The URL can be used to link to this page

Browse Search

Home My WebLink About20183266.tiffHEARING CERTIFICATION DOCKET NO. 2018-110 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR18-0028, FOR A RECREATION FACILITY (35 SEASONAL COMMERCIAL CAMPING SITES), MORE THAN THE NUMBER OF CARGO CONTAINERS ALLOWED AS A USE BY RIGHT PER LEGAL LOT OR PARCEL (5 CARGO CONTAINERS) AND USES SIMILAR TO THE USES LISTED ABOVE (AGRITOURISM EVENT CENTER INCLUDING AN AMPHITHEATER AND COVERED STAGE AND AN AQUAPONICS AND HYDROPONICS GREENHOUSE, CLASSROOM FACILITY AND CARETAKER APARTMENT) AS USES BY SPECIAL REVIEW AS LONG AS THE USE COMPLIES WITH THE GENERAL INTENT OF THE A (AGRICULTURAL) ZONE DISTRICT, IN THE A (AGRICULTURAL) ZONE DISTRICT — TIMOTHY DITTMER AND BLUE PILL, LLC A public hearing was conducted on October 17, 2018, at 10:00 a.m., with the following present: Commissioner Steve Moreno, Chair Commissioner Barbara Kirkmeyer, Pro-Tem Commissioner Sean P. Conway Commissioner Julie A. Cozad - EXCUSED Commissioner Mike Freeman Also present: Acting Clerk to the Board, Selena Baltierra Assistant County Attorney, Frank Haug Planning Services Department representative, Michael Hall Public Works Engineer representative, Evan Pinkham Health Department representative, Lauren Light The following business was transacted: I hereby certify that pursuant to a notice dated September 14, 2018, and duly published September 19, 2018, in the Greeley Tribune, a public hearing was conducted to consider the request of Timothy Dittmer and Blue Pill, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0028, for a Recreation Facility (35 seasonal commercial camping sites), more than the number of cargo containers allowed as a Use by Right per legal lot or parcel (5 cargo containers) and Uses similar to the Uses listed above (agritourism event center including an amphitheater and covered stage and an aquaponics and hydroponics greenhouse and classroom facility) as Uses by Special Review as long as the Use complies with the general intent of the A (Agricultural) Zone District, in the A (Agricultural) Zone District. Frank Haug, Assistant County Attorney, made this a matter of record. Michael Hall, Department of Planning Services, presented a brief summary of the proposal and indicated, if approved, the site will host various recreational and educational activities on a fee basis. He reviewed the proposed landscaping and indicated the facility will include an outdoor amphitheater with approximately two (2) to five (5) events per week from April to September. He reviewed the proposed hours of operation and parking and stated no food or beverage sales are proposed; however, outside vendors may be hired to serve food and alcohol. He mentioned a LC.% PL CMH(TP). RAJ(£P), ItiDctil8' 2018-3266 PL2596 HEARING CERTIFICATION - TIMOTHY DITTMER AND BLUE PILL, LLC (USR18-0028) PAGE 2 liquor license will be required and indicated if an event will exceed 350 patrons, a Temporary Assembly Permit will be required. He requested guidance from the Board regarding the yearly frequency of Temporary Assembly Permits, currently written in Development Standard (DS) #14 as ten (10) instances per year. Mr. Hall reviewed the staffing, proposed camping on the site and the educational building which will include a greenhouse, classroom and caretaker apartment. He indicated the building will utilize a new septic system and a new commercial well, the facility will have five (5) storage containers, and the site will be powered by a propane generator and solar panels. Mr. Hall described the lighting and trash dumpster near the amphitheater, indicated the site is not currently used for agriculture purposes, and the proposed use will not further remove any active farmland from production. He stated the site is within the three (3) mile referral areas of Adams County, the City of Brighton, City of Fort Lupton and the Town of Lochbuie. He further stated the site is within the Coordinated Planning Agreement boundary of the City of Fort Lupton, which had no concerns regarding the application. Mr. Hall indicated the site is within the Urban Growth Boundary of the City of Brighton, which also had concerns and requested the site be annexed