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HomeMy WebLinkAbout20143316.tiff BEFORE THE WELD COUNTY, COLORADO , PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Jordan Jemiola, that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR14-0045 APPLICANT: BARTS VENTURE LLC, O/O RANDY KNEEBONE PLANNER: KIM OGLE REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL USE PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (TRUCKING AND TRUCK REPAIR SHOP FOR KNEEBONE EXCAVATING 8( TRUCKING COMPANY ALONG WITH OUTSIDE EQUIPMENT. VEHICLE STORAGE AND STAGING; AND RECREATION Al VEHICLE, BOAT AND-G- AM•PEP-T-RAILER STORAGE, PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT LEGAL DESCRIPTION : PART SW4 SECTION 22, 1N. R67W OF THE 6TH P. M. , WELD COUNTY, COLORADO. LOCATION: EAST OF AND ADJACENT TO CR 19, 0.5 MILES SOUTH OF CR 8. be recommended favorably to the Board of County Commissioners for the following reasons: 1 . The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2 . It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A. 1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 23-2-220.A. 1 . A. Policy 7. 1 . states "County land use regulations should support commercial and industrial uses that are directly related to, or dependent upon, agriculture, to locate within the agricultural areas, when the impact to surrounding properties is minimal , or can be mitigated, and where adequate services are currently available or reasonably obtainable." The Trucking Company base of operations, trucking and truck repair shop along- with future screened Recreational Vehicle, Boat and CampecTr-a+Isr-Storage B. Section 22-2-100. E. C.Goal 5. States "Minimize the incompatibilities that occur between commercial uses and surrounding properties." The facility is a located on a thirteen acre parcel defined by the Brantner Ditch to the east and County Road 19 to the west. The 80 foot x120 foot shop building will be constructed to the north end of the property and will be utilized for parking and maintenance of equipment and vehicles. The proposal call of outside parking of the 4 tractor trailers and construction equipment and this area will be required to be screened from adjacent property and public rights-of-way. Planning staff will be requiring a Screening Plan to screen outdoor storage/staging of vehicles, a parking plan to address parking location on the property to mitigate the impacts of noise, exhaust onto neighboring properties and a Lighting Plan to direct lights downward and away from neighboring properties as a condition of approval prior to recording the USR map. C. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-40. S of the Weld County Code lists any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts (Randy Kneebone Trucking and Truck Repair Shop along with Outside Equipment, Vehicle Storage and Staging; and--Recreat o.nal cle, Beat and-Camper Trailer S.torage) provided that the property is not a Lot in an approved or recorded subdivision map or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions as a Use by Special Review in the A (Agricultural) Zone District - EXHIBIT . 14_ RESOLUTION USR14-0045 VENTURE LLC, O/O RANDY KNEEBONE PAGE 2 D. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The surrounding properties are generally large parcel agricultural lots with single family residences. To the north and northwest are several recorded exemption parcels with improvements, and to the east, southwest and south are larger agricultural parcels in production with a limited residential development. There are six property owners on seven parcels within five hundred feet of this proposed facility. Two property owners provided letters of opposition to the proposed facility. Barry and Valerie Maars with Maars Milky Way Dairy, LLP, adjacent property owner to the north expressed concerns about creating a small industrial zoned area in an agricultural / residential area appears to be piecemeal approach to zoning and there were concerns with the request for the RV storage lot when currently there are four large storage areas within 4 miles of this proposed facility. Continuing, if approved a request for a building envelope, and the placement of the shop approximately 250 feet to the east of County road 19 and restriction on noise levels and hours of operation as well as fencing and landscaping requirements. A second property owner, Mrs. James Lefforge, to the northwest of the property held concerns of the amount of traffic and noise this facility would bring to the quiet neighborhood, and is opposed to this facility. The New Brantner Ditch Company Board of Directors in an undated letter discussed " . . .the forty (40) foot in width prescriptive easement from centerline of ditch utilized to run water and maintain the ditch for the stockholders of the company. The company requires that no above or below ground structures or improvements of any kind be placed on our easement that may restrict our right to maintain either side of the ditch without Board approval. In addition the company does not permit any non-historic storm flows anywhere along the ditch . The application indicates that the normal drainage on the property sheet flows into the ditch. This statement is inaccurate. The ditch has a berm along its western side the entire length of this property and no historic flows have entered the ditch. Even in last September's historic storm event, no storm water went into the ditch at this location, but rather formed a pond above the ditch berm and radiated out into the field." As previously stated, staff is requiring a Screening Plan to screen outdoor storage/staging of vehicles, a Parking Plan to address parking location on the property to mitigate the impacts of noise, exhaust onto neighboring properties and a Lighting Plan to direct lights downward and away from neighboring properties as a condition of approval prior to recording the USR map. E. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site is located within the three (3) mile referral area of the Cities of Dacono, Fort Lupton, Brighton and Northglenn. The parcel is also located within the three (3) mile referral area of Adams County. The City of Fort Lupton in their referral comments, dated August 13, 2014 indicated that they are currently updating the comprehensive plan map and the proposed update includes the site within its boundaries. The City would like the opportunity to discuss annexation with the applicant. The City of Northglenn in their referral comments. dated August 22, 2014 indicated they have no concerns. The Cities of Dacono and Brighton and the Adams County Planning Department did not return a referral response. F. Section 23-2-220.A. 5 -- The application complies with Chapter 23, Article V, of the Weld County Code. . The existing site is not located within the Floodplain, Airport or Geologic hazard areas. The property is located within the County-Wide Road Impact Fee Area and the Capital Expansion Impact Fee area. Building Permits issued on the lot will be required to adhere to the fee structure of the County-Wide Road Impact Fee Program . Building Permits issued on the proposed lot will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. RESOLUTION USR14-0045 VENTURE LLC, CIO RANDY KNEEBONE PAGE 3 G . Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The proposed facility is located on approximately 13 acres designated "Prime" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The parcel is encumbered by the Brantner Ditch with a forty foot easement from centerline of the ditch to the east and County Road 19. a collector roadway to the west. The oddly shaped parcel would not be conducive to agricultural practices and there is no irrigation water associated with this property. H . Section 23-2-220.A.7 — There is adequate provisions for the protection of the health. safety, and welfare of the inhabitants of the neighborhood and County. The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code) , Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Planning Commission recommendation for approval is conditional upon the following: 1 . Prior to recording the map: A. The applicant shall submit a Lighting Plan to the Department of Planning Services, for review and approval. Any lighting poles and lamps shall comply with Section 23-3-360. F. which states, in part, that. "any lighting shall be designed. located, and operated in such a manner as to meet the following standards: sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent properties." (Department of Planning Services) B. The applicant shall submit a Screening Plan to the Department of Planning Services for review and approval . All parking areas shall be screened from adjacent properties and public rights of way. (Department of Planning Services) C. The applicant shall submit a Signage Plan to the Department of Planning Services. for review and approval, if signage is desired. Signs shall be in compliance with Chapter 23, Article IV, Division II and Appendices 23-C , 23-D and 23-E of the Weld County Code. (Department of Planning Services) D. The applicant shall submit a Parking Plan to the Department of Planning Services for review and approval. This updated parking plan shall show the dimensions of the drives and the parking stalls and delineate curb stops for the parking spaces shown on the Use by Special Review map. (Department of Planning Services) E. The applicant shall address the requirements (concerns) of the City of Fort Lupton, as stated in the referral response dated August 13, 2014. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. (Department of Planning Services) F. The applicant shall submit written evidence of a commercial well to the Department of Planning Services and the Department of Public Health and Environment. (Department of Public Health and Environment) G . The applicant shall submit a waste handling plan. for approval , to the Environmental Health Services Division of the Weld County Department of Public Health & Environment. The plan shall include at a minimum , the following: RESOLUTION USR14-0045 VENTURE LLC. 0/O RANDY KNEEBONE PAGE 4 1 . A list of wastes which are expected to be generated on site (this should include expected volumes and types of waste generated). 