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Home My WebLink About20192428.tiffHEARING CERTIFICATION DOCKET NO. 2019-81 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR19-0023, FOR ONE (1) SINGLE-FAMILY DWELLING UNIT PER LOT, OTHER THAN THOSE PERMITTED UNDER SECTION 23-3-20.A OF THE WELD COUNTY CODE (A SECOND SINGLE-FAMILY RESIDENCE FOR AGRICULTURAL WORKERS) IN THE A (AGRICULTURAL) ZONE DISTRICT - GS FARMS, LLC A public hearing was conducted on July 3, 2019, at 10:00 a.m., with the following present: Commissioner Barbara Kirkmeyer, Chair Commissioner Mike Freeman, Pro -Tern Commissioner Sean P. Conway Commissioner Scott K. James Commissioner Steve Moreno Also present: Acting Clerk to the Board, Selena Baltierra Assistant County Attorney, Bob Choate Planning Services Department representative, Chris Gathman Public Works Department representative, Mike McRoberts Health Department representative, Ben Frissell The following business was transacted: e I hereby certify that pursuant to a notice dated May 14, 2019, and duly published May 17, 2019, in the Greeley Tribune, a public hearing was conducted to consider the request of GS Farms, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR19-0023, for one (1) Single -Family Dwelling Unit per lot, other than those permitted under Section 23-3-20.A of the Weld County Code (a second single-family residence for agricultural workers) in the A (Agricultural) Zone District. Bob Choate, Assistant County Attorney, made this a matter of record. e Chris Gathman, Department of Planning Services, presented a brief summary of the proposal and stated there will be a building for equipment and light maintenance of vehicles, along with cargo containers for storage. He provided the number of employees, the number of vehicle roundtrips, he indicated plumbers will not use the site as their primary place of operation, and provided the hours of operation. Mr. Gathman stated the applicant was proposing a second residence and explained the horse boarding and poultry breeding that will be onsite in accordance with the Use by Right allowances. He indicated equipment associated with the use will be stored in the cargo containers, and mentioned the adjacent County Roads (CR). He explained the site is a Recorded Exemption Lot, which was formerly part of a larger parcel, and he described the surrounding USRs and residential properties. He discussed concerns mentioned at the Planning Commission (PC) hearing, and reviewed referral responses, including a referral from the Colorado Parks and Wildlife (CPAW) and provided an overview of their requests. He stated the site is located within the three (3) mile referral areas of the Towns of Erie and Frederick, and the City of Dacono, and borders CR 5, which has been annexed by the Town of Frederick. He indicated the Town of Erie and the City of Dacono had no concerns; however, the Town of Frederick's referral Cc PL(CC,(YP), PwCnnm), EHCiSF) oct/(7/(9 2019-2428 PL2684 HEARING CERTIFICATION - GS FARMS, LLC (USR19-0023) PAGE 2 stated the site is within the Town's Land Use Map and he reviewed the town's requests. He explained the 20 feet of future right-of-way is identified on the Recorded Exemption map, and mentioned the site does not operate on the weekends. He reiterated the number of employees associated with the plumbing business (DS #4) and explained DS #5 (storage containers for agricultural uses only) was added by the PC to prevent the site from becoming a storage yard. He stated the Shattuck family lives on the site, and entered the favorable recommendation of the PC into the record as written. Mr. Gathman described the correspondence received, which expressed concerns regarding the amount of parking, and he stated the parking concerns had been addressed through the submitted site map. He presented images of the site and surroundings views, and in response to Commissioner James, Mr. Gathman indicated Weld County does not have a Coordinated Planning Agreement (CPA) with the Town of Frederick. In response to Chair Kirkmeyer, Mr. Gathman stated per the required allowances of a Use by Right, the applicant can have up to four (4) horses per acre, therefore, this property (5.25 acres) can have up to 21 horses. e Mike McRoberts, Department of Public Works (PW), provided a brief overview of the transportation plans and requirements, and stated access for the site will be on CR 5 (Bullrush Boulevard), which he reiterated is annexed by the Town of Frederick. He explained because the road is annexed, PW is not requiring tracking control or a traffic impact study. He indicated the Final Drainage Report had been submitted for review; however, after addressing all of PW's comments, the applicant will be required to submit a Final Report with a Certification of Compliance prior to recording the USR map. le Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer provisions, and reiterated there are four (4) employees associated with the plumbing business that use the site daily. He explained there will be an additional eight (8) employees who will use the office building and utilities. He