HomeMy WebLinkAbout20142619.tiff EXHIBIT
BEFORE THE WELD COUNTY, COLORADO . PLANNING COMMISSI • R
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMI y -603
Moved by Bruce Johnson . that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR14-0033
APPLICANT: HANKINS FARMS LLC
PLANNER: DIANA AUNGST
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A RECREATIONAL FACILITY. WITH USES SIMILAR TO THOSE
SEEN AT A GUEST FARM AND FAIRGROUNDS. IN THE A (AGRICULTURAL)
ZONE DISTRICT
LEGAL DESCRIPTION _ LOT B REC EXEMPT RE-3901 BEING PART OF THE N2NE4 SECTION 20, T5N .
R67W AND PART OF THE S2NE4/E2SE4 SECTION 20. T5N . R67W OF THE 6TH
P M. . WELD COUNTY. COLORADO.
LOCATION: WEST OF AND ADJACENT TO CR 17; NORTH OF AND ADJACENT TO CR 54
be recommended favorably to the Board of County Commissioners for the following reasons:
1 The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-
2-220 of the Weld County Code as follows:
A. Section 23-2-220.A. 1 . -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-20. F. 4. - A. Policy 6. 4. states. "Encourage agri-tourism. "
Section 22-2-20. 8. 3. - A. Policy 2. 3. states. in part. "Encourage development of . . .
agriculturally related businesses. Agricultural businesses and industries include those related
to . . . agri-tainment or agri-tourism uses. " and Section 22-3- 70. - TR. Goal 1 . states. in part.
"Recognize the importance of cultural and heritage tourism and recreation to local, regional
and agricultural economies. including events and sites such as corn mazes. "
The applicant is requesting a Use by Special Review Permit for an Agri-tourism enterprise.
The facility is proposed to be open seasonally from May 8 to November 8 . Some of the
activities proposed on site are a corn maze, paintball courses, haunted attractions. petting
zoo, hayrack rides, zip lines, helicopter rides, hot-air balloon rides, and local concerts. The
events will culminate with a corn maze and a pumpkin festival in the fall . The application
materials state that there may be as many as 500 people per day visiting the site. There will
be 2 full-time employees and about 50 temporary employees in the fall.
The applicant has submitted a Lighting Plan and a Noise Abatement Plan . Adherence to
these two plans along with the attached Development Standards and Conditions of Approval
for this proposal will assist in mitigating the impacts of the facility on the adjacent properties
and ensure compatibility with surrounding land uses.
B. Section 23-2-220.A.2 . -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District Section 23-3-40. C . 5. & 6. which allows for Site Specific Development Plan and
Use by Special Review Permit for a Recreational Facility, with uses similar to those seen at a
Guest Farm and Fairgrounds, in the A (Agricultural) Zone District.
C. Section 23-2-220.A. 3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The adjacent properties are mainly utilized for pastures, crops, and rural residences. The
closest residence is on the south side of County Road 54; approximately 130 feet south of the
site. The closest residence to the proposed activities is on the east side of County Road
tReith) 1p1f'
RESOLUTION USR14-0033
HANKINS FARMS LLC
PAGE 2
17: approximately 520 feet east of the site. Coyote Ridge Subdivision is located to the west
of the site and the Loveland/Greeley Canal crosses through the northern parcel.
There are eight (8) USRs located within one mile of this parcel . USR- 154 for a 2 ,850 head
feed lot is west of the site. Amended USR- 1329 and Amended USR-672 both for gravel
mining are located southwest of the site. USR-585 for a natural gas facility is located east of
and adjacent to the site however it appears it has not been built. USR-871 for three (3) radio
towers. USR-1060 for a cellular tower. USR-796 for a microwave tower, and USR-1296 for a
wholesale and retail nursery are all located east of the site. The Weld County Department of
Planning Services has received one phone call and one letter from surrounding property
owners. The letter outlines concerns about trash . dust. alcohol , noise, traffic. lighting,
aviation activities, security. and the corn- egg- and pumpkin- cannons; the query from the
phone call was about details of the activities proposed for this USR.
The applicant has submitted a Lighting Plan and a Noise Abatement Plan. Adherence to
these two plans along with the attached Development Standards and Conditions of Approval
for this proposal will assist in mitigating the impacts of the facility on the adjacent properties
and ensure compatibility with surrounding land uses.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect. or the adopted Master Plans of affected
municipalities.
