HomeMy WebLinkAbout20180532.tiffHEARING CERTIFICATION
DOCKET NO. 2018-15
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR17-0055, FOR AGRICULTURAL SERVICE ESTABLISHMENTS PRIMARILY
ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY OR
HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS, INCLUDING ANIMAL
BOARDING AND ANIMAL TRAINING FACILITIES, LIVESTOCK SALE BARNS AND
FACILITIES, RODEO ARENA, ROPING ARENA TO INCLUDE BOTH INDOOR AND
OUTDOOR ARENAS AND ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY
USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (AN EVENTS CENTER AND A 150 -SPACE RV PARK WITH AN OFFICE)
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 - CHERRY KNOLLS, A GENERAL PARTNERSHIP, C/O BOB
FRACHETTI AND DAN LACOE
A public hearing was conducted on February 28, 2018, at 10:00 a.m., with the following present:
Commissioner Steve Moreno, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem
Commissioner Sean P. Conway - EXCUSED
Commissioner Julie A. Cozad
Commissioner Mike Freeman
Also present:
Acting Clerk to the Board, Tisa Juanicorena
Assistant County Attorney, Bob Choate
Planning Services Department representative, Diana Aungst
Public Works Department representative, Evan Pinkham
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 January 18, 2018, and duly published
January 24, 2018, in the Greeley Tribune, a public hearing was conducted to consider the request
of Cherry Knolls Estates, General Partnership, LLP, c/o Bob Frachetti and Dan LaCoe, for a Site
Specific Development Plan and Use by Special Review Permit, USR17-0055, for Agricultural
Service Establishments primarily engaged in performing agricultural, animal husbandry or
horticultural services on a fee or contract basis, including animal boarding and animal training
facilities, livestock sale barns and facilities, rodeo arena, roping arena to include both indoor and
outdoor arenas and any Use permitted as a Use by Right, Accessory Use, or Use by Special
Review in the Commercial or Industrial Zone Districts (an events center and a 150 -space RV park
with an office) 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.
CG' pLCoc./Mm), PWCEP/ HB), £HCLL), CrbCTJ)
05/03/!$
2018-0532
PL2525
HEARING CERTIFICATION - CHERRY KNOLLS, A GENERAL PARTNERSHIP, C/O BOB
FRACHETTI AND DAN LACOE (USR17-0055)
PAGE 2
es Chair Moreno reviewed, for the applicant and public, the procedures to follow should this
case result in a tie vote due to four Commissioners being present and Commissioner Conway
excused.
el Diana Aungst, Department of Planning Services, presented a brief summary of the proposal
and provided the site location in relation to relevant County roads. She stated staff sent out 15
referrals and nine (9) responses were received either with no concerns or with comments that
have been addressed in the staff recommendation. She reviewed the hours of operation, number
of employees, and the applicant's request for a sign code waiver. Ms. Aungst described the
adjacent lands, closest residence, and other USRs within one (1) mile of the site, reviewed
correspondence, and stated the site is located in the three (3) mile referral area of the Town of
Lochbuie. She reviewed the correspondence between the Town of Lochbuie and the applicant.
Ms. Aungst displayed images of site and surrounding areas and entered the favorable
recommendation of the Planning Commission into the record as written.
Evan Pinkham, Department of Public Works representative, provided a brief overview of the
transportation plans and requirements, stating access is from County Road (CR) 2, which is a
paved collector road. He provided the average daily traffic counts and truck percentage and stated
the initial traffic study indicated 636 RV -related daily trips to the site, and 90 agriculture -related
daily trips. He reviewed the peak hour count of 22 vehicles and stated this would trigger the need
for a left deceleration turn lane on CR 2. Mr. Pinkham explained the applicant requested to phase
in the turn lane requirement to allow time to create revenue to be used to pay for this improvement.
He requested the applicant provide a traffic memo to outline these reasons and the timeline for
phasing in the development that references fewer RV sites and fewer trips associated. He
reported the reductions, based on said memo, of 296 trips per day and peak hour trips as nine
(9). Mr. Pinkham clarified the Department of Public Works is requesting the triggered improvement
be linked to the Certificate of Occupancy for the livestock facility and the completion of the
additional RV park sites and they are also requesting requirements for an Improvements
Agreement and tracking control.