stated a new septic system is proposed for the office, and the site will receive water from the Left Hand Water District. He indicated there will be no fuel storage, floor drains or washing of vehicles on the site; however, there will be small amounts of petroleum used for equipment and vehicle maintenance. Lastly, he stated DS #9-17 address Environmental Health (EH) items. le Kristi Shattuck, applicant, explained they purchased the property with the purpose of creating a small farm, and provided a brief summary of the proposal. She described the purpose of the second residence was for the agriculture workers and indicated on the displayed may where the residences and buildings are located. In response to Chair Kirkmeyer, Ms. Shattuck indicated the second home is approximately 3,700 square feet and the primary home is 7,000 square feet. le Jennifer Simmons, Planning Director for the Town of Frederick, explained the Town of Frederick's Code does not allow storage containers. She explained the Town is not opposed to the residences, or the agricultural uses, but is opposed to the plumbing business. She reiterated CR 5 is annexed to the Town of Frederick and reviewed the request to have the road impact fees paid to the Town of Frederick for maintenance and road improvements. Additionally, she requested the dedication of the right-of-way, and right-of-way permits. In response to Commissioner James, Ms. Simmons and Chair Kirkmeyer explained a previous Coordinated Planning Agreement (CPA) with the Town of Frederick, and in response to Commissioner 2019-2428 PL2684 HEARING CERTIFICATION - GS FARMS, LLC (USR19-0023) PAGE 3 Conway, Ms. Simmons mentioned her knowledge of the last meeting in which the Town of Frederick and Weld County discussed a CPA. In response to Commissioner Freeman, Ms. Simmons shared the Town of Frederick does have interest in eventually annexing the site, and in response to Commissioner James, she explained the water and septic services. In response to Commissioner Conway, Ms. Simmons reiterated there had not been recent outreach efforts made toward the applicant for annexation purposes. e Elizabeth Gracey, surrounding property owner (SPO), provided a PowerPoint presentation (Exhibit H), which included images of her home, and explained the proposed parcel is right in front of her property. She clarified their property is not an equestrian facility as it was referred to at the PC hearing. She further explained they have purchased, trained, and sold horses in the past, but now they focus more on their son who does high school rodeo. She argued the proposed plumbing business is not compatible with the residential agricultural neighborhood. le Jeremy Griebel, SPO, indicated his property is immediately adjacent to the proposed site and referenced a petition submitted at the PC hearing (PC Exhibit 57). He questioned the location of current site for maintenance and dispatch, and the reasoning for a new location. He reitereated the Town of Frederick had suggested a denial, which he believed was not taken into consideration at PC. He reflected on the Weld County Code and the Ordinances with regard to maintaining agricultural zoning, and requested denial of the case. In response to Commissioner Conway, Mr. Griebel indicated the applicants currently reside at their property in Longmont, and in response to Commissioner James, he clarified they (SPOs) are not opposed to the agricultural use, but are opposed to the commercial/industrial use. ▪ John Pritchard, SPO, spoke on behalf of himself and 19 other neighbors, and provided a PowerPoint Presentation (Exhibit G). He explained every neighbor, aware of the application, was in opposition, and displayed and described images of the neighborhood. He explained the neighborhood's concerns regarding compliance with the Comprehensive Plan, intent of the A (Agricultural) Zone District, and stated concerns with compatibility with the surrounding area, traffic, and compatibility with the County's growth plan. He further explained flaws within the application and requested denial. e Ken Kupfner, SPO, indicated his property borders the proposed site to the south, and explained he had no objection to the agricultural uses or a secondary residence on the property. He stated he has chickens, and he was willing to accept other agricultural uses in the area, including the odor of animals. He stated the commercial aspect does not meet the requirements of the Weld County Code, specifically Section 22-2-230.B.2-4, and he requested the denial of the application. El Guy Grigsby, SPO, stated he owns the property immediately to the north of the site, and argued the neighbors had not been spoken to by the applicant. He explained he contacted the applicant and requested a meeting to discuss mitigating the impact of the use on the community. He reviewed the topics of their meeting, and reiterated the owner of the public business will not be living on the site. a He described discussion regarding the need for the shipping containers and second residence, and stated the applicant agreed to modify the roadways, parking areas, eliminate