The site is located within the three (3) mile referral area of the City of Greeley. and the Towns
of Windsor, Milliken and Johnstown. The City of Greeley and the Town of Johnstown did not
respond with any referral comments. The Towns of Milliken and Windsor in their referral
comments dated July 2 . 2014 and July 8. 2014, respectively. stated no concerns.
E. Section 23-2-220.A. 5 -- The application complies with Chapter 23, Article V, of the Weld
County Code. The existing site is within the County-Wide Road Impact Fee Area and the
Capital Expansion Impact Fee area.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County-Wide Road Impact Fee Program.
Building Permits issued on the proposed lot will be required to adhere to the fee structure of
the County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
The proposed facility is located on approximately 115 acres designated as "Prime if they
become Irrigated" and approximately 118 acres designated as "Prime ( Irrigated)" per the
1979 Soil Conservation Service Important Farmlands of Weld County Map. This USR will not
take "Prime (Irrigated)" farmland out of production .
G . Section 23-2-220.A.7 -- There is adequate provisions for the protection of the health, safety,.
and welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240. Weld County Code). Operation Standards (Section
23-2-250. Weld County Code), Conditions of Approval and Development Standards ensure
that there are adequate provisions for the protection of health, safety. and welfare of the
inhabitants of the neighborhood and County.
This recommendation is based, in part. upon a review of the application materials submitted by the applicant,
other relevant information regarding the request. and responses from referral entities.
RESOLUTION USR14-0033
HANKINS FARMS LLC
PAGE 3
The Planning Commission recommendation for approval is conditional upon the following:
1 . Prior to recording the plat:
A. The applicant shall address the requirements of the Colorado Department of Transportation , as
stated in the referral response dated August 8. 2014. Evidence of such shall be submitted , in
writing, to the Weld County Department of Planning Services. (Department of Building Inspection)
B. The applicant shall address the requirements (concerns) of the Weld County Department of
Building Inspection, as stated in the referral response dated July 1 , 2014 . Evidence of such shall
be submitted, in writing , to the Weld County Department of Planning Services. (Department of
Building Inspection)
C . The applicant shall upgrade the entrance with a double cattle guards across both lanes (two
traffic) . not in the county right-of-way with adequate turning radius adjacent to CR 17. Recycled
asphalt or road base is required to prevent tracking mud and debris from the site onto the county
road. (Department of Public Works)
D. A stop sign should be installed at the main entrance/exit as the County Road 17 is classified as
an arterial . (Department of Public Works)
E. A water quality feature to catch storm water run-off from the parking area needs to be sized for
the parking area. (Department of Public Works)
F. The plat shall be amended to delineate the following:
1 ) All sheets of the plat shall be labeled USR14-0033. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The plat shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of
Planning Services)
4) The plat shall delineate the trash collection areas. Section 23-3-350. H of the Weld County
Code addresses the issue of trash collection areas. Areas used for storage or trash
collection shall be screened from adjacent properties and public rights-of-way. These areas
shall be designed and used in a manner that will prevent trash from being scattered by wind
or animals. (Department of Planning Services)
5) The approved Signage Plan, show details on the plat. (Department of Planning Services)
6) The approved Parking Plan , as shown on the plat. (Department of Planning Services)
7) The approved Lighting Plan , as shown on the plat. (Department of Planning Services)
8) The applicant shall delineate a parking and circulation layout plan for the overflow parking.
The plan shall be dimensioned and demonstrate that there is adequate turning radii, internal
circulation, and adequate access for emergency ingress and egress. (Department of Planning
Services)
9) The applicant shall delineate on the site plan a staging area for cars on the main internal
access road before the ticket booth and main parking area to avoid staging of vehicles on
County Road 17. (Department of Public Works)
RESOLUTION USR14-0033
HANKINS FARMS LLC
PAGE 4
10) County Roads 17 and 54 are designated on the Weld County Road Classification Plan as
arterial roads. which require 140 feet of right-of-way at full build out. There is presently 60 feet
of right-of-way. An additional 40 feet shall be delineated on the plat as future County Road 17
and 54 rights-of-way. All setbacks shall be measured from the edge of future rights-of-way.
