HomeMy WebLinkAbout20092235.tiffHEARING CERTIFICATION
DOCKET NO. 2009-50
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1651 FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (LAWN AND TREE CARE BUSINESS) IN THE A (AGRICULTURAL) ZONE
DISTRICT - JAY AND SHERRIE WOODS
A public hearing was conducted on August 12, 2009, at 10:00 a.m., with the following present:
Commissioner William F. Garcia, Chair - EXCUSED
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway
Commissioner Barbara Kirkmeyer
Commissioner David E. Long
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
Assistant County Attorney, Cyndy Giauque
Planning Department representative, Chris Gathman
Health Department representative, Lauren Light
Public Works representative, Don Dunker
The following business was transacted:
I hereby certify that pursuant to a notice dated July 28, 2009, and duly published July 30, 2009,
in the Greeley Tribune, a public hearing was conducted to consider the request of Jay and
Sherrie Woods for a Site Specific Development Plan and Use by Special Review Permit #1651
for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (lawn and tree care business) in the A (Agricultural)
Zone District. Cyndy Giauque, Assistant County Attorney, made this a matter of record. Chair
Pro-Tem Rademacher advised the applicant, Jay Woods, that he has the option of continuing
the matter to a date when the full board will be present. However, if decides to proceed today,
the matter will require three affirmative votes, or in the case of a tie vote, Chair Garcia will listen
to the record and make the determining vote. Mr. Woods indicated he would like to proceed
today.
Chris Gathman, 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. He stated the site is located south of F Street, west of C Street, and adjacent to the
municipal boundaries for the City of Greeley. He indicated thirteen referral agencies reviewed
the application materials, and eleven provided comments which have been addressed through
the Conditions of Approval and Development Standards. He confirmed there is a single-family
residence to the east of the site, two residences north of the site, the property to the northeast is
zoned 1-3 (Industrial), and railroad tracks are adjacent to the south. He stated the site originally
received a violation, for the operation of the business without the proper USR permit, and during
the violation process, the applicant was directed to apply for a Change of Zone for the property,
which was approved in February, 2006. Mr. Gathman confirmed the site is serviced by an
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existing water tap from the City of Greeley, and a septic system handles the effluent flow. He
clarified the property is located within 400 feet of a sewer line of which the City of Greeley
indicated it would be feasible to provide sewer service to the site. He further clarified if it
became necessary for the applicant to make any modifications to the septic system, the
applicant would be required to abandon the septic system and obtain sewer service from the
City of Greeley. However, this issue was discussed in detail during the Planning Commission
hearing, and it was determined at that time that the applicant would not be required to connect
to the sewer line maintained by the City since the building to be served with sewer service is
actually over 600 feet from the sewer line. He indicated the case has been continued on
several occasions, in order to address annexation issues with the City of Greeley, and to allow
time for the applicant to deal with personal health issues. He confirmed the annexation process
with the City of Greeley was not completed because even though the site is located within an
Urabn Growth Boundary area, the applicant was required to petition for annexation to the City of
Greeley. He clarified the City of Greeley believes the proposed use of the site should be
located within an area containing Commercial or Industrial uses. He further clarified the
property to the west of the site has been annexed by the City of Greeley; however, it is currently
undeveloped. He indicated no letters of concern or telephone calls have been received from
surrounding property owners, and a letter was provided by the City of Greeley, at the Planning
Commission hearing, requesting a continuance of the matter in order to discuss design and
review requirements with the applicant. He confirmed the City of Greeley contacted him to let
him know that a representative could not be present at today's hearing, and he displayed
photographs of the site and surrounding area.
In response to Commissioner Kirkmeyer, Mr. Gathman read Section 22-2-40.E.1 of the Weld
County Code into the record, regarding Urban Growth Boundary criteria. He further indicated
he is not very familiar with the history of the case during the Change of Zone process; however,
the applicant elected to complete a Change of Zone from R-1 (Residential) to A (Agricultural) at
the direction of the Board during the violation hearing. Further responding to Commissioner
Kirkmeyer, Mr. Gathman indicated the surrounding properties are zoned 1-3 (Industrial) and
R-1 (Residential), and the properties within the City of Greeley are zoned for residential uses.
Don Dunker, Department of Public Works, stated both C and F Streets are arterial roadways,
requiring 140 feet of right-of-way at full buildout, and both roads are maintained by Weld
County. He indicated the average daily traffic count on C Street is approximately
2,283 vehicles, and 1,310 vehicles on F Street. He further indicated 25th Avenue is classified
as a local paved road, requiring 60 feet of right-of-way at full buildout. He confirmed the road is
maintained by Weld County and has an average daily traffic count of 2,714 vehicles. He
indicated the uses on the site are expected to add 50 vehicle trips per day, on a seasonal basis,
and one semi -truck per week. He confirmed the access is on F Street, on the west side of the
property, and only one access will be allowed, which requires a 40 -foot radius in order to
accommodate truck traffic. He stated the applicant is required to provide an area to capture
water on the site, and he confirmed the site is located within the 100 -year floodplain, therefore,
a Flood Hazard Development Permit is required. In response to Chair Pro-Tem Rademacher,
Mr. Dunker indicated the Poudre River is north of the site.
