HomeMy WebLinkAbout20132521.tiffHEARING CERTIFICATION
DOCKET NO. 2013-53
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR13-0027, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (UTILITY INSTALLATION/EXCAVATION SERVICES AND STORAGE OF
RELATED CONSTRUCTION MATERIALS) 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 - LOUIS GOLDSBY,
C/O SCOTT CARR
A public hearing was conducted on September 11, 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, 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 August 2, 2013, and duly published
August 7, 2013, in the Greeley Tribune, a public hearing was conducted to consider the request
of Louis Goldsby, do Scott Carr, for a Site Specific Development Plan and Use by Special
Review Permit, USR13-0027, for a use permitted as a Use by Right, Accessory Use, or Use by
Special Review in the Commercial or Industrial Zone Districts (utility installation/excavation
services and storage of related construction materials) 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 in the A (Agricultural) Zone District. Brad Yatabe,
Assistant County Attorney, made this a matter of record.
Tiffane Johnson, 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. She said surrounding property owners and mineral rights notifications are
complete. Ms. Johnson reviewed photos, surrounding properties, and land use within 500 feet of
the site, as well as existing USRs in the immediate area. She noted that Scott Carr, lives in the
residence on the property, and the majority of the property is open land. The closest residences
are 95 feet from the west property line, and 400 feet from the south property line. The site is
within the three-mile referral area for the City of Fort Lupton, but outside the 2007
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Comprehensive Plan. The City of Fort Lupton indicated an interest in annexation, but the
applicants indicated they are not interested. Ms. Johnson said one phone call and email were
received, expressing concern about more truck parking on the property, and requesting the
USR, if approved, be terminated upon sale of the property. She reviewed current landscaping;
there is a mature tree line which screens the existing trucks, a berm is being erected, and there
is a screening fence between the property and closest residence, and referenced a memo
regarding recommended changes as a result of the Planning Commission discussion, submitted
into the record as Exhibit D: Condition of Approval #1 has been met, Development Standard #4
shall be changed from a specific number of onsite employees to read: "The number of on -site
employees shall be commensurate with the number of employees which the septic system may
accommodate and meet the requirements of the Weld County Code pertaining to individual
sewage system regulations." Everything after the first sentence of Development Standard #12
and Development Standard #13 shall be deleted. In response to Commissioner Kirkmeyer,
Ms. Johnson confirmed the property is currently in violation, and applicant has had other
violations in the County.
l Jennifer Petrik, Department of Public Works, provided a brief overview of the
transportation plans and requirements. In response to Commissioner Kirkmeyer, Ms. Petrik
confirmed there is only one allowed access. In regard to the US Highway 85 Access
Management Plan, Ms. Petrik confirmed this access will be noted on the plat.
El Lauren Light, Department of Public Health and Environment, reviewed the water and
sewer provisions. She noted the existing well is for commercial and residential use and
permitted for up to eight people, a Waste Handling Plan is needed, especially in regard to tire
disposal, and there shall be no oil changes or vehicle washing at the site.
Scott Carr and Louis Goldsby came to the podium and Mr. Goldsby explained his
construction company provides excavation and trucking, commercial construction and hauls
water for fracking, and they intend to operate the business from this site.
No public testimony was offered concerning this matter.
Commissioner Rademacher asked about the Screening Plan. Ms. Johnson said the
application includes a six-foot screening fence around the salvage yard. Commissioner
Kirkmeyer suggested adding a note on the plat indicating the only access is off of CR 2. She
thanked the applicants for bringing the property into compliance and said the berming they are
doing is good. Commissioner Kirkmeyer noted that certain neighbors call her on a regular basis
because they monitor CR 22 and she asked the applicants to stay in compliance.
The access note on the plat was discussed and agreed upon, and Condition of Approval
#1.D.8., stating "Make reference on the plat to the improvements at U.S. Highway 85 and CR 22
as outlined in the US Highway 85 Access Control Plan 1-76 to CR 80, December 1999," was
added, by assent of the Board. Condition of Approval #1.A was deleted, Development Standard
#4 was amended as recommended by staff, and everything after the first sentence of
Development Standard #12 and Development Standard #13 deleted, by assent of the Board.
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In response to Chair Garcia, Mr. Carr and Mr. Goldsby said they have reviewed, and
agree to abide by, the Conditions of Approval and Development Standards, as amended.
Commissioner Kirkmeyer moved to approve the request of Louis Goldsby, c/o Scott Carr,
for a Site Specific Development Plan and Use by Special Review Permit, USR13-0027, for a
use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial
or Industrial Zone Districts (utility installation/excavation services and storage of related
construction materials) 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 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 Conway, who thanked the applicants for obtaining a USR and coming into
compliance with the Weld County Code. There being no further discussion, the motion carried
unanimously, and the hearing was completed at 10:38 a.m.
This Certification was approved on the 16th day of September, 2013.
BOARD OF COUNTY COMMISSIONERS
WELD COTY. COLORADO
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ATTESTT—le -
Weld County Clerk to the Board
BY:
Deputy Clerk
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Willis
Pro-Tem
Sean P. Conway
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Mike Freeman
arbara Kirkmeyer
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