HomeMy WebLinkAbout20130961.tiffHEARING CERTIFICATION
DOCKET NO. 2013-18
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR13-0003, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY
USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (INDOOR AND OUTDOOR STORAGE OF EQUIPMENT FOR A
CONSTRUCTION AND A CONCRETE 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 - DENNIS KESSLER
A public hearing was conducted on April 24, 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:
El I hereby certify that pursuant to a notice dated March 11, 2013, and duly published
March 14, 2013, in the Greeley Tribune, a public hearing was conducted to consider the request
of Dennis Kessler, for a Site Specific Development Plan and Use by Special Review Permit,
USR13-0003, for a Use permitted as a Use by Right, Accessory Use, or Use by Special Review
in the Commercial or Industrial Zone Districts (indoor and outdoor storage of equipment for a
construction and a concrete 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.
El Diana Aungst, Department of Planning Services, presented a brief summary of the
proposal and site review, including one letter from a surrounding property owner, and reviewed
surrounding land uses. She reported that the City of Greeley indicated the site is in the urban
growth boundary for Windsor and they have no concerns, and the Town of Windsor does not
recommend annexation at this time due to the absence of city water and sewer, and also
indicated they would like to see landscaping. The planning commission recommended approval
by a 5-2 roll -call vote. Ms. Aungst displayed photographs of the site improvements, including a
fence which surrounds the outdoor storage on the east, south and west, and the owner
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proposes a fence along the north side as well. She stated the Town of Windsor and Water
Valley have requested screening and additional landscaping is proposed. In response to
Commissioner Conway, Ms. Aungst confirmed the site is currently in violation.
Jennifer Petrik, Department of Public Works, provided a brief overview of the transportation
plans and requirements. She said the site has gated and locked access, the applicant will be
using recycled concrete, less than ten (10) people will be using the site per day, and an
improvements agreement is required. In response to Commissioner Conway, Ms. Petrik said
she felt the project was compatible with surrounding uses.
Lauren Light, Department of Public Health and Environment, reviewed the water and
sewer provisions. She said there is no vehicle maintenance on site and that, as a result of the
planning commission hearing, the applicant said the outdoor storage area would be graveled for
improved dust abatement.
El Dennis Kessler, applicant, introduced his project, and described it as low-key, mainly
vehicle parking, with no deliveries, sales or signage. Wayne Howard, Department of Public
Works, said there are no plans for construction on O Street at this time and this site is in line
with future development, including 60 acres of proposed commercial sites. In response to
Commissioner Conway, Mr. Kessler said the closest resident is a friend and supports the
project. He then spoke briefly on the new oil and gas set back rules and the planning in the
area. Mr. Kessler said he is dialoguing with his neighbor to the west about putting in a large
berm with trees for visual screening from the road, and said he has been concerned with
keeping the project visually attractive from the start.
IEl No public testimony was offered concerning this matter.
In response to Commissioner Conway, Ms. Aungst said two members of the Planning
Commission were opposed, primarily because they were concerned about the view from a
high -end Windsor subdivision. Mr. Yatabe noted the main objection seemed to be compatibility,
but there were no specific issues. In response to Commissioner Kirkmeyer, Mr. Kessler said he
was not asked to approve his view of the subdivision or the oil and gas facility and he has gone
above and beyond in terms of screening and aesthetics. Mr. Kessler affirmed that he has
reviewed, and agrees to abide by, the Conditions of Approval and Development Standards, as
proposed.
Fl In response to Commissioner Rademacher, Mr. Kessler said he's been in business for 30
years and never had over seven (7) employees, so a limit of ten (10) is appropriate.
Commissioners Rademacher and Conway also suggested changing Development Standard #4
to "daylight hours, Monday through Saturday" or even just "daylight hours". Commissioner
Kirkmeyer then recommended this restriction be deleted completely since the employees are
just picking up and dropping off vehicles. The Board concurred.
Fl At Commissioner Kirkmeyer's request, Ms. Aungst showed slides of the revised
landscaping and screening plan, which includes four (4) new trees and a berm on the west and
south side, and additional fencing on the north side. In response to Commissioner Conway,
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Mr. Kessler said that there might be additional changes depending on the neighbor's requests.
In response to Commissioner Kirkmeyer, Ms. Petrik offered to remove the word "equivalent" in
Development Standard #8 for clarification, and to add the words "or rec cled concrete," which
is the material the applicant plans to use, and the Board concurred. PA Mr. Kessler thanked
the County employees for their help and agreed to abide by the Conditions of Approval and
Development Standards, as proposed and modified.
IU Commissioner Freeman moved to approve the request of Dennis Kessler for a Site
Specific Development Plan and Use by Special Review Permit, USR13-0003, for a Use
permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (indoor and outdoor storage of equipment for a construction and a
concrete 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, with the Conditions of Approval and Development
Standards as entered into the record and modified. The motion was seconded by
Commissioner Kirkmeyer, and it carried unanimously. There being no further discussion, the
hearing was completed at 10:42 a.m.
This Certification was approved on the 29th day of April, 2013.
ATTEST:
Weld County Clerk to the
BY:
Deputy Clerk to the Boar
BOARD OQUNTY COMMISSIONERS
WELD COLORADO
.I
William'F. Garcia, Chair
Sean P. Conway
Mike Freeman
arbara Kirkmeyer,
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