HomeMy WebLinkAbout20133251.tiffHEARING CERTIFICATION
DOCKET NO. 2013-75
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR13-0047, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (PERSONAL TRAINING FACILITY) 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 -
KEVIN AND CHRISTINA CONTRERAS
A public hearing was conducted on November 20, 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, Susan Brown
Assistant County Attorney, Brad Yatabe
Planning Department representative, Diana Aungst
Public Works representative, Jennifer Petrik
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated October 14, 2013, and duly published
October 17, 2013, in the Greeley Tribune, a public hearing was conducted to consider the
request of Kevin and Christina Contreras, for a Site Specific Development Plan and Use by
Special Review Permit, USR13-0047, for a use permitted as a Use by Right, Accessory Use, or
Use by Special Review in the Commercial or Industrial Zone Districts (personal training facility)
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.
Diana Aungst, Department of Planning Services, presented a brief summary of the
proposal and entered the favorable recommendation of the Planning Commission into the
record as written. The property is currently in violation due the operation of a 2,000 square -foot
commercial gym. There are two nearby residences, the closest being 50 feet to the south. Two
letters of concern were received from surrounding property owners regarding signage, the
applicant is communicating with them to come to an acceptable arrangement for signage and
lighting, and a lighting plan is required.
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El Jennifer Petrik, Department of Public Works, provided a brief overview of the transportation
plans and requirements. Approximately 20 people visit the site per day at this time, and may
eventually increase up to 50.
El Lauren Light, Department of Public Health and Environment, reviewed the water and
sewer provisions. She noted there is a residential septic system for up to four people and
existing restrooms in the gym which need to be reviewed by an engineer. The applicant's may
need to request an injection well permit from the EPA.
Kevin Contreras, applicant, explained the shed was on the property when they purchased
it, so he and his wife began having friends and co-workers come to the gym and provide
personal coaching as a hobby, and they have one paid employee because they both work full
time jobs. In response to Commissioner Kirkmeyer, Mr. Contreras reviewed possibilities for
attractive signage and said this will remain a small operation, but people looking for the
business should to be able to tell they have arrived. He said they have a good relationship with
the neighbors and want to keep it that way.
No public testimony was offered concerning this matter.
El Commissioner Kirkmeyer said she is in support. Ms. Aungst noted that there is adequate
parking, and this just needs to be shown on the approved design, and noted the building mostly
screens the parking. Commissioner Kirkmeyer noted the property is landscaped and neat and
what she sees in the picture should suffice as a screening plan, and she gave a general
direction to staff not to put excessive a burden on the applicant. In response to Commissioner
Rademacher, Mr. Contreras confirmed the hours of operation, 5:30 a.m. to 8:00 p.m, are
acceptable.
El In response to Chair Garcia, Mr. Contreras said he has reviewed, and agrees to abide by,
the Conditions of Approval and Development Standards, as amended.
Commissioner Freeman moved to approve the request of Kevin and Christina Contreras
for a Site Specific Development Plan and Use by Special Review Permit, USR13-0047, for a
Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial
or Industrial Zone Districts (personal training facility) 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, with the Conditions of
Approval and Development Standards as amended and entered into the record. The motion
was seconded by Commissioner Rademacher, and it carried unanimously. There being no
further discussion, the hearing was completed at 11:18 a.m.
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This Certification was approved on the 25th day of November, 2013.
ATTEST:
Weld County Clerk to the Board
BY:
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
WELD COLORADO
William F. Garcia, Chair
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Mike Freeman
arbara Kirkmeyer
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