HomeMy WebLinkAbout20193715.tiffHEARING CERTIFICATION
DOCKET NO. 2019-101
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR19-0033, FOR A USE SIMILAR TO USES ALLOWED BY SPECIAL REVIEW AS
LONG AS THE USE COMPLIES WITH THE GENERAL INTENT OF THE
A (AGRICULTURAL) ZONE DISTRICT (EVENT CENTER) IN THE A (AGRICULTURAL)
ZONE DISTRICT - VAUGHN CITO
A public hearing was conducted on August 21, 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 - EXCUSED
Also present:
Acting Clerk to the Board, Selena Baltierra
Assistant County Attorney, Karin McDougal
Planning Services Department representative, Angela Snyder
Public Works Department representative, Evan Pinkham
Public Works Department representative, Hayley Balzano
Health Department representative, Lauren Light
The following business was transacted:
tA I hereby certify that pursuant to a notice dated July 8, 2019, and duly published July 12, 2019,
in the Greeley Tribune, a public hearing was conducted to consider the request of Vaughn Cito,
for a Site Specific Development Plan and Use by Special Review Permit, USR19-0033, for a Use
similar to Uses allowed by Special Review as long as the Use complies with the general intent of
the A (Agricultural) Zone District (event center) in the A (Agricultural) Zone District. Karin
McDougal, Assistant County Attorney, made this a matter of record.
IR Chair Kirkmeyer reviewed for the applicant and the public, the procedures to follow should
this case result in a tie vote due to four (4) Commissioners being present and
Commissioner Moreno excused.
le Angela Snyder, Department of Planning Services, presented a brief summary of the proposal,
clarified the applicable code at the time of the application, and indicated the site is approximately
three (3) acres located south of County Road (CR) 50. She stated the site is adjacent to the Town
of Johnstown's city limits, and mentioned the surrounding areas have been annexed into the Town
of Johnstown. She explained the Town of Johnstown's Comprehensive Plan denotes the area as
Low Density Residential, and described the use of the existing pole barn. She additionally
described the use of the outdoor area for events, a gravel parking lot with 40 spaces, and the
commercial warming kitchen; however, the applicant anticipates food for events will be catered
by outside vendors. She indicated a landscaping and screening proposal was submitted with the
application and was found acceptable by the Department of Planning Services, mentioned a split
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rail fence surrounds the site, and described the berming to aid in the visual mitigation. She
provided the hours of operation, number of vehicle roundtrips per day, and indicated the site will
limit guests to 100 people of fewer. Ms. Snyder described the surrounding, adjacent land uses,
presented images of the site and surrounding views, and entered the favorable recommendation
of the Planning Commission into the record as written.
E Evan Pinkham, Department of Public Works (PW), provided a brief overview of the
transportation plans and requirements, stated the access is on CR 50, which, in the area, is
maintained by Weld County. He explained the Town of Johnstown will be annexing CR 50 in the
near future, and provided the traffic counts, average speeds, and approximate roundtrips for
events. He indicated PW is requiring an Improvements and Road Maintenance Agreement, and
stated the applicant had submitted a preliminary drainage report, which explained the detention
pond is on a separate parcel within the town limits of Johnstown. Therefore, PW planned on
having the Town of Johnstown review the drainage report to ensure compliance with outfall. He
presented grading requirements, and in response to Commissioner James, Mr. Pinkham
indicated the Board could delete Condition of Approval (COA) #1.A (Improvements and Road
Maintenance Agreement) from the resolution, due to a recent Department of Local Affairs (DOLA)
grant awarded to the Town of Johnstown regarding CR 50.
Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions and stated the existing home is served by the Little Thompson Water District and a
septic system permitted for two (2) bedrooms. She indicated the septic system for the barn is
permitted for 20 people, therefore, it will have to be reviewed by an engineer for sizing, which is
covered in COA #1.A. She further explained the septic system permitting process and stated
caterers will have to comply with retail food regulations. Ms. Light indicated noise is restricted to
the Commercial Zone and stated Development Standards (DS) #16-26 address Environmental
Health items.
Vaughn Cito, applicant, stated they were in the process of building a barn for agricultural uses
and, at the suggestion of observers, decided to modify the plans to accommodate special events.