the sign, minimize the lighting and increase the landscaping. He referenced and 2019-2428 PL2684 HEARING CERTIFICATION - GS FARMS, LLC (USR19-0023) PAGE 4 described the site plan, and cited the Weld County Code to argue the incompatibility of the use with the surrounding area, and suggested changes to the COAs and DSs regarding the storage of plumbing equipment. In response to Commissioner Conway, Mr. Grigsby clarified there will be a family member living onsite; however, the owner of the plumbing business will not live on the site. e Amy Fieling, SPO, described her and her husband's agricultural experience and asked the Board to protect the farmers. IR The Board agreed to allow Commissioner Conway to ask a clarifying question to Ms. Simmons regarding the agricultural operations in the Frederick Town limits. In response, Ms. Simmons explained the allowance of the residences, agricultural uses and limited allowance of animal units. e Ms. Shattuck explained the reasoning for having the plumbing business and the shipping containers on the site, stated the office and the maintenance building are planned for agricultural uses, and mentioned the proposed job duties of employees. She indicated she is willing to meet with the Town of Frederick to discuss their requests, and explained the correlation of the number of parking spaces for the number of employees. She stated all the buildings on the site are for agricultural use and are a Use by Right, acknowledged the aforementioned petition and clarified they are not moving the plumbing business onto the site, rather, they are moving four (4) employees onto the site and explained the misunderstanding by the SPOs of the proposed use. In response to Commissioner James, Ms. Shattuck clarified the clients using the site will be for the horse boarding, and in response to Commissioner Moreno regarding communication, Ms. Shattuck expressed she was overwhelmed with the requirements of the USR process, therefore, she did not communicate well with the SPOs. In response to Commissioner Conway, Ms. Shattuck confirmed she was encouraged by Planning staff to reach out to surrounding property owners. a Regarding the public's request for no vehicles to be parked outside, Steve Gentry, applicant, clarified the plumbing business will not be operating out of the proposed site. He explained the vehicles and the call center will be on the site; however, no vehicles will be parked there, and in response to Commissioner Conway, Mr. Gentry agreed he will accommodate the neighbors' request for no vehicles to be parked outside. Ei In response to Chair Kirkmeyer, Ms. Shattuck stated she and her husband do not yet, but will, own the agricultural business, which includes poultry breeding. In response to Chair Kirkmeyer, Ms. Shattuck indicated where a specific neighbor lived, described the portion of the building associated with agricultural uses, and stated she does not know what kind of agricultural equipment the maintenance building will be used for. In response to Commissioner Conway, Ms. Shattuck indicated although 800 chickens are allowed as a Use by Right, there will only be approximately 100 chickens onsite. IE In response to Commissioner James, Mr. Frissell explained there are no additional EH requirements due to the allowance of the Use by Right. Commissioner Freeman expressed he was struggling with the commercial use included in the business; however, had no objection to the agricultural uses or the second residence. 2019-2428 PL2684 HEARING CERTIFICATION - GS FARMS, LLC (USR19-0023) PAGE 5 Commissioner James agreed with Commissioner Freeman regarding the agricultural uses, and referenced the Weld County Code to support his statement that the business use is not compatible or consistent with the existing surrounding land uses. e Chair Kirkmeyer expressed frustration with finding compatibility and consistency with the intent of the A (Agricultural) Zone District. She explained her background in agriculture and stated the application is not consistent with Chapter 22, specifically Section 22-2-20.A.5 (A. Policy 1.5), Section 22-2-20.B.3 (A.Policy 2.3), Section 22-2-20.G.3 (A.Policy 7.3), and Section 22-2-20.1.2 (A.Policy 9.2). She referenced public input regarding the inclusions in the A (Agricultural) Zone District, and reiterated there will be changes and updates to the zone districts in the near future. She explained it is not consistent with the intent of the A (Agricultural) Zone District and is not compatible with the surrounding uses as shown. She agreed with Commissioner Freeman and stated the proposed site is not located in a commercial area, and mentioned the horse boarding and poultry breeding are Uses by Right. She stated she does not agree with the cargo containers, and she could not find compatibility with existing surrounding land uses or compatibility with future development. She reiterated the Town of Frederick's comments regarding the zoning and restated it is not compatible or consistent with Chapter 22. Commissioner Moreno agreed with the comments made by Chair Kirkmeyer and stated he was not in