HomeMy WebLinkAbout20142631.tiff HEARING CERTIFICATION
DOCKET NO. 2014-65
RE: 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- HANKINS FARMS, LLC
A public hearing was conducted on September 3, 2014, at 10:00 a.m., with the following
present:
Commissioner Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem - EXCUSED
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner William F. Garcia
Also present:
Acting Clerk to the Board, Susan Brown
Assistant County Attorney, Brad Yatabe
Planning Department representative, Diana Aungst
Public Works representative, Don Carroll
Health Department representative, Lauren Light
The following business was transacted:
El I hereby certify that pursuant to a notice dated July 24, 2014, and duly published July 29,
2014, in the Greeley Tribune, a public hearing was conducted to consider the request of
Hankins Farms, LLC, for 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. Brad Yatabe, Assistant County Attorney, made
this a matter of record.
El Chair Rademacher advised Darren Hankins, applicant, that, since Commissioner
Kirkmeyer was not able to be present, he had the option of continuing this matter to a date with
the full Board present. However, if he decides to proceed today, it will require three affirmative
votes, or in the case of a tie vote, Commissioner Kirkmeyer will listen to the record and make
the determining vote. Mr. Hankins indicated he would like to proceed.
El Diana Aungst, Department of Planning Services, presented a brief summary of the
proposal and entered the favorable recommendation of the Planning Commission into the
record as written. She reviewed possible activities and the seasonal nature (May-November) of
an agri-tourism enterprise. Ms. Aungst stated staff 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 cannons. The closest residences are 130 feet to the
south and 520 feet east of the proposed activities at the site. She showed images of the site
and surrounding properties and reviewed the site layout.
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Don Carroll, Department of Public Works, provided a brief overview of the transportation
plans and requirements. The main access will be from County Road 17, with an emergency
assess point to the north. Because this area already has a high volume of traffic, CDOT
recommended that, if approved, the facility operate for one year at which time the intersection of
U.S. Hwy 34 and County Road 17 be evaluated for additional improvements. The Department of
Public Works is requesting a Stop sign for entering onto County Road 17.
El Lauren Light, Department of Public Health and Environment, reviewed the water and
sewer provisions. She said bottled water and portable toilets are fine, with a hand-washing
station next to the proposed petting zoo. In light of the Planning Commission Hearing the
applicant agreed to remove aviation aspects of the proposal, and noise is restricted to the Non-
Specified Zone (the same as Residential). The applicant asserts staff will be measuring the
noise levels to maintain compliance; Development Standard#22 addresses that issue.
Darren Hankins, applicant, gave an overview of the project. He stated opening and
closing times will be from 9:00 a.m. to 10:00 p.m., Wednesday— Sunday. He reviewed potential
activities, signage, interior road maintenance, waste management, and emergency response
provisions. There will be two acres of parking on pasture ground to accommodate up to 200
vehicles, with overflow and handicap parking available, and temporary tents will be erected. He
said the corn maze will be the main attraction, noise will be monitored around the site to prevent
violations, and he described the water quality feature in detail. Mr. Hankins said he talked with
William Edwards, neighbor, and agreed the property will not be used for commercial shooting,
or cross tracks. They are expecting up to 300 visitors at peak hours on weekends, sound
barriers will be erected, and concerts will face north and not exceed decibel limits. There are no
plans to serve alcohol on the site. His family has farmed this land for 104 years and this
remains a working farm. In response to Commissioner Conway, Mr. Hankins described the
concerts as community-based events, rather than touring events or concerts with national
artists. In response to Commissioner Garcia, Ms. Aungst said that the intent of Development
Standard #6 is to allow activities to be added via minor amendment with approval by staff and
notification to the surrounding property owners, and possibly public hearings. In response to
Chair Rademacher, Mr. Hankins confirmed that all aviation activities were removed from their
request. Chair Rademacher questioned the availability of parking for the maximum number of
visitors (500). Mr. Hankins confirmed the pastures are also available for parking. He also
confirmed he has access from the ditch company in writing. He said he is in communication
with the Fire Marshall, and the Board requested he talk to the County's Office of Emergency
Management. In response to Commissioner Garcia, Mr. Hankins said that these hours of
operation are comparable to other agri-tourism operations in this area.
IR Tom Shoecraft, surrounding property owner, said he is opposed to the project. He said
that he has video footage of traffic. He said nowhere in the statute's definition of agri-tourism
does it mention concerts, paint-ball, etc. He is concerned about the decibels, an average
concert will be at 110 decibels, and decibels are a factor of 10. The County has offered to lend
him a sound meter, but unless that is recorded it is not official, and he would suggest a
permanent system is set up to monitor the project. Mr. Shoecraft said Mr. Hankins lives in
Johnstown and not on the property. He addressed traffic, showed 11 consecutive days of traffic
photos, marked Exhibit G, and asserted there have been several injury accidents at this
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intersection. In summary, he said this is a quality of life issue and they should not have to give
that up for a business with special variances. In response to Commissioner Conway, Mr.
