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Home My WebLink About20123018.tiff HEARING CERTIFICATION DOCKET NO. 2012-80 RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND MINOR SUBDIVISION FINAL PLAN, MINF12-0001, FOR A NINE (9) LOT MINOR SUBDIVISION IN THE 1-3 (INDUSTRIAL) ZONE DISTRICT - BIG THOMPSON INVESTMENT HOLDINGS, LLC A public hearing was conducted on October 31, 2012, at 10:00 a.m., with the following present: Commissioner Sean P. Conway, Chair Commissioner William F. Garcia, Pro-Tem Commissioner Barbara Kirkmeyer Commissioner David E. Long Commissioner Douglas Rademacher Also present: Acting Clerk to the Board, Esther Gesick Assistant County Attorney, Brad Yatabe Planning Department representative, Tom Parko Public Works representative, Heidi Hansen Health Department representative, Lauren Light The following business was transacted: IR I hereby certify that pursuant to a notice dated September 28, 2012, and duly published October 3, 2012, in the Fort Lupton Press, a public hearing was conducted to consider the request of Big Thompson Investment Holdings, LLC, for Site Specific Development Plan and Minor Subdivision Final Plan, MINF12-0001, for a nine (9) lot minor subdivision in the 1-3 (Industrial) Zone District. Brad Yatabe, Assistant County Attorney, made this a matter of record. VI Tom Parko, Department of Planning Services, presented a brief summary of the proposal, with specific future uses to be reviewed through the Site Plan Review process. He gave a brief review of the surrounding land uses and referral responses, and entered the favorable recommendation of the Planning Commission into the record as written. Mr. Parko displayed the proposed site layout map and photographs of the site and surrounding properties, and addressed questions from the Board regarding the Planning Commission vote and comments from the School District. IR Heidi Hansen, Department of Public Works, provided a brief overview of the transportation plans and requirements, which will be reviewed in further detail with each of the individual Site Plan Review applications. Fl Lauren Light, Department of Public Health and Environment, reviewed the water and sewer provisions. Cl\-' PLlvw,ort- 2012-3018 12 AD--1a- PL2147 HEARING CERTIFICATION - BIG THOMPSON INVESTMENT HOLDINGS, LLC (MINF12-0001) PAGE 2 IR In response to Commissioner Rademacher, Mr. Parko addressed the comments in the School District's letter and forwarded a copy to the Board and PW staff. F Tim Naylor, AGPROfessionals, LLC, represented the applicant and displayed a PowerPoint presentation, marked Exhibit E. He stated Change of Zone was approved in the spring of 2012, and development will depend on market conditions. He reviewed the application obligations, per the Weld County Code, the proposed site layout, utilities, access, and traffic flow diagrams. He indicated the traffic count reflected a potential for 5,000 daily trips; however, this site is limited by septic system capacities and will not accommodate that type of intensity. F Mr. Naylor also discussed the applicant's attempts to address the neighbors' concerns. ID Mr. Naylor addressed questions from the Board regarding access to the nearby Weld County Grader shed, which is a concern for the Departments of Buildings and Grounds and Public Works. El Janet Carter, Department of Public Works, clarified the discussion is tied to the timing and release of the access for the existing Grader shed. El In response to Commissioner Kirkmeyer, Mr. Naylor reviewed the regulations limiting the septic systems' capacities in relation to the lot sizes. Responding further to Commissioner Kirkmeyer, Ms. Carter stated staff is willing to discuss the option of a right-in/right-out access on CR 44 and the proposed acceleration/deceleration lanes will address safety requirements. She also explained the Traffic Study evaluation and calculation was based on acreage and allowed industrial uses; however, it did not take the site limiting factors into account. El Chair Conway invited testimony from members of the public who cannot return after the lunch hour. Robin Denmin, Gilcrest resident, expressed concern with traffic safety on CR 44. F Mr. Yatabe noted the Planning Commission minutes are accurate; however, the vote reflected in the Resolution is incorrect and will be corrected for the record. El Chair Conway recessed the hearing until 1:00 p.m. Upon reconvening, Cheryl Clausen, surrounding property owner to the east, expressed opposition to proposed intensity of the potential uses and the County's plan to relocate the Grader shed to the detriment of the residents in the area. Ms. Clausen also expressed concern with stormwater drainage and requested the school district letter be read for the record. El Jose Cervantes, surrounding property owner, expressed concern with the potential increase for truck traffic. F Joel Kilpatrick, surrounding property owner, expressed concern with the potential increase for truck traffic and requested a limit on the maximum truck trips generated and that the routes be specifically defined and mitigated. El Lynette Kilpatrick, surrounding property owner, challenged the Board to take personal responsibility for the negative impacts which result from approval of this application. 