Lauren Light, Department of Public Health and Environment, stated water service is provided to
the site from the City of Greeley, and the applicant will be required to submit Dust Abatement
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and Waste Handling Plans. She indicated a Statement of Existing has been completed for the
existing septic system, which determined that the septic system is adequately sized for use by
four people. She further indicated an engineer's review indicates the system is large enough to
support use by 15 employees. She confirmed there has been a large amount of discussion
regarding the septic system, and it has been determined that the applicant will be required to
install a new septic tank, since the existing 500 -gallon tank does not meet the minimum
requirement of 1,000 gallons. She gave a brief explanation of the discussion held between staff
and the applicant, regarding the need to utilize sewer service provided by the City of Greeley,
and confirmed it was determined that the distance of 400 feet is measured from the actual
facility, not the boundary line of the property. She stated Condition of Approval #1.D requires
that the applicant have the septic system reviewed, and the applicant has the choice of
obtaining an additional permit for an additional tank, or, a repair permit if the applicant chooses
to enlarge the overall system. She reiterated the applicant will not be required to connect to
sewer service, and the noise levels on the site will be restricted to the levels allowed within the
Residential Zone District. Chair Pro-Tem Radmacher stated the file contained a letter from an
engineer which indicated it was not feasible to connect to sewer service. In response, Ms. Light
clarified the City of Greeley first provided a letter which indicated the applicant could not be
connected to sewer service; however, a second letter was later sent which indicated the
applicant could connect to the sewer line located near the railroad tracks, at the southern
boundary of the property. She further clarified the applicant's engineer was indicating that the
costs associated with connecting to the sewer line made the option not feasible for the
applicant.
Mr. Woods stated he did not realize that the property was zoned R-1 (Residential) when he
purchased the property because there were already several businesses located within the
surrounding area. He confirmed none of the surrounding property owners have filed complaints,
and the violation process was initiated by staff. He indicated he was questioning what to do to
resolve the situation during the violation hearing, and he was instructed at that time to complete
the Change of Zone process so that he could then apply for a USR permit. Mr. Woods stated a
small lawn care company is operated from the site, with employees that work daytime hours
only. He clarified the employees park their personal vehicles at the site in the morning, and
leave with company trucks to complete all of the off -site work. He further confirmed three office
workers remain at the site during the day, and his son Brad does reside at the property as well.
He clarified when he was discussing annexation plans with the City of Greeley, he was notified
that if he pursued industrial zoning for the property, residential uses would not be allowed,
therefore, his son could not continue to live within the residence. He indicated he prefers not to
be required to annex to the City of Greeley, and he is happy for the property to remain under the
jurisdiction of Weld County. He confirmed the location is a great spot to conduct business.
In response to Chair Pro-Tem Rademacher, Mr. Woods confirmed he did engage in discussion
with the City of Greeley regarding the possible annexation of the property, and the future plan of
the surrounding area was discussed. He clarified the City did not have any specific objections
regarding annexation of the property; however, he has already invested the required fees to
complete the process for the USR permit through the County, and he does not desire to pay
additional fees to the City and start over with the permitting process. Further responding to
Chair Pro-Tem Rademacher, Mr. Woods indicated there are currently five employees, plus
himself, and the site contains a well permit to provide water for landscaping and a City tap for
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domestic uses. He clarified representatives of the City previously indicated to him that another
water tap was not feasible; however, the property directly to the west was recently able to obtain
an additional tap. He confirmed the water line is a four -inch line and adequately services the
site with domestic water.
In response to Commissioner Kirkmeyer, Mr. Woods reiterated the City had previously indicated
that sewer service to the site would not be feasible, since the site could not connect to the
high-pressure line which is in close proximity to the property. He clarified the City later indicated
it would be possible to connect to the system; however, it would require the installation of a lift
system, and the overall cost would exceed $15,000.00. Further responding to Commissioner
Kirkmeyer, Mr. Gathman indicated staff originally received a response from the City that the
possibility did not exist to connect to the sewer line; however, a subsequent E-mail, provided by
Roxanne Keeth, dated March 31, 2008, indicated it was possible to connect through an existing
manhole. He read a portion of the E-mail into the record.
Further responding to Commissioner Kirkmeyer, Mr. Woods indicated he has been in contact
with the City of Greeley regarding this project for quite some time; however, approximately one
year ago he was diagnosed with a tumor, and he has been battling health concerns, therefore,
he hasn't been readily available for discussions within the past year. He reiterated he does not
desire to complete the annexation process with the City of Greeley. He confirmed he has paid
all of the required fees to complete the USR process through the County, and does not desire to
pay additional fees to the City. Commissioner Kirkmeyer indicated the City of Greeley has had
adequate time to review the matter, since the case began in Spring, 2008, and it appears that
the City simply did not complete whatever review was necessary in the long timeframe given.
She confirmed the proposed facility is not close enough to be required to obtain sewer service.
Responding to Commissioner Kirkmeyer, Mr. Woods confirmed it will be cheaper for him to
install an additional septic tank, or enlarge the system, if necessary, than to be required to pay
the fees to connect to the City's sewer system. In response to Chair Pro-Tem Rademacher,
Ms. Light clarified an engineer has reviewed the septic system, and has determined that the
system is able to serve upto fifteen employees; however, written verification has not yet been
provided to staff. She further confirmed the Engineer previously indicated to her that five
part-time employees equal the use of one full-time employee, and most of the employees of this
business are considered to be part-time since they come to the site to pick up equipment, and
then are out on location all day.
No public testimony was offered concerning this matter.
In response to Chair Pro-Tem Rademacher, Mr. Woods indicated he has reviewed, and concurs
with, the Conditions of Approval and Development Standards; however, he requested
clarification regarding the Dust Abatement