HomeMy WebLinkAbout20160015.tiffHEARING CERTIFICATION
DOCKET NO. 2016-05
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR15-0024 (FORMERLY KNOWN AS USR-845, FOR A 600 -HEAD MAXIMUM
CAPACITY DAIRY) TO INCLUDE ENCLOSED/COVERED AND OUTDOOR
SELF -STORAGE, A COMMUNITY GARDEN (COMMUNITY SUPPORTED
AGRICULTURE) AND ONE (1) SINGLE-FAMILY DWELLING UNIT PER LOT, OTHER
THAN THOSE PERMITTED UNDER SECTION 23-3-20.A (SECOND SINGLE-FAMILY
DWELLING) IN THE A (AGRICULTURAL) ZONE DISTRICT — LEGACY FARM, LLC
A public hearing was conducted on January 6, 2016, at 10:00 a.m., with the following present:
Commissioner Mike Freeman, Chair
Commissioner Sean P. Conway, Pro -Tern
Commissioner Julie A. Cozad
Commissioner Barbara Kirkmeyer
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Tisa Juanicorena
County Attorney, Bruce Barker
Planning Services Department representative, Chris Gathman
Planning Services Engineer representative, Jennifer Petrik
Health Department representative, Ben Frissell
The following business was transacted:
I hereby certify that pursuant to a notice dated November 13, 2015, and duly published
November 18, 2015, in the Greeley Tribune, a public hearing was conducted to consider the
request of Legacy Farm, LLC, for a Site Specific Development Plan and Amended Use by Special
Review Permit, USR15-0024 (formerly known as USR-845, for a 600 -head maximum capacity
dairy) to include enclosed and outdoor self -storage, a community garden (community supported
agriculture) and one (1) Single -Family Dwelling unit per lot, other than those permitted under
Section 23-3-20.A (second single-family dwelling) in the A (Agricultural) Zone District.
Bruce Barker, County Attorney, made this a matter of record.
Chris Gathman, Department of Planning Services, presented a brief summary of the
proposal to include the details for the amendment for additional uses, and a variance from the fire
district regarding the need for a sprinkler system. In response to Commissioner Kirkmeyer,
Mr. Gathman explained the applicant plans to remove two of the exterior walls from the barn which
will alleviate the requirement by the fire district for a sprinkler system inside the barn. He explained
the applicant's intent for future use to include community gardening and certain seasonal uses to
include special events. Mr. Gathman reviewed the hours of operation, surrounding land uses, and
closest residences. He stated the applicant held a community meeting before submitting the
application and the neighborhood response was positive. Staff sent out 16 referrals and received
12 responses with either no comments or concerns, or recommended approval with conditions.
Mr. Gathman stated the site is in the three (3) mile referral area of the Towns of Severance and
Windsor and Larimer County. He reviewed the referral responses from the municipalities and
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noted for the record that the site is located within the boundary of Weld County/Town of Windsor
Planning boundary; however, the application was submitted before the effective date of the
agreement. He displayed images of the site and surrounding properties, and a map showing the
access points and the portion of the parcel to be exempted. He entered the recommendation of
the Planning Commission into the record as written.
In response to Commissioner Conway, Mr. Gathman defined Community Garden. In
response to Commissioner Kirkmeyer, he pointed out the existing residential dwellings in relation
to the Recorded Exemption and prior USR.
• Jennifer Petrik, Planning Services Engineer representative, presenting for Wayne Howard,
provided a brief overview of the transportation plans and requirements to include the relevant
County roads. She described the access location and provided the approved Access Permit
number, AP#15-00334, as well as the details surrounding the access to be vacated. Ms. Petrik
provided the average daily traffic counts for CR 68.5 and 17th Street and stated the applicant is
proposing 4-8 vehicles per day. She stated the requirements for tracking control and clarified
there is no requirement for an Improvements Agreement or drainage, based on the variance
approval. She reviewed the typical Development Standards related to Public Works and stated
the site is not in an overlay district. In response to Commissioner Kirkmeyer, Ms. Petrik stated
she would look up the average daily traffic counts on CR 13. In response to Commissioner
Conway, Ms. Petrik stated for the entire USR, had the daily vehicle trips presented more than 50
per day, an Improvements Agreement would be required. She provided the counts as requested
by Commissioner Kirkmeyer.
• Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer
provisions stating potable water will be provided by the North Weld Water District and portable
toilets will be used for customers, as long as the usage is limited to six months or less of the year
and 10 or less customers per day. Should the use exceed these numbers, a septic system will be
required. He reviewed the items relevant to Environmental Health.
• Mr. Gathman clarified the single-family dwelling on Lot A, and the existing single-family
dwelling on Lot B with the intention to place a second single-family dwelling on Lot B. In response
to Commissioner Kirkmeyer, he verified the parameters of the Recorded Exemption and agreed
to the recommendation regarding the change in the title.
• Stan Everitt, applicant, stated community garden can be defined as Community Sustainable
Agriculture which is a common term to describe those member participants that would pay a fee
to receive organic vegetables to include individuals who choose to opt in for a small plot to grow
their own gardens. He explained the location, nature of the use, density, and explained how it is
a beneficial transition between the suburban and rural area. Mr. Everitt stated it is a practical use
for this piece of land surrounded by County roads. In response to Commissioner Conway, he
verified having conversations with the Town of Windsor regarding future annexation but explained
the Town does not necessarily feel this is a good fit because of being on a septic system.
• No public testimony was offered concerning this matter.
