Okay, this is the Adam County Board of Adjustment for Thursday, May 21st, 2020. And it is six o'clock, so we're gonna call this meeting to order. If the Secretary will call the roll, please. Certainly, Mr. Stanfield. Here, Mr. Nighom. Here, Mr. Bush. Present. Mr. Nighholm here. Mr. Bush. President. Mr. Hancock here. And Mr. Green is virtually here. We are all present. All right. We're going to go down the agenda as published rather than have a pledge of allegiance. So can I have a motion? Is everybody read the minutes? I see nods everywhere. Can I have a motion to approve? Mr. Chair, I'll offer a motion to approve the minutes. A second. Okay, and I have a second. Melvin seconded. Will you call the role, Mr. Green? Mr. Nihom. You're agree? Mr. Bush. Yes. Mr. Hancock. Yes. Mr. Green. Yes. Mr. Standfield. Yes. Okay. We have one case tonight that is BSP 2020 01013 called Mimosa Leader Blade. Mr. Chair, may I please, Mr. Chair, can I do the attorney's verification of jurisdiction please? Yes, did I skip that? I did indeed. Oh, sorry. No, no problem. Just want to make sure we got the right record. The county attorney's office has reviewed portions of the case files on today's agenda. It finds that all notice requirements have been satisfied and jurisdiction is properly before this board. that all notice requirements have been satisfied and jurisdiction is properly before this board. Great, thank you. Okay, do we have the applicants here? Yes, okay. Good. Mr. Barnes, will you present the case, please? Thank you. I'm Greg Barnes with the Adams County Community and Economic Development Department. And tonight's only case before you is known as the Mimosa Leader Blade Station. The case number is VSP2020-00013. The site in question is located at 11235 Mimoso Road. The requests before you are requests for variances from the minimum accessory structure setbacks on this property. This particular property has a required front setback of 100 feet, a required arterial right-of-way setback of 80 feet, those two setbacks overlap one another. And the applicant is proposing a 75 foot setback from the front and arterial right-of-way property line. In addition, there is a 20 foot setback from the front and arterial right-of-way property line. In addition, there is a 20-foot setback required on the side property line and the applicant is requesting 15 feet from that property line. So first let's talk about what this site is. The property is known as the Mimosa Leaderblade Station and that is an Adams County-owned facility. The facility is used for maintenance of rural roads, particularly gravel roads, and the site is used to store graders and other maintenance equipment. There are some employees for the county that work out of this facility as well. In 2019 the Board of County Commissioners approved a renovation project for this property. The commissioners wanted to improve the employee facilities on the property to better serve the community for rural road maintenance. In addition there was a plan to install fueling facilities on the property, so that employees won't have to travel so far to refuel. And then finally, any existing structures on the property would be demolished and rebuilt with new facilities. Let's take a look at where this site is, because I think that's an important piece of this puzzle. I have a map of all of Adams County, shown here. I've highlighted where Brightness, here in the purple area, Bennett is this yellow area. The unincorporated community is Strasburg, it's located on the south side of the county. And about 20 miles northeast of Strasburg is the Mimosa leaderblade station. This is an incredibly rural area and there's very little development. This aerial photo shows the subject property highlighted in blue and there are 12 sections of land shown on this map. And as you can see, there's very, very little development in this area. The site is located on the northwest side of Mimosa Road and East 112th Avenue. This aerial photo was taken in 2018 before any of the renovation project was even considered. As you can see, there was one small structure on the property, but there was very little development on the site at that time. The new plan, which as supported by the County Commissioners, would construct a new facilities building on the Northwest quadrant of the site, as well as a fueling facility along the Western property line. Side access would be gained on both Momosa and 112th Avenue. A few images just to help you gauge what the site looks like. So this is looking westbound on 112th Avenue. You can see the grading work has already begun for the new project. This is actually looking east in front of the property on 112th Avenue. 112th Avenue sort of curves to become a moserode to the left. You can kind of see it better here and then it heads north along the eastern edge of the property and becomes aimosa Road. And then directly to the east from the site, this is really the closest structure to the site. It's the old leader hall community center. It's in disrepair now, but it sort of helps you gauge what the area is historically like. The zoning on the property is an important thing to talk about. So it is zoned public lands and it is surrounded by agricultural three zoning. The public land zone district is probably not one that many of you have heard of because it is a very rare zone district. The primary use is allowed in the public land zone district, including government owned facilities, parks, and open space. There are only 10 properties, 10 parcels in the whole county that are zoned public lands. And this is one of them. Of those 10 properties, six are owned by Adams County. The other four are owned by the Highland Hills Recreation District, Adams County Fire District, the school district number 50 and Commercy. So there are very few properties that are zone P.O. The interesting thing about our regulations for the public land zone district is there are setbacks listed in the public land zone district is there are setbacks listed in the public land zone district regulations. However, there's also a clause that adjoining properties zoning those setbacks apply to the public lands property. So because this particular property is public lands and it is surrounded by agricultural three zoning and I'll remind you that agricultural three zoning has a minimum lot size of 35 acres. The agricultural three zoning setbacks actually applied to this lot which is only two acres. Hence the need for this variance because the setbacks are extreme for the size of the property. The future land use map is shown here, and the entire area is agriculture. It's designated agriculture on the future land use map. And this designation is for very low density residential. It caps out at about one dwelling unit per 35 acres. Primary uses in the area would be agricultural production or land preservation. The leader blade station is important to help serve those goals because it maintains the roads and the unpaved road structure in the county and it supports the agricultural economy of eastern Adams County. When looking at a variance, the criteria for approval includes that there is a physical hardship specific to the lot, that the rights of the property owner would be deprived without the variance versus other people in the same zone district, that the request doesn't grant a special privilege to the applicant, that the zoning would not allow, that the request could