The applicant shall verify the existing rights-of-way and the documents creating the rights-of-
way and this information shall be noted on the plat. If the rights-of-way cannot be verified,
they shall be dedicated. These roads are maintained by Weld County. (Department of Public
Works)
11 ) Show the approved access on the plat and label it with the approved access permit number
(AP#). (Department of Public Works)
12) Tracking control is required to prevent tracking mud and debris from the site on to the County
Roadways. Place double cattle guards across both lanes at the entrance. (Department of
Public Works)
G. The applicant shall address the requirements of the Weld County Traffic Engineer, as stated in the
referral response dated August 18. 2014. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services
2 . Upon completion of Condition of Approval #1 above. the applicant shall submit one ( 1 ) paper copy or
one ( 1 ) electronic copy (.pdf) of the plat for preliminary approval to the Weld County Department of
Planning Services. Upon approval of the plat the applicant shall submit a Mylar plat along with all
other documentation required as Conditions of Approval . The Mylar plat shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be
prepared in accordance with the requirements of Section 23-2-260. D of the Weld County Code. The
Mylar plat and additional requirements shall be submitted within one hundred twenty (120) days from
the date of the Board of County Commissioners Resolution . The applicant shall be responsible for
paying the recording fee. (Department of Planning Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30 . 2012 , should the plat
not be recorded within the required one hundred twenty ( 120) days from the date of the Board of
County Commissioners Resolution . a $50.00 recording continuance charge shall added for each
additional three (3) month period. (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this Use by Special
Review. as appropriate. Acceptable CAD formats are .dwg. .dxf, and .dgn (Microstation): acceptable
GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB). The preferred format
for Images is .tif (Group 4). (Group 6 is not acceptable) . This digital file may be sent to
mapsco.weld.co.us. (Department of Planning Services)
5. Prior to construction:
A. If more than 1 acre is to be disturbed , a Weld County grading permit will be required prior to the
start of construction . (Department of Public Works)
6. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be
issued on the property, until the Use by Special Review plat is ready to be recorded in the office of the
Weld County Clerk and Recorder or the applicant has been approved for an early release agreement.
(Department of Planning Services)
Motion seconded by Michael Wailes.
RESOLUTION USR14-0033
HANKINS FARMS LLC
PAGE 5
VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bruce Johnson
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
Terry Cross
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I . Kristine Ranslem. Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on August 19, 2014.
Dated the 19th of August, 2014.
Digitally signed by Kristine
Ranslem
Date: 2014.08.25 11 :30:42 -06'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Hankins Farm , LLC c/o Darren Hankins
USR14-0033
1 . A Site Specific Development Plan and Use by Special Review Permit. USR14-0033, for a
Recreational Facility, with uses similar to those seen at a Guest Farm and Fairgrounds, in the A
(Agricultural) Zone District, subject to the Development Standards stated hereon. (Department of
Planning Services)
2 . Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The Guest Farm operating days are limited to Friday through Sunday from May 8 to September 15
and Wednesday through Sunday September 16 to November 8. as stated by the applicant.
(Department of Planning Services)
4. The hours of operation will be:
May 8 to September 15
Friday 5:00 p.m . — 10:00 p. m .
Saturday 1-1 :00 9: 00 a. m. - 10:00 p.m .
Sunday noon — 6: 00 p.m.
September 16 to November 8
Wednesday and Thursday 5:00 p.m. — 9: 00 p. m .
Friday 5:00 p. m . — 10: 00 p. m .
Saturday " 1 . 00 9:00 a. m . - 10:00 p.m .
Sunday noon — 6:00 p.m . , as stated by the applicant. ( Department of Planning Services)
5. The facility is permitted for the following activities:
Corn maze, thrill/haunted corn maze, tree maze, children's bale maze, haunted slough tour, live
music/featured concert. paintball courses, mobile paintball tour, zip lines. family movie night, hayrack
riders, trail rides, helicopter rides, farm animal petting zoo, pumpkin patch. mechanical bus, laser tag.
hay bale pyramid , karaoke stage, corn-, egg-, and pumpkin cannons. draft horse pulling competition .
livestock and dog demonstrations, farmer's market. mutton busting , roping competitions. food
vendors, vintage plane fly-overs/air show. disc- and Frisbee golf, giant jump pillow. corn games, hot
air balloon launch site, various kids activities, children's playground. children's tree houses, pumpkin
launcher/catapult. barn/pet animal races, barrel train. corn sand box, pedal cars, obstacle course/fun
runs, rope courses, and various educational agricultural demonstrations. (Department of Planning
Services)
6. Modifications to proposed yearly activities shall be submitted in writing on or before J n e May 1 of any
given year. (Department of Planning Services)
7 . The signage on the site shall be maintained in accordance with the approved Signage Plan .
