HomeMy WebLinkAbout20130639.tiffHEARING CERTIFICATION
DOCKET NO. 2013-12
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR12-0073, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (RESEARCH, REPAIRING, MANUFACTURING, FABRICATING
PROCESSING, ASSEMBLING, STORAGE AND RETAIL SALES OF TIME LAPSE
PHOTO EQUIPMENT) IN THE A (AGRICULTURAL) ZONE DISTRICT - MARK
ROBERTS JR.
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, Tiffane Johnson
Public Works representative, Jennifer Petrik
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 Mark Roberts, Jr., for a Site Specific Development Plan and Use by Special Review
Permit, USR12-0073, for a Use Permitted as a Use by Right, Accessory Use, or Use by Special
Review in the Commercial or Industrial Zone Districts (research, repairing, manufacturing,
fabricating processing, assembling, storage and retail sales of time lapse photo equipment) in
the A (Agricultural) Zone District. Brad Yatabe, Assistant County Attorney, made this a matter
of record.
a Tiffane Johnson, Department of Planning Services, presented a brief summary of the
proposal, reviewed site layout map, displayed photographs of the site and surrounding area,
described the nature of the business and hours of operation and entered the favorable
recommendation of the Planning Commission into the record as written. She addressed
questions from the Board, and described access to the site. She reported that one phone call
was received from Mr. Russell, a nearby property owner, who expressed concern about
increased traffic, which will be minimal. She also noted the building is designed to look like a
barn to fit into the area.
Chi; OA, PL,
2013-0639
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HEARING CERTIFICATION - MARK ROBERTS, JR. (USR12-0073)
PAGE 2
La Jennifer Petrik, Department of Public Works, provided a brief overview of the access and
transportation plans. She indicated the applicant will be required to enter into a Nonexclusive
License Agreement to utilize a non -County maintained right-of-way, a water quality feature was
included in the design for the project, and she reviewed the anticipated traffic trips. In answer to
Commissioner Conway, Ms. Johnson said the Average Daily Traffic (ADT) count on County
Road 15 is 486. She further stated the Code calls for two (2) parking spaces for every 1,000
square feet, and there are 11 spaces designated on the plan.
Lauren Light, Department of Public Health and Environment, reviewed water and sewer
provisions and the Dust Abatement Plan.
• Mark Roberts, applicant, introduced himself and stated he has been in business for 13
years designing, making and selling time-lapse photo equipment which he sells through the
internet and ships via FedEx. He explained there will be three (3) full-time employees working
at the site, in addition to himself; at this time he does not expect to expand, but he planned the
layout for the future in case his business grows.
• No public testimony was offered concerning this matter.
• In response Commissioner Rademacher, Mr. Roberts indicated there will typically be
one (1) drop-off and one (1) pick-up per day, and they do not manufacture any hazardous
materials. Responding to the Board, Ms. Johnson stated the required number of parking
spaces is based on Code requirements; however, Mr. Roberts has the option to surface the
area with gravel, pavement or recycled asphalt. She further stated he does not have to
designate all of the spaces at this time and will only have to place curb stops for the immediate
employee need. Mr. Roberts stated all of the activities will be indoors, and he did submit a
Screening Plan as requested. The Board agreed an extensive plan is not necessary and
Mr. Roberts indicated he is fine with the plan as proposed. '_ In response to Commissioner
Kirkmeyer's concerns, Ms. Petrik stated a sign is already in place indicating there is no County
maintenance of the roadway or access. Ms. Johnson proposed language be added to Condition
of Approval #1.D.5, to read "The applicant shall label County Road 86 as a non-exclusive,
non -County maintained road on the plat"
[ Responding to Commissioner Freeman, Mr. Roberts indicated agreement with keeping a
maximum of five (5) employees and the hours of operation, and Ms. Johnson indicated any
increase could be reviewed through the Minor Amendment process, which would also review
parking, septic, etc. fai Responding to Chair Garcia, Mr. Roberts stated he has reviewed, and
agrees to abide by, the Conditions of Approval and Development Standards, as proposed and
modified.
Commissioner Conway moved to approve the request of Mark Roberts, Jr., for a Site
Specific Development Plan and Use by Special Review Permit, USR12-0073, for a Use
Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (research, repairing, manufacturing, fabricating processing, assembling,
2013-0639
PL2208
HEARING CERTIFICATION - MARK ROBERTS, JR. (USR12-0073)
PAGE 3
storage and retail sales of time lapse photo equipment) 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 entered into the record. His motion
included the addition of the following to Condition of Approval #1.D.5: "The applicant shall label
County Road 86 as a non-exclusive, non -County maintained road on the plat." The motion was
seconded by Commissioner Rademacher, and it carried unanimously. There being no further
discussion, the hearing was completed at 10:37 a.m.
This Certification was approved on the 18th day of March, 2013.
BOARD OF sy. NTY COMMISSIONERS
WEL COLORADO
mew t.i ..ASSC i1JC._
Weld County Clerk to the Board
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BY.
Deputy Cler
APPRO
the Board
bunty ttorney
Date of signature:
William F. arcia, Ct-ir
Douglas Rademach• r, Pro-Tem
P. Conway
Freeman
arbara Kirkmeyer
2013-0639
PL2208
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ATTENDANCE
HEARINGS ARE AS FOLLOWS ON THIS 13th DAY OF March, 2013:
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