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Home My WebLink About20151761.tiff HEARING CERTIFICATION DOCKET NO. 2015-56 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR15-0023, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (HENRYLYN IRRIGATION DISTRICT AREA OFFICE, MAINTENANCE BUILDING AND EQUIPMENT STORAGE BUILDING TO SUPPORT AREA'S IRRIGATION AND WATER DELIVERY CANALS AND DITCHES), PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION MAP OR PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT - BOYD AND HELEN ARNOLD, C/O HENRYLYN IRRIGATION DISTRICT A public hearing was conducted on June 24, 2015, at 10:00 a.m., with the following present: Commissioner Barbara Kirkmeyer, Chair Commissioner Mike Freeman, Pro-Tem Commissioner Sean P. Conway Commissioner Julie A. Cozad Commissioner Steve Moreno Also present: Acting Clerk to the Board, Tisa Juanicorena Assistant County Attorney, Brad Yatabe Planning Services Department representative, Kim Ogle Planning Services Engineer representative, Wayne Howard Health Department representative, Lauren Light The following business was transacted: hereby certify that pursuant to a notice dated May 15, 2015, and duly published May 20, 2015, in the Greeley Tribune, a public hearing was conducted to consider the request of Boyd and Helen Arnold, do Henrylyn Irrigation District, for a Site Specific Development Plan and Use by Special Review Permit, USR15-0023, for any Use permitted as a Use by Right, Accessory Use or Use by Special Review in the Commercial or Industrial Zone Districts (Henrylyn Irrigation District area office, maintenance building and equipment storage building to support the area's irrigation and water delivery canals and ditches), provided that the property is not a lot in an approved or recorded subdivision map or part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. Brad Yatabe, Assistant County Attorney, made this a matter of record. Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and stated the location is a five (5) acre site created by a Recorded Exemption and the surrounding land uses are agricultural. The site is within the three (3) mile referral area of the Town of Keenesburg, from which no referral response was received. Mr. Ogle stated the applicant's intent is to create a more centralized location for business activities by constructing an office and maintenance building on the same site. He conveyed there will be up to ten (10) employees on-site each day, reviewed the daily operations and stated vehicles will be parked 2015-1761 �C' 5-ap 4 7/27 PL2354 HEARING CERTIFICATION - BOYD AND HELEN ARNOLD, C/O HENRYLYN IRRIGATION DISTRICT (USR15-0023) PAGE 2 inside, therefore, no screening is required. Mr. Ogle reviewed the modifications being recommended by staff and stated 11 referrals were sent out and four (4) responses were received indicating no concerns or suggestions that have been incorporated into the Resolution Conditions of Approval (COA) and/or Development Standards (DS). He presented a PowerPoint presentation of the site and surrounding views and entered the favorable recommendation of the Planning Commission into the record as written. • Wayne Howard, Department of Planning Services Engineer, provided a brief overview of the transportation plans and requirements stating the approved access for the location is off of County Road (CR) 14. He reviewed the average daily traffic counts and the proposed daily round trips for the proposal. Mr. Howard provided the approved Access Permit, #AP15-00163, reviewed the relevant requirements regarding tracking control and stated the site is not in a Geologic Hazard area or Floodplain area. An Improvements and Road Maintenance Agreement is not required and a Weld County Grading Permit has been issued, GRD15-0046. In response to Chair Kirkmeyer and Commissioner Cozad regarding COA#1.A.15, Mr. Ogle clarified the Fire Department has requested a second access. El Lauren Light, Department of Public Health and Environment, reviewed the water and sewer provisions stating the commercial well and commercial septic will serve the building, the applicant has a septic permit sized for four (4) people, and there will be no floor drain in the maintenance building. She conveyed Development Standards #5-11 are relative to the Department of Public Health and Environment and stated staff has no concerns with the application. • Emily Knackstedt, Attorney, represented the applicant and stated the operational aspect of the business and the primary service to the agricultural areas in Weld County. The office in town is simpy an office making the current situation non-conducive