(Department of Planning Services)
8. The parking shall be maintained in accordance with the approved Parking Plan . (Department of
Planning Services)
9. Prior to the sale of any alcoholic beverages applicant shall apply for and receive all appropriate State
licenses. (Department of Planning Services)
10. The applicant shall maintain compliance with all the requirements of the Department of Labor &
Employment's Public Safety requirements for Amusement Rides and Devices. Evidence shall be
provided to the Department of Planning Services upon request. (Department of Planning Services)
RESOLUTION USR14-0033
HANKINS FARMS LLC
PAGE 7
11 . There shall be no open burning conducted on the site, with the exception to burning defined as
"agricultural open burning" by Regulation No. 9 of the Colorado Air Quality Control Commission
Regulations. (Department of Planning Services)
12 . Materials used for paintball shall be considered non-toxic. (Department of Planning Services)
13. The applicant shall post "No Smoking" signs in sufficient location to ensure fire will not be allowed
near corn stalks or flammable areas. (Department of Planning Services)
14 . The applicant shall develop and maintain a plan for emergency medical response for individuals
requiring medical attention on the site and within the corn maze. (Department of Planning Services)
15. The applicant shall continue to follow Traffic Control Plans which conform to the Manual on Uniform
Traffic Control Devices (MUTCD) for all events at this facility. All Traffic Control Plans, at a minimum ,
must contain a flagger control, temporary traffic control signing. and cones. (Department of Planning
Services)
16. Should noxious weeds exist on the property or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds,
pursuant to Section 15-1 -180 of the Weld County Code. (Department of Public Works)
17. There shall be no staging or parking of vehicles on County Road 17 . Utilize on-site parking only
(Department of Public Works)
18. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100. 5. C. R. S. , as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination . (Department of Public Health and
Environment)
19. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act. 30-20-100.5. C. R. S. , as amended. (Department of Public Health and Environment)
20. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions. blowing debris, and other potential nuisance conditions. The applicant
shall operate in accordance with the approved "waste handling plan". (Department of Public Health
and Environment)
21 . Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved "dust abatement plan". (Department of Public Health and
Environment)
22 . This facility shall adhere to the maximum permissible noise levels allowed in the Non-specified Zone
District, as delineated in Section 14-9-30 of the Weld County Code. The facility should operate in
accordance with the Noise Control Plan . (Department of Public Health and Environment)
23. Adequate drinking . hand washing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. As this is a temporary or seasonal use that is utilized 6 months or less per
year, portable toilets and bottled water are acceptable. Records of maintenance and proper disposal
for portable toilets shall be retained on a quarterly basis and available for review by the Weld County
Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner
licensed in Weld County and shall contain hand sanitizers. (Department of Public Health and
Environment)
24. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department
of Public Health & Environment. Water Quality Control Division . (Department of Public Health and
Environment)
RESOLUTION USR14-0033
HANKINS FARMS LLC
PAGE 8
25. The applicant shall comply with Colorado Retail Food Establishment Rules and Regulations governing
the regulation of food service establishments. (Department of Public Health and Environment)
26. If applicable, the applicant shall comply with the Colorado Department of Agriculture (CDA), Division
of Animal Industry. (Department of Public Health and Environment)
27. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
28. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties in accordance
with the plan . Neither the direct, nor reflected. light from any light source may create a traffic hazard
to operators of motor vehicles on public or private streets. No colored lights may be used which may
be confused with. or construed as. traffic control devices. (Department of Planning Services)
29. Building permit maybe required, per Section 29-3-10 of the Weld County Code. Currently the following
has been adopted by Weld County: 2012 International Codes: 2006 International Energy Code; 2011
National Electrical Code: A building permit application must be completed and two complete sets of
engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be
submitted for review. A geotechnical engineering report performed by a registered State of Colorado
engineer shall be required or an open hole inspection . (Department of Building Inspection)
30. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
31 . Necessary personnel from the Weld County Departments of Planning Services, Public Works. and
Public Health and Environment shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations.
32. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans
or Development Standards, as shown or stated. shall require the approval of an amendment of the
Permit by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
33. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may be
reason for revocation of the Permit by the Board of County Commissioners.
34. WELD COUNTY'S RIGHT TO FARM : Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total market
value of agricultural products sold. The rural areas of Weld County may be open and spacious, but
they are intensively used for agriculture. Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the
rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural
activities will generate off-site impacts, including noise from tractors and equipment: slow-moving farm
vehicles on rural roads: dust from animal pens, field work. harvest and gravel roads: odor from animal
confinement. silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and
trapping activities: shooting sports. legal hazing of nuisance wildlife: and the use of pesticides and
RESOLUTION USR14-0033
HANKINS FARMS LLC
PAGE 9
fertilizers in the fields. including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102 , C . R. S. , provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been , and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches. lakes, or other structures. unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3.700) miles of state
and County roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County. and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must
leave their jobs and families to respond to emergencies. County gravel roads, no matter how often
they are bladed. will not provide the same kind of surface expected from a paved road. Snow removal
priorities mean that roads from subdivisions to arterials may not be cleared for several days after a
major snowstorm. Services in rural areas. in many cases, will not be equivalent to municipal services.
Rural dwellers must. by necessity. be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting . Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines. territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their
safety , but also for the protection of the farmer's livelihood.
Pc, rata - / q -- / c/
Commissioner Smock wished to clarify if the haul route will travel through Grover. Chris Zadel, 11298 CR
17, said that most of the activity is south and east and added that they will most likely travel on County
Road 110 and go north to the facility on County Road 89.
The Chair asked if there was anyone in the audience who wished to speak for or against this application .
No one wished to speak.
Motion : Delete Development Standard 3 as stated by staff, Motion by Jordan Jemiola. Seconded by
Joyce Smock. Motion carried unanimously.
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
Motion : Forward Case USR14-0032 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Joyce Smock. Seconded by Bruce Johnson.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Johnson. Bruce Sparrow. Jason Maxey, Jordan Jemiola. Joyce Smock, Michael Wailes, Nick
Berryman , Terry Cross.
The Chair called a recess at 2:44 pm and reconvened the hearing at 3:00 pm.
CASE NUMBER: USR14-0033
APPLICANT- HANKINS FARMS LLC
PLANNER: DIANA AUNGST
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A RECREATIONAL FACILITY, WITH USES SIMILAR TO THOSE
SEEN AT A GUEST FARM AND FAIRGROUNDS, IN THE A (AGRICULTURAL)
ZONE DISTRICT.
LEGAL DESCRIPTION : LOT B REC EXEMPT RE-3901 BEING PART OF THE N2NE4 SECTION 20.
T5N. R67W AND PART OF THE S2NE4/E2SE4 SECTION 20, T5N. R67W OF
THE 6TH P. M. . WELD COUNTY COLORADO.
LOCATION WEST OF AND ADJACENT TO CR 17, NORTH OF AND ADJACENT TO CR 54
Commissioner Wailes noted that he knows the applicant and many of the surrounding property owners
but feels that he can make a fair and impartial judgment. The Chair asked if he has received any financial
benefit. Mr. Wailes replied no. The Planning Commission stated that they have no concerns with him
hearing this case.
Diana Aungst; Planning Services. presented Case USR14-0033, reading the recommendation and
comments into the record. Ms. Aungst stated that staff has received one phone call and three letters from
surrounding property owners with concerns related to trash , dust, alcohol . noise. traffic. lighting, aviation
activities, security and the corn, egg and pumpkin cannons. The Department of Planning Services
recommends approval of this application with the attached conditions of approval and development
standards.
Additionally. referral comments were received from the Weld County Traffic Engineer on Monday. August
18"', and Ms. Aungst stated that staff would like to add a Condition of Approval to the staff report.
Don Carroll. Public Works, reported on the existing traffic. access and drainage conditions and the
requirements on site. Mr. Carroll noted that CDOT has submitted a referral comment that indicates most
of the traffic numbers are high to begin with and they recommended allowing the facility to operate for one
year and then have an opportunity to review it again to see if additional improvements will be required at
the intersection of Highway 34 and County Road 17.
