HomeMy WebLinkAbout20143328.tiff HEARING CERTIFICATION
DOCKET NO. 2014-83.6
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR14-0045, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (TRUCKING AND TRUCK REPAIR SHOP FOR KNEEBONE EXCAVATING
AND TRUCKING COMPANY, ALONG WITH OUTSIDE EQUIPMENT, VEHICLE
STORAGE AND STAGING, AND RV, BOAT AND CAMPER TRAILER STORAGE)
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- BART'S VENTURE, LLC, C/O RANDY KNEEBONE
A public hearing was conducted on December 17, 2014, at 10:00 a.m., with the following
present:
Commissioner Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem - RECUSED
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner William F. Garcia
Also present:
Clerk to the Board, Esther Gesick
Assistant County Attorney, Brad Yatabe
Planning Services Department representative, Kim Ogle
Planning Services Engineer representative, Jennifer Petrik
Health Department representative, Lauren Light
The following business was transacted:
El I hereby certify that pursuant to a notice dated September 18, 2014, and duly published
September 23, 2014, in the Greeley Tribune, a public hearing was conducted on October 29,
2014, to consider the request of Baits Venture, LLC, c/o Randy Kneebone, for a Site Specific
Development Plan and Use by Special Review Permit, USR14-0045, for any Use permitted as a
Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone
Districts (trucking and truck repair shop for Kneebone Excavating and Trucking Company, along
with outside equipment, vehicle storage and staging, and RV, boat and camper trailer storage)
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, at which time the Board deemed it necessary to continue the
matter to December 17, 2014, to allow the applicant additional time to meet the 30-day Mineral
Notice required by State statute. On December 17, 2014, Brad Yatabe, Assistant County
Attorney, made this a matter of record and noted the Draft Resolution reflects the removal of
"RV, Board and Camper Trailer Storage" from the requested uses as recommended by the
Planning Commission.
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(USR14-0045)
PAGE 2
E Commissioner Kirkmeyer stated her brother owns the subject property; therefore, she
recused herself from the hearing due to a conflict of interest.
El Kim Ogle, Department of Planning Services, presented a brief summary of the proposal
and confirmed the applicant requested removal of all references to "RV, boat and camper trailer
storage" uses from the application to address the concerns of the adjacent property owner to
the north. Mr. Ogle reviewed the municipal referral comments and surrounding land uses. He
stated staff received three letters of opposition from surrounding property owners expressing
concerns with the amount of traffic, noise, and lack of screening. Additionally, the Board of
Directors of the New Brantner Ditch Company expressed concerns regarding potential impacts
along the 40-foot-wide prescriptive easement and requested no improvements be placed that
would prohibit maintenance and that historic storm flows be maintained. Mr. Ogle reviewed the
proposed site layout, entered the favorable recommendation of the Planning Commission into
the record as written and displayed photographs of the site and surrounding area.
El Jennifer Petrik, Department of Planning Services Engineer, provided a brief overview of
the transportation plans and requirements. She noted County Road (CR) 19 is classified as an
arterial roadway which requires 140 feet of right-of-way at full buildout, it has an average daily
traffic count (ADT) of 947 vehicles, and she reviewed the anticipated traffic trips which will be
generated by the proposal. She further stated an Improvements and Road Maintenance
Agreement will be required, the access has been approved, the drainage feature needs to be
limited due to public concerns, a Grading Permit will be required, historical flows must be
maintained on the site, and no parking will be allowed on the County road.
El Lauren Light, Department of Public Health and Environment, reviewed the water and
sewer provisions, including a commercial septic system and well. She also indicated the
various Conditions of Approval and Development Standards which address Health Department
requirements.
�'---- Randy Kneebone, applicant, stated he has been in business for 19 years and he intends
to purchase the 13-acre site to relocate his business from his current rental location, pending
approval of the USR application. He stated the input from the Marrs family resulted in the
redesign of the layout and he noted he has no immediate plans to construct the residence. He
further stated he intends to raise the grading prior to construction of the shop to prevent flooding
in the event of a ditch overflow; however, he will also preserve the historical stormwater flow so
as to not impact the ditch.
E Barry Marrs, surrounding property owner to the north, stated his appreciation for the
applicant meeting with him and his willingness to accommodate the request for a new layout
which minimizes the impact while still preserving the applicant's private property rights. His
remaining concern is that if the property changes ownership there is the potential for expansion
of the use across the entire site. Mr. Marrs stated he is a member of the Brantner Ditch
Company and he confirmed the 2013 flood did not result in major damage along the ditch,
although he did express concern with a future retention pond potentially draining into the ditch.
2014-3328
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El Commissioner Garcia thanked the Marrs Family for a well written letter describing their
concerns. Mr. Marrs verified the screening concern was reduced with the relocation of the
shop, although he would appreciate some trees or shrubs to screen the equipment storage
area. He stated the concern regarding the hours of operation was also addressed with the
relocation, noting that he also conducts farming operations at all hours.
In response to Chair Rademacher, Mr. Kneebone agreed to the Board's proposal to
remove the hours of operation and, following discussion, it was agreed the applicant should
work with his neighbor and staff to determine an appropriate location for landscaping. In
response to Commissioner Conway, Mr. Ogle stated Condition of Approval #1.J.5 is for
screening of outdoor storage from adjacent properties and right-of-way; the applicant simply
needs to submit a document detailing their plan to screen the outdoor storage, and the Board
concurred. The Board also agreed to delete Development Standard #3 concerning the hours of
operation. Mr. Kneebone stated he will continue to work with staff and for the benefit of Mr.
Marrs, the Board explained any future changes to the plan would require an amendment of the
USR and notification to the surrounding property owners.
E In response to Commissioner Garcia, Mr. Ogle stated the Resolution does not currently
limit future expansion, although the application does specify 35 pieces of equipment and the plat
map will depict the parking area. If sold, the new owners would be required to go through the
amendment process to enact any changes which provides for county staff oversight and notice
to the surrounding property owners.
Fl In response to Chair Rademacher, Mr. Kneebone stated he has reviewed, and agrees to
abide by, the Conditions of Approval and Development Standards, as amended.
El Commissioner Conway moved to approve the request of Bart's Venture, LLC, c/o Randy
Kneebone, for a Site Specific Development Plan and Use by Special Review Permit,
USR14-0045, for any Use permitted as a Use by Right, Accessory Use, or Use by Special
Review in the Commercial or Industrial Zone Districts (trucking and truck repair shop for
Kneebone Excavating and Trucking Company, along with outside equipment, vehicle storage
and staging, and RV, boat and camper trailer storage) 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. The motion was
seconded by Commissioner Garcia, and it carried unanimously. Commissioner Conway
commended the applicant and neighbors for working together to come to an agreement. There
being no further discussion, the hearing was completed at 11:17 a.m.
2014-3328
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HEARING CERTIFICATION - BART'S VENTURE, LLC, CIO RANDY KNEEBONE
(USR14-0045)
PAGE 4
This Certification was approved on the 22nd day of December, 2014.
BOARD OF COUNTY COMMISSIONERS
�,,,,,// WELD COUNTY, COLORADO
ATTEST:d C to4 "i,•� `� `S�,��r
Do as R1demacher, Chair
Weld County Clerk to the Board
RECUSED
Barbara Kirkmeyer, Pro-Tern
B Olen kto 01 DedduttClerk to the oard
Sean P. Conway
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2014-3328
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