Hayley Balzano, Public Works Engineer representative, presented the drainage and grading
requirements, stating the applicant has submitted a preliminary drainage report proposing
detention of the 100 -year storm and releasing at the 10 -year storm release rate into a neighboring
irrigation ditch, managed by the Henrylyn Irrigation Company. The applicant has indicated that
they have submitted the Preliminary Drainage design to the irrigation company for review.
Ms. Balzano reviewed the Conditions of Approval and Development Standards related to
Engineering. In response to Commissioner Cozad, she confirmed the final drainage report must
have an agreement with the ditch company.
IR Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions, stating an individual well (permit 68969-F) which is permitted for "irrigation,
commercial and domestic uses" is located on the adjacent property owned by the co -applicant.
She reported the application indicates the adjacent well will be utilized for this USR and is
approved for use per the provided Court Decree (Case No. 2004CW16) item 16 and that a new
engineered on -site wastewater treatment system will be installed which will require State review
2018-0532
PL2525
HEARING CERTIFICATION - CHERRY KNOLLS, A GENERAL PARTNERSHIP, C/O BOB
FRACHETTI AND DAN LACOE (USR17-0055)
PAGE 3
if 2,000 GPD is exceeded and that portable toilets can be used for special events in accordance
with Environmental Health Policy. Ms. Light stated the RV park will have water and sewer
connections at each site, a shower and laundry facility, and a community center will be built in the
future. She mentioned the Consumer Protection Division of Weld County Environmental Health
Services shall be contacted for plan review and licensing requirements for any proposed food
establishment at the facility and any vendors serving food at the facility shall comply with Colorado
Retail Food Establishment Rules and Regulations. She stated the noise is limited to the
Commercial standard and that Development Standards (DS) #17-30 address Environmental
Health items.
Dan LaCoe and Bob Frachetti, co -applicants, introduced themselves and submitted
presentation materials to the County Attorney and the Board.
la Mr. Frachetti provided an overview of the use to include an agricultural complex to support
Achieve More, which is a 501c(3) non-profit, and will include a livestock barn, rodeo arena,
community center, playground, park, hiking and horse trail, garden, RV park, and effort to
consolidate the infrastructure on one side to maintain 130 acres of farmland.
el Mr. LaCoe stated Achieve More is a non-profit that he and his wife created to get kids
involved with agriculture and to teach kids where food comes from. He conveyed it will give
children who do not live in country settings an opportunity to participate and learn the responsibility
for caring for a farm animal.
el Mr. Frachetti pointed out the details of the site plan to include: the revised access point
further to the east, the heritage hiking and horse trail, the stormwater detention pond for drainage,
parking, remaining farmland, no big fences other than fencing along the canal for safety, and
setbacks. He stated they conscientiously moved infrastructure away from neighbors as much as
possible and he described the plans for wastewater reclamation and reuse. Mr. Frachetti
described the use as family oriented and targeting agriculture minded recreation travelers along
with agricultural use with farm animals and the amenities on -site. He explained they have received
a lot of support and have a vested interest and are willing to work with staff and the neighbors to
accomplish a well -run agricultural facility acceptable to all.
ID Mark and Jamie Longhurst, surrounding property owners (SPO), introduced themselves and
Mr. Longhurst began by stating at the beginning Cherry Knolls introduced the construction of the
RV park to generate income before adding the agricultural element of the project. He requested
language limiting RV travelers to 14-21 days and requested clarification regarding who is
responsible to ensure the rules are followed. He expressed concern over ownership and leasing
arrangements and the results of the use should Achieve More not succeed. Mr. Longhurst stated
traffic at Interstate 76 and CR 2 is already problematic and this use will add to the congestion and
he inquired if the discussion between the applicant and the Town of Lochbuie addressed the traffic
issue.
Ms. Longhurst stated their children benefited greatly from their participation in 4-H but she
asked if the applicant understands the commitment to livestock is 24/7 to care for, feed and
2018-0532
PL2525
HEARING CERTIFICATION - CHERRY KNOLLS, A GENERAL PARTNERSHIP, C/O BOB
FRACHETTI AND DAN LACOE (USR17-0055)
PAGE 4
exercise these animals. She also expressed concern regarding the living conditions of 1,000
animals inside a facility with a cement floor and stated this is not good for the animals. She
requested clarification regarding the children staying on -site or commuting and about supervision.
In response to Chair Moreno, she stated they have had no conversations with the applicant.
