HomeMy WebLinkAbout20120809 HEARING CERTIFICATION
DOCKET NO. 2012-18
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR11-0023, 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 (STORAGE OF
UP TO 30 TRAILERS AND 25 TRUCKS, ALONG WITH A FUTURE SHOP
ASSOCIATED WITH A TRUCKING BUSINESS) IN THE A (AGRICULTURAL) ZONE
DISTRICT-ADOLPH AND JOHN TREVINO
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-Tern - 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, Lauren Light
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 Adolph and John Trevino for a Site Specific Development Plan and Use by Special
Review (USR) Permit, USR11-0023, 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 (storage of up to 30 trailers and 25
trucks, along with a future shop associated with a trucking business) in the A (Agricultural) Zone
District. Brad Yatabe, Assistant County Attorney, made this a matter of record.
Chair Conway advised the applicants that they have the option of continuing this matter to a
date when the full Board will be present. However, if they decide 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. Adolph Trevino indicated he would like to proceed today.
Chris Gathman, Department of Planning Services, presented a brief summary of the proposal,
described the location of the eight-acre parcel, and entered the favorable recommendation of
the Planning Commission into the record as written. He reviewed the adjacent land uses for the
record and explained the USR application was submitted to address an active zoning violation,
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HEARING CERTIFICATION -ADOLPH AND JOHN TREVINO (USR11-0023)
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which will be closed if the USR is approved and the plat recorded. Mr. Gathman stated the
property is not located with a three-mile referral area or IGA area of any municipality; however,
he did receive an e-mail from a surrounding property owner expressing concern with blowing
trash. He stated the applicants have since clarified the complaint was associated with animal
feed sacks and there is a Condition of Approval which requires a dumpster enclosure to address
the issue. He further stated they have also constructed a fence; however, it is not directly
related to the truck storage area. In response to Commissioner Conway, Mr. Gathman
indicated the individual who submitted the complaint did speak at the Planning Commission
hearing; however, they are not present today. He further stated the applicants are requesting
the use of a portable toilet and bottled water, and he displayed an aerial site map and
photographs of the site and surrounding area.
Heidi Hansen, Department of Public Works, stated the site is accessed from County Road
(CR) 39, which is a collector status road requiring 80 feet of right-of-way at full buildout. She
stated the average daily traffic count was approximately 1,111 vehicles, there will be no on-site
workers, one truck will leave the lot per week, and no water quality feature was required for this
site.
Lauren Light, Department of Public Health and Environment, stated if portable restrooms are not
allowed, then Condition of Approval #1.B requires a permanent septic system. She stated the
applicants have removed the homemade privy, water is provided by the Central Weld County
Water District, and water is applied for dust control. Ms. Light stated trash will be put in the
dumpster and then hauled to the main business facility for removal service, they will not be
burning trash, there will be no washing or maintenance of vehicles, and the 55 gallon drums at
the site are used to contain animal feed and are not associated with the USR. She further
stated there are no structures at the facility, and the Board can address whether they intend to
allow the use of portable toilets for the proposed use. In response to Commissioner Kirkmeyer,
Ms. Light stated the County does issue burn permits and language regarding what is allowed
could be added to the Resolution, if desired.
Adolph Trevino, applicant, stated the site is used to store their equipment when it is not in use,
and the animals at the site belong to his father. He stated he included a residence and shop as
part of the application so they do not have to do an amendment in the future, but right now they
just store 16 pieces of equipment, including trucks and trailers, which are used at different times
throughout the year. Lee Trevino, brother of applicants and co-operator, confirmed there will be
no burning of trash, and they have constructed a six-foot fence around the dumpster to prevent
blowing trash. Adolph Trevino stated they operate their business from a shop in the Town of
LaSalle, the subject site is only used for storage, there will be no on-site employees, and they
haul primarily agricultural products on a seasonal basis. Responding to Commissioner
Kirkmeyer, the applicants indicated they are cleaning up the yard and believe they now have a
good working relationship with the neighbor. Commissioner Kirkmeyer clarified it is important to
ensure they are not burning trash. Ms. Light stated there is no charge to obtain a burn permit
for weeds, etcetera; however, they are not allowed to burn trash. In response to Commissioner
Rademacher, Adolph Trevino confirmed they have a separate access from the neighbors.
No public testimony was offered concerning this matter.
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HEARING CERTIFICATION -ADOLPH AND JOHN TREVINO (USR11-0023)
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In response to Adolph Trevino, Mr. Gathman stated the fencing needs to screen the storage
area, and staff will apply common sense when reviewing the type of fence material or berming
options. Responding further to Adolf Trevino, Ms. Hansen stated the fence will need to be
setback forty feet from the center of the right-of-way. Following discussion, Adolph Trevino
requested Development Standard #3 be modified to allow up to fifteen (15) employees.
Regarding the hours of operation, the Board agreed this is an agriculturally related operation
and deleted Development Standard #5. They also agreed to modify Development Standard #13
and Condition of Approval #1.B to add language that portable toilets are allowed until such time
as permanent employees are at the site. Commissioner Kirkmeyer requested Development
Standard #22 also include the language from Condition of Approval #1.D indicating the trucks
and trailers shall be screened from adjacent residences and County road right-of-way.
Responding to Commissioner Kirkmeyer, Adolph Trevino requested Conditions of Approval #2
and #3 be increased to allow 180 days to record the plat. In response to Chair Conway, the
applicant 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 Adolf and John Trevino for a Site
Specific Development Plan and Use by Special Review Permit, USR11-0023, 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 (storage of up to 30 trailers and 25 trucks, along with a future shop associated with
a trucking 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 the first sentence of
Condition of Approval #1.B to state, "Portable toilets are allowed until there are permanent
employees at the site, at which time an individual sewage disposal system will be required and
shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.)
Regulations.", amending Conditions of Approval #2 and #3 to allow up to 180 days to record the
plat, modifying Development Standard #3 to limit the number of on-site employees to no more
than fifteen (15), deleting Development Standard #5, amending Development Standard #13 to
state, "Adequate drinking, hand washing, and portable toilet facilities shall be provided for
employees of the facility, at all times.", adding the following to Development Standard #22: "(the
trucks and trailers shall be screened from adjacent residences and County Road right-of-way).";
and renumbering as appropriate. The motion was seconded by Commissioner Rademacher,
and it carried unanimously. There being no further discussion, the hearing was completed at
10:55 a.m.
2012-0809
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HEARING CERTIFICATION -ADOLPH AND JOHN TREVINO (USR11-0023)
PAGE 4
This Certification was approved on the 26th day of March, 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
2
Sean P. Conway, Chair
Weld County Clerk to the Board
EXCUSED
William F. Garcia, Pro-Te
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EXHIBIT INVENTORY CONTROL SHEET
Case USR11-0023 - ADOLPH AND JOHN TREVINO
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)
D. Applicant Evidence of Mineral Notice
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