2. A list of the type and volume of chemicals expected to be stored on site. 3. The waste handler and facility where the waste will be disposed (including the facility name, address. and phone number). (Department of Public Health and Environment) H . The applicant shall attempt to address the requirements of the Fort Lupton Fire Protection District, as stated in the referral response dated August 5, 2014. Written evidence of such shall be submitted to the Weld County Department of Planning Services. (Department of Planning Services) An Improvements Agreement will be required for this site. Road maintenance including damage repairs and triggers for improvement will be a part of the Agreement (Trucking and Future RV Storage). Written evidence of such shall be submitted to the Weld County Department of Planning Services. (Department of Public Works) J . The USR map shall be amended to delineate the following: 1 . All sheets of the map shall be labeled USR14-0045 (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The map shall be prepared in accordance with Section 23-2-260. D of the Weld County Code. (Department of Planning Services) 4. The applicant shall delineate the trash collection areas. Section 23-3-350. H of the Weld County Code addresses the issue of trash collection areas. Areas used for storage or trash collection shall be screened from adjacent properties and public rights-of-way. These areas shall be designed and used in a manner that will prevent trash from being scattered by wind or animals. (Department of Planning Services) 5. The approved Screening Plan. (Department of Planning Services) 6. The approved Lighting Plan. (Department of Planning Services) 7. The approved Signage Plan. (Department of Planning Services) 8. The approved Parking Plan. (Department of Planning Services) 9. County Road 19 is designated on the Weld County Road Classification Plan as an arterial road, which requires 140 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. An additional 40 feet shall be delineated on the plat as future County Road 19 right-of-way. All setbacks shall be measured from the edge of future right-of- way. The applicant shall verify the existing right-of-way and the documents creating the right-of-way and this information shall be noted on the plat. a-f-the-r-iht of-way•cannot•be erif-i t-s-ha-I-I--be- e4ca-te-c- This road is maintained by Weld County. (Department of Public Works) 10. Show the approved access(es) on the map and label with the approved access permit number (AP14-00278) (Department of Public Works) 11 . S#ew-aspha-IWa-rya-anl- re-e-y-cl-etaae4oc-ati ns-a-nd labc,. Show on the map the approved tracking control. (Department of Public Works) 12 . Show Water Quality Control Volume (size) . in cubic feet volume on plat. Label "No Build Zone and No Parking or Storage at this Location." (Department of Public Works) RESOLUTION USR14-0045 VENTURE LLC. C/O RANDY KNEEBONE PAGE 5 13. Show 45-60 foot adequate turning radius and tie into County Road 19 at the same grade. (Department of Public Works) 14. Show 60 foot adequate turning radius and tie into County Road 19 at the same grade. (Department of Planning and Engineering) 2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1 ) paper copy or one (1 ) electronic copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon approval of the map the applicant shall submit a Mylar map along with all other documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Section 23-2-260. D of the Weld County Code. The Mylar map and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 3. In accordance with Weld County Code Ordinance #2012-3; approved April 30, 2012, should the map not be recorded within the required one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added for each additional three (3) month period. (Department of Planning Services) 4. The Department of Planning Services respectfully requests a digital copy of this Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles orArcGIS Personal GeoDataBase (MDB). The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable) . This digital file may be sent to maps(a�co.weld.co.us. (Department of Planning Services) 5. Prior to Construction: A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to the start of construction. (Department of Public Works) 6. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review map is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. (Department of Planning Services) Motion seconded by Michael Wailes. VOTE: For Passage Against Passage Absent Benjamin Hansford Bruce Johnson Bruce Sparrow Jason Maxey Jordan Jemiola Joyce Smock Michael Wailes Nick Berryman Terry Cross The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings. RESOLUTION USR14-0045 VENTURE LLC, C/O RANDY KNEEBONE PAGE 6 CERTIFICATION OF COPY I , Kristine Ranslem , Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on December 2, 2014. Dated the 2nd of December, 2014. Digitally signed by Kristine �� �` i1U Rallainkt- Ranslem Date: 2014. 12.05 07:44:58 -07'00' Kristine Ranslem Secretary SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Barts Venture LLC c/o Randy Kneebone Kneebone Excavating and Trucking Inc. USR14-0045 1 . A Site Specific Development Plan and Use by Special Use Permit, USR14-0045, for any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts (Trucking and Truck Repair Shop for Kneebone Excavating & Trucking Company along with Outside Equipment, Vehicle Storage and Staging; and Recreational Vehicle, Boat-and-Gamper Trailer Star--age) , provided that the property is not a lot in an approved or recorded subdivision map or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. The hours of operation are 7:00 a. m . - 6:00 p.m . Monday — Saturday, as stated by the applicant(s). (Department of Planning Services) 4. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100. 5, C. R. S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 5. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C. R. S. (Department of Public Health and Environment) 6. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The applicant shall operate in accordance with the approved Waste Handling Plan, at all times. (Department of Public Health and Environment) 7. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in accordance with the approved Dust Abatement Plan, at all times. (Department of Public Health and Environment) 8. This facility shall adhere to the maximum permissible noise levels allowed in the Non-Specified Zone District, as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and Environment) 9. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. (Department of Public Health and Environment) 10. All potentially hazardous chemicals must be handled in a safe manner, in accordance with product labeling). All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations. (Department of Public Health and Environment) 11 . Process wastewater (such as floor drain wastes) shall be captured in a watertight vault and hauled off for proper disposal . Records of installation, maintenance, and proper disposal shall be retained. (Department of Public Health and Environment) 12 . Sewage disposal for the facility shall be by septic system . Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment) RESOLUTION USR14-0045 VENTURE LLC, O/O RANDY KNEEBONE PAGE 8 13. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The facility shall utilize the existing public water supply. (Department of Public Health and Environment) 14. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 15. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the plan. Neither the direct, nor reflected: light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with, or construed as, traffic control devices. (Department of Planning Services) 16. The screening/parking/signage/lighting on the site shall be maintained in accordance with the approved Screening/Parking/Signage/Lighting Plans. (Department of Planning Services) 17. Should noxious weeds exist on the property, or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code. (Department of Public Works) 18. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Public Works) 19. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Public Works) 20. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized. (Department of Public Works) 21 . Building permits may be required, per Section 29-3- 10 of the Weld County Code. Currently, the following have been adopted by Weld County: 2012 International Codes, 2006 International Energy Code, and 2011 National Electrical Code. A Building Permit Application must be completed and two (2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A Geotechnical Engineering Report performed by a Colorado registered engineer shall be required or an Open Hole Inspection. (Department of Building Inspection) 22. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 23. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. 24. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards, as shown or stated, shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 25. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 26. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious. but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are RESOLUTION USR14-0045 VENTURE LLC, CIO RANDY KNEEBONE PAGE 9 drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S. , provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm . Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. ILAIltrizES ID11l1 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, October 7, 2014 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair, Jason Maxey, at 1:30 pm. Roll Call. Present: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick Berryman, Terry Cross. Also Present: Kim Ogle and Tiffane Johnson, Department of Planning Services; Wayne Howard, Engineering, Don Carroll, Department of Public Works; Lauren Light, Department of Health; Brad Yatabe, County Attorney, and Kris Ranslem, Secretary. Motion: Approve the September 16, 2014 Weld County Planning Commission minutes, Moved by Joyce Smock, Seconded by Benjamin Hansford. Motion passed unanimously. CASE NUMBER: USR14-0039 APPLICANT: EUDEN BALDERRAMA PLANNER: KIM OGLE REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL USE PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (HEAVY EQUIPMENT - TRUCKING AND TRUCK REPAIR SHOP ALONG WITH OUTSIDE EQUIPMENTNEHICLE STORAGE AND STAGING), PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT. LEGAL DESCRIPTION: LOT B REC EXEMPT RE-4704, PART SW4 SECTION 22, T2N, R66W OF THE 6TH P.M.,WELD COUNTY, COLORADO. LOCATION: 1300 FEET EAST OF CR 31: NORTH OF AND ADJACENT TO CR 18. Kim Ogle, Planning Services, stated that the applicant is requesting a continuance to the November 4, 2014 Planning Commission hearing due to a medical emergency. The Chair asked if there was anyone in the audience who wished to speak for or against the continuance of this application. Dale Dexter, 8326 CR 31, stated that he is an adjacent property owner. He said that it should be heard today. He added that it is not compatible with the agricultural and residential area. The Chair stated that the applicant and their representative are not here due to a medical emergency and added that the request is to continue this case. Mr. Dexter stated that he is in favor of continuing this case to the November 4th hearing. Motion: Continue Case USR14-0039 to the November 4, 2014 Planning Commission hearing, Moved by Benjamin Hansford, Seconded by Joyce Smock. Vote: Motion carried by unanimous roll call vote (summary: Yes= 9). Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick Berryman, Terry Cross. CASE NUMBER: USR14-0045 APPLICANT: BARTS VENTURE LLC, CIO RANDY KNEEBONE PLANNER: KIM OGLE REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL USE PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY EXHIBIT 1 -6 ���-��-0045 USE. OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (TRUCKING AND TRUCK REPAIR SHOP FOR KNEEBONE EXCAVATING & TRUCKING COMPANY ALONG WITH OUTSIDE EQUIPMENT. VEHICLE STORAGE AND STAGING: AND RECREATIONAL VEHICLE, BOAT AND CAMPER TRAILER STORAGE), PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT LEGAL DESCRIPTION PART SW4 SECTION 22. 1N. R67W OF THE 6TH P. M . . WELD COUNTY, COLORADO. LOCATION: EAST OF AND ADJACENT TO CR 19. 0.5 MILES SOUTH OF CR 8 Kim Ogle, Planning Services, stated that the applicants are requesting a continuance to the November 18, 2014 Planning Commission hearing to meet the 30 day mineral notification requirement. The Chair asked if there was anyone in the audience who wished to speak for or against continuing this application. No one wished to speak. Motion : Continue Case USR14-0045 to the November 18, 2014 Planning Commission Hearing. Moved by Nick Berryman, Seconded by Benjamin Hansford. Vote: Motion carried by unanimous roll call vote (summary: Yes = 9). Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick Berryman , Terry Cross. CASE NUMBER: USR14-0023 APPLICANT- COULSON EXCAVATING COMPANY. C/O VARRA COMPANIES. INC PLANNER. KIM OGLE REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A MINERAL RESOURCE DEVELOPMENT INCLUDING OPEN PIT MINING (SANDS, GRAVELS AND STONES). AND MATERIALS PROCESSING INCLUDING CONCRETE OR ASPHALT BATCH PLANTS AND/OR RECYCLING OPERATIONS IN THE A (AGRICULTURAL) ZONE DISTRICT LEGAL DESCRIPTION: LOT B REC EXEMPT RE-3197. PART NE4 SECTION 10. T5N, R65W OF THE 6TH P. M , WELD COUNTY. COLORADO_ LOCATION- NORTH OF AND ADJACENT TO EAST 16TH STREET WEST OF AND ADJACENT TO FERN AVENUE Kim Ogle, Planning Services, presented Case USR14-0023, reading the recommendation and comments into the record . Commissioner Jemiola noted that he knows the applicant, Brad Janes. but feels that he can make a fair and impartial judgment on this case. In response to the Chair's inquiry, Mr. Jemiola stated that he has no financial interest in this matter. The Planning Commission did not have any problems with Commissioner Jemiola hearing this case today. Mr. Ogle stated that the Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Commissioner Maxey said that he didn't see the hours of operation in the staff report and asked if it should be included. Mr. Ogle believed there is a development standard that talks about daylight hours of operation per a Section of the Code. Commissioner Maxey referred to Conditions of Approval 1 . K and 1 . L regarding exterior lighting and signs and added that it appears identical Conditions of Approval 2 13 and 2 . 14. Mr. Maxey asked if both are needed in the staff report. Mr. Ogle replied that both are required as the first part states that the applicants needs to show us what the lighting standard is and on the map they will show where those lighting centers are located. Mr. Maxey noted that these conditions of approval are identical in wording and suggested that in Conditions of Approval 2. 13 and 2. 14 it should read "shall delineate the lighting or sign locations". Mr. Ogle stated that Mr Maxey is correct and will amend the language. 2 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, November 18, 2014 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair, Jason Maxey, at 1:30 pm. Roll Call. Present: Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick Berryman, Terry Cross. Absent: Benjamin Hansford, Bruce Johnson Also Present: Kim Ogle, Diana Aungst and Tom Parko, Department of Planning Services; Wayne Howard and Jennifer Petrik, Department of Planning - Engineering; Elizabeth Relford, Department of Public Works; Lauren Light, Department of Health; Brad Yatabe, County Attorney, and Kris Ranslem, Secretary. Motion: Approve the November 4, 2014 Weld County Planning Commission minutes, Moved by Bruce Sparrow, Seconded by Joyce Smock. Motion passed unanimously. CASE NUMBER: USR14-0045 APPLICANT: BARTS VENTURE LLC, C/O RANDY KNEEBONE PLANNER: KIM OGLE REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL USE PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (TRUCKING AND TRUCK REPAIR SHOP FOR KNEEBONE EXCAVATING & TRUCKING COMPANY ALONG WITH OUTSIDE EQUIPMENT, VEHICLE STORAGE