Mr. Longhurst interjected they are not against the concept but are concerned regarding
responsibility on the aforementioned topics.
12 Roger Allgeier, SPO, stated the pictures of the surrounding area that were shown left his
house out because he is south of CR 2 in Adams County and he explained that his driveway will
be in close proximity to the ingress of this facility. He mentioned that he sent a letter, Exhibit D,
and he read it for the record.
12 Luz Maria B. Shearer, SPO, stated she is an advocate and supports this project. She
asserted that she spent 41 years in law enforcement and she knows the outcome of youth that
have not been properly directed and that this will provide a tremendous opportunity for the youth
and others to get involved with projects such as these. She proclaimed that development and
learning is a deterrent to negativity of future generations and agriculture is proven to develop
responsibility, commitment, and enhance success. Ms. Shearer agreed there are issues to be
dealt with and these can be accommodated and corrected and financed; however, she recognized
the significant commitment by the applicants to provide this opportunity, not just for the kids but
also for the adults. She stated her kids were involved with 4-H and she understands the concerns
and has lived through those processes but she explained this is about what we are doing for
young people and being committed to communities. Ms. Shearer agreed that Achieve More is a
venue that will give opportunities to youth for success, to parents to be involved, and will provide
those needed avenues and direction for those who participate. She stated Weld County is growing
and traffic is an issue that has to be addressed; however, she asked the Board to consider ways
to enhance and provide so we can grow with the community and focus on the future.
Mr. LaCoe stated the project began because he and his wife wanted to help more kids be
involved in agriculture and in 4-H and fortunately they and their business partner are in a financial
position to be able to donate and contribute funding to sustain this project. He explained they
have a business plan and have planned carefully so that the amenities and RV parking would
create revenue to help sustain the facility once constructed. He stated they have procured about
60% of the funding needed for construction, there will be no revenues from the 501c(3) returned
to them and that funding will eventually pay wages for support staff if it grows to that point. He
also explained the wastewater reclamation and treatment will contribute financially and
environmentally to maintain all the facilities. Mr. LaCoe explained his background as a builder and
his partner's background as a wastewater engineer. He explained the revenue from the RV
parking will pay for the traffic improvement. He further described their personal commitment and
how this has grown into a positive not just for kids but for the CSU Extension by getting more kids
involved, creating ways to include the agricultural and veterinarian students from CSU to be able
to do presentations and participate and so many others who are excited can be a part of this
venture. He explained they are working out ways to allow students the opportunity to farm the
land set aside for farmland. Mr. LaCoe stated he is willing to address the traffic issues related to
his use but asserted he cannot control the traffic impacts from the surrounding subdivisions and
other uses in the area.
2018-0532
PL2525
HEARING CERTIFICATION - CHERRY KNOLLS, A GENERAL PARTNERSHIP, C/O BOB
FRACHETTI AND DAN LACOE (USR17-0055)
PAGE 5
• Chair Moreno recessed the hearing at 11:49 a.m. to return at 1:15 p.m.
• Chair Moreno reconvened at 1:18 p.m.
In response to Commissioner Kirkmeyer, Mr. LaCoe explained the planned maximum stay
would be 30 days and they are hoping to coincide with the typical Rodeo/County Fair season from
April to August. He further explained the proposed plans to phase the construction to get the water
treatment and wastewater working and the RV park started to generate the revenue needed to
complete the road improvements that would be triggered at full buildout.
• Mr. Pinkham explained the traffic study memo as it related to the phased construction plans
to begin with 70 RV sites, complete road improvements, and thereafter construct the agricultural
building and the remaining RV sites and further amenities, as described earlier. He clarified the
initial limit on RV sites to start keeps the use under the threshold for the peak hour triggers. He
stated these items are also addressed in the Improvements Agreement.
In response to Commissioner Kirkmeyer, Mr. LaCoe explained the reason for requesting the
signage size waiver. Ms. Aungst explained the name on the building is still considered a sign. In
response to Commissioner Kirkmeyer, Mr. LaCoe described the screening, landscaping and
berming.