He indicated there is a detention pond on the land, explained they own the land surrounding a
majority of the subject parcel and used the displayed map to provide the site layout, including the
detention pond, culvert, and irrigation pond. He stated he is waiting on a returned plan from an
engineer, and in response to Chair Kirkmeyer, Mr. Cito indicated they had applied for the USR
permit approximately one (1) year ago. In response to Commissioner James, Mr. Cito stated the
Town of Johnstown has never approached him regarding annexation.
No public testimony was offered concerning this matter.
IE Chair Kirkmeyer requested clarification regarding the referral from the Front Range Fire
Rescue, and in response to Chair Kirkmeyer, Mr. Cito indicated he had no questions, concerns
or comments regarding the Conditions of Approval or Development Standards.
Chair Kirkmeyer confirmed the Board was agreeable to deleting COA #1.A (Improvements
and Road Maintenance Agreement). Regarding the letter from the Front Range Fire Rescue,
Ms. Snyder submitted the letter for the record and clarified the inclusions of the letter. Chair
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Kirkmeyer suggested deleting COA #1.C (Front Range Fire Rescue concerns), and in response
to Commissioner Freeman, Mr. Pinkham indicated he did not see an issue with the detention pond
on a separate parcel. Mr. Cito explained they were currently going through the process to adjust
property lines to include the detention pond within the subject property. There was additional
discussion regarding the location of the detention pond and Hayley Balzano, Department of Public
Works, explained the site does not meet an exception for drainage and stated PW is currently
unsure how to determine the drainage requirement due to the changing lot lines to encompass
the location of the detention pond and the limitations from the Division of Water Resources. In
response to Chair Kirkmeyer, Ms. Balzano explained why the site does not meet an exception
and confirmed there is a concrete floor. After further discussion regarding the detention pond, the
Board determined the primary use of the barn is agricultural, which meets the drainage exception,
therefore, COA #1.6 (Drainage Report) could be deleted. Chair Kirkmeyer stated the primary use
of the barn needed to be deemed as agricultural within the resolution (Done in COA #5.A).
The Board agreed to delete COA #1.D (Lighting Plan) and Chair Kirkmeyer requested
deleting COA #1.F.5 (landscaping and screening) and COA #1.F.6 (Lighting Plan). Mr. Pinkham
suggested deleting COA #1.F.10 (access locations) and COA #1.F.12 (entrance gate), and the
Board agreed. Chair Kirkmeyer suggested deleting COA #1.F.13 (drainage features), and in
response to Chair Kirkmeyer, Ms. Snyder clarified the Change of Use is done through the building
permit and after further discussion, Tom Parko, Director of the Department of Planning Services,
expressed concerns with deleting COA #5.A (Change of Use). Chair Kirkmeyer asked staff to
develop language to replace COA #5.A to address the use of the barn, and Commissioner
Conway requested deleting COA #4.A (Grading Permit).
The Board agreed to delete DS -#4 (hours of operation), DS #7 (landscaping and screening),
DS #12 (Improvements Agreement), DS #13 (Improvements Agreement review), DS #27 (Lighting
Plan), and DS #24 (noise level). Ms. Snyder provided the language for COA #5.A to address the
barn usage and Chair Kirkmeyer clarified the Board is not requiring a Change of Use for the
building. In response to Commissioner Conway, Mr. Cito indicated the barn structure is already
built and are complying with the fire district, electrical and plumbing requirements. After additional
clarification, the Board and staff agreed on the language for COA #5.A.
In response to Chair Kirkmeyer, Mr. Cito indicated he had reviewed, and agreed to abide by,
the Conditions of Approval and Development Standards, as amended.
No public testimony was offered concerning changes to the Conditions of Approval and
Development Standards.
Commissioner Freeman moved to approve the request of Vaughn Cito for a Site Specific
Development Plan and Use by Special Review Permit, USR19-0033, for a Use similar to Uses
allowed by Special Review as long as the Use complies with the general intent of the
A (Agricultural) Zone District (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 Conway,
and it carried unanimously. There being no further discussion, the hearing was completed at
11:40 a.m.
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This Certification was approved on the 26th day of August, 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ds,m0.) �', �C,GtD•�
Weld County Clerk to the Board
BY:
eputy Clerk to the Board
EXCUSED DATE OF APPROVAL
Barbara Kirkmeyer, hair
Mike Freeman, Pro -Tern
•
Conway
. James
EXCUSED
Steve Moreno
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