AND STAGING; AND RECREATIONAL VEHICLE, BOAT AND CAMPER TRAILER STORAGE), PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A(AGRICULTURAL)ZONE DISTRICT LEGAL DESCRIPTION: PART SW4 SECTION 22, 1N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: EAST OF AND ADJACENT TO CR 19, 0.5 MILES SOUTH OF CR 8. Kim Ogle, Planning Services, presented Case USR14-0045, reading the recommendation and comments into the record. Mr. Ogle noted that three surrounding property owners and the New Brantner Ditch provided letters of opposition to the proposed facility. The letters outlined concerns in regard to creating a small industrial zoned area in the agricultural residential area, concerns of the RV storage facility, amount of traffic and noise to the area, and compatibility of the surrounding area. The New Brantner Ditch, in their letter, stated that no above or below ground structures or improvements of any kind be placed on the easement, without approval from the Ditch Board. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Jennifer Petrik, Engineering, reported on the existing traffic, access and drainage conditions and the requirements on site. Ms. Petrik requested to amend Condition of Approval 1.J.9 by removing the second to last sentence "If the right-of-way cannot be verified, it shall be dedicated." Additionally, she requested to amend Condition of Approval 1.J.11 to read "Show on the map the approved tracking control". Ms. Petrik also suggested amending Condition of Approval 1.J.13 to read "Show 60 foot adequate turning radius and tie into County Road 19 at the same grade." Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site dust control, and the Waste Handling Plan. Ms. Light noted that there was a typographical error in Development Standard 13 and asked that"public" be changed to"private". 1 Randy Kneebone stated that staff did a really good job of explaining the project. He has not purchased the property yet, as he is waiting for approval of this proposal. He plans to build a shop and operate his excavating business from this site. Mr. Kneebone said that he has no plans right now to build a house or operate the RV storage but said it may be a thought in the future so he included it in the plan at this time. Commissioner Wailes asked why the shop is located close to the neighbor. Mr. Kneebone said that he wanted to keep it to the north so that he could use the rest of the property for the future residence/RV parking. He added that the rest of the property could be farmed for hay right now. Commissioner Jemiola stated that he struggles with having RV facilities in the agricultural zone district and asked Mr. Kneebone what the primary use of the site will be and how important it is to have both businesses or one. Mr. Kneebone said that it is extremely important for him to operate his excavating business out of this site. He added that the RV facility was just something to potentially supplement income. Mr. Kneebone said that he intends to build a shop for his excavating business and that is the primary operation of the site. He emphasized that the RV storage is only an idea at this point. Commissioner Berryman asked the applicant if he spoke with any of the surrounding property owners. Mr. Kneebone said that he has not spoken to anyone; however he did stop twice at the Maars property to the north but nobody was home. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Commissioner Sparrow stated that he had lived in the area and knows the landowners in the area; however he feels that he can be fair and impartial in this case. Brad Yatabe, County Attorney, said that if Mr. Sparrow has doubts then he suggested that he recuse himself. However, he added that if he feels he can be impartial and then gets into the testimony and decides he needs to leave, he may do so. Arlan Maars, 2858 CR 19, stated that he and his brothers own the farm located north of this site. He stated that he is concerned with the closeness of this activity from his brother's front door. He suggested moving the shop, along with the access, further to the southern portion of the site. Additionally, he would appreciate the applicant talking to his brother regarding the potential screening prior to the County Commissioner hearing. Mr. Maars said that with regard to the RV storage facility it exponentially increases the impact and if it is in the application then they have to assume it will be. He is concerned with the additional amount of traffic. Commissioner Sparrow said it sounds like Mr. Maars is not opposed to the project but wishes to see the shop moved to the south. Mr. Maars said that he believes in private property rights but it does come down to compatibility. He would just like to see it further away from the residences. Barry Maars, 2528 CR 19, stated that he doesn't believe this project is in compliance with Section 23-2- 220.A.1 as it is not directly related to or dependent upon agriculture. Additionally, he cited Section 23-2- 220.A.2 and doesn't feel is it compatible with surrounding parcels. He added that Mr. Kneebone was correct that there is alfalfa planted there now and has produced three (3) cuttings of hay. He is concerned with the proximity of this to his house and the potential impact to the value of his property. He also suggested