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• Mr. Everitt described his efforts regarding the neighborhood meeting and notification. In
response to Commissioner Kirkmeyer, Mr. Gathman stated there was no formal referral received
from the fire district. Mr. Everitt explained why the barn will not require a sprinkler system due to
the voluntary modifications which was a more practical choice than making other improvements.
In response to Commissioner Kirkmeyer, he stated he will use recycled asphalt over the entire
site.
• Commissioner Kirkmeyer requested clarification regarding amending the USR or creating a
new USR. Mr. Gathman clarified the applicant wants to keep the option for the dairy component;
therefore, it is an amendment to the prior USR but the problem is the new database system which
forced the creation of the new USR and a new case number. After further discussion and input
from Mr. Barker, Commissioner Kirkmeyer pointed out the need to correct the Resolution.
IE Mr. Barker interjected the problem with the notice.
• Commissioner Cozad suggested vacating USR-845, and including all the uses under
USR-845 under the new USR. After discussion, the Board agreed.
• In response to Chair Freeman, Mr. Everitt indicated he has reviewed the Conditions of
Approval and Development Standards.
• Commissioner Conway questioned the applicant in regard to future development regarding
traffic and potential triggers for road improvements. Mr. Everitt stated the site is minimal and if
they were to expand he would come back for further approval. Ms. Petrik interjected the
parameters that would trigger the Improvements Agreement. Mr. Everitt stated it is hard to define
and they are not looking for it to be high traffic and there may be approximately ten (10) people
planting their own plots.
• In response to Chair Freeman, Mr. Everitt indicated he has no changes to discuss.
• Commissioner Kirkmeyer suggested the deletion of Condition of Approval (COA) #1.B. The
Board agreed. She also suggested deleting COA #1.C because it is a private party matter. The
Board concurred. Commissioner Kirkmeyer suggested adding the word "existing"to COA #1.D.5
to read, "...delineate the existing landscaping and/or screening." She also mentioned the addition
of a COA to remove the access off of east 17th Street. Ms. Petrik stated she will create language
to amend COA #1.D.9 to cover that vacation. Commissioner Kirkmeyer corrected the language in
Development Standard (DS) #4, second sentence, to read: "Special events shall be concluded
by 9:30 p.m." and suggested a change to DS #5 to delete the words, "Chapter 12 of," and, lastly
recommended adding the word "existing"to DS #7. The Board agreed with all these changes.
Commissioner Cozad suggested adding a Condition of Approval to vacate the USR. She
also suggested removing the words "solid metal" from COA #1.A. Mr. Everitt clarified the purpose
behind the solid metal fencing. The Board agreed to leave the words in. Commissioner Cozad
suggested correcting COA #1.D.11 by adding the words, "and shall include the calculated
volume." Chair Freeman suggested deleting COA #1.A; the Board agreed. Commissioner Cozad
asked for clarification regarding the number of people reflected in DS #4 and #5.
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Ei Mr. Barker clarified the Code states that if attendance surpasses 350, the USR site would
be limited to ten (10) Temporary Assembly Permits a year for special events allowing over 350
people.
El Commissioner Cozad requested clarity for DS #4 regarding the parameters for special
events in the Resolution. After further discussion, the Board agreed with deleting DS #4.
Commissioner Kirkmeyer recommended changing the hours of operation on DS #3 to 7:00 a.m.
to 9:30 p.m. The Board agreed.
In response to Commissioner Moreno, Chair Freeman suggested no hours of operation for
the facility and changing DS #3 to read, "The hours of operation for the facility for special events
are 7:00 a.m. to 9:30 p.m., Monday— Sunday."The Board concurred.
Ei Commissioner Kirkmeyer requested staff provide the language needed for COA #1.D.9
regarding the vacation of the access as discussed before and also the language regarding
vacating the old USR, which Mr. Barker suggested become the new COA #1.A. The Board
agreed. Mr. Barker further recommended staff review the Resolution completely to ensure the
rights of the Use by Special Review Permit, USR-845, be included in the new USR so as not to
eradicate any of the prior uses.
le Mr. Gathman clarified changes to the legal description and changes to the title to reflect the
recorded exemption in process and the vacation of the old USR.
El Freeman reviewed the changes for the applicant.
le In response to Chair Freeman, Mr. Everitt indicated he has reviewed, and agrees to abide
by, the Conditions of Approval and Development Standards, as amended.
El Commissioner Kirkmeyer moved to approve the request of Legacy Farm, LLC, for a Site
Specific Development Plan and Use by Special Review Permit, USR15-0024 (formerly known as
USR-845, for a 600 -head maximum capacity dairy) to include enclosed/covered and outdoor
self -storage, a community garden (Community Supported Agriculture) and one (1) Single -Family
Dwelling unit per lot, other than those permitted under Section 23-3-20.A (second single-family
dwelling) 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 Conway, and
it carried unanimously. There being no further discussion, the hearing was completed at
11:25 a.m.
2016-0015
PL0049
HEARING CERTIFICATION - LEGACY FARM, LLC (USR15-0024)
PAGE 5
This Certification was approved on the 11th day of January, 2016.
ATTEST:
Weld County Clerk to the Board
BY:
Depu
APP
Steve Moreno
oun ttorney
Date of signature:
BOARD OF COUNTY COMMISSIONERS
WELD
COUNTY, COLORADO
Mike Freeman, Chair
Sean P. Co way, Pro-Te
7
A. Cozad
.(�(Q kc/
bara Kirkmeyer
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