HomeMy WebLinkAbout20120807 HEARING CERTIFICATION
DOCKET NO. 2012-19
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR11-0027, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS, 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
(OFFICE/REPAIR SHOP WITH OUTDOOR VEHICLE/EQUIPMENT STORAGE AND
VEHICLE STAGING AREA ASSOCIATED WITH AN EXCAVATION BUSINESS) IN THE
A (AGRICULTURAL) ZONE DISTRICT— M & M EXCAVATION COMPANY
A public hearing was conducted on March 21, 2012, at 10:00 a.m., with the following present:
Commissioner Sean P. Conway, Chair
Commissioner William F. Garcia, Pro-Tem - EXCUSED
Commissioner Barbara Kirkmeyer
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Brad Yatabe
Planning Department representative, Chris Gathman
Public Works representative, Heidi Hansen
Health Department representative, Mary Evett
The following business was transacted:
I hereby certify that pursuant to a notice dated February 17, 2012, and duly published
February 22, 2012, in the Fort Lupton Press, a public hearing was conducted to consider the
request of M & M Excavation Company, for a Site Specific Development Plan and Use by
Special Review Permit, USR11-0027, for any Use permitted as a Use by Right, Accessory Use,
or Use by Special Review in the Commercial or Industrial Zone Districts, 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 (office/repair shop with outdoor
vehicle/equipment storage and vehicle staging area associated with an excavation business) in
the A (Agricultural) Zone District. Brad Yatabe, Assistant County Attorney, made this a matter
of record.
Chair Conway advised the applicant's attorney, Patrick Groom, Witwer, Oldenburg, Barry and
Johnson, LLP, that he has the option of continuing this matter to a date when the full Board will
be present. However, if he decides to proceed today, it will require three affirmative votes, or in
the case of a tie vote, Commissioner Garcia will listen to the record and make the determining
vote. Mr. Groom indicated he would like to proceed today.
Chris Gathman, Department of Planning Services, presented a brief summary of the proposal,
gave a description of the location of the site, and entered the favorable recommendation of the
UR, Pk PW. a 2012-0807
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HEARING CERTIFICATION - M & M EXCAVATION COMPANY (USR11-0027)
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Planning Commission into the record as written. He stated the applicant is proposing to
construct a new building and two fuel tanks, and park trucks and equipment in a staging area.
He further stated the referral agencies indicated no conflicts with their interests and staff
received no correspondence from surrounding property owners. Mr. Gathman stated the overall
USR consists of 75 acres; however, the actual use will be contained to five acres in the
northwest corner; therefore, staff is requiring screening for the truck parking and staging area,
due to close proximity to adjacent residences. He displayed an aerial site map and photographs
of the property and surrounding area, and indicated the applicant may plant some trees;
however, they have requested the option of waiving the screening requirement if the neighbors
do not object.
Heidi Hansen, Department of Public Works, stated County Road 58 is a collector road requiring
80 feet of right-of-way at full buildout. She stated the average daily traffic count, taken in April,
2010, was approximately 258 vehicles, there is an approved access, the application is
proposing fifteen employees and six to eight trucks daily, and they will be providing a water
quality depression to control stormwater runoff.
Mary Evett, Department of Public Health and Environment, stated the site is served by the
Central Weld County Water District, which has provided a letter of commitment. She stated the
applicant will install an engineer-designed septic system, the fuel tanks will require registration
and a Spill Prevention, Control and Countermeasure Plan, a dumpster will be utilized for trash
removal, and the applicant still needs to address disposal of any waste from vehicle repairs.
She further stated water trucks will be used during construction for dust control; however, the
applicant also needs to submit a Dust Abatement Plan for on-site dust control once the facility is
in operation.
Mr. Groom introduced Terry Miller, M & M President. He stated due to the significant growth in
the oil and gas industry and the need for excavation services, M & M has outgrown the current
business location. He clarified the company intends to operate on six acres in the northeast
corner and retain the remainder of the site for agricultural production. Mr. Groom explained
most of the employees come to the site in the morning, get their work orders, and then spend
the day out at the various job sites, with the exception of three to six employees who remain on
the site. He stated the applicant is requesting to increase the maximum number of employees
up to 30; however, the additional employees would be off-site employees. Mr. Groom explained
the applicant also owns the property to the northwest, and there is a tenant who resides on the
property to the east, which is owned by Hoshiko Farms. He stated the applicant would like to try
and obtain a signed statement from the neighbor waiving the screening requirement. In
response to questions from the Board, Mr. Gathman clarified Development Standard #3 reflects
the total number of both on-site and off-site employees. Ms. Evett added an engineer will
review the length of time employees are on the site when determining the size of the septic
system, and they do account for the reduced impact of drivers. Ms. Hansen expressed no
concern with the increase in employees, since the number of truck trips will not increase. In
response to Mr. Groom, Ms. Hansen clarified there will be no road maintenance component
within the Improvements Agreement; rather, it will address on-site improvements such as
fencing.
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No public testimony was offered concerning this matter.
Following discussion, the Board agreed to amend Development Standard #3 to allow 30
employees "working" on the site; modify Development Standard #4 to extend the hours of
operation to be from 5:00 a.m., until 10:00 p.m., Monday through Saturday; amend Conditions
of Approval #1.A.6 and #8 and Development Standard #26 to waive the screening requirement
upon written agreement by the adjacent property owner(s); and modify Conditions of
Approval #10 and #11 to allow up to 180 days to record the plat. In response to Chair Conway,
Mr. Miller stated he has reviewed, and agrees to abide by, the Conditions of Approval and
Development Standards, as proposed and modified.
Commissioner Kirkmeyer moved to approve the request of M & M Excavation Company for a
Site Specific Development Plan and Use by Special Review Permit, USR11-0027, for any Use
permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts, 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 (office/repair shop with outdoor vehicle/equipment storage and vehicle staging area
associated with an excavation business) 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. Her motion included
amending Development Standard #3 to allow 30 employees "working" on the site; modifying
Development Standard #4 to extend the hours of operation to be from 5:00 a.m., until
10:00 p.m., Monday through Saturday; amending Conditions of Approval #1.A.6 and #8 and
Development Standard #26 to waive the screening requirement upon written agreement by the
adjacent property owner(s); and modifying Conditions of Approval #10 and #11 to allow up to
180 days to record the plat. The motion was seconded by Commissioner Long, and it carried
unanimously. There being no further discussion, the hearing was completed at 11:25 a.m.
This Certification was approved on the 26th day of March, 2012.
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This Certification was approved on the 26th day of March, 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:�7 � C�
Sean P. Conway, Chair
Weld County Clerk to the Board
EXCUSED
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� Willi m F. Garcia, Pro-Te
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isoteRAP, avid E. Long
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EXHIBIT INVENTORY CONTROL SHEET
Case USR11-0027 - M & M EXCAVATION COMPANY
Exhibit Submitted By Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes dated 3/6/2012)
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