that the shop be located to the southern portion of the property as it would give some separation from the commercial impact and his house. He added that he is not crazy about the RV storage component. Mr. Kneebone said that he put the shop up on the northern portion of the site since it is the high side of the property. He does not intend to block Mr. Barry Maars' view by locating his shop at the northern portion of the building, but rather match the location of Mr. Maars' shop. Mr. Kneebone emphasized that he wants to be a good neighbor and is happy to work the neighbors. Commissioner Berryman asked how many vehicles will be on site. Mr. Kneebone said that he started this company 19 years ago with 1 dump truck and it has grown slowly. He said that he hasn't given much thought about it but added that currently he has four (4) trucks and approximately 35 heavy equipment vehicles and he doesn't envision much growth. Mr. Berryman said that it would be a good courtesy to the public to give them a reasonable expectation for the future. 2 Commissioner Jemiola clarified if screening will be added. Mr. Kneebone said that he will add screening if that is what is required, he just prefers open space. Commissioner Maxey said that the neighbors appear to be agreeable to the project but are concerned with compatibility. He encouraged the applicant to visit with them regarding their concerns and potential changes to the layout of the site plan. The Chair asked staff to repeat the suggested changes to the Staff Report. Ms. Petrik stated that after further review she would like to add a Condition of Approval 1 .J to read "Drainage analysis is required by a Colorado Professional Engineer to determine a design to maintain historic flows on site." Motion: Add Condition of Approval 1 .J as stated by staff, Moved by Nick Berryman, Seconded by Michael Wailes. Motion carried unanimously. Additionally, Ms. Petrik requested an amendment to Condition of Approval 1 .J.9 by removing the second to last sentence, "If the right-of-way cannot be verified, it shall be dedicated." Motion: Amend Condition of Approval 1 .J.9 as stated by staff, Moved by Nick Berryman, Seconded by Joyce Smock. Motion carried unanimously. Ms. Petrik suggested changing the language in Condition of Approval 1 .J. 11 to read "Show on the map the approved tracking control." Motion: Amend Condition of Approval 1 .J. 11 as stated by staff, Moved by Nick Berryman, Seconded by Terry Cross. Motion carried unanimously. Ms. Petrik suggested amending Condition of Approval 1 .J. 13 to read "Show 60 foot adequate turning radius and tie into County Road 19 at the same grade." Motion: Amend Condition of Approval 1 .J. 13 as stated by staff, Moved by Nick Berryman, Seconded by Joyce Smock. Motion carried unanimously. The Chair asked the applicant if they have read through the amended Development Standards and Conditions of Approval and if they are in agreement with those. The applicant stated that he agrees with the conditions of approval and development standards but requests a continuance to allow him time to discuss mitigation with the neighbors. In response to the Chair's inquiry, Mr. Ogle stated that the Board of County Commissioner hearing is scheduled for December 17, 2014. The Chair asked the applicant if he felt he could mitigate these concerns by the Board of County Commissioner hearing. Mr. Kneebone said that should allow him enough time to meet with the Maars' and come to an agreement if that fits into the Maars' schedule. Motion : Continue to the December 2, 2014 Planning Commission hearing, Moved by Bruce Sparrow, Seconded by Nick Berryman. Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick Berryman, Terry Cross. Meeting adjourned at 5:49 pm. Respectfully submitted, Digitally signed by Kristine Ranslem 14 Date: 2014.11 .20 07:52:48 -07'00' Kristine Ranslem Secretary 3 C 712 lid) 9\ I SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, December 2, 2014 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building, Hearing Room , 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair, Jason Maxey, at 1 :30 pm. Roll Call. Present: Benjamin Hansford , Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick Berryman, Terry Cross. Absent: Bruce Johnson. Also Present: Kim Ogle, Chris Gathman and Tom Parko, Department of Planning Services; Wayne Howard and Jennifer Petrik, Department of Engineering; Elizabeth Relford and Janet Lundquist, Department of Public Works; Lauren Light, Department of Health; Brad Yatabe, County Attorney, and Kris Ranslem , Secretary. Motion: Approve the November 18, 2014 Weld County Planning Commission minutes, Moved by Bruce Sparrow, Seconded by Michael Wailes. Motion passed unanimously. CASE NUMBER: USR14-0045 APPLICANT: BARTS VENTURE LLC, C/O RANDY KNEEBONE PLANNER: KIM OGLE REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL USE PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (TRUCKING AND TRUCK REPAIR SHOP FOR KNEEBONE EXCAVATING & TRUCKING COMPANY ALONG WITH OUTSIDE EQUIPMENT, VEHICLE STORAGE AND STAGING; AND RECREATIONAL VEHICLE, BOAT AND CAMPER TRAILER STORAGE), PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT LEGAL DESCRIPTION: PART SW4 SECTION 22, 1N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: EAST OF AND ADJACENT TO CR 19, 0.5 MILES SOUTH OF CR 8. Commissioner Hansford stated that he was not in attendance at the last hearing where this case was presented; therefore he would like to recuse himself for this case. Kim Ogle, Planning Services, presented Case USR14-0045, reading the recommendation and comments into the record . Mr. Ogle noted that since the continuance from the last hearing, the applicant has removed the RV component from the application and has amended the site plan to move the residence from the south end of the property to the north end which will be located closer to the existing residences. Additionally, the proposed shop is located to the south end of the property, as requested by the surrounding property owners. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Jennifer Petrik, Engineering, recommended amending Condition of Approval 1 .J .9 by removing the second to last sentence "If the right-of-way cannot be verified , it shall be dedicated." Additionally, she requested to amend Condition of Approval 1 .J . 11 to read "Show on the map the approved tracking control". Ms. Petrik also suggested amending Condition of Approval 1 .J. 13 to read "Show 60 foot adequate turning radius and tie into County Road 19 at the same grade." Lauren Light, Environmental Health, stated that they have no concerns with removing the RV component. 1 Randy Kneebone, 1384 Reliance Court, Erie, Colorado, said that since the last hearing he has met with Mr. Barry Maars who lives directly north of the property. He added that he has amended his site plan to be more compatible with the surrounding neighbors. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Barry Maars, 2528 CR 19, stated that he lives directly north of the proposed site. He thanked Mr. Kneebone for his willingness to work with him . He added that with the amended plan he feels that the potential impacts have been minimized as much as possible and are satisfied with this plan. Mr. Maars asked the Planning Commission to consider eventual numbers with this project. He has no problem with what Mr. Kneebone is proposing for equipment; however this USR stays with the property and is concerned that if left open those numbers might increase with a potential different business in the future. The Chair asked what maximum limit he would be satisfied with. Mr. Maars said that he would be agreeable to 10 over the road trucks and then possibly a 10 percent increase in equipment. Mr. Kneebone said that he would agree to the 10 truck limit. Currently he has 35 pieces of excavation equipment of which 90% is not typically on site. After further clarification on the breakdown of number of trucks and trailers, he requested 10 trucks and 10 trailers along with the excavation equipment. Commissioner Sparrow asked if it would be easier to limit the parking to a certain number of acres. Ms. Petrik said that it could be limited to the number of acres; however it would affect the drainage on site as the impervious area is larger and might require additional drainage requirements. Commissioner Maxey asked if this could be worked out before the Board of County Commissioner hearing. Mr. Ogle replied yes. Ms. Petrik noted that at the last hearing a Condition of Approval 1 .J was added to read "Drainage analysis is required by a Colorado Professional Engineer to determine a design to maintain historic flows on site". Since the RV component is no longer part of this application, Ms. Petrik recommended that this condition no longer be required. Brad Yatabe, County Attorney, stated that since it was voted on at the last hearing it should be voted on to remove that requirement as well . Motion : Delete Condition of Approval 1 .J as was amended at the last hearing, Moved by Nick Berryman, Seconded by Bruce Sparrow. Motion carried unanimously. Motion : Amend Condition of Approval 1 .J .9 as stated by staff, Moved by Bruce Sparrow, Seconded by Michael Wailes. Motion carried unanimously. Motion : Amend Condition of Approval 1 .J . 11 as stated by staff, Moved by Nick Berryman, Seconded by Bruce Sparrow. Motion carried unanimously. Motion : Amend Condition of Approval 1 .J . 13 as stated by staff, Moved by Bruce Sparrow, Seconded by Michael Wailes. Motion carried unanimously. Mr. Yatabe recommended that since the RV, boat and camper trailer component have been withdrawn from the application that it also be deleted in the staff report. Motion : Delete all references regarding RV, boat and camper trailers from the staff report, Moved by Bruce Sparrow, Seconded by Joyce Smock. Motion carried unanimously. The Chair asked the applicant if they have read through the amended Development Standards and Conditions of Approval and if they are in agreement with those. The applicant replied that they are in agreement. Motion : Forward Case USR14-0045 to the Board of County Commissioners along with the amended Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Jordan Jemiola, Seconded by Michael Wailes. 2 Vote: Motion carried by unanimous roll call vote (summary: Yes = 8). Yes: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick Berryman, Terry Cross. Meeting adjourned at 4:52 pm . Respectfully submitted, 43i Digitally signed by Kristine Ranslem T noit.,1r' . Date: 2014.12.05 07:58:52 -07'00' Kristine Ranslem Secretary 3 Hello