Commissioner Sparrow asked to clarify if the turn lanes will be required after one year. Janet Lundquist,
Traffic Engineer, said that these types of proposals are hard to predict for traffic projection. She added
that very often they don't see the volume of traffic that they are proposing : therefore tho
make the requirement to extend turn lanes until there is a documented traffic number. EXHIBIT
arcs I -003
lc ;ti
Commissioner Johnson asked how we could ensure that this would be included if improvements are
required . Ms. Lundquist said that it would be added as a condition of approval under the access permit.
Lauren Light. Environmental Health , reviewed the public water and sanitary sewer requirements. noise
management, on-site dust control, and the Waste Handling Plan . Ms. Light recommended adding "The
facility should operate in accordance with the Noise Control Plan" to Development Standard 22 .
Darren Hankins, 943 North 7th Street. stated that they are requesting to utilize the property as an Agri-
tourism property . The facility will be seasonal from May 8th to November 8`h. Some activities will include
a corn maze, pumpkin patch , outdoor activities that will include paint ball , petting zoo. hay wagon rides,
zip lines. corn cannon , and live music concerts. He stated that they hope to draw an average of 300
patrons per day.
Commissioner Jemiola asked if there is enough parking with 300 vehicles per day with the potential of
500-1000 vehicles per day on the weekend and asked how long he would anticipate those visitors staying
on site. Mr. Hankins said that it might be a 2 to 3 hour event and added that there are 230 proposed
parking spaces with additional pasture that can be utilized for parking .
In response to Commissioner Wailes inquiry. Mr. Hankins said that these activities will occur on non-
productive farmland .
Commissioner Wailes referred to the proposed air show and asked if that will operate. Mr. Hankins said
that it is a wish of his to have since his grandfather was a pilot but added that if it is a big concern then it
won't be an issue to take that out.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Linda Kautz. 7651 CR 54, stated that she does serve on the Weld County Board of Health. She lives
directly south of the proposed facility. She referred to the Weld County Right to Farm Statement which
states that water is the lifeline for the agricultural community. She stated that they have cattle and horses
in their pasture which depend upon the water from the slough that runs through the subject property. She
is concerned that the water will be fouled with mud and runoff from parking areas and trash and it will
become unusable for their livestock. Additionally. she stated that the proposed uses are not an
appropriate use of this area nor is it compatible with this agricultural area.
Commissioner Berryman asked if there are any changes to this proposal that could mitigate these issues
or if Ms. Kautz is just opposed to this operation. Ms. Kautz replied that the proposal is not a good fit for
the area and is concerned with the traffic in the area. She added that she values the rural nature of her
neighborhood and doesn't want to see this facility here.
Robin Acromite. 249 Rock Bridge Lane, owns a lot in Coyote Run Subdivision , Windsor, stated that she is
in favor of this proposal because of the family and fun time involved with the corn mazes. She is
concerned with the noise and trash but is happy to see this proposal .
Leslie Shoecraft, 25973 CR 17, said that she is the closest residence to the property . She would like to
see anything related to airplanes and helicopter taken out as it is unsafe and loud. She asked if someone
would be available at 8 pm on a Saturday evening if she calls to complain about the noise. Ms. Light said
that someone is on call 24 hours per day, 7 days a week. She added that the issue is that the on call
person will need to travel to the site and the activity may or may not be occurring when they get there.
Ms. Shoecraft stated that she is concerned as it could be 2 hours before it could be metered . Ms. Light
said that if it becomes an issue, the Health Department can loan out a noise meter to the citizen .
Commissioner Wailes asked if the noise meter can determine if the noise is coming from the corn maze
or traffic from the 4-way stop. Ms. Light said that the on call personnel would take into account the
background noise.
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Phil Hein stated that he owns property south of County Road 54. adjacent from the proposed site. He
said that he is opposed to the location of this proposal . He added that there is a lot of traffic and it is
always backed up from the intersection to his driveway. Additionally, he is concerned about security on
site and drainage from the property.
Commissioner Maxey asked staff is there are any proposed planned improvements to the intersection of
County Road 17 and County Road 54. Ms. Lundquist stated that they are putting together a 5-year plan
for Weld County. She added that this intersection is on that list to be examined: however. she cannot say
at this time what type of improvements will be made.
Commissioner Smock asked if there have been a lot of accidents at the intersection of County Road 54
and County Road 17. Ms. Lundquist said that that there is but it appears that the majority of the
accidents are driver error such as running through stop signs, etc.
