HomeMy WebLinkAbout20163038.tiffHEARING CERTIFICATION
DOCKET NO. 2016-81
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
U SR16-0024, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR
U SE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(MANUFACTURE/HANDCRAFT ORGANIC SKIN CARE PRODUCTS, CATERING
KITCHEN, OFFICE, EVENT CENTER FOR CLASSES, RETREATS, WEDDINGS, DAY
SPA, GREENHOUSE, RETAIL SALES AND WAREHOUSE) PROVIDED THAT THE
P ROPERTY 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; ONE (1) SINGLE-FAMILY DWELLING UNIT PER LOT
OTHER THAN THOSE PERMITTED UNDER SECTION 23-3-20.A (SECOND SINGLE-
FAMILY DWELLING UNIT); AND MULTI -FAMILY DWELLINGS FOR PERSONS
PRINCIPALLY EMPLOYED AT OR ENGAGED IN FARMING, RANCHING OR
GARDENING (6 -UNIT MULTI -FAMILY DWELLING) IN THE A (AGRICULTURAL) ZONE
DISTRICT - RENTCO, LLC, C/O LILY FARM FRESH SKIN CARE
A public hearing was conducted on October 5. 2016. at 10:00 a.m.. with the following present:
Commissioner Mike Freeman, Chair
Commissioner Sean P. Conway. Pro-Tem
Commissioner Julie A. Cozad
Commissioner Barbara Kirkmeyer
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board. Tisa Juanicorena
Transcribing Clerk to the Board, Esther Gesick
Assistant County Attorney, Frank Haug
Planning Services Department representative. Diana Aungst
Public Works Representative, Evan Pinkham
Planning Services Engineer representative. Hayley Balzano
Health Department representative. Lauren Light
The following business was transacted:
a I hereby certify that pursuant to a notice dated September 2. 2016, and duly published
September 7, 2016, in the Greeley Tribune, a public hearing was conducted to consider the
request of Rentco, LLC. c/o Lily Farm Fresh Skin Care, for a Site Specific Development Plan and
Use by Special Review Permit. USR16-0024, for a Use permitted as a Use by Right, Accessory
Use. or Use by Special Review in the Commercial or Industrial Zone Districts (manufacture/
handcraft organic skin care products. catering kitchen, office, event center for classes. retreats,
weddings, day spa, greenhouse. retail sales and warehouse) 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; One (1) Single-family Dwelling Unit per lot other than
those permitted under Section 23-3-20.A (second single-family dwelling unit); and Multi -family
Dwellings for persons principally employed at or engaged in farming, ranching or gardening (6 -unit
multi -family dwelling) in the A (Agricultural) Zone District. Frank Haug. Assistant County Attorney,
made this a matter of record.
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Diana Aungst, Department of Planning Services, presented a brief summary of the proposal
and stated 12 referrals were sent out and nine (9) either did not respond or indicated no concerns.
She reviewed the location of the site in relation to relevant County roads, and noted it is across
the street from The Wild Animal Sanctuary. She stated the applicants proposed use will include
a 96.000 -square -foot building containing an apartment. processing area. retail, event center and
catering kitchen. The site will also contain a detached single family home. six (6) unit housing
structure. spa, pump house. greenhouse. and 80,000 -square -foot warehouse. Ms. Aungst
reviewed the number of employees, hours of operation, parking, landscaping, lighting and
signage. She also referenced the surrounding land uses and stated staff did receive several
letters from a surrounding property owner expressing opposition based on anticipated traffic, litter
and the overall size of the business. Ms. Aungst displayed images of the site and surrounding
area and entered the favorable recommendation of the Planning Commission into the record as
written.
In response to Commissioner Moreno. Ms. Aungst clarified the letters of concern were all
from the same person. Commissioner Conway asked that Public Works staff provide the average
daily traffic count for the area, considering the road has been paved and The Wild Animal
Sanctuary is located in the immediate vicinity.
Q Evan Pinkham. Department of Public Works representative, stated access to the site is on
County Road (CR) 53. approved under Access Permit. AP16-00315. In response to
Commissioner Conway's earlier question, he stated CR 53 is a paved. local road with an average
daily traffic count of 134 vehicles. 17% of which is trucks, and that count was taken on October 15,
2013.
Hayley Balzano. Planning Services Engineer representative, stated the applicant has
submitted a Preliminary Drainage Report and a final version will be required prior to recording the
plat. She reviewed the various conditions and development standards related to engineering.
Lauren Light, Department of Public Health and Environment, stated water on the site will be
provided by an individual well which is permitted for commercial/domestic use. with additional
provisions if they exceed 25 persons. The applicant has submitted an engineered design for a
new septic system, and staff has also included the typical conditions and requirements concerning
dust control. waste handling.. commercial noise levels, and retail food regulations, and
Development Standards (DS) #13-23 are typical Environmental Health standards.
Lily Morgan (legal name Elizabeth Cahill), applicant, stated she is a 7th generation farmer
and currently recognized as a U.S.D.A. Certified Organic Grower. She stated, in 1986, they
became the first organic skin care product company in the state of Colorado and she reviewed
the various reasons why she chose to locate in Weld County. She stated the current 15 -acre
facility is located in Henderson. CO, and they sell to Natural Grocers and Whole Foods as an FDA
regulated/inspected grower. She displayed architectural drawings of the first building. and stated
Phase 2 will include a spa and employee housing. and Phase 3 will incorporate a drying room for
herbs and canning, as well as an Events Center.
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Jane Aiello, co -applicant and event planner. stated she will live on the site. In addition to
private events, their goal is to be very involved in the community. She stated the facility will hold
up to 150 people and will include a catering kitchen for off -site companies to bring in food, and
any alcohol service will be done by the catering companies. She further stated the back patio
faces north and west for nice views of the mountains and music will comply with local noise
ordinances.