not be developed in conformance with our regulations, that the zoning would not allow, that the request could not be developed in conformance with our regulations, that the circumstances behind the variance and the need for it was not created by the applicant, that the request is harmonious and compatible to the general area and the purpose of our regulations. There's no detriment to the public good that would be created by the variance, and then finally, that a non-conforming use couldn't be extended by the variance. So I showed you the site plan earlier. There would be two structures on the property, the large facility's building, which would be in the northwest, and then the smaller fuel facility, which would be on the west side of the property. and then this smaller fuel facility, which would be on the west side of the property. As I mentioned, the agricultural three zone district has very large setbacks for a small property like this. So this map shows where those setbacks would be and what the building envelope would be for accessory structures on the property. Because of the unusual circumstances for setbacks, 100 foot setback would be required from the southern property line on 112 Avenue. A 100-foot setback would be assessed on the eastern property line along Mamosa Road, and then 20-foot setbacks would be assessed for the northern and eastern property lines, which are the rear and and Eastern property lines, which are the rear and the side property lines. As you can see, the majority of this property would be within a required setback, which limits the building envelope. In addition, when there's a fueling facility, there needs to be a little more space from other structures. And so the county would prefer this fueling facility be located along the west side of the property line with a certain amount of spacing from that facility's building. In addition to this variance I think it's also important to mention that the county does have an ongoing round of regulation amendments which are currently in the referral period. These regulation amendments are scheduled to go before the planning commission on June 11th and the Board of County Commissioners on June 23rd. The unusual circumstances behind this property have sort of helped the county realize that perhaps this rare zone district, the public land zone district is not served well by the standards that are actually in the regulations. So we are including the setbacks as part of those code amendments, which would possibly be approved by the Board of County Commissioners later this June, which would change the setbacks and possibly render this variance unneeded. However, the public works department has applied for the variance because variance is run faster than code amendments and it allows them more time to begin construction while the weather is warm and hopefully give this facility operational much more quickly because it's an important asset to the county. During the referral period, we notified all property owners and occupants within a thousand feet. It is a very rural area so there were only six notices that needed to be sent. We didn't get any public comments on this case and we did not hear any opposition or concerns from referral agencies as well. So in light of all that staff has determined that this request is consistent with the criteria for variants and we are recommending approval of this variance with eight findings of fact and two notes and I do have those findings of fact and notes available for you to review. Thank you. Thank you, Mr. Barnes. Is the representative of Ms. Carson is online, I see? Yes, I'm here. Okay. You, of course, being Adams County should have received all the information from Mr. Barnes already. Have you not? Yes. Okay. Does there anything that you disagree with? No. If you had, you're already told him, wouldn't you? No, I believe he's covered everything that I believe is correct about the site. Okay. Do you have anything that you'd like to present? Nothing additional, everything in this packet here or things that I already agree with. Okay good. Ms. Fitz, do we have any public input at all from anybody going to sign in or anything? There have been no public comments since the written and deadline of last night. And we have not received any public comments during this hearing. Okay, I'm gonna ask our members if they have any questions of either Miss Carson's or Mr. Barnes. I have a comment from Mr. Barnes. I want to remark how irritating that little black dot was in the center of the screen. And how many times I can try to clean this up my screen was really okay. Yeah, you should try looking at this computer 24 hours a day. It's it's Barnes, can you tab to the next slide in your presentation? So it looks like the facilities building as designed would be in breach of the setbacks as well. No, the setbacks that are in question are accessory structure setbacks and not principle structure setbacks are different. Okay. And then why do the propane facility and trash dumpster not apply in this situation? It's only pertains to accessory structures. And so I don't believe either of those qualify as a structure. Okay. And then the last question I've got is why not rezone it? Well that's a long story. This was rezone to public lands so that the use could be allowed. And after the rezone was approved last September, the site plan was drawn up. And that's when the county realized that there was a need for the variance. But public lands was the zone district to allow the use because agricultural three wouldn't. So yeah, that's why we're here today. So that that recently just happened in September. It was approved, I believe. happened in September. It was approved, I believe. Okay. Interesting. And does all I'm curious about this. Would it have had to have stayed public lands or it could you have done a commercial use or something that would have had lesser setbacks and this not be an issue? I'm not sure which zone districts this type of use would be allowed there might may have been others but we are Concern would be if the county decided to sell it then we may have some unusual use out there at least with public land zoning we can sort of control how many uses are allowed on the property Okay, okay. Thank you for those answers Hey, does anybody else have any questions for Mr. Barnes or Ms. Carson? Yes, Mr. Barnes, when the UDOs are approved, what's going to be the red short date? It'll be active immediately. So if the Board of County Commissioners approves it on June 30, it will take action that day. Okay. All right. If anyone else have any questions. May we have a motion? Mr. Chair, I would like to make a motion. I'd like to make a motion to approve case number VSP 2020-000013, case name, Mimosa Leader Blade Station, or approval with eight findings of fact and two notes. the state and the state and the state and the state and the state and the to pull the board, please. Mr. Bush. Yes. Mr. Hancock. Yes. Mr. Stanfield. Yes. Yes. Yes. Mr. Dianne-Holm. Yes. And Mr. Green, yes. It appears that Ms. Carson that your request has been approved and therefore let's charge ahead Mr. Barnes. Do we have any old business that needs to come before the board, Ms. Fitz? Okay. If not, then I will adjourn a meeting at 621. Any objections? Make it so. Thanks everybody. We will see you in a minute. Have a great evening. Thank you very much, estimate. All right. Thanks everybody. Bye.