HomeMy WebLinkAbout20193876.tiffHEARING CERTIFICATION
DOCKET NO. 2019-118 (PART ONE)
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND FINAL PLAN FOR A MINOR
SUBDIVISION, MINF19-0001, FOR FOUR (4) LOTS ZONED FOR 1-3 INDUSTRIAL USES
ALONG WITH ONE (1) OUTLOT TO BE UTILIZED FOR DRAINAGE PURPOSES -
CIMARRON LAND COMPANY, LLC
A public hearing was conducted on September 4, 2019, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro -Tern
Commissioner Sean P. Conway - EXCUSED
Commissioner Scott K. James
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Selena Baltierra
Assistant County Attorney, Bob Choate
Planning Services Department representative, Chris Gathman
Public Works Department representative, Hayley Balzano
Health Department representative, Lauren Light
The following business was transacted:
El I hereby certify that pursuant to a notice dated August 2, 2019, and duly published August 7,
2019, in the Greeley Tribune, a public hearing was conducted to consider the request of Cimarron
Land Company, LLC, for a Site Specific Development Plan and Final Plan for a Minor Subdivision,
MINF19-0001, for four (4) lots zoned for 1-3 Industrial uses along with one (1) outlot to be utilized
for drainage purposes. Bob Choate, Assistant County Attorney, made this a matter of record.
Fi Chair Kirkmeyer reviewed for the applicant and the public, the procedures to follow should
this case result in a tie vote due to four (4) Commissioners being present and
Commissioner Conway excused.
Chris Gathman, Department of Planning Services, presented a brief summary of the proposal
and stated the zoning on the property is 1-3 (Industrial). He indicated the site was rezoned in July
of 2013, and the Change of Zone plat was recorded in September of 2014. He explained the
requirements for development of the lots and stated the proposed water service is from the North
Weld County Water District (NWCWD) and individual septic systems are proposed. He reviewed
referral responses from several agencies, stated the applicant is proposing one (1) access onto
County Road (CR) 64, or "O" Street, and described the surrounding lands including adjacent
roads. E Mr. Gathman explained the Minor Subdivision will not allow on -street parking,
therefore, all parking will be on individual lots, he summarized the referrals sent out and noted no
responses were received. He stated the applicant will meet the requirement of the Colorado Parks
and Wildlife (CPAW) by limiting the site to one (1) access, reviewed the current access point, and
reiterated the site is a Recorded Exemption lot with an existing use on Lot A. He presented images
of the site and surrounding views, and in response to Commissioner James, Mr. Gathman clarified
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HEARING CERTIFICATION - CIMARRON LAND COMPANY, LLC (MINF19-0001)
PAGE 2
the requirements of the NWCWD addressed in Conditions of Approval (COA) #1.H, and there
was further clarification of the recommendations of the Utility Board. In response to Chair
Kirkmeyer, Mr. Gathman clarified the approved use for the property directly to the west of the
proposed site and acknowledged the trees to the east of the site are for mitigation.
▪ Hayley Balzano, Department of Public Works (PW), provided a brief overview of the
transportation plans and requirements, and stated the applicant is proposing to have the
subdivision roadway intersect with CR 64. She outlined the Weld County Code spacing
requirement and indicated the applicant had submitted a variance request for the spacing. She
stated the applicant had satisfied COA #1.6 (location of the subdivision intersection), and
mentioned County -planned improvements. She provided the daily traffic counts and average
speeds on CR 64, and noted there is a future railroad crossing on "O" Street, which is west of the
site and east of U.S. Highway 85. She stated the Traffic Impact Study explained there would be
198 roundtrips per day and provided the peak hour trips. She provided the traffic direction prior to
and after the railroad crossing closure, and mentioned there could be an auxiliary lane triggered
after the railroad closure, which could be waved if the opposing vehicle travel is less than 100
vehicles per hour. She stated PW requested the Improvements Agreement be reviewed, as
needed, up to once annually to determine if the trigger is met and whether traffic increases justify
a left-hand acceleration/deceleration lane. She explained the applicant was proposing to pave the
internal roadway, which meets the tracking control requirements, and indicated PW is requiring
an Improvements and Road Maintenance Agreement, triggered off -site and on -site public
improvements, and a Final Drainage Report and detention pond prior to recording the subdivision
plat. She stated the site is within the MS4 area, therefore, the MS4 standards will apply, and in
response to Chair Kirkmeyer, Ms. Balzano reiterated the various traffic counts provided.
