HomeMy WebLinkAbout20130653.tiffHEARING CERTIFICATION
DOCKET NO. 2013-15
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR12-0078, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (CONSTRUCTION BUSINESS) 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 - INTERRA, LLC, C/O
KEITH AND CHRISTINA ROTH
A public hearing was conducted on March 13, 2013, at 10:00 a.m., with the following present:
Commissioner William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Brad Yatabe
Planning Department representative, Diana Aungst
Public Works representative, Heidi Hansen
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated January 30, 2013, and duly published
February 4, 2013, in the Greeley Tribune, a public hearing was conducted to consider the
request of Interra, LLC, c/o Keith and Christina Roth, for a Site Specific Development Plan and
Use by Special Review Permit, USR12-0078, for a Use Permitted as a Use by Right, Accessory
Use, or Use by Special Review in the Commercial or Industrial Zone Districts (construction
business) 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. Brad Yatabe, Assistant County Attorney, made this a matter of
record.
Fl Diana Aungst, Department of Planning Services, presented a brief summary of the
proposal, and indicated staff received no correspondence of opposition from surrounding
property owners. One letter was received from the closest resident requesting that the
requirement for fencing and landscaping was not necessary and that it be removed. Ms. Aungst
displayed photographs and reviewed the site location and surrounding land uses. She noted
the site is 1.75 miles south of the Town of Kersey, which has no concerns with this USR, and
staff entered the favorable recommendation of the Planning Commission into the record as
written.
cif w,I94
2013-0653
PL2210
HEARING CERTIFICATION - INTERRA, LLC, C/O KEITH AND CHRISTINA ROTH
(USR12-0078)
PAGE 2
a Heidi Hansen, Department of Public Works, provided a brief overview of the transportation
plans and requirements. Ms. Hansen reviewed the traffic count and the proposed traffic on
County Road (CR) 53, which consists of 15 employees, with ten (10) company pick-ups and
one (1) semi -truck per day. She reviewed the turning radius for tractor -trailers, and said
recycled asphalt will be used, the water quality feature is acceptable, and they have met all
conditions
a Lauren Light, Department of Public Health and Environment, reviewed the water and
sewer provisions, and disposal of waste materials. Because a portable toilet is adequate for less
than two (2) employees not at the site full-time, she indicated that Condition of Approval #5.A
may not be necessary.
El Kristina Roth, applicant, introduced herself and her husband, Keith Roth, and explained
they have a small construction business, and they build mostly post -frame metal buildings
primarily for agriculture, but also for residential and commercial use. She stated they will now
buy materials in bulk and do their own overhead doors and use this facility for storage. Ms.
Roth further stated they have three (3) full-time employees who do not work on -site; however,
they are planning for future growth.
No public testimony was offered concerning this matter.
El Ms. Roth mentioned that there was some concern about non-agricultural fencing from the
neighbors, but that issue has been addressed. She stated they would prefer not to install a
septic system until such time as there are employees on the site and noted that putting up
collateral for building a drive -way seems excessive. Ms. Light explained the collateral will be
determined at the time of improvements and will likely not be required. The Board subsequently
agreed to delete Condition of Approval #1.A.
Chair Garcia noted that criteria paragraph #2.A.2 suggests that a Screening Plan is
required and he also suggested the deletion of Condition of Approval #4.D, regarding
landscaping and screening. Commissioner Conway moved to delete Condition of
Approval #1.F.6, and the Board concurred. By assent of the Board, criteria paragraph #2.A.2
was modified, deleting the following: "The Conditions of Approval state that a Screening Plan is
required. This screening, along with" and retaining the remainder of the sentence, to read, "The
Development Standards and other Conditions of Approval, will assist in mitigating the impacts of
the facility on the adjacent properties." Ms. Aungst noted that Condition of Approval #5.A is
covered under Development Standard #18 and, by concurrence of the Board, #5.A was deleted.