2012-3018 PL2147 HEARING CERTIFICATION - BIG THOMPSON INVESTMENT HOLDINGS, LLC (MINF12-0001) PAGE 3 El Arturo Cervantes, surrounding property owner, expressed concern with the safety of the children riding the school bus and the potential increase of accidents due to congestion of industrial uses. In response to Chair Conway, Mr. Cervantes indicated the location of the school bus pickup/dropoff locations along CR 44. He addressed questions from the Board regarding the current school bus route conditions. There being no further comments, Chair Conway closed public testimony. El In response to questions from the Board, Ms. Carter provided the traffic counts and truck percentages on CRs 44 and 33, as well as the percentage of growth. El Brad Yatabe read the letter from Dr. Jo Barbie, Superintendent of School District RE-1, dated October 25, 2012, for the record. Fl In response to Commissioner Kirkmeyer, Ms. Carter confirmed the intersection at CR44 and U.S. Highway 85 does not currently warrant a traffic signal. She reviewed the construction schedule for installation of the signal, and an estimated growth rate. Tom Haren, AGPROfessionals, LLC, discussed the Change of Zone and land use review process and how the Traffic Study was generated without a specified use(s). He clarified as each lot is sold, a separate Site Plan Review will be subject to review by staff, referral entities, and public input regarding the specifics included in the application. El Tim Naylor stated he spoke with Dr. Barbie on Monday to explain the traffic situation and discuss the safety concerns of the School District. He addressed questions from the Board regarding the internal speed limit, the access onto CR 44, arid the inclusion of Condition of Approval #3.AA to provide public notice to property owners within 500 feet of the subdivision, not just the individual lots. ID Mr. Parko added Phase 1 of the Citizen Access portal will be available very soon to extend access to the public record. El In response to Commissioner Kirkmeyer, Mr. Naylor confirmed there will be no internal access to the ditch rider's road, and Mr. Parko suggested clarifying language be added to Condition of Approval #2.H. Commissioner Rademacher disagreed and indicated the issue should be addressed between the two private property owners. Mr. Parko stated the Ditch Company did not respond to the referral request. Responding further to Commissioner Kirkmeyer, Ms. Hansen clarified the release rates allowed under the drainage regulations. El In response to Commissioner Kirkmeyer, Ms. Carter provided an explanation of the national standards used to establish the improvements agreement and how the triggers are determined in requiring additional improvements. She also discussed the improved conditions with the relocation of the grader shed, which will be held to current standards. Fl Responding further to Commissioner Kirkmeyer, Ms. Carter and Mr. Parko addressed the Highway access extending from the Hunt-Wiedeman Subdivision. Ms. Carter also reviewed other intersections which are technically the "most dangerous" intersections in the County. 2012-3018 PL2147 HEARING CERTIFICATION - BIG THOMPSON INVESTMENT HOLDINGS, LLC (MINF12-0001) PAGE 4 ID In response to Chair Conway, Mr. Naylor stated the applicant would like to request an early release of the building and grading permits, subject to certain agreements. Mr. Parko stated staff will work with the applicant to address this matter. Mr. Parko proposed Condition of Approval #2.H include additional language to read, "The ditch road will not become an access for users within the Subdivision." Following discussion, the Board agreed to include the following as the second sentence of Condition of #2.H: "The Western Mutual Ditch road shall not be utilized for subdivision use,"and to modify the last sentence of criteria paragraph #2.A.15 to state, "Weld County School District RE-1 submitted a letter of concern regarding traffic impacts, based on the assumption of 5,000 vehicles." El Commissioner Rademacher stated it is difficult to mitigate an unknown use; however, CR 