▪ Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions, stated the NWCWD will provide water, and indicated the applicant will need to have
engineer -designed septic systems.
• Tony Evans, Encompass, LLC, represented the applicant and indicated he was helping the
applicant with Lot One of the subdivision for an oil and gas, industrial use. He requested, on behalf
of the applicant, an early release of the Building Permit. There was discussion concerning the
authorization of Mr. Evans to speak on behalf of the applicant and, in response, Chair Kirkmeyer
recessed the hearing and moved the hearing until the end of the Board's docket to allow
Mr. Evans to obtain a signed affidavit to be a representative of the applicant.
(Clerk's Note: See Hearing Certification HE19-118.8 (Part Two) for remainder of audio and final
Board motion.)
2019-3876
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HEARING CERTIFICATION
DOCKET NO. 2019-118.B (PART TWO)
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND FINAL PLAN FOR A MINOR
SUBDIVISION, MINF19-0001, FOR FOUR (4) LOTS ZONED FOR I-3 INDUSTRIAL USES
ALONG WITH ONE (1) OUTLOT TO BE UTILIZED FOR DRAINAGE PURPOSES -
CIMARRON LAND COMPANY, LLC
A public hearing was conducted on September 4, 2019, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro -Tern
Commissioner Sean P. Conway - EXCUSED
Commissioner Scott K. James
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Selena Baltierra
Assistant County Attorney, Bob Choate
Planning Services Department representative, Chris Gathman
Public Works Department representative, Hayley Balzano
Health Department representative, Lauren Light
The following business was transacted:
(Clerk's Note: See Hearing Certification HE19-118 (Part One) for beginning portion of hearing
and audio recording.)
e Chair Kirkmeyer clarified the notice had previously been read into the record and staff had
already given their presentations.
IN Nick Varra, applicant, explained his company constructs buildings for various uses, and
stated he was representing Cimmaron Land Company, LLC. He mentioned the Recorded
Exemption to create the first lot and summarized the future plans for the four (4) lots included in
the Minor Subdivision.
No public testimony was offered concerning this matter.
IM Mr. Varra indicated he had no questions or concerns regarding the Conditions of
Approval (COA). He requested early release of the Building Permit and was directed, by
Chair Kirkmeyer, to address the issue with the Department of Planning Services and the
Department of Public Works (PW). As previously mentioned (Part One), and after further
discussion, the Board and staff agreed to delete COA #1.H (requirements of NWCWD). In
response to Chair Kirkmeyer regarding COA #1.B (location of subdivision intersection),
Ms. Balzano indicated the condition had been met with a variance request and stated PW was in
agreement. Ms. Balzano proposed deleting COA #1.G (Stormwater Management Plan) and the
Board agreed. Chair Kirkmeyer requested a note on the Final Plat concerning the railroad closure,
and Mr. Choate provided language, which was added as COA #1.O.7.
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HEARING CERTIFICATION - CIMARRON LAND COMPANY, LLC (MINF19-0001)
PAGE 2
IR In response to Chair Kirkmeyer, Mr. Varra indicated he had reviewed, and agreed to abide
by, the Conditions of Approval, as amended.
There was no public testimony offered concerning the changes to the Conditions of Approval.
Commissioner Freeman moved to approve the request of Cimarron Land Company, LLC, for
a Site Specific Development Plan and Final Plan for a Minor Subdivision MINF19-0001, for four
(4) lots zoned for 1-3 Industrial uses along with one (1) outlot to be utilized for drainage purposes,
based on the recommendations of Planning staff and the Planning Commission, with the
Conditions of Approval, as amended. The motion was seconded by Commissioner James, and
it carried unanimously. There being no further discussion, the hearing was completed at
11:51 a.m.
This Certification was approved on the 9th day of September, 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dt &• 'ok
Weld County Clerk to the Board
BY:
eputy Clerk to the Board
Mike Freeman, Pro -Tern
arbara Kirkmeyer, Chair
EXCUSED
Sea /'. Conway
K. James
Steve Moreno
2019-3876
PL2704
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