The Board also agreed to add the following language to the end of Development Standard #18:
An individual sewage disposal system is required when the number of employees exceeds
two (2) full-time or four (4) part-time." In response to Commissioner Rademacher, Ms. Roth
indicated they proposed 15 employees to accommodate future growth and when they install a
septic system, it will be designed for full capacity.
2013-0653
PL2210
HEARING CERTIFICATION - INTERRA, LLC, C/O KEITH AND CHRISTINA ROTH
(USR12-0078)
PAGE 3
Mr. Roth asked about the large number of parking spaces required, and Ms. Light said
that 28 spaces was the number calculated on the map, but they do not all need to be built at this
time. Commissioner Rademacher suggested Condition of Approval #1.B.1 be altered to read,
"The applicant shall provide adequate parking for their employees," and the Board concurred.
Ms. Hansen noted that the Department of Public Works looks at traffic and circulation on the
site, so the parking spaces still need to be marked on the USR map as "future parking".
Commissioner Rademacher also clarified no parking lines would be required, just curb blocks.
ER Mr. Yatabe clarified that the change would substitute for the entire paragraph of 1.B.1.
Ms. Roth asked about the road improvement fees, stating that they are based on the size
and use of the building, but seem too high because their actual impact on the roadway will be
low. Chair Garcia explained that matter is separate from this venue, and via an appeal process
they could potentially change the classification. Mr. Roth said they need to spend more money
to appeal, which includes road studies. Commissioner Kirkmeyer suggested that they talk to the
Director of Planning Services, Tom Parko, and he could help them with alternatives to spending
money on a traffic study. Chair Garcia stated that, unfortunately, this is not a matter for the
Board at this time.
Commissioner Kirkmeyer suggested the deletion of Development Standard #7.
Ms. Aungst explained its purpose was due to the applicant potentially leasing a part of their
building to another company, and staff would like to ensure that the leased use is consistent
with the USR. Commissioner Kirkmeyer indicated the applicants' promise to follow the
Development Standards should be adequate and the Board concurred to delete Development
Standard #7.
iLIZA Mr. and Ms. Roth stated they have reviewed, and agreed to abide by, the Conditions of
Approval and Development Standards, as amended.
Commissioner Freeman moved to approve the request of Interra, LLC, c/o Keith and
Christina Roth, for a Site Specific Development Plan and Use by Special Review Permit,
USR12-0078, for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review
in the Commercial or Industrial Zone Districts (construction business) 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. His motion included
modifications of Criteria paragraph #2.A.2, Condition of Approval #1.B.1, and Development
Standards #6 and #18, and the deletion of Conditions of Approval #1.D, #1.F.6 and #5.A and
Development Standard #7, as entered into the record. The motion was seconded by
Commissioner Conway, and it carried unanimously. There being no further discussion, the
hearing was completed at 11:13 a.m.
2013-0653
PL2210
HEARING CERTIFICATION - INTERRA, LLC, C/O KEITH AND CHRISTINA ROTH
(USR12-0078)
PAGE 4
This Certification was approved on the 18th day of March, 2013.
BOARD OF COUNTY COMMISSIONERS
WELD CTY, COLORADO
ATTEST:
Weld County Clerk to the Board
BY:
Deputy Cler
y
orney
arbara Kirkmeyer
Date of signature: `I(ibbi3
2013-0653
PL2210
C
0
U
W
cc
ATTENDANCE
HEARINGS ARE AS FOLLOWS ON THIS 13th DAY OF March, 2013:
2
H
Z
H
N
2
U
C
z
I -
W
.Y
re
�Z
FN -Q
re
mo
re cc
aW
I • I
N IO
--
MG 73
G 73
N N
# *k
F F
YY
O • 0
CC
PLEASE legibly write or print your name and complete address.
ADDRESS
123 Nowhere Street, City, State, Zip
J
0
s'J
(4.
1/1.,g
U
Av
NC-
4
:
ti
.c
NAME
John Doe
1
X
S-4-
.9„
vi
a
Jc
Hello