HomeMy WebLinkAbout20031283.tiff HEARING CERTIFICATION
DOCKET NO. 2003-44
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1402
FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY
SPECIAL REVIEW IN THE INDUSTRIAL ZONE DISTRICT (MAINTENANCE SHOP,
OUTDOOR STORAGE OF EQUIPMENT AND MATERIALS, AND OFFICE) IN THE
A(AGRICULTURAL) ZONE DISTRICT -ARNHEIM, LLC
A public hearing was conducted on June 4, 2003, at 10:00 a.m., with the following present:
Commissioner David E. Long, Chair
Commissioner Robert D. Masden, Pro-Tem
Commissioner M. J. Geile
Commissioner William H. Jerke
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Chris Gathman
Health Department representative, Char Davis
Public Works representative, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated May 16, 2003, and duly published May 22, 2003,
in the South Weld Sun, a public hearing was conducted to consider the request of Arnheim, LLC,
for a Site Specific Development Plan and Use by Special Review Permit#1402 for a Use Permitted
as a Use by Right, an Accessory Use, or a Use by Special Review in the Industrial Zone District
(maintenance shop, outdoor storage of equipment and materials, and office) in the A(Agricultural)
Zone District. Lee Morrison, Assistant County Attorney, made this a matter of record. Chris
Gathman, 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. Mr.
Gathman gave a brief description of the location of the site and surrounding uses. He stated 14
referral agencies reviewed this proposal, and 11 responded favorably or provided comments which
have been included in the Conditions of Approval and Development Standards. Mr. Gathman
displayed various photos of the site and surrounding area, and stated the existing house,
structures, and dirt piles will be removed once the office is constructed. He stated the applicant
is proposing an increase in the Use by Special Review boundary from two acres to ten acres,which
was not reviewed by the Planning Commission; however, the number of employees and amount
of equipment will not change. He further stated the Colorado Geological Survey has indicated
there are sand and gravel deposits on the site; however, the amounts have a low content of sand
and pebble-size gravel, which makes the site less desirable for certain construction uses. Mr.
Gathman stated the Colorado Geological Survey also indicated the Board of Commissioners will
need to determine whether the proposal is consistent with House Bill 1529 Extraction Plan. He
stated the applicant has indicated they may consider dry mining the southern portion of the property
at a later date. In response to Commissioner Vaad, Mr. Gathman stated the main access will be
from Weld County Road 27,and the access easement running through the site also serves the mini
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HEARING CERTIFICATION -ARNHEIM, LLC (USR#1402)
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storage property to the west. He further stated the Landscaping Plan will be expanded to
encompass the larger area. Commissioner Vaad commented appropriate landscaping is important
because the Board of Commissioners has made commitments to the City of Brighton to upgrade
the view corridor along U.S. Highway 85. Responding to Commissioner Geile, Mr.Gathman stated
the applicant can clarify why the area is being expanded; however, they did indicate the amount
of equipment and employees will be the same as initially indicated on the application. He further
stated the entire Use by Special Review Permit boundary must be screened with an eight-foot
fence. Responding to Commissioner Masden, Mr. Gathman stated the expansion will encompass
the area north of the access easement.
Don Carroll, Department of Public Works, stated the proposed expansion will not likely effect his
comments because the changes are all internal; however, he did request clarification regarding the
amount of vehicles and storage as it relates to circulation. He stated access to Weld County
Road 27, also known as the old Highway 85, crosses a ditch, and the remaining ten acres located
south of the access easement could be mined under a separate Use by Special Review Permit.
He stated any mining uses may require additional improvements to the access to accommodate
heavy hauling. In response to Commissioner Masden, Char Davis, Department of Public Health
and Environment, stated the expansion will not likely affect her comments.