44 is already a heavily used road. He stated the proposed revisions addressed concerns regarding the Western Ditch, and all of the future uses will go back through the public review process. ID Commissioner Garcia commented the School District needs to address the bus stop issue on CR 44, and appreciates the applicant's willingness to notify the property owners within 500 feet of the development; not just the individual lots. El Commissioner Long agreed with the previous comments regarding the future review of the proposed uses. Commissioner Kirkmeyer also agreed with the previous comments and stated the Board is charged to ensure compliance with Section 24-3-60.O. She stated many of the initial impacts are being addressed through this part of the process and the site-specific items will be reviewed on a lot-by-lot basis as the site begins to develop. ID Chair Conway thanked the members of the public for attending and contributing to the process. He concurred the public notice by the applicant is unprecedented and he urged the area residents to remain actively involved as future uses are reviewed. He also agreed the County should encourage the School District to reassess its School Bus route on an already busy CR 44. Commissioner Kirkmeyer added the relocation of the Grader shed will improve the safety of the traveling public by removing it from CR 44 to a much less traveled gravel road. She also endorsed beginning to work with all of the school districts that encompass major arterials to begin assessing the bus stop safety. Chair Conway agreed. IR Commissioner Rademacher moved to approve the request of Big Thompson Investment Holdings, LLC, for a Site Specific Development Plan and Minor Subdivision Final Plan, MINF12-0001, for a nine (9) lot minor subdivision in the 1-3 (Industrial) 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. His motion included amending criteria paragraph #2.A.15 regarding the School District concerns, adding a second 2012-3018 PL2147 HEARING CERTIFICATION - BIG THOMPSON INVESTMENT HOLDINGS, LLC (MINF12-0001) PAGE 5 sentience to Condition of Approval #2.H to read, "The Western Mutual Ditch road shall not be utilized to subdivision use," and adding Condition of Approval #3.AA to require the applicant to notify the surrounding property owners within 500 feet of the subdivision, as recommended by the Planning Commission. The motion was seconded by Commissioner Long, and it carried unanimously. There being no further discussion, the hearing was completed at 2:23 p.m. This Certification was approved on the 5th day of November, 2012. I BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTES lirtww p+M/NAA+t:4 4\441/4/ ,-7 `` Sean Conway, Chair Weld County Clerk to the Board Willis F. ia, Pro em BY: , Deputy Cler to the Bo C1ra Kirkmeyer .F 1�� CN� ._. ' David E. Long Douglas/Rademac r 2012-3018 PL2147 • • ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 31ST DAY OF OCTOBER, 2012: DOCKET#2012-75 - DOUGLAS AND DEBORAH DUGGAN DOCKET#2012-79 - LEONARD AND JANYCE HARMS DOCKET#2012-78 - O&M HARMS, LLC DOCKET #2012-80 - BIG THOMPSON INVESTMENT HOLDINGS, LLC PLEASE legibly write or print your name and complete address. NAME ADDRESS John Doe 123 Nowhere Street, City, State, Zip �, I��dc7 5_27/51i.1?e/ _ 5?`� u erg' / � &f.208z.. c_/,74,c, , o 6.27i5 tcm /.3F, /rte- ,Z( l( CI eS7.2 /ri,-4 1cfs{t S' & g.s11.7 tee to /// 6 rat '2 rJ S'c)7C1 itiLa,, ctrnnS' e 9au tde /ii G (Le (CO Se7C27 n tia-Wks• e/il 6 r°flierC"c) c7,-) 7c1/ X11 G,C1 -b�C� LI , ��lG�I � G� - (1r � Ui� CO r cl r c) �i /SS'`//c W C�. ��f, St o2 -4stL-<� a. ? s43" 1 jna-klt Hilt) f riclS lt7 ( '7 WIZ 3 3 L,< - /le (0 2ec, LC?r4�� Ki 'a,Plrle 00`4, 7 C.Jfi23 /i.cs',//e ' (r) cciq AS,//,e CO (-.)6, 4<S 4. r7 � I5n-- 41/94 (// if,r V(1 ,1 a S, //c e ei9�1-4 �/ & ),147,r- � tc�se �' / bYcY Rd E`( p�r� 5 n)It co i1 heiCh. ) /} 7L7z Wed RGfr Se-or-7 2"1 /0 cu cAftits 1677Y 42C-ink '14' LaSc,fit CO F06(-C, Gtgl \b16iL J Ck. u� l,Uc\\j (� t(\jut-AL) • ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 31ST DAY OF OCTOBER, 2012: DOCKET#2012-75 - DOUGLAS AND DEBORAH DUGGAN DOCKET#2012-79 - LEONARD AND JANYCE HARMS DOCKET#2012-78 - O&M HARMS, LLC DOCKET#2012-80 - BIG THOMPSON INVESTMENT HOLDINGS, LLC PLEASE legibly write or print your name and complete address. NAME ADDRESS John Doe 123 Nowhere Street, City, State, Zip l,k-n3 on-L-L 3 t--1 t-D-1 06 i V y C- Cs2/t4 ct c-7 , cz` o & 3 ) -7;rrr Mer k IA.sO,\. 0%35,3TeX %2 1. �� , //P, ie. 2 75 Jct \ Crest i - -0714A:4 laa ] l//7Vpr (o &) 3Y bnU0S-lt6J 11-05 wz EI �bt\\.. Sk . PM3ai3`( Fa lei , /Dia, C� �J�.�t du X tm V 3 / Ô fr ,v C.criew5Ki �t3SoorHi; hwc (of°, / 4,3 ,164,F < o g 050 Hello