into the municipal limits. He reviewed the proposed landscaping, and indicated there are nine (9) property owners immediately adjacent to the site. Mr. Hall mentioned the applicant owns one (1) other adjacent parcel which contains a residence. He stated Planning Staff sent notice to eight (8) surrounding property owners within 500 feet of the proposed USR boundary and one (1) letter was received in opposition. He indicated the applicant has submitted an updated map with modifications to address the concerns of the surrounding property owner (SPO) and the City of Brighton. Mr. Hall stated 14 referrals were sent out, and seven (7) referral agencies responded with concerns which have been addressed in the Conditions of Approval and Development Standards. He displayed and described images of the site and surrounding views, and entered the favorable recommendation of the Planning Commission into the record as written. In response to Chair Moreno, Mr. Hall indicated the applicant and Planning Commission requested the removal of DS #16. Evan Pinkham, Public Works Engineer representative, provided a brief overview of the transportation plans and requirements, stating the site accesses on County Road (CR) 4. He indicated after reviewing the latest site plan, Public Works proposed one (1) of the accesses to be eliminated for the commercial use of the site. Mr. Pinkham explained the split jurisdiction of CR 4, and in response to Commissioner Kirkmeyer, he confirmed the location of the accesses is maintained by Weld County. He provided the latest traffic counts to include truck percentages, reviewed the number of trips to the site and discussed peak hours. He explained the trigger for a turn lane and indicated staff recommends a left deceleration lane be installed for the site. Mr. Pinkham stated tracking control and an improvements agreement is required, mentioned the applicant has submitted a preliminary drainage report, and retention is proposed for the site due to topography. He stated the applicant has submitted a variance request, a retention pond is required and a Weld County Grading Permit will be required if they are grading more than an acre. Mr. Pinkham presented the drainage and grading requirements, and stated there were errors on the Conditions of Approval he would need to address. Lauren Light, Department of Public Health and Environment, reviewed the water and sewer provisions, and stated the existing residence has an unpermitted septic system and a domestic well. She indicated there is a Condition of Approval that requires inspection of the septic system and for a repermit of the well to a commercial use. Ms. Light stated portable toilets and bottled water will be used for seasonal events and indicated the proposed camping meets Environmental 2018-3266 PL2596 HEARING CERTIFICATION - TIMOTHY DITTMER AND BLUE PILL, LLC (USR18-0028) PAGE 3 Health (EH) policy. She stated the greenhouse/classroom building will be serviced by the commercial well. She mentioned noise is limited to the Commercial Zone, and noise will be mitigated with berming and landscaping. Ms. Light stated all catering and food preparation must comply with retail food regulations. She indicated Development Standards (DS) #24-34 address EH items. CI Kelsey Bruxvoort, AGPROfessionals, represented the applicant, described surrounding uses and mentioned there are two (2) existing homes on the site. She indicated there is an oil and gas operation on the southeast corner of the parcel and augmentation ponds on the southern boundary. Ms. Bruxvoort stated the map has been redesigned in response to the City of Brighton and an opposing surrounding property owner's concerns. She described the changes to the proposed site compared to the original site plan. She indicated the applicant plans to use the existing oil and gas access and the northeast access will remain for private rural residential uses. Ms. Bruxvoort explained the proposed uses for the amphitheater, greenhouse, and classroom as agritainment and agritourism uses. She reviewed the hours of operation and mentioned there will be four (4) full-time employees with hired support staff as needed. She stated water bottles and portable toilets will be