support. Commissioner Conway agreed with the comments made by his fellow commissioners, commended the farmers in attendance, and thanked the public for their input. e In response to Chair Kirkmeyer, Mr. Gathman indicated there were not USR specific requirements for a secondary home, nor a limitation to the size. Chair Kirkmeyer reiterated the agricultural uses are a Use by Right and asked the Board to consider the USR application for the second single-family dwelling only. e Mr. Choate cautioned the Board to ensure proper notice of the Use had taken place, and suggested narrowing the Use, rather than deleting requirements for the second dwelling unit. El Chair Kirkmeyer agreed they could not expand the use; however, they could remove portions of the request and provided an example. She stated, to her understanding, the Board was in support of a second single-family residence for agricultural workers, and the Board agreed. e Chair Kirkmeyer explained the horse boarding and poultry breeding are included as a Use by Right and the Board does not wish to encumber them within the USR. She reiterated the Board wished to move forward with seeking approval for the second single-family residence for agricultural workers, and the applicant agreed. Chair Kirkmeyer suggested deleting COA #1.A (CPAW Comments), COA #1.B (Lighting Plan), COA #1.C (Landscaping and Screening Plan), and COA #1.D (concerns of the Town of Frederick) and explained the Board does not typically require a dedication of right-of-way. ki Mr. McRoberts explained the potential for a drainage exception, depending on the imperviousness of the site, and stated they would need to see a new site plan to confirm. He indicated the applicant had submitted a Final Drainage Report, which had already been reviewed by the Department of Public Works. After additional discussion, Chair Kirkmeyer suggested adding "if applicable" to COA #1.E (Final Drainage Report). Chair Kirkmeyer recommended deleting COA #1.F.4 (trash collection areas), COA #1.F.5 (landscaping and screening), COA #1.F.6 (lighting), COA #1.F.8 (parking area), adding "if 2019-2428 PL2684 HEARING CERTIFICATION - GS FARMS, LLC (USR19-0023) PAGE 6 applicable" to COA #1.F.10 (drainage features), and additionally deleting COA #1.F.12 (parking and traffic), and COA #1.F.13 (Town of Frederick access permit). El Chair Kirkmeyer mentioned modifying DS #1 to reflect the change to the request, and deleting DS #3-5, which were all in relation to the plumbing business. She additionally requested to delete DS #6 (parking area), DS #8 - #17, DS #21, and DS #24, all of which associated with the plumbing business. Mr. Choate clarified the modification to DS #1 to state, "The Site Specific Development Plan and Use by Special Review Permit, USR19-0023, is for one (1) Single -Family Dwelling Unit per lot, other than those permitted under Section 23-3-20.A of the Weld County Code (a second single-family residence for agricultural workers) in the A (Agricultural) Zone District, subject to the Development Standards stated hereon," and also modified the request in the description of the Resolution to also be reflected throughout. le In response to Chair Kirkmeyer, Ms. Shattuck indicated she had reviewed, and agreed to abide by, the Conditions of Approval and Development Standards, as amended. e Ms. Simmons requested the requirement for the ROW permit still be included, and after further discussion, the Board agreed to include COA #1.D (comments from the Town of Frederick) in the resolution and Commissioner Conway requested adding "attempt to" in the Condition. CI Ms. Shattuck agreed to the aforementioned change regarding COA #1.D to address the comments from the Town of Frederick. lel Commissioner Freeman moved to approve the request of GS Farms, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR19-0023, for one (1) Single -Family Dwelling Unit per lot, other than those permitted under Section 23-3-20.A of the Weld County Code (a second single-family residence for agricultural workers) 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 Conway. Chair Kirkmeyer generally reviewed the findings specific to the second single family dwelling, including: consistency with the Weld County Comprehensive Plan, consistency with the intent of the A (Agricultural) Zone District, compatibility with existing surrounding land uses, compatibility with future development as indicated by the Town of Frederick and its identified Estate/Residential Growth Area, compliance with Chapter 23 and the lack of overlay districts, the site does not consist of Prime agricultural land, and the mitigation efforts will ensure the health, safety and welfare of area residents and the County. Commissioner Conway thanked the public for their patience, and encouraged the public and applicant to be neighborly. The motion carried unanimously and there being no further discussion, the hearing was completed at 5:14 p.m. 2019-2428 PL2684 HEARING CERTIFICATION - GS FARMS, LLC (USR19-0023) PAGE 7 This Certification was approved on the 8th day of July, 2019. 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