HomeMy WebLinkAbout20191198.tiffHEARING CERTIFICATION
DOCKET NO. 2019-40
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR18-0117, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS,
(CAFETERIA) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED
OR RECORDED SUBDIVISION PLAT OR PART OF A MAP OR PLAN FILED PRIOR TO
ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE
A (AGRICULTURAL) ZONE DISTRICT — LITTLE CALF RANCH, LLC
A public hearing was conducted on April 3, 2019, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro-Tem
Commissioner Sean P. Conway
Commissioner Scott K. James - EXCUSED
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Selena Baltierra
Assistant County Attorney, Bob Choate
Planning Services Department representative, Maxwell Nader
Public Works Engineer representative, Hayley Balzano
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated February 22, 2019, and duly published
February 27, 2019, in the Greeley Tribune, a public hearing was conducted to consider the
request of Little Calf Ranch, LLC, for a Site Specific Development Plan and Use by Special
Review Permit, USR18-0117, for a Use permitted as a Use by Right, Accessory Use, or Use by
Special Review in the Commercial or Industrial Zone Districts, (cafeteria) provided that the
property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior
to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District.
Bob Choate, Assistant County Attorney, made this a matter of record.
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 James excused.
el Maxwell Nader, Department of Planning Services, presented a brief summary of the proposal
and stated an existing 1,200 square -foot barn on the property will be converted to a cafeteria, will
include a and bathroom. He explained the existing residence on the property be converted to be
used as an office for administrative work for the surrounding dairy operations. He indicated the
office will have eight (8) full-time employees, provided the hours of operation, and stated the office
is expected to have 25 people in a day. He stated the cafeteria will have one (1) full-time employee
and two (2) part-time employees, provided the hours of operation, and indicated the cafeteria is
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expected to have 40 people in a day. He explained the property is currently being serviced by the
North Weld County Water District (NWCWD) and the current meter will be able to support the
commercial cafeteria and office space; however, a new septic was applied for to support the
kitchen and bathrooms for the cafeteria. He mentioned there had been no correspondence from
surrounding property owners (SPO) and stated 12 referrals were sent out with nine (9) responses
returned. He indicated the site is not located within the three (3) mile referral area of any
municipality, and described adjacent County roads, zones, and uses. Mr. Nader stated the
proposed site is Lot A of Recorded Exemption, RE -239, and indicated the existing site layout was
not proposed to change. He displayed images of the site and surrounding views, and entered the
favorable recommendation of the Planning Commission into the record as written.
Hayley Balzano, Public Works Engineer representative, provided a brief overview of the
transportation plans and requirements, and stated access to the site is on County Road (CR) 72.
She indicated there are three (3) existing accesses; however, he applicant had agreed with the
Department of Public Works (PW) to close and reclaim the middle access. She provided the daily
traffic counts and stated PW is requesting an Improvements and Road Maintenance Agreement
(RMA). She explained there will be approximately 40 daily roundtrips and the site meets a
drainage exception.
Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions, and reiterated the potable water is provided by the NWCWD. She stated there is an
existing septic system permitted for the house, which will need to be reviewed for commercial
use. She indicated the septic permit has been submitted for the cafeteria, which has not received
final approval. She mentioned the Conditions of Approval (COA) and Development
Standards (DS) associated with Environmental Health (EH) and stated the applicant had
submitted information for a retail food license that was incomplete and will need revision. Lastly,
she stated DS #11-23 address EH items.
Alejandro Acosta, applicant, presented a PowerPoint presentation, explained the On -site
Wastewater Treatment System (OWTS) was currently being evaluated, and mentioned the new
OWTS. He displayed and described an image of the site layout of the barn, and stated they are
working on the permit application for the building and retail food license.
12- No public testimony was offered concerning this matter.
IR In response to Chair Kirkmeyer, Mr. Acosta indicated he had reviewed the Conditions of
Approval and Development Standards, and had no concerns or revisions.
In response to Chair Kirkmeyer, Ms. Balzano clarified the reasoning for a RMA and, after
discussion, Chair Kirkmeyer suggested adding a DS to address outdoor screening. In response
to Chair Kirkmeyer, Ms. Balzano clarified the requirements for tracking control and in response to
Commissioner Moreno, Mr. Acosta clarified the full and part-time employees. Ms. Light clarified
the septic size and in response to Commissioner Moreno, Mr. Acosta stated there will be no
additional, outdoor lighting. Commissioners Conway and Moreno asked questions to be
addressed through the DS.
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Chair Kirkmeyer suggested deleting COA #1.B (RMA), and delete "and proposed screening"
from COA #1.C.5 (landscaping delineated on map). Commissioner Conway suggested deleting
COA #1.C.13 (entrance gate). Per the applicant, the Board agreed to change the number of
employees to ten (10) in DS #5, and Chair Kirkmeyer suggested combining DS #6 and #7 (number
of employees). Staff clarified the size of the septic system in relation to the number of employees,
and stated "and proposed screening" needed to be deleted from DS #9 (landscaping) for
consistency with the change in the conditions. Mr. Acosta agreed to the hours of operation as
stated and Chair Kirkmeyer recommended deleting DS #14 (fugitive dust). The Board agreed to
delete DS #21 (noise standard), DS #28 (historical flow patterns), and DS #29 (on -site drainage).
Mr. Choate provided language for a new DS #10 to address the screening of an outdoor patio
area.
In response to Chair Kirkmeyer, Mr. Acosta indicated he had reviewed, and agreed to abide
by, the Conditions of Approval and Development Standards, as amended.
IR No public testimony was offered concerning the changes to the Conditions of Approval and
Development Standards.
Commissioner Moreno moved to approve the request of Little Calf Ranch, LLC, for a Site
Specific Development Plan and Use by Special Review Permit, USR18-0117, for a Use permitted
as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial
Zone Districts, (cafeteria) provided that the property is not a lot in an approved or recorded
subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling
subdivisions 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 10:28 a.m.
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This Certification was approved on the 8th day of April, 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLD ADO
ATTEST: di,tifm) , e4;
Weld County Clerk to the Board t�
Date of signature: rJ"IL-t-tc
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arbara Kirkmeyer, hair
Mike Freeman, Pro -Tern
can P. Conway
teve Moreno
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