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Home My WebLink About20131955.tiffHEARING CERTIFICATION DOCKET NO. 2013-44 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR13-0021, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (STORAGE OF DRY FEED FOR DELIVERY TO LOCAL CUSTOMERS) 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 - SHUPE FARMS, LLC, C/O BUILD -WEST CONSTRUCTION, LLC A public hearing was conducted on July 31, 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, Bob Choate Planning Department representative, Diana Aungst Public Works representative, Don Carroll Health Department representative, Mary Evett The following business was transacted: El I hereby certify that pursuant to a notice dated June 14, 2013, and duly published June 19, 2013, in the Greeley Tribune, a public hearing was conducted to consider the request of Shupe Farms, LLC, c/o Build -West Construction, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR13-0021, for any use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (storage of dry feed for delivery to local customers) 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. Bob Choate, Assistant County Attorney, made this a matter of record. Diana Aungst, Department of Planning Services, indicated the applicant is not present, therefore, she requested a continuance to a future date. Following discussion, the Board agreed to defer this matter at 11:30 a.m. until after subsequent hearings, and then consider continuation of the matter if the applicant is still to present. Upon reconvening at 2:55 p.m., Mr. Choate reintroduced the matter for the record. Mao 2013-1955 PL2230 HEARING CERTIFICATION - SHUPE FARMS, LLC, C/O BUILD -WEST CONSTRUCTION, LLC (USR13-0021) PAGE 2 El Ms. Aungst presented a brief summary of the proposal and entered the favorable recommendation of the Planning Commission into the record as written. She reviewed the referral responses, site location, and surrounding land use. She noted that referral responses from Greeley and Eaton indicated no concerns. Ms. Aungst showed images of the site, adjacent land use and landscaping. r Don Carroll, Department of Public Works, provided a brief overview of the transportation plans and requirements. He noted CDOT has issued an access permit. He said there will be an estimated 4-5 truck trips per day with good site circulation on a recycled asphalt drive, no employees remain onsite, and the county will not be responsible for drainage on the site. He suggested Development Standard #8 be stricken as non -applicable. Mary Evett, Department of Public Health and Environment, reviewed the water and sewer provisions and mentioned the applicants will seed with native grasses. Jay Pier, with Build -West Construction, LLC, gave an overview of the project and noted that after talking with CDOT the turning radii were increased to 30 feet because County Road 392 is heavily traveled and the trucks are large. He described the building and landscaping. No public testimony was offered concerning this matter. Commissioner Kirkmeyer noted Condition of Approval #1.A, regarding oil and gas rules, should be deleted, which was done by assent of the Board. She also said #1.C should be separated into two topics; lighting and access. By concurrence of the Board there will be a new #1.E.8 which says they will delineate the access, and a new Condition of Approval #1.C to accommodate the CDOT section. Commissioner Freeman addressed Condition of Approval #1.B andsuggested deleting the last sentence regarding curb stops, which was done by concurrence of the Board. Mr. Pier said that the part-time employee will be onsite for a limited time unloading trucks; the general public will not be coming onto the site. Commissioner Kirkmeyer said that a Disabled Parking sign on the side of the building should be sufficient. Condition of Approval #1.B was deleted, by concurrence of the Board. Condition of Approval #1.E.5, regarding the parking plan, was also deleted by association. Commissioner Rademacher confirmed the number of listed employees should be increased to four (4) part-time employees in Development Standard #3, and Development Standard #4, regarding hours of operations, was deleted by assent of the Board. After a review of surrounding uses, the Board deemed Development Standard #6, pertaining to landscaping, unnecessary. The references to signs were left and the rest removed, done by assent of the Board. Development Standard #8 was deleted by concurrence of the Board. In response to Commissioner Rademacher, Mr. Pier said the dust in Development Standard #14 refers to dust from truck traffic, not so much the transfer of material. The second sentence of Development Standard #14 was deleted by concurrence of the Board. 2013-1955 PL2230 HEARING CERTIFICATION - SHUPE FARMS, LLC, C/O BUILD -WEST CONSTRUCTION, LLC (USR13-0021) PAGE 3 Mr. Pier stated he and the applicant have reviewed, and agree to abide by, the Conditions of Approval and Development Standards, as amended. Commissioner Freeman moved to approve the request of Shupe Farms, LLC, c/o Build -West Construction, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR13-0021, for any use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (storage of dry feed for delivery to local customers) 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 amended. The motion was seconded by Commissioner Rademacher, and it carried unanimously. There being no further discussion, the hearing completed at 3:22 p.m. This Certification was approved on the 5th day of August, 2013. BOARD OF COUNTY COMMISSIONERS WELD TY, COLORADO ATTEST: Weld County Clerk to the Board BY: Deputy Cle the Boar William F. Garcia, Chair ou ugl Rademac er, Pro-Tem an P. Conway Mike Freeman A %a/La arbara Kirkmeyerr 2013-1955 PL2230 a V` to SD 16C49 tt 1 N 6 �`� N w X N Lid 1v N \V ` \ r\ u 4' s W csb s - V 4 c:itJt' 5 , ©1 Hello