utilized for the amphitheater and camping uses and the classroom building will be served by the new well and septic system. Ms. Bruxvoort mentioned the applicant wants to create an experience unique to Weld County, emphasizing the rural character of the site. She indicated the site is not currently farmed; however, there are future plans for parts of the parcel to be farmed with irrigated crops. She explained how the application meets the Code criteria, reviewed the submitted facility Emergency Response Plan and indicated it will be updated annually. She described the security precautions, written Nuisance Management Plan, and the Landscaping and Screening Plan. Ms. Bruxvoort provided and described images of the site and surrounding properties. She further explained the access and indicated at Planning Commission, the Department of Public Works agreed to allow the current residential access. In response to Commissioner Kirkmeyer, Ms. Bruxvoort reiterated the location of the cargo containers will be behind the stage of the amphitheater, indicated there is a well drill pad on the site, and she does not know when the operations will be completed. Ms. Bruxvoort also indicated the Dittmer residences are the closest and displayed on the map where the other adjacent homes are located. Cri Gene Roberts, Vestas, stated he was not in opposition, and asked clarifying questions regarding the proposed site. In response to Chair Moreno, Ms. Bruxvoort addressed the applicants' concerns regarding the Conditions of Approval and Development Standards. She further mentioned Condition of Approval (COA) #1.F regarding the Improvements or Road Maintenance Agreement, and Mr. Pinkham agreed to delete this condition with the support of the Board. After further discussion regarding a traffic study and deceleration lane, the Board and staff agreed to delete COA #1.F.1.A and all of COA #1.F.2. CI Ms. Bruxvoort requested the applicant be able to do an additional traffic study after one (1) year, and after the potential closure of CR 4 by the City of Brighton. After further discussion, Commissioner Kirkmeyer requested language in the Conditions of Approval to require a new 2018-3266 PL2596 HEARING CERTIFICATION - TIMOTHY DITTMER AND BLUE PILL, LLC (USR18-0028) PAGE 4 traffic study be completed in approximately one (1) year of opening the facility. Mr. Haug provided additional language to COA #1.F, and after further discussion with staff, the Board and staff agreed. el Ms. Bruxvoort requested deleting COA #5.A, stating it is similar to the conditions deleted previously. Regarding Development Standard (DS) #4.C, Commissioner Kirkmeyer suggested removing the forward slash and adding "in the" regarding the hours of operation for the classroom. Ms. Bruxvoort requested to delete DS #11 regarding the number of ambulances on the site. Mr. Hall clarified there is no standard for the Use by Special Review requirements regarding ambulances, and mentioned staff added this condition to collaborate with the Temporary Assembly Permit requirements. After further discussion, the Board agreed to remove DS #11, and in response to Chair Moreno regarding DS #16, Ms. Bruxvoort provided support to her request to Planning Commission (PC) to delete the standard. The Board agreed. 12- Commissioner Kirkmeyer suggested deleting the last sentence of COA #1.A and the Board agreed. In response to Commissioner Kirkmeyer, Commissioner Freeman recommended deleting the COA #1.C regarding the noise standard. Commissioner Kirkmeyer suggested deleting COA #1.E regarding the concerns of the City of Brighton. In response to Commissioner Kirkmeyer regarding the Access Management Plan for U.S. Highway 85 and CR 4, Mr. Hall suggested adding an additional DS to fulfill her request and she agreed. Commissioner Kirkmeyer also requested a second new DS to address the possibility of closures to the Union Pacific Railroad Crossing at CR 4 and U.S. Highway 85, and the two (2) new standards were added as a new DS #25 and 26. Commissioner Kirkmeyer suggested deleting "eastern" from COA #1.J.10 regarding the detailed map of the site. She further asked for clarification on the caretaker apartment and requested it be added in the request