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Home My WebLink About20201666.tiffHEARING CERTIFICATION DOCKET NO. 2020-29.B RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR20-0001, FOR MULTI -FAMILY DWELLINGS FOR PERSONS PRINCIPALLY EMPLOYED AT OR ENGAGED IN FARMING WITH THE H -2A PROGRAM IN THE A (AGRICULTURAL) ZONE DISTRICT - HARD KNOCKS HOMESTEAD, LLC A public hearing was conducted on June 10, 2020, at 10:00 a.m., with the following present: Commissioner Mike Freeman, Chair Commissioner Steve Moreno, Chair Pro -Tern Commissioner Scott K. James Commissioner Barbara Kirkmeyer Commissioner Kevin D. Ross Also present: Acting Clerk to the Board, Jan Warwick Assistant County Attorney, Bob Choate Planning Services Department representative, Diana Aungst 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 March 11, 2020, and duly published March 18, 2020, in the Greeley Tribune, a public hearing was conducted on April 22, 2020, to consider the request of Hard Knocks Homestead, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR20-0001, for Multi -Family Dwellings for persons principally employed at or engaged in farming with the H -2A Program in the A (Agricultural) Zone District. On April 22, 2020, the matter was continued to June 10, 2020, due to the COVID-19 event and to protect the health, safety, and welfare of the general public, and a new notice was dated April 17, 2020, and published April 22, 2020. Bob Choate, Assistant County Attorney, made this a matter of record. 0 Diana Aungst, Department of Planning Services, described the site location, and stated eleven referrals were sent out, ten (10) responses were received, with no concerns or comments which have been addressed in the Conditions of Approval (COA) or Development Standards (DS). She noted a USR is required for this use under Section 23-3-40.T (Multi -family dwellings) of the Weld County Code, and stated the applicant is the owner of Monroe Organic Farms, LLC, which proposes to convert the office portion of their barn into a multi -family dwelling for four (4) seasonal farm labor residents from the H -2A program. She described the layout of the barn dwelling, which will include a living area, kitchen, bathroom and two (2) bedrooms accommodating two (2) people each, a breakroom, storage spaces and work area will continue to be used as previously designed. She stated employees will work from March or April through November or December and the hours of operation will be from 7:00 a.m. to 5:00 p.m., Monday through Saturday, with no shift work. She explained the applicant applied to the U.S. Department of Agriculture to be a partner in the H -2A Visa Program, which helps employers who anticipate a lack of available domestic workers to bring foreign workers to the United States (US) for temporary or seasonal en'.PL(pA-ItPi% Ph1(zO, 4(u..) 2020-1666 PL2746 HEARING CERTIFICATION - HARD KNOCKS HOMESTEAD, LLC (USR20-0001) PAGE 2 agricultural work. She described adjacent land uses and stated the closest residence is to the south of County Road (CR) 48, the house toward the east is approximately one quarter mile from the barn of the subject property and there is another residence approximately 550 feet south of the site. She relayed there are 14 USRs within one (1) mile of the site and staff sent notice to three (3) surrounding property owners (SPOs) within 500 feet of the proposed USR boundary, and one (1) phone call of inquiry was received. She indicated the site is located within the three (3) mile referral area of the Town of Kersey, which expressed no concerns referral response, dated January 31, 2020. She stated the site is also located within the Cooperative Planning Area (CPA) of the Town of Kersey, who returned the Notice of Inquiry stating they are not interested in annexation of the property. She further stated the site is not located within a regional organizing area or an urban growth boundary. Ms. Aungst 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 the site is accessed from County Road (CR) 48, and approximately 2,500 feet east of CR 53, via an existing Access Permit, AP19- 00601. He stated staff is not requesting a Drainage Report or a Grading Permit and suggested deletion of Development Standard #10 (maintenance of onsite drainage related features), as it is not necessary. e Lauren Light, Department of Public Health and Environment, relayed water is provided by the Central Weld County Water District, there is one (1) septic system permitted for the property, sized for the existing four (4) bedroom residence, a five (5) person office and a seasonal outdoor restroom. She stated the system was based upon six (6) bedrooms, so an engineer will have to review the sizing and approve adequacy. She indicated the Environmental Health Development Standards (DS) address the typical standards concerning dust, waste and adequate sanitary facilities, which only apply to this USR, and do not encompass the farming operation. e Gerald Monroe, applicant, stated he is a third -generation farmer, he and his son run the family's 84 -year -old farm, which provides vegetables to member shareholders and they also sell produce at farmer's markets and to a few restaurants. e No public testimony was offered concerning this matter. e In response to Chair Freeman, Mr. Monroe indicated he had no questions regarding the COA or DS. Per Mr. Roberson's recommendation, the Board deleted DS #10 (maintenance of on -site drainage related features). Responding to Commissioner Kirkmeyer, Mr. Monroe indicated he and his wife reside in the house, therefore, DS #3 (employees dwelling onsite) was amended to add "within the barn". Commissioner Kirkmeyer also proposed modification of DS #18 (access onto the property by necessary personnel) by replacement of "at any reasonable time" with "through appointment only", since the use is for a residence. The Board agreed to all the aforementioned changes. IE In response to Chair Freeman, Mr. Monroe indicated he had reviewed, and agreed to abide by, the Conditions of Approval and Development Standards, as amended. 2020-1666 PL2746 HEARING CERTIFICATION - HARD KNOCKS HOMESTEAD, LLC (USR20-0001) PAGE 3 El No public testimony was offered regarding changes made to the Conditions of Approval and Development Standards. e Commissioner Kirkmeyer, thanked the applicant for bringing the idea forward and looking for ways to find employees, continue agricultural production in the County and provide suitable employee housing. Mr. Monroe replied by stating without approval of this USR, their farm would have been shut down. Commissioner Moreno moved to approve the request of Hard Knocks Homestead, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR20-0001, for Multi -Family Dwellings for persons principally employed at or engaged in farming with the H -2A Program 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 James, and it carried unanimously. There being no further discussion, the hearing was completed at 10:14 a.m. This Certification was approved on the 15th day of June, 2020. BOARD OF COUNTY COMMISSIONERS ��,��,,// WELD COUNTY, COLORADO ATTEST: G/�Qt< e1D;(i -314-42-- Mike Freeman, Chair Weld County Clerk to the Board Deputy Clerk to the Board arbara Kirkmeyr Kevin D. 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