• Commissioner Kirkmeyer suggested adding a second sentence to Condition of Approval
(COA) #7, to read, "RV spaces will be limited to seventy (70) until the deceleration lane is
constructed." After a lengthy discussion regarding the RV park and preventing a man camp, the
Board agreed to add three (3) new Development Standards (DS) #4, 5, and 6, then renumber the
remaining items accordingly. They shall read as follows, "#4. RVs shall not be stored on the site;
#5. Recreational camping will be allowed for up to thirty (30) days over a 60 -day period. No
permanent residency shall be allowed in the RV Park; #6. Decks and other permanent structures
associated with individual RVs are prohibited in the RV camping area."
• Commissioner Kirkmeyer recommended replacing DS #8 and 9 with language requiring an
Emergency Action Plan, to read, "The applicant shall develop an Emergency Action and Safety
Plan with the Office of Emergency Management and Fire District for events greater than 250
people." The Board agreed.
• Chair Moreno reviewed the changes with the applicant. In response to Chair Moreno,
Mr. LaCoe and Mr. Frachetti indicated they have reviewed, and agree to abide by, the Conditions
of Approval and Development Standards, as amended.
• Commissioner Kirkmeyer expressed her appreciation for the public input and moved to
approve the request of Cherry Knolls, A General Partnership, do Bob Frachetti and Dan LaCoe,
for a Site Specific Development Plan and Use by Special Review Permit, USR17-0055, for
Agricultural Service Establishments primarily engaged in performing agricultural, animal
2018-0532
PL2525
HEARING CERTIFICATION - CHERRY KNOLLS, A GENERAL PARTNERSHIP, 0/O BOB
FRACHETTI AND DAN LACOE (USR17-0055)
PAGE 6
husbandry or horticultural services on a fee or contract basis, including animal boarding and
animal training facilities, livestock sale barns and facilities, rodeo arena, roping arena to include
both indoor and outdoor arenas and any Use permitted as a Use by Right, Accessory Use, or Use
by Special Review in the Commercial or Industrial Zone Districts (an events center and a
150 -space RV park with an office) 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 thanked the public and the applicant and reviewed the results of
a needs assessment performed by the Extension Office and one of the results was the need to
get more kids involved in 4-H to have a better understanding of agriculture. She stated she
supports the application due to the overall design of the facility. Commissioner Freeman thanked
the neighbors and stated the mitigations assisted with compatibility and he thanked the applicant
for the huge benefit this endeavor will be to Weld County. Chair Moreno agreed with his fellow
Commissioners and stated he supports the idea of helping the kids. The motion carried
unanimously. There being no further discussion, the hearing was completed at 1:52 p.m.
This Certification was approved on the 5th day of March, 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: datkv „C,uo:4
Weld County Clerk to the Board
BY:
Deputy Clerk to the Bo
APP
ounty Attorney
Date of signature: pN-Oa"B
Steve Moreno, Chair
EXCUSED DATE OF APPROVAL
Barbara Kirkmeyer, Pro-Tem
EXCUSED
Sean P. Conway
�,i_4:ear
Julie A. Cozad
Mike Freeman
2018-0532
PL2525
ATTENDANCE LIST
DATE:
' , i I
,
:r
NAME
- PLEASE PRINT LEGIBLY fr
EMAIL
ADDRESS
COUNTY OF
RESIDENCE
SPEAKING?
(V/N)
•
13-0
6).4e,..,sil
it° 5 LPL , ac
9n (a Le• ) ki -`(' )t 54 ic„.: L. i)
L,✓, (j
Yc
..„
L.QCue
1 "4"•are
.
.
cia.. aC/44 S C.c;c SYo . C a M1
C-
1v eOS e 2 r06
1.4/e
i
6i
&/,
Fra tie/
•
the
Aokie roccarz�6
eQ�2"*qo z c..
N� z
/9-taio
14
ireru,..
e nm.,-Wrc--A
an��/JCr
ktrytwecic.4.O
days
OWil'�c.."-
11
Sir
-
r t's
Wei
di.
N
. bace4e.4455idemeeta,
.
sA e e ea/ con,
/ ing-ay,41, /
w1/447w
ite,
j-
k"1
t
Se\N - oa-:Lc U)
C5?7
iiibeth
5
W
:1
I -et
-A - w«_
s
f
t.scia.-1
oz 18 Keen ts6LAn-y-
ya.k Li>
\''
i I r fir,.,/ s
i% 3Cf ire d�"�
f f Leah -- fninic.pL,t
r:,. ' 7 eern , L.,
r
til
We /t
(I
\:\
S
-
i
77,"(AIDte-r
143
I RI
iN/
Vji 9 i)
ijes,
eti/k
60 te
,
7 9-3 i c R s i
,.)