Ms. Morgan requested a change to allow 24/7 hours of operation. In response to
Commissioners Kirkmeyer and Conway, she confirmed the designated hours are specific to the
event center. not the farming operations, and the hand crafting activities are not noisy.
No public testimony was offered concerning this matter.
Ea In response to Commissioner Conway. Ms. Morgan confirmed her concern is that a late -night
truck delivery may be considered a violation of the listed hours of operation. The Board agreed
to delete the hours of operation under Development Standard (DS) #'I.
In response to Commissioner Cozad. Ms. Morgan stated. in addition to hosting a
neighborhood meeting. she did email Mr. Rowe on five separate occasions; however. she did not
receive any response. Commissioner Cozad expressed her appreciation for the outreach.
Ms. Aiello added they also never heard anything from Mr. Saunders, despite sending out 20
invitations to area residents beyond the 500 -foot minimum requirement. She stated one neighbor
attended the neighborhood meeting and was pleased with their proposal because she also has a
small organic farm.
In response to Commissioner Cozad, Ms. Morgan stated they intend to plant a few trees
and then use some of their agricultural products as a cross -over for landscaping; however. they
are hoping to keep it somewhat minimal due to expense. Following discussion, the Board agreed
to delete the landscaping requirement under DS #7.
Responding to Commissioner Conway, Ms. Morgan stated her desire to increase the
number of employees to 25 to accommodate future growth. Following discussion, the Board
agreed to delete DS #3. Ms. Light confirmed DS #19 is adequate because they are going to have
to submit a septic permit to accommodate the full capacity of the site anyway. In response to
Commissioner Kirkmeyer, Ms. Morgan stated they receive a semi -truck delivery once or twice a
year, therefore. the Board decided to delete the tracking control required under Condition of
Approval (COA) #1.B.12. They also removed the landscaping requirement under #1.B.5. the gate
designation under #1.B.13. and the tracking control under DS #9 for consistency. In response to
Ms. Morgan, Ms. Aungst confirmed DS #24 does not specify a set number of lights, rather, it only
requires that any lighting be shielded and directed downward.
Chair Freeman recessed for a five-minute recess to allow the applicant time to review the
remaining Conditions of Approval and Development Standards.
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Chair Freeman reconvened at 11:33 a.m.
a Commissioner Conway suggested amending the criteria paragraphs on page 2 to reflect the
various revisions made to the COA and DS. Commissioner Kirkmeyer explained the language
provided in the findings is based on the application materials and the determination that it is
consistent with the Code, therefore, the Board agreed to leave them as drafted.
Ms. Aungst requested DS #17 be amended to reference Section 25-12-103. C.R.S.
Ms. Light clarified that change will require the sound levels to be limited to 60 decibels during the
day and 55 dBA during nighttime hours.
Commissioner Kirkmeyer proposed to add a sentence to criteria paragraph #2.0 which
states. "The six (6) Conditions of Approval and 27 Development Standards, as amended, will
address and mitigate issues of compatibility. She added paragraph #2.G should change the
word "may" to "will" and also designate the number of specific COA and DS.
a- In response to Chair Freeman, Ms. Morgan for Rentco, LLC. c/o Lily Farm Fresh Skin Care,
indicated she has reviewed. and agrees to abide by. the Conditions of Approval and Development
Standards. as amended.
Commissioner Kirkmeyer stated she reviewed the letters of concern and pointed out the
buildings are to the north, there are no visual impacts, the red barn is consistent to the region.
and the access is far enough to the north, so the impact will be minimal and mitigated by the
Conditions of Approval and Development Standards. Based on those comments and the Findings
of the Resolution, she moved to approve the request of Rentco. LLC. c/o Lily Farm Fresh Skin,
for a Site Specific Development Plan and Use by Special Review Permit. USR16-0024, for a Use
permitted as a Use by Right. Accessory Use. or Use by Special Review in the Commercial or
Industrial Zone Districts (manufacture/handcraft organic skin care products. catering kitchen,
office, event center for classes. retreats, weddings, day spa. greenhouse, retail sales and
warehouse) 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: One (1)
Single-family Dwelling Unit per lot other than those permitted under Section 23-3-20.A (second
single-family dwelling unit); and Multi -family Dwellings for persons principally employed at or
engaged in farming, ranching or gardening (6 -unit multi -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 Cozad. Commissioner Kirkmeyer expressed
her appreciation to the applicant for bringing this business to Weld County and encouraged
continued outreach to be a good neighbor. She also reminded the applicant that although they
are permitted. they need to be mindful that the surrounding properties have the same right to
come in and propose future uses that must go through this same process a Commissioner
Cozad concurred with the previous comments and she encouraged the applicant to continue to
reach out to the neighbors to keep them informed as they move forward with the future phases.
She was also pleased that the applicant is taking advantage of the small business incentive
2016-3038
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HEARING CERTIFICATION - RENTCO. LLC. O/O LILY FARM FRESH SKIN CARE
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program. [24 Commissioners Conway, Moreno and Freeman echoed the comments of their
fellow Commissioners. There being no further comments, the motion carried unanimously and
the hearing was completed at 11:47 a.m.
This Certification was approved on the 10th day of October, 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY. COLORADO
ATTEST:
dithA) gido;t1
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
ice. 66 Rt.
iED A
Date of signature:
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Mike Freeman. Chair
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Sean P. Conway, Pro-Te
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Julie A. Cozad
bara Kirkmeyer
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Steve Moreno
2016-3038
PL2443
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