Shoecraft said live music tends to register around 110, and sound barriers will not be able to
lower that to the legal level.
El Don Kautz, surrounding property owner on County Road 54, spoke in opposition. He
stated that the lay of the land makes the venue higher that all of the surrounding properties,
therefore, whatever sound barriers are put up will not be enough. He stated that the one year
review process is not adequate, and expressed worries that, after initial approval, the business
will be able to add whatever activities they wish with minimal review. He added that he does not
feel this connects in any way to the 'spirit of agriculture' for urban visitors.
e Phil Hein, surrounding property owner, stated concerns around noise, traffic and pollution.
He explained that the site drains into his pond and then to the Big Thompson River, and
livestock depend on this water. He worked for fairgrounds many years and people can
misbehave, he has seen it, and he hasn't heard anything pertaining to security. He said he has
not been contacted by the applicant, other than the postcard, which doesn't indicate that
Mr. Hankins will be a good neighbor.
• Mr. Hankins addressed the traffic issue and the future growth in the area. He said this
property means a great deal to his family, and he has no intention of 'trashing' it and asserted
that this does connect urban people to farming, which may help the agricultural community.
IR Chair Rademacher asked about the magnesium chloride put on the roads, and Mr.
Hankins replied that he understands that it is environmentally friendly. Mr. Hankins then
addressed the noise and concert issues. He affirmed activities will be very limited the first year
of the venture to work out the kinks, and geared toward families with younger kids. Chair
Rademacher suggested that Mr. Hankins should have had a community meeting. Mr. Hankins
said that he did not expect opposition, but will gather contact information for the neighbors, and
be open to addressing any issues that come to him. He also addressed security, saying
security staff will be present at night, and possibly during the day as well. IR In response to
Commissioner Garcia, Ms. Light said the applicants will have to comply with the legal decibel
limits for this zone, 55 decibels during the day and 50 at night, and a typical concert is at 130
decibels. A reading would be taken from the closest property line to the resident. Commissioner
Conway stated common sense indicates noise complaints would likely come from the
subdivision to the south before those to the north. Commissioner Conway explained the
difference between a major modification and a minor modification, and Ms. Aungst confirmed a
minor amendment is reviewed by staff, notification is provided to surrounding property owners,
and there is the possibility of a public hearing, while a major amendment will go through the
same process as led to this hearing.
El Chair Rademacher referred to Condition of Approval #1.G as confusing. Janet Lundquist,
Department of Public Works, explained traffic triggers and why it is logical for those
requirements to be delayed. She said it's hard to predict business volume, but her department
would like a yearly review. Chair Rademacher then addressed Development Standard #5, and
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said that the three references to airborne vehicles for the purpose of entertainment will be
removed; done by assent of the Board. Lastly, he requested the specific reference to 'corn
stalks' be removed from Development Standard#13; also done by assent of the Board.
.El In response to Chair Rademacher, Mr. Hankins indicated he has reviewed, and agrees to
abide by, the Conditions of Approval and Development Standards, as amended.
.IR Commissioner Garcia thanked those who came to voice their concerns, and expressed
disappointment there wasn't more outreach to the community/neighbors, such as a community
meeting. He said Mr. Hankins will need to rebuild and strengthen those relationships. He spoke
regarding aviation entertainment and told a story regarding connecting people, especially city
kids, to agriculture as the source of food via agri-entertainment. Commissioner Conway
concurred with his fellow commissioners, and added that the growing urban/rural divide in
society is a real problem. He noted there are worse things that could come to a neighborhood,
such as a subdivision, and this will be a positive experience for kids from urban areas, perhaps
their first exposure to agriculture. He warned that noise is of concern and if the noise levels are
over limit the applicant could be back before the Board, and he also addressed the traffic
issues. concurred
Commissioner Freeman with all the comments of his fellow
commissioners, especially the connection to agriculture for kids today. He said he understands
the neighbors' concerns but is in favor of the project. le Chair Rademacher added that there
are challenges ahead for the applicant, as similar businesses in the County have failed.
E Commissioner Garcia moved to approve the request of Hankins Farms, LLC, for 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, based on the recommendations of Planning staff and the Planning Commission,
with the Conditions of Approval and Development Standards as entered into the record. The
motion was seconded by Commissioner Freeman, and it carried unanimously. There being no
further discussion, the hearing was completed at 11:54 a.m.
This Certification was approved on the 8th day of September, 2014.
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BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO o
ATTEST: vti /
ouglab Rademacher, Chair
Weld County Clerk to the Board
XCUSED
(l� l) rbara Kirkmeyer, Pro-Tern
De• t Clerk to he Boar.�� - ` ���
1Cn P. Conway
Mike Free
Willi F. arcia
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