Keeyestieirr).
vve
k A,
N
, ,
M4,e7/0
.
ADO
i gar -7 ya5P° :"IP1/45(-T
(-1\0_44 im,0 T3Au
Sla.
Z
.54,6 cvy cWE
/
1/4_)0/
Al
0/Pricy\
S to
co ck I•
Lve'IL
t,
./�
n W
i L pvt� Q 5`:
601
.ont4t,(6,f,
,
- 'Ai
c:\\c
..J
ci- arty\ ) r
N.
It:AN
ji \\ c-.4—
lb\
ixalbcoi
a-7 r
re
Q SS m iii4 k
b•--4 '
- •
Noksy‘_c
A ig 9 C:9 V ;1‘ (7;PL0L g ill e:/ e r 4
L >i:;9i
nail,
r6/iii 37OOO : g/- .b.
,1-6
i, , 4
xeek, (4/
il4r
°
xi,
- c,iirb`e:2141?)
4
g 05- 070-4-7.4.- i
ii, I i if'
v-,tcst.
-410„•,
�, k ,
,
..�.. !` a (*) oR‘ t �•
:lc_
-
\\�\\
VA \‘‘ - N-IdeoaAt
'67 ,k1 ()
• ie)
,,cti
) RcK)ey
€ Ve dock1 t.
: lkfO P. c i
' fit()Dc:,,Are7
Ai
1'
NI kLcbilinnifwasoo
0iAZet
k i:
N S(/) (raj 5 SiOjil(f
� id c(AU'
7.'
Chilib
` '
Creewn
a ;Ii. tresuciitco
itaii 4entilkoicitcedi/a'&c
k,
,
ATTENDANCE LIST
DATE: O2- Q2 -
NAME
-
PLEASE
PRINT
LEGIBLY
EMAIL
ADDRESS
COUNTY
OF
RESIDENCE
SPEAKING?
(Y/N)
3,- .
/
% ( /) /I%
ti / ;/ Cy- - --
14L ',i
''tt
ki,:y1
/ ]) /
/'
!
�gicAjr/'
, i pl./✓�. ��'�'1
y
2 //.,- Z
/c2/'
jot'
ea: nen-C.1Th
'S59
..4„,
ci, c ..
J<..c0) t co), innt,s J), cayi)
i CKL/7 14 se 31
k 4 O
wv i 4
•
1
1 1,\55Lci
c()cid/et/lipr
,
i. CC.
/(6‘).5- Co/4"wli- OgamEe1/44.0
otr. { f d
\\
n k C , C1/4C L \.,\ ickc---j.)/A
NIE-C..
7,C1,5;;;\
---7, 4 --(
-
V
vecN
1
937,-,;30 ce
- /
act e3 -
/sr
li.ce)
_
r
,_-)
1-\ Cal
ii
it
TLA. 145
kAtin qoSs
V Y y (t
,it It
;icy 0 it, ‘
I/ u S 1.-(ctlic 11-‘1( I 4131,c:
ri-titic6-
V
.
ClOFA:7-ao -T-11-4
Oil ctitycji2VM7
knicis. _L
- -)
((er )--)
-
-
ii.
9 a/ iff7CY‘ )4! 17c:e/7
------7,4,
tfre,„ -
, Al
. tc i, „, , 1
/4
it
-
TntafttQ
Pcor\
oat
�� e Cd,
Qkz-vitctc(
eta,
i
c IQ
c,--
(
,
4
5tA c.,--) In\ -
- -,
)cute
_
5 x-)eisii_A t3 y
)k-
.- won
c..
Co
I
JuMc\ r\iaciccurairinifig
..
ab,(2‘k
ub
4-c 4) it
A -e., r
h aki.e.ft
11
trrids5h3h.
y 3 ik x , Lc m
hi 4.45 v
li\e,
_t,
L4.b�
A
�.
�,►, dti�o,�
%6Avetom, g�39
HAI
{- D n -1")
,,,
1_, -3u1/4:4d,Ce.s.),/,.„-cit,v,,,tc,tre,„,c,,,_i->„),,,,,(6,
I 5/6 i r-fi\-5- f ti
ci oz:lel
-- ---- -
Hello