Donald Kautz. 7651 CR 54, stated that he has lived there for 9 years. He said that the peak traffic for the
proposed facility will be the same time that the intersection is backed up. He is concerned about the dust
and trash from this facility.
Commissioner Maxey asked if these concerns could be mitigated. Mr. Kautz said that he is not in favor of
this request. He added that the applicant has offered to take the helicopter off but he is concerned that if
this is approved the applicant may be back in a year with additional ideas.
Bobby (inaudible), represents Apex Vista. LLC. 506 Shasone, Cheyenne, Wyoming. He stated that he
has many of the concerns as stated previously. He stated that he hopes this will not be transferred to any
new potential owners. He asked if anything else added would be heard at a future hearing or if it would
be an administrative approval. Ms. Aungst said that if there are any changes to the USR Permit, it would
be reviewed by staff and determined if it falls into a Minor Amendment or Full Amendment. With all
amendments to the USR Permit. surrounding property owners within 500 feet of the property are notified.
The Minor Amendment is approved administratively however if there is more than 30% opposition it will
be scheduled for a Board of County Commissioner hearing. If it is a Full Amendment, then it will follow
this same process as today.
The Chair asked the applicant to address these concerns.
Mr. Hankins said that there will be security on site during the night. He said that during the day it is very
family oriented and doesn't know if security will be necessary. however he added that during the evening
there will be security on site.
Mr. Hankins said that he anticipates most of the traffic to come from Highway 34. He added that dust
mitigation will be a challenge and hopes that it will be communicated to him when there is a problem.
Commissioner Maxey referred to the list of proposed activities and recommended that the applicant look
at the list and make it a firm list prior to the Board of County Commissioner hearing.
Commissioner Wailes asked if the activities would occur over the weekends or during the week. Mr.
Hankins said that he anticipates it during the weekend but if it takes off would like to be open during the
week.
In response to Commissioner Maxey's inquiry, Mr. Hankins said that with his parents living on the
property they don't want dust either. He added that the mag chloride will help with dust suppression and
the pasture will need to be watered often to control the dust. Mr. Hankins stated that he will ensure that
his staff will be picking up trash during the events. He added that the drainage from the site will be
controlled by the proposed water quality feature, as required .
The facility should operate with the noise control plan.
Motion : Amend Development Standard 22 as stated by staff. Motion by Nick Berryman . Seconded by
Joyce Smock. Motion carried unanimously.
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Ms. Aungst requested adding Condition of Approval 1 . G to read -The applicant shall address the
requirements of the Weld County Traffic Engineer, as stated in the referral response dated August 18,
2014. Evidence of such shall be submitted, in writing , to the Weld County Department of Planning
Services. "
Commissioner Maxey asked about requiring a right-in, left-out only turn lane if you are heading south on
County Road 17. Ms. Lundquist stated that this requirement may be added as a condition of approval for
their Access Permit. Mr. Hankins said that is a good idea but didn't know how he can direct traffic to go
that way. Ms. Lundquist said that it would require additional staff for traffic control. Mr. Hankins said that
would be helpful for at closing time.
Motion : Add Condition of Approval 1 . G as stated by staff, Motion by Jordan Jemiola, Seconded by Nick
Berryman . Motion carried unanimously.
Ms. Aungst said that the applicant indicated that he would like to start at 9 am on Saturdays; therefore
staff would like to request an amendment to Development Standard 4 to reflect that change. Additionally.
Ms. Aungst requested to amend Development Standard 6 from June 1 to May 1 .
Motion : Amend Development Standard 4 as stated by staff. Motion by Bruce Sparrow, Seconded by
Michael Wailes. Motion carried unanimously.
Motion : Amend Development Standard 6 by changing June 1 to May 1 , as stated by staff. Motion by
Nick Berryman, Seconded by Bruce Johnson . Motion carried unanimously.
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
The Chair announced that this case will be heard by the Board of County Commissioners on September
3, 2014 and invited everyone to that hearing.
Commissioner Sparrow said that the traffic is going to be a real problem for the people who live out there.
He doesn't have a solution for it unless the County installs a light at the intersection of County Roads 17
and 54 as well as improvements on Highway 34.
Commissioner Johnson shared the same concern regarding traffic. He likes to see these things occur in
the agricultural area: however it also causes its own set of problems.
