HomeMy WebLinkAbout20162136.tiffHEARING CERTIFICATION
DOCKET NO. 2016-59
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR16-0011, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (METAL FABRICATION SHOP AND BLACKSMITHING SHOP), 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 - WONDER DOG PROPERTIES, LLC, C/O ENYART FORGE AND
FABRICATION
A public hearing was conducted on July 13, 2016, at 10:00 a.m.. with the following present:
Commissioner Mike Freeman. Chair
Commissioner Sean P. Conway. Pro-Tem
Commissioner Julie A. Cozad
Commissioner Barbara Kirkmeyer
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:
I hereby certify that pursuant to a notice dated May 27, 2016, and duly published
June 1, 2016. in the Greeley Tribune. a public hearing was conducted to consider the request of
Wonder Dog Properties. LLC. c/o Enyart Forge and Fabrication. for a Site Specific Development
Plan and Use by Special Review Permit, USR16-0011, for any Use permitted as a Use by Right,
Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (metal
fabrication shop and blacksmithing shop), 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.
Chris Gathman, Department of Planning Services, presented a brief summary of the
proposal and stated the applicant's intent to construct a shop for metal fabrication and
blacksmithing with the possibility of future expansion. He reviewed the number of employees,
hours of operation, and potential visitation to the site by passenger vehicles and an occasional
delivery vehicle. Mr. Gathman stated there will be a privacy fence and gate and the site will be
accessed via the northern end and the vehicles associated with the business will not access the
shared access. He stated the applicant is proposing to use a commercial well and septic and he
reviewed the nearest residences and further explained the agreement to cross the ditch. Mr.
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Gathman reported one (1) letter was received objecting to the business and he reviewed the
concerns therein. Mr. Gathman stated it should be noted the applicant has a separate Well Permit,
AP -79876-F, and will not be sharing the existing well. He reviewed the conditions and standards
related to mitigation and stated the applicant did write a letter of response. Mr. Gathman stated
16 referrals were sent out and eight (8) were received. He clarified this site is located within the
three (3) mile referral area of the Cities of Fort Lupton and Brighton, and Adams County: however,
there were no referral responses received from these municipalities. Mr. Gathman displayed
images of the site and surrounding properties and entered the favorable recommendation of the
Planning Commission into the record as written.
Janet Lundquist, Public Works Department representative. provided a brief overview of the
transportation plans and requirements and stated the applicant was granted an Access Permit.
AP16-00075. conditional upon approval of the USR. She reviewed the average daily traffic counts
and truck traffic percentages and stated based on the traffic narrative. tracking control would be
required but an Improvements Agreement would not.
Hayley Brown, Planning Services Engineer representative, presented the drainage and
grading requirements and stated a drainage narrative has been submitted and due to no increase
in the imperviousness, a detention pond will not be required. She reviewed the requirements to
show and label the drainage flow arrows, show the interior parking and traffic plan, obtain a Weld
County Grading Permit if disturbing more than one (1) acre, and maintain the historical flow and
amounts.
Lauren Light. Department of Public Health and Environment. reviewed the water and sewer
provisions and stated the applicant received a commercial well permit for the shop and a
commercial septic permit. She further stated portable toilets are acceptable for two (2) or less
employees and she reviewed the relevant Development Standards for Environmental Health.
Billie Enyart, applicant. stated he has a background in structural metal fabrication and
blacksmithing and the business generally provides hand forged architectural elements to high end
residences by working with designers, architects and builders. He stated he also did some work
on the Colorado State Capital. Mr. Enyart stated he has a shop currently in Denver that is being
absorbed by the City and will no longer be available in December; therefore, he purchased this
property and is hoping everything works out. In response to Commissioner Conway. Mr. Enyart
stated he has one (1) employee. In further response. he stated staff did review the Small Business
Incentive Program. The Commissioners encouraged him to revisit the paperwork and that it is
acceptable for him to complete it after the process today.
No public testimony was offered concerning this matter.
2 In response to Commissioner Kirkmeyer, Mr. Enyart clarified the only obstruction to the view
would be a corner of his building and he stated he wants to put in a privacy fence and wants to
have as little impact as possible. He further responded regarding the proper disposal of chemicals.
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Pa In response to Commissioner Kirkmeyer. Mr. Gathman stated COA #1.C.9 could be changed
to reflect only the screening.
In response to Commissioner Kirkmeyer. Mr. Enyart asked the Board to reconsider the
setback requirement due to the slope of the entrance and potential ice in the winter. He clarified
he would like to keep the gate open during business hours.
P In response to Chair Freeman, Mr. Enyart stated he does not have concerns with the
Conditions of Approval or Development Standards. He did ask the Board to consider a higher
decibel rate allowance.
In response to Commissioner Kirkmeyer. Ms. Lundquist reviewed the requirement for
tracking control based on potential truck trips. She also explained the possibility of a variance.
Commissioner Kirkmeyer suggested a trigger and requested staff create language to assist with
that to amend COA #1.C.7. Ms. Lundquist provided the language. Commissioner Kirkmeyer
suggested deleting COA#1.C.8. The Board agreed.
Commissioner Kirkmeyer recommended deleting the words "landscaping and/or" from
COA #1.C.9. and also suggested deleting COA #1.C.12. The Board agreed. After further
discussion. the Board agreed to delete Development Standards (DS) #3 regarding hours of
operation and DS #6 regarding maintenance of the parking area. Commissioner Kirkmeyer stated
the "lansdcaping/" needs to be removed from DS #8 and the new language for triggering the
tracking control can be added after DS # 21. The Board concurred. Commissioner Kirkmeyer
clarified the decibel limitation needs to remain due to close proximity to the Town of Wattenberg
and also to the nearest residence.
Commissioner Cozad suggested deleting and tracking control" from COA #5. B. The Board
agreed.
Pa In response to Chair Freeman, Mr. Enyart indicated he has reviewed, and agrees to abide
by, the Conditions of Approval and Development Standards, as amended.
Commissioner Kirkmeyer moved to approve the request of Wonder Dog Properties, LLC,
c/o Enyart Forge and Fabrication, for a Site Specific Development Plan and Use by Special
Review Permit, USR16-0011, for any Use permitted as a Use by Right, Accessory Use, or Use
by Special Review in the Commercial or Industrial Zone Districts (metal fabrication shop and
blacksmithing shop), 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 Conway. Commissioner
Conway welcomed the applicant to Weld County and encouraged him to be a good neighbor.
Commissioner Kirkmeyer also extended a welcome to the applicant. There being no further
discussion, the motion carried unanimously and the hearing was completed at 11:00 a.m.
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PAGE 4
This Certification was approved on the 18th day of July, 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY. COLORADO
ATTEST: daticti � ,Jth;rA,
Weld County Clerk to the Board
County Attorney
Date of signature: -Waal / aO1(o
Mike Freeman, Chair
•er. .,.
rbara Kirkmeyer
Steve Moreno
2016-2136
PL2136
ATTENDANCE LIST
DATE: 11_ 1 � ‘L)
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