John Turner represented the applicant and stated at the suggestion of their drafting engineer,they
expanded the Use by Special Review Permit boundary so any future expansion would not require
a redesign of the site. He clarified the currently proposed size of the operation will remain the
same. He stated the larger area will be fenced and landscaped. Responding to Commissioner
Jerke, Mr. Turner stated Arnheim, LLC, does water and sewer line installation for local
communities, and the site will be used to store the pipeline equipment. In response to
Commissioner Geile, Mr. Turner stated the expanded area will not expand the amount of materials
stored, and they will apply for the necessary permits if they expand the operation or build another
office in the future. Responding to Commissioner Geile, Mr. Morrison stated the Board must
determine whether the Planning Commission's recommendation is still relevant to the revised
proposal, or whether the proposed changes require additional review.
No public testimony was offered concerning this matter. In response to Chair Long, Mr. Turner
stated he has reviewed and agrees with the Conditions of Approval and Development Standards.
Ms. Davis requested Development Standards#13 and #14 be deleted because they do not apply
to this application. She also suggested a new Development Standard#13 be added to state, "Any
septic system located on the property must comply with all provisions of the Weld County Code
pertaining to individual sewage disposal systems,"and renumber the remaining items accordingly.
Ms. Davis also requested two new Development Standards be added as#28 and#29 to state,"The
applicant shall operate in accordance with the approved Waste Handling Plan," and"A permanent,
adequate water supply shall be provided for drinking and sanitary purposes." In response to Chair
Long, Mr.Turner concurred with the proposed modifications. Mr. Carroll stated his initial concerns
with the proposed modification to the boundary have been addressed by the applicant's responses.
Commissioner Geile moved to approve the request of Arnheim, LLC, for a Site Specific
Development Plan and Use by Special Review Permit #1402 for a Use Permitted as a Use by
Right, an Accessory Use, or a Use by Special Review in the Industrial Zone District(maintenance
shop, outdoor storage of equipment and materials, and office) in the A(Agricultural) Zone District,
based on the recommendations of the Planning staff and the Planning Commission, with the
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HEARING CERTIFICATION -ARNHEIM, LLC (USR#1402)
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Conditions of Approval and Development Standards as entered into the record. His motion also
included deleting Development Standard#13 and replacing it to state, "Any septic system located
on the property must comply with all provisions of the Weld County Code pertaining to individual
sewage disposal systems," deleting Development Standard #14, adding a new Development
Standards #28 to state, "The applicant shall operate in accordance with the approved Waste
Handling Plan,"adding a new Development Standard#29 to state, "A permanent, adequate water
supply shall be provided for drinking and sanitary purposes,"and renumbering as appropriate. The
motion was seconded by Commissioner Vaad. Commissioner Masden stated he supports the
motion because there is not enough of a change in this instance to qualify as a Substantial
Change; however, he does not appreciate and last minute changes proposed by the applicant. Mr.
Turner stated the Use by Special Review permitting process is unfamiliar to the general public and
it has been very confusing. He stated regardless of the boundary size, this is a simple request to
store equipment on their land. There being no further discussion, the motion carried unanimously
and the hearing was completed at 10:50 a.m.
This Certification was approved on the day of 2003.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WEL OUNTY, COLORADO
ATTEST: / � .i a
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Weld County Clerk to °B t -.icy-
Robert Robert D. sden, Pro-Tem
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Deputy Clerk to the Bo: n,,
M. J Geile
TAPE #2003-21 ' ?lkf
William H. Jerke
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DOCKET#2003-44 Adl (/H
Glenn Vaa
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EXHIBIT INVENTORY CONTROL SHEET
Case USR#1402 -ARNHEIM, LLC
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Item Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 10/15/2002)
D. Clerk to the Board Notice of Hearing
E. Applicant Letter re: Landscaping, water well uses
(5/6/2003)
F. Planning Staff Photo of sign posted on site
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 4TH DAY OF JUNE, 2003:
DOCKET#2003-43 - MELVIN AND JACKLYN SHUBERT
DOCKET#2003-44 -ARNHEIM, LLC
DOCKET#200345 -VISTA RIDGE DEVELOPMENT CORPORATION
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NAME ADDRESS
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