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HEARING CERTIFICATION
DOCKET NO . 2016-54
RE : A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR16-0010, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (OFFICE/SHOP, PARKING AND EQUIPMENT STORAGE ASSOCIATED
WITH A CONCRETE CONSTRUCTION COMPANY), PROVIDED THAT THE PROPERTY
IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR PART OF
A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS
CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT -
KOOBIE ENTERPRISE , LLC , C/O JUSTIN AND CHELSEY JOHNSON
A public hearing was conducted on June 15, 2016, at 10: 00 a . m . . with the following present:
Commissioner Mike Freeman , Chair - EXCUSED
Commissioner Sean P. Conway . Pro-Tem
Commissioner Julie A. Cozad
Commissioner Barbara Kirkmeyer - EXCUSED
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board , Tisa Juanicorena
Assistant County Attorney, Bob Choate
Planning Services Department representative . Chris Gathman
Public Works Department representative , Janet Lundquist
Planning Services Engineer representative, Hayley Brown
Health Department representative . Lauren Light
The following business was transacted :
hereby certify that pursuant to a notice dated April 29 , 2016 , and duly published May 4 ,
2016, in the Greeley Tribune , a public hearing was conducted to consider the request of
KOOBIE Enterprise, LLC , c/o Justin and Chelsey Johnson , for a Site Specific Development Plan
and Use by Special Review Permit, USR16-0001 . for any Use permitted as a Use by Right,
Accessory Use , or Use by Special Review in the Commercial or Industrial Zone Districts
(office/shop, parking and equipment storage associated with a concrete construction company) ,
provided that the property is not a lot in an approved or recorded subdivision plat or part of a map
or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural)
Zone District. Bob Choate, Assistant County Attorney . made this a matter of record .
Chair Pro-Tem Conway instructed the applicant and reviewed for the public, with two (2) of
the five (5) commissioners being excused . the vote must be unanimous for the case to be
approved today. The applicant agreed with moving forward .
Chris Gathman , Department of Planning Services, presented a brief summary of the
proposal and reviewed the applicant's intent to construct a shop for headquarters and
maintenance, number of employees , parking , traffic narrative , and fencing and landscaping . He
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HEARING CERTIFICATION - KOOBIE ENTERPRISE , LLC , C/O JUSTIN AND CHELSEY
JOHNSON ( USR16-0010)
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the access point and stated 19 referrals were sent out and 12 responses were received .
explainedp
Mr. Gathman reviewed the surrounding properties to include the two (2) lots also owned by the
applicant and stated the impacts to surrounding property owners has been mitigated . He clarified
the site is located within the three (3) mile referral area of the City of Greeley, and the Towns of
Milliken and Windsor, and Larimer County. Mr. Gathman stated the aforementioned municipalities
either did not respond or had no concerns; however, the Reorganized Farmers Ditch Company
expressed concerns in the referral response and the applicant has a letter referencing his efforts
to address those concerns . Mr. Gathman entered the favorable recommendation of the Planning
Commission into the record as written . In response to Commissioner Cozad , Mr. Gathman
clarified the site is located outside the three (3) mile referral area of Johnstown .
Janet Lundquist, Department of Public Works representative , provided a brief overview of
the transportation plans and requirements to include the approved Access Permit, AP16-00129.
She explained the access point for the residence . the requirement for tracking control to be waived
when the applicant installs a hard surface to the entrance , and the requirement for an
Improvements Agreement.
Hayley Brown , Planning Services Engineer representative , reported on the drainage
conditions and requirements and stated the applicant submitted a preliminary drainage report
which has been accepted : however, prior to recording the Plat a final stamped and signed
drainage report is required . She further reviewed the requirements to show and label the accepted
drainage features and flow arrows , parking and traffic circulation , and the required Grading Permit
if disturbing more than an acre. Lastly, she stated the historical flow patterns must be maintained
and Weld County is not responsible for maintaining the drainage features .
Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions stating there is a house on-site serviced by the Little Thompson Water District with a
permitted septic system . She clarified the portable toilet usage is acceptable until the number of
full time employees exceeds two (2) , and a septic system is required for the shop to be
constructed . Ms. Light reviewed the relevant Conditions (COA) and Development Standards ( DS)
and stated DS #8-20 address items typical to Environmental Health .
L''- Justin Johnson, applicant. stated the nature of his business . daily operations . number of
employees and hours of operation . He reiterated the goal to hard surface to prevent tracking .
Mr. Johnson explained the house is a rental and he reviewed the history of purchasing the
property, cleaning it up and the close proximity of his residence on an adjacent lot. He explained
there is a pasture area to allow filtration of water drainage and he fully understands the Ditch
Company's concerns and has agreed to work with them . Mr. Johnson explained the utility poles
preventing the relocation of the residential access point.
01 No public testimony was offered concerning this matter.
In response to Chair-Pro Tem Conway. Mr. Johnson stated the renters have lived in the
existing home since 2007. In further response . he agreed to an extension of the hours of operation
to prevent a violation . In response to Commissioner Cozad , Mr. Johnson stated he has spoken to
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HEARING CERTIFICATION - KOOBIE ENTERPRISE , LLC , C/O JUSTIN AND CHELSEY
JOHNSON (USR16-0010)
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the neighbors and does not feel this will cause a conflict. The Board agreed to extend the hours
of operation to 8 : 30 p. m .
In response to Chair Pro-Tem Conway. Mr. Johnson indicated no concerns with the
Conditions of Approval and/or Development Standards.
In response to Commissioner Cozad , Ms . Lundquist stated COA #6.A can be deleted .
Mr. Choate further recommended deleting COA #1 . C because an agreement is in place with the
Ditch Company, and written evidence has been submitted today , as Exhibit D. The Board agreed
to the changes .
Chair Pro-Tem Conway reviewed the changes for the applicant.
In response to Chair Pro-Tem Conway. Mr. Johnson indicated he has reviewed , and agrees
to abide by. the Conditions of Approval and Development Standards . as amended .
Commissioner Cozad moved to approve the request of KOOBIE Enterprise , LLC . c/o Justin
and Chelsey Johnson , for a Site Specific Development Plan and Use by Special Review Permit,
USR16-0010 . for any Use permitted as a Use by Right, Accessory Use . or Use by Special Review
in the Commercial or Industrial Zone Districts (office/shop, parking and equipment storage
associated with a concrete construction company) . provided that the property is not a lot in an
approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any
regulations controlling subdivisions 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 amended and entered into the record . The motion was seconded
by Commissioner Moreno. Commissioner Cozad stated the criteria has been met and encouraged
the applicant to continue to work with the neighbors. Chair Pro-Tem Conway expressed his
agreement and wished the applicant well . Commissioner Cozad requested staff share the
opportunities related to small business development. Mr. Gathman stated he reviewed these
options during the pre-application process. The motion carried unanimously. There being no
further discussion , the hearing was completed at 10 : 32 a . m .
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HEARING CERTIFICATION - KOOBIE ENTERPRISE , LLC , C/O JUSTIN AND CHELSEY
JOHNSON ( USR16-0010)
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This Certification was approved on the 20th day of June, 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY , COLORADO
ATTEST: WS_# u,:,.1, EXCUSED
Mike Freeman , Chair
Weld County Clerk to the Board -p
Sean-K. Conway. Pro-Tem
BY:Ot a a •ty Clerk to the Board
s ulie A. Cozad
AP FORM : USED
1 861 � � ,. `�•, lizo ca bara Kirkmeyer
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Date of signature : CD( 91 /
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