor. e Chair Moreno opened the floor to public input limited to the discussed changes. Mr. Archuleta stated the road also has underground utilities that supply the Yarbrough property, which also go all the way to the south end, and inquired who is responsible for repairs. Ms. Yarbrough stated 2021-0385 PL2755 HEARING CERTIFICATION - RACHEL CRAWFORD (ZPAG20-0033) PAGE 4 she understood the round trips to be 30 round trips. Commissioner Freeman confirmed the permit allows 60 cars in, 60 cars out, Ms. Yarbrough voiced her concerns regarding the number of vehicles in and out on the easement road. Chair Moreno invited County Attorney, Bruce Barker, to address the Board. Mr. Barker expressed his concerns regarding the County limiting a private easement or access, rather than having the matter resolved by the parties that own the easement, or the Court. In response to Commissioner James, Mr. Barker stated the Courts provide certainty, explaining if there is an agreement regarding maintenance, and the Board dictates what type of maintenance that provides, the Board is then inserting themselves into the contractual relationship between the two parties. Following additional discussion, Mr. Barker stated the application is conditional on whether the Use can be accessed. In response to Commissioner James, Mr. Choate suggested the option to refer the matter back to staff. Crawford asked for clarification regarding private use, versus residential use, as they have a use by right, if they can keep below 30 round trips. Mr. Choate explained the 30 round trips by right does not have any bearing on whether the easement can be used that much, as an easement could have express terms on the use. He further stated an easement is really an easement agreement, where two parties negotiate terms. Mr. Choate stated, based upon Mr. Barker's advice, the applicant needs an agreement between the two parties or a Court Order. In response to Commissioner Buck, Mr. Barker stated, in any easement there is a dominant estate and a subservient estate, and the Board should not be inserting those types of directives. El Commissioner James, concerning the request of Rachel Crawford, for a Zoning Permit, ZPAG20-0033, for certain uses in the A (Agricultural) Zone District, 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, moved to refer the matter back to staff. The motion was seconded by Commissioner Buck. Chair Moreno requested a roll call vote, and the motion passed by a 3 — 2 vote, with Commissioners Freeman and Saine opposed. There being no further discussion, the hearing was completed at 10:59 a.m. 2021-0385 PL2755 HEARING CERTIFICATION - RACHEL CRAWFORD (ZPAG20-0033) PAGE 5 This Certification was approved on the 22nd day of March, 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ysimilt) v• .p•�,�, Weld County Clerk to the Board Deputy Clerk to the Board Stev- Moreno, Chair Mike Freeman 2021-0385 PL2755 ATTENDANCE LIST �-1'7-mil NAME - PLEASE PRINT LEGIBLY ADDRESS (CITY, STATE ZIP) EMAIL COUNTY OF RESIDENCE SPEAKING (Y/N)? KXCZN•N�\ rc M5Aa emu., -'_°',&a' -k-r-ut_.& krnsn. con, veAc:\.. u gill* Craly brd /y5%(7, lekl rg�zi 44/116' akre,(rrn �pt� is 'O_G1r CrniArd ty5(0 Coin P,c1 LQ Wotan Kecbn . AA. ccr fd@ (Al . cone)Ojcide_A vv-cui N/ -2 9 clx� y T -L; o„), L �`7 2q / cif 20 e r� , Ala v n-) CO. . oc,ce, We V. 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