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Home My WebLink About20181736.tiffHEARING CERTIFICATION DOCKET NO. 2018-50 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR18-0015, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (EVENT VENUE FOR WEDDINGS, GRADUATIONS, PARTIES, CONFERENCES AND SIMILAR GATHERINGS) 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 - SEAN AND ANNETTE JAEHN A public hearing was conducted on June 13, 2018, at 10:00 a.m., with the following present: Commissioner Steve Moreno, Chair Commissioner Barbara Kirkmeyer, Pro-Tem - EXCUSED Commissioner Sean P. Conway - EXCUSED Commissioner Julie A. Cozad Commissioner Mike Freeman Also present: Clerk to the Board, Esther Gesick Deputy Clerk to the Board, Chloe Rempel Assistant County Attorney, Bob Choate Planning Services Department representative, Diana Aungst Public Works Engineer representative, Hayley Balzano Health Department representative, Lauren Light The following business was transacted: El I hereby certify that pursuant to a notice dated April 24, 2018, and duly published April 27, 2018, in the Greeley Tribune, a public hearing was conducted to consider the request of Sean and Annette Jaehn, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0015, for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (event venue for weddings, graduations, parties, conferences and similar gatherings) 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 Moreno advised the applicants and the public that Commissioners Kirkmeyer and Conway are excused, and approval will require a unanimous vote from the present Commissioners. The applicants agreed to proceed. Diana Aungst, Department of Planning Services, presented a brief summary of the proposal and displayed a vicinity map displaying the relevant County roads (CR). She stated thirteen (13) referrals were sent out with seven (7) responses received with comments that have been e e � PL. CIA Ps), SCANS) EAR Li.) czB C-csl �R Ir�1!IS< 2018-1736 PL2553 HEARING CERTIFICATION - SEAN AND ANNETTE JAEHN (USR18-0015) PAGE 2 considered in the staff recommendation. She reviewed the hours of operation, number of employees, existing landscaping and fencing, parking, and proposed use of portable toilets and bottled water. She reviewed the surrounding land uses and stated there are 16 USRs within one mile and four (4) within 500 feet of the proposed site. Ms. Aungst mentioned the City of Greeley referral response indicating design criteria as addressed by the applicant via an email response. Ms. Aungst displayed photographs of the site and surrounding area and entered the favorable recommendation of the Planning Commission into the record as written. =s Hayley Balzano, Department of Public Works representative, provided a brief overview of the transportation plans and requirements stating the current access is from CR 66 and due to spacing requirements, the second access will need to be closed and reclaimed. She reviewed the traffic study and stated there are an expected 65 passenger vehicle round trips per day with approximately 60 arriving one (1) hour before an event and generally on weekends with traffic traveling from the east on CR 43. She stated the Department of Public Works is requesting turn lanes be included in the Improvements Agreement; however, the applicants are requesting a waiver as turn lanes are not warranted by the traffic study at this time. Ms. Balzano agreed the left turn lane requirement could be eliminated but requested the right turn lane requirement remain due to safety concerns related to there being no shoulders and the peak nature of the traffic. She stated the applicants are also requesting a waiver regarding the required tracking control and Public Works agrees that can be waived as the Development Standards cover areas of concern. Regarding the drainage requirements, Ms. Balzano stated the site meets drainage exception #1.A.8 and she corrected a typographic error on Development Standard (DS) #14. Lauren Light, Department of Public Health and Environment, reviewed the water and sewer provisions. She stated the application indicates that bottled water and portable toilets will be utilized, which is acceptable as the use of the facility will occur from May to October as a temporary seasonal use. She reported the existing house is served by the North Weld County Water District and a septic system permitted for 4 bedrooms (G19949019). She stated noise will be restricted to the commercial level and will be controlled by limiting the use of amplifiers and all music will end by 10:00 p.m. Ms. Light clarified the animals on -site will be used to educate visitors about animal care and use, and all food vendors and food preparations must adhere to the Colorado Retail Food Establishment Rules and Regulations. Ms. Light stated DS #17-25 address Environmental Health items. Sean and Annette Jaehn, applicants, stated they purchased the property in 2012, as a family home for country living and started restoring it and recognized its potential as an event venue with a centennial home and barn. She stated they began to plan for weddings, farm dinners, and fundraising events and applied with the County; however, their primary concern is with the turn lane requirement because it is not economically feasible. In response to Commissioner Cozad, Mr. Jaehn confirmed they paid for the traffic study and it does not warrant turn lanes. He explained they have discussed parking passes and car-pooling as they do not want too many vehicles on -site because it is their home and they need to be able to manage. No public testimony was offered concerning this matter. 2018-1736 PL2553 HEARING CERTIFICATION - SEAN AND ANNETTE JAEHN (USR18-0015) PAGE 3 e The applicant requested the Planner display their presentation to portray the original, historical aspects of the house and barn, the restorations that were done, and the proposed use. Commissioner Cozad pointed out because of the temporary seasonal use, traffic can be addressed in other ways, for instance, using traffic control for a big event. She suggested the removal of COA #1.A and the associated COA #6.A and Commissioner Freeman suggested deleting COA #5.A. Ms. Balzano suggested removing DS #12 and #13, which correlate with the recommended deletions. Commissioner Cozad explained the reason for limiting access points to one unless the Use requires an additional access and asserted the second access will need to be closed. In reference to COA #5.A, the Board agreed to amend it to read, "The approved access and tracking control shall be constructed prior to on -site construction. This site requires a tracking control device or 100 feet of recycled asphalt or road base."Commissioner Cozad clarified if the applicant wants to have an event outside the normal hours of operation, they may apply for a Temporary Assembly Permit Application. Mr. Choate confirmed this. Ei Commissioner Cozad amended DS #4 to remove the word "owners". In response to Chair Moreno, Commissioner Cozad stated DS #5 does not need to be amended. Commissioner Cozad suggested deleting DS #12, #13, and #14. The Board agreed with all the aforementioned amendments. In response to Chair Moreno, Sean and Annette Jaehn indicated they have reviewed, and agree to abide by, the Conditions of Approval and Development Standards, as amended. Commissioner Cozad amended the Findings #5) Section 22-2-20.H.3 (A.Policy 8.3) by deleting "...and will require left and right deceleration/turn lanes immediately and will require left acceleration and a left deceleration/turn in the future."She added a sentence, to read: "The Traffic Study submitted shows that no improvements are warranted, the access is safe, and if there is an event where the applicant needs to hire traffic control, they have agreed to do so."She moved to approve, the request of Sean and Annette Jaehn for a Site Specific Development Plan and Use by Special Review Permit, USR18-0015, for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (event venue for weddings, graduations, parties, conferences and similar gatherings) 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 and entered into the record. The motion was seconded by Commissioner Freeman. Commissioner Cozad stated that even though the road is designated as a "collector", there is not high traffic, and events are generally on weekends after 5:00 p.m., and she thanked the applicants for sharing such a historic property with the public. Chair Moreno commented that the applicants have done a terrific job of restoring the property, and Commissioner Freeman agreed. There being no further discussion, the motion carried unanimously, and the hearing was completed at 10:37 a.m. 2018-1736 PL2553 HEARING CERTIFICATION - SEAN AND ANNETTE JAEHN (USR18-0015) PAGE 4 This Certification was approved on the 18th day of June, 2018. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: deavo ad#40;‘,k, Weld County Clerk to the Board BY: Deputy Clerk to the Boa ED AS T ounty Attorney Date of signature: 67-374) Steve Moreno, Chair EXCUSED Barbara Kirkmeyer, Pro-Tem EXCUSED Sean P. 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