to best practices for their business. She stated the applicant desires to be more centrally located to the area they serve. • In response to Chair Kirkmeyer, Rod Baumgartner, Manager, responded that the size of the equipment is basic farm equipment, and Ms. Knackstedt responded regarding the business having a sign. In response to Commissioner Cozad, Ms. Knackstedt stated the applicant is proposing to use recycled asphalt for the parking lot. • No public testimony was offered concerning this matter. la In response to Chair Kirkmeyer, Ms. Knackstedt, representing Boyd and Helen Arnold, do Henrylyn Irrigation District, indicated they have reviewed, and have no concerns with the Conditions of Approval and Development Standards, as proposed. • Brad Yatabe, Assistant County Attorney, mentioned a letter regarding a surface agreement dispute as needing to be addressed. Chair Kirkmeyer responded that typically the Board will delete third party disputes. 2015-1761 PL2354 HEARING CERTIFICATION - BOYD AND HELEN ARNOLD, C/O HENRYLYN IRRIGATION DISTRICT (USR15-0023) PAGE 3 • Chair Kirkmeyer suggested deleting COA's #1.A.5 and #1.A.7. She also suggested adding the word "or" between ashpalt and road base in COA #1.A.11 to clarify there is an option. In response to Chair Kirkmeyer's question regarding the water quality feature, Mr. Howard explained the drainage features being required. Further, Chair Kirkmeyer recommended amending COA #1.A.14 to read, "Show and label the entrance gate set-back." Chair Kirkmeyer also suggested deleting COA #1.A.15. Commissioner Cozad questioned if fees were paid. Mr. Ogle clarified what fees have been paid. In response to Chair Kirkmeyer, Ms. Knackstedt stated the number of employees were acceptable as listed on DS #3. She then explained the hours of operation, to which Commissioner Freeman recommended deleting DS #4. Chair Kirkmeyer also suggested deleting DS #13 regarding screening, signage and lighting. The board concurred with all the amendments. • Chair Kirkmeyer summarized the changes for the record, and Ms. Knackstedt, representing the applicant, indicated they have reviewed, and agree to abide by, the Conditions of Approval and Development Standards, as amended. • Mr. Yatabe, based on due diligence, referenced the statute regarding the objection from Anadarko which is included in the Planning Commission Exhibits (#1 — letter of objection from Anadarko, and #2 — Mr. Yatabe's statute reference) to include Ms. Knackstedt's response on behalf of the applicant which is referenced as Exhibit D of the Board of County Commissioners hearing. After much discussion, the Board deemed it advisable to continue with normal proceedings, noting the objection for the record but also noting that Anadarko had the opportunity to be present today for the hearing and chose not to attend. Further, Chair Kirkmeyer made it clear it is not the County's responsibility to enter into third party disputes and that this objection has no merit on the decision regarding the Use by Special Review being proposed. Commissioner Conway thanked counsel for bringing it to the Board's attention. la Commissioner Moreno moved to approve the request of Boyd and Helen Arnold, c/o Henrylyn Irrigation District, for a Site Specific Development Plan and Use by Special Review Permit, USR15-0023, for any Use permitted as a Use by Right, Accessory Use or Use by Special Review in the Commercial or Industrial Zone Districts (Henrylyn Irrigation District area office, maintenance building and equipment storage building to support the area's irrigation and water delivery canals and ditches), provided that the property is not a lot in an approved or recorded subdivision map 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 Cozad, and it carried unanimously. There being no further discussion, the hearing was completed at 11:29 a.m. 2015-1761 PL2354 HEARING CERTIFICATION - BOYD AND HELEN ARNOLD, C/O HENRYLYN IRRIGATION DISTRICT (USR15-0023) PAGE 4 This Certification was approved on the 29th day of June, 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: datilet) G: •lLovk arbara Kirkmeyer, hair Weld County Clerk to the Board • Mike Freeman, Pro-Tem • BY: De DU Clerk to the Boa can P. Conw 71Fr ulie A. Cozad of ft r Steve Moreno 2015-1761 PL2354 I �, I I ' I I I 1 I ! I a •r; f' ' N ,, 4.1a C U li 'elJ ,.) U t ti k� �'V1 III I.:,,\\ .. ... NI o r ,^ ) v Y J W '^`e i� A. is x , '� f '� ., i • a �� .,, s µ -� ` s 3 " .s \r 1 .41 s g i ;✓ s vci Z .0 1 ';".. t., ‘, •-, ii,' z---- LL, '1 U , t1 L '>.— -1 __,T- 0 c",; ..f. -4— i L Lu '+,_1 I r- —51§4 -75' ''-- ---±7,......- '1 a I i ce \' W a A ,. i'4 .� err _ J Hello