throughout the application. She recommended retaining DS #24 regarding annual review which was deleted at Planning Commission. Commissioner Kirkmeyer suggested deleting DS #31 regarding the noise standard. After further discussion regarding noise complaints, the Board agreed to all the proposed changes. Mr. Pinkham provided clarification regarding the access permit and existing accesses. In response to Commissioner Kirkmeyer regarding a residence on the site, Ms. Bruxvoort clarified the access locations and their purposes. Mr. Pinkham suggested adding language to COA #1.J.16 regarding the existing residential and commerdal access locations. In response to Commissioner Kirkmeyer regarding an emergency access in the municipality of the City of Brighton, the Board agreed to remove COA #1.J.17. In response to Chair Moreno, Ms. Bruxvoort indicated the applicants have reviewed, and agree to abide by, the Conditions of Approval and Development Standards, as amended. El Commissioner Kirkmeyer moved to approve the request of Timothy Dittmer and Blue Pill, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0028, for a Recreation Facility (35 seasonal commercial camping sites), more than the number of cargo containers allowed as a Use by Right per legal lot or parcel (5 cargo containers) and Uses similar to the Uses listed above (agritourism event center including an amphitheater and covered stage 2018-3266 PL2596 HEARING CERTIFICATION - TIMOTHY DITTMER AND BLUE PILL, LLC (USR18-0028) PAGE 5 and an aquaponics and hydroponics greenhouse, classroom facility, and caretaker apartment) as Uses by Special Review as long as the Use complies with the general intent of the A (Agricultural) Zone District, 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 entered into the record. The motion was seconded by Commissioner Conway, and it carried unanimously. There being no further discussion, the hearing was completed at 11:38 a.m. This Certification was approved on the 22nd day of October, 2018. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dia„,t, Weld County Clerk to the Board BY: Deputy CI rk to the Board APPROVED AS TO F County Attorney Date of signature: N27/IS et Barbara Kirkmeyer,Rro-Tem Sean P. Conway XCUSED ulie A. Cozad J Mike Freeman 2018-3266 PL2596 ATTENDANCE LIST NAME - PLEASE PRINT LEGIBLY ADDRESS (CITY, STATE ZIP) EMAIL COUNTY OF RESIDENCE SPEAKING (YIN)? Aif--° l‘yein-, '---- -?__3(F-5- (.e., (5-c) ,,t.c/ci /v.,7, -a✓ /1/e:,e1,,, vJc.✓ k-.. C- G ki h i,,y,-, l,;b hiGi /.-ui-i, ii/e, • ,, qary c l e., 'X3/ awl') 'I) '4111( ✓?9 C l(//1-/ci ,A-1-0 'l I <C1.v-�,-i- # Ole 74, �f)716. Z e h4 0,7 t� l0 derz, CCU, -;1 rACc� `i3 ckc-1(v1- V I�vt(1,0 0Co�5V�.i I �(�mu,ccvv.�Gvivoe\i' inAT7r,v5f/-1k ,4q3/ Cloudhu 5i e x,.,40 ,d- bubbasct. c(1,00,Ga lu.,', vi -,.e, C-1,--4) a,_ 1-7 L•- , i 6rIe3r` pI ckla,,,tui/}, 6 l,4°�t,e'7ter C).4 , f ri 7 a/ten-\$00y � - HL11s�o co� w A\��, ,1vXQ (�(Zfn .COT iiz i sv wr Y �KQ\N\ /,? Cey S r /$,, Co ' 4-/-4s:/co n C�P71 /12 �� h ,,"1-71,-&e.7- J t -e re �!! / ) 1 , -7 % ‘5"' 9 .5Tr&lv., 9/ �' id' - 5"�" as" -� 7`elt e e-, FL', 44, 1>v,_ L ,y1 2.-r P ,1-i �r %(,� _' /� / _7,22 //11 1 1/ `mil 414 0 li Uap Ce7+1 Lear -,ham At (� z(06 (67-1279-1C () ' 1/1 IA6 vc 'r,41A1(c O u e-/-- /V VILA,, K ((1 KOAA-.A6,-( I) t-kilittelf2100 Wilk 5-1 09/j PPt v- r CO 13/CA 0 f'f) LL B. Dom vczr A/ cCOII UPcw5-r' kt�(' '^ 1 \i\iP t-t\Ju s'i vu 1 1)r 'f co 6ETO S 4\i 'r(3‘0-(( ‘A) 05:co. c4 ' VAibi V . ;\n� is i c-- Z YY OT 1` S1— 5or--,(v 2 =—s\,,__QA.8Lk-i,1 * C- \2• 61,77 mezza., r,ss- -----Ai' .._s--4.. 2 o okr_5(v/Ez07-t-e..!!<ciS-) p,. Lz, a, 1 ; ,L,I.,,„.,-, ,ec.„_ 1,L)..eet "c_.) r4. ,,,( pu,,,-, Oct$rde,.,V, Lk] S'05-25-0 L4 ` U� (�Cr() , CO t U e t lU ��`� 12,,I0A-3��(�5S I II �J L. C{ 6�K� fi�1r��iSF�oU� ��% �It� �° 1�4, (-6-v--.�! tea- Viin See -c, 0 Zi,go C.k-Z)-I-Mi;nct5oto YcK-Fh 2c cnicur,corl We,l \( t hh c )_cl:r\born -7I,xd C2�IiviJ nd,sOr ?D55-0 Wei, el, N. 1 lA V �/ IA (,?G ..c- `607\0 SL\ ,,-.Cl c,) c1, Li Ortei-, v) of i of l t i? 0 \ ,pd jov) , 0 — . -6.Av - ATTENDANCE LIST - NAME - PLEASE PRINT LEGIBLY ADDRESS (CITY, STATE ZIP) EMAIL COUNTY OF RESIDENCE SPEAKING (YIN)? SterK 75/! T,7d /7Y r\c 5e LDIAn S7 e,rkahyAt o weld r Hello