Commissioner Wailes said that there really isn't a solution to the traffic. He said that he currently lives in
this area and added that the existing traffic is an issue. He added that there may be some traffic coming
from Loveland and Greeley on County Road 54 but believes the bulk of the traffic will be coming from
Highway 34 south onto County Road 17.
Commissioner Jemiola said that this is an interesting way to preserve some agricultural land and believes
that there are other alternatives for zoning and development throughout the County. He can see from the
maps that the subdivisions are encroaching on the agricultural lands. He thinks it is a great way to blend
some of the urban and rural developments.
Commissioner Smock stated that she is concerned with the traffic but is also concerned about
compatibility. She added that she is concerned with adding the helicopter and aircraft activities because
of the agricultural nature of the area.
Commissioner Berryman said that the biggest difficulty is the traffic impact and that the current
infrastructure (intersection) isn't built to accommodate the additional peak traffic. He both likes and
dislikes the location and believes some of the natural terrain features might help with some of the noise
and nuisance mitigation .
Commissioner Cross is concerned with the traffic impact and the drainage on site.
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Commissioner Maxey also agreed with the traffic comments. He commended the applicant with all of the
research he has done. He commented that places like Fritzler's and Anderson's exit pretty much directly
onto a State Highway. He believes this is a difficult decision .
Motion : Forward Case USR14-0033 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Bruce Johnson. Seconded by Michael Wailes.
Vote: Motion passed (summary: Yes = 6, No = 2, Abstain = 0).
Yes: Bruce Johnson. Bruce Sparrow, Jason Maxey, Jordan Jemiola, Michael Wailes, Terry Cross.
No: Joyce Smock, Nick Berryman.
Commissioner Sparrow encouraged the applicant to resolve some of these concerns.
Commissioner Berryman said that there are reasons within the Code to support this application and
encourage it; however he is not entirely comfortable with the traffic that will be coming to this site. He
cited his unfavorable vote due to compatibility and cited Section 23-2-220.A.
Commissioner Smock said that she doesn't believe it is compatible with the surrounding area.
Commissioner Wailes said that this is a difficult case and added that his decision will also affect him since
he lives in this area. Because this is a seasonal activity he is in favor of this request. He believes the
bulk of the traffic and activity will happen in a small time frame. Mr. Wailes said that when we talk about
traffic issues he often thinks if a spike in the traffic actually be better to bring about a quick solution to the
already existing concerns.
Commissioner Maxey agreed with Mr. Berryman in that we look at the Weld County Code and if it is
compatible and added that if it is not compatible can they be mitigated for these cases. He said that the
applicant has a lot of work to do before the County Commissioner hearing and encouraged the applicant
to open up communication with the surrounding property owners_ He believes that these mitigation
factors can be controlled and that the applicant can work with the neighborhood to make this a viable
operation . He also agrees with the neighborhood that some of the activities on the proposed list are not
compatible.
The Chair called a recess at 5:29 pm.
The Chair reconvened the hearing at 5:39 pm and noted that Jordan Jemiola. Bruce Johnson. and Nick
Berryman left the meeting .
CASE NUMBER. USR14-0027
APPLICANT MICHAEL DECKER, C/O MILLER HFI , LLC
PLANNER DIANA AUNGST
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES
INCLUDING OIL AND GAS SUPPORT AND SERVICE (AN OIL AND GAS
ROUST-A-BOUT TO INCLUDE A 16.500 SQUARE FOOT SHOP. PARKING
FOR COMMERCIAL AND EMPLOYEE VEHICLES) IN THE A
(AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION : LOT B REC EXEMPT RE-4174, PART W2NW4 SECTION 1 . T3N . R67W OF
THE 6TH P M. WELD COUNTY COLORADO
LOCATION SOUTH OF AND ADJACENT TO CR 38: APPROXIMATELY 0.75 MILES WEST
OF CR 25.
Diana Aungst. Planning Services. presented Case USR14-0027. reading the recommendation and
comments into the record . Staff has received 13 letters regarding this case. Ms. Aungst noted that 3 of
the letters are from surrounding property owners and 10 letters of support from friends and family for the
property owner located south and adjacent to the site. She added that the letters express concerns
regarding noise, dust. views, traffic, and property values. A neighborhood meeting was held on August 9.
2014 and a revised site plan was submitted by the applicant as a result of this meeting . This revised site
plan shows that the facility is relocated closer to the road and some landscaping added along the west
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