HomeMy WebLinkAbout20053690.tiff HEARING CERTIFICATION
DOCKET NO. 2005-91.A
RE: SITE SPECIFIC DEVELOPMENT PLANAND USE BYSPECIALREVIEWPERMIT#1528
FOR A BUSINESS PERMITTED AS A USE BY RIGHT,ACCESSORYUSE, OR USE BY
SPECIAL REVIEW IN THE COMMERCIAL ZONE DISTRICT (WHOLESALE TRADE
ESTABLISHMENT FOR THE SALE OF NURSERY STOCK AND HARDLINE
PRODUCTS PRODUCED AND IMPORTED TO THE SITE) IN THE A(AGRICULTURAL)
ZONE DISTRICT - EDMUNDSON LAND, LLC
A public hearing was conducted on December 28, 2005, at 10:00 a.m.,with the following present:
Commissioner William H. Jerke, Chair
Commissioner M. J. Geile, Pro-Tem
Commissioner David E. Long
Commissioner Robert D. Masden
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Carol A. Harding
Assistant County Attorney, Lee Morrison
Planning Department representative, Kim Ogle
Health Department representative, Char Davis
Public Works representative, Peter Schei
The following business was transacted:
I hereby certify that pursuant to a notice dated November 23, 2005, and duly published
November 30, 2005, in the Fort Lupton Press, a public hearing was conducted on December 14,
2005,to consider the request of Edmundson Land, LLC,fora Site Specific Development Plan and
Use by Special Review Permit#1528 for a Business Permitted as a Use by Right,Accessory Use,
or Use by Special Review in the Commercial Zone District(wholesale trade establishment for the
sale of nursery stock and hardline products produced and imported to the site)in the A(Agricultural)
Zone District. At said hearing,staff stated the applicant's representative requested a continuance,
and the Board continued the matter to December 28, 2005, at 10:00 a.m. At said hearing, Lee
Morrison, Assistant County Attorney, made this a matter of record. Kim Ogle, Department of
Planning Services, presented a brief summary of the proposal, entered the favorable
recommendation of the Planning Commission into the record as written,and gave a brief description
of the location of the site and surrounding land uses. He stated the City of Brighton and Town of
Hudson responded to the referrals without issues,and the Town of Lochbuie did not respond to the
referral. Mr. Ogle stated the primary access is a local paved road onto the property from Weld
County Road 4. He stated the sign was properly posted, and submitted the photo and affidavit,
marked Exhibit F. He stated 15 agencies reviewed the request,with 11 offering comments,which
have been included in the Conditions of Approval and Development Standards. Mr. Ogle also
submitted a Memorandum to the Board of County Commissioners regarding an amendment to
Section 1.J.3 of the Draft Resolution, marked Exhibit G, to provide clarification regarding street
access.
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HEARING CERTIFICATION - EDMUNDSON LAND, LLC (USR #1528)
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Char Davis, Department of Public Health and Environment,stated this site currently has three wells;
one of which is classified as domestic for the home on the site; and two of which are classified as
irrigation wells. She stated the home is not going to be used for the office building, therefore, the
applicant will need to receive a classification of one well as commercial. She stated there will be
35 to 45 individuals working on-site; therefore, a new engineer-designed septic system will be
required. Responding to Chair Jerke, Ms. Davis stated the applicant may have some choices to
make regarding the wells, although one well will have to be designated as a commercial well.
Responding to Commissioner Masden, Mr.Ogle stated the applicant has requested a new access
from Weld County Road 4,with the current access on the west side of the property being vacated.
Peter Schei, Department of Public Works, reiterated the applicant requested access from Weld
County Road 4,with the existing access being abandoned, and the agricultural access remaining.
Mr. Schei stated he has also requested the applicant to include parking for 35 to 40 employees on
his plat, as well as parking for customers, with all weather surfacing. He also stated there is no
flood hazard in this area. Responding to Chair Jerke, Mr. Schei stated Weld County Road 4 is
paved, and is a collector status road requiring 80 feet of right-of-way.
Scott Larson, applicant's representative,stated Weld County Road 39,which is the diagonal road
on the south side of the site, is paved. He stated only 150 feet is paved after the road turns north.
Mr. Larson stated this project is in conformance with the current situation, since nursery stock is
currently growing on the property; however, the applicant does not currently sell stock at the site.
He stated the purpose of this permit is to allow them to sell to customers at the site. Mr. Larson
stated there will be 35 to 45 people working at the site. He stated there is an agricultural access
which runs along the canal, and will remain in use. Mr. Larson stated the two current irrigation wells
are approximately 900 and 1,100 gallons per minute, and will remain agricultural wells. He stated
he cannot keep a domestic well if the site becomes commercial, therefore, they can change the
domestic well designation to commercial prior to recording the plat; however, that takes
approximately 90 days, and the plat would have to be recorded within 60 days. Mr. Larson
requested either an extension of time to record the plat or to have that Condition of Approval
changed to state that notification would be given to the Department of Public Health and
Environment regarding the designation change of that well. Responding to ChairJerke, Mr. Larson
stated the third option would be to drill a new commercial well and leave the domestic well with the
residence. Responding to Commissioner Vaad, Mr. Larson stated the Speed Limit is 45 miles per
hour, and the new access is approximately 300 feet from the agricultural access. Mr. Larson further
stated the employees will use the agricultural access; however, the customers will not use it for
access.
No public testimony was offered concerning this matter.
Responding to Chair Jerke, Mr. Larson stated he agrees with the Conditions of Approval and
Development Standards, as well as the amendment to Paragraph #1.J.3, with the exception of
timing for recording the plat, which effects Paragraphs #1.C and #1.J.7. Responding to
Commissioner Geile regarding an extension of time for recordation of the plat, Mr. Larson stated
employees will not be on the site for approximately one year, therefore, an extension of one year
would be adequate. Mr. Larson suggested deletion of the second to last sentence in Paragraph
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#1.C and"prior to recording the plat"be deleted from#1.J.7, inserting wording providing thatwritten
evidence of approval would also be presented to the Department of Public Health and Environment.
After discussion,Commissioner Vaad stated if the applicant were required to provide a letter stating
the designation had been changed within a year,the Board would have the authority to deal with the
situation if it were not forthcoming. Responding to Chair Jerke, Mr. Morrison stated there is a
distinction between a Use By Special Review(USR)Permit and a Subdivision, because the Board
does have on-going authority with a USR Permit. Responding to ChairJerke,the Board concurred
with the amendment proposed by staff to Paragraph#1.J.3. After further discussion,Commissioner
Vaad suggested that Paragraphs#1.C and#1.J.7 be modified,striking"prior to recording of the plat"
and substituting that a letter from the applicant be submitted to the Departments of Planning
Services and Public Health and Environment stating there has been redesignation of the well to a
commercial well. He agreed that the second to last sentence should be deleted, as suggested by
the applicant.
Commissioner Vaad moved to approve the request of Edmundson Land, LLC,for a Site Specific
Development Plan and Use by Special Review Permit#1528 for a Business Permitted as a Use by
Right,Accessory Use,or Use by Special Review in the Commercial Zone District(wholesale trade
establishment for the sale of nursery stock and hardline products produced and imported to the site)
in the A(Agricultural)Zone District, based on the recommendations of the Planning staff and the
Planning Commission,with the Conditions of Approval and Development Standards as entered into
the record, and as modified. The motion was seconded by Commissioner Masden, and it carried
unanimously. There being no further discussion, the hearing was completed at 10:50 a.m.
This Certification was approved on the 4th day of January 2006.
,•�� APPROVED:
ELM.,, BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
�� !* 4 William H. rke, Chair
Weld County Clerk to '
M. ile, Pro- em
BY: . Mil � 7 1 C211
D=:uty Cler to the Boa M �'
D 'd E. Long
TAPE#2005-50 U1W'
Robert D. M den
DOCKET#2005-91A
Glenn Vaa
2005-3690
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EXHIBIT INVENTORY CONTROL SHEET
Case USR#1528 - EDMUNDSON LAND, LLC
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 10/18/2005)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Certification and Photo of sign posting
F. Planning Staff Certification and Photo of sign posting
(12/28/05)
G. Planning Staff Memo re: amendment to 1.J.3, street
access
H.
J.
K.
L.
M.
N.
O.
P.
Q.
R.
S.
T.
U.
V.
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 14TH DAY OF DECEMBER, 2005:
DOCKET#2005-73 -TERRA FIRMA VENTURES, LLC
DOCKET#2005-91 - EDMUNDSON LAND, LLC
DOCKET#2005-92 - DEBORAH LOWRY
DOCKET#2005-93 - RICHARD AND TAMMI FISHER
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
John Doe `r 123 Nowhere Street, City, State, Zip
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 28TH DAY OF DECEMBER, 2005:
DOCKET#2005-91 - EDMUNDSON LAND, LLC
DOCKET#2005-97 -WELD 45 ACRE, LLC
DOCKET#2005-98 -JAMES AND GAIL SUTTON
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
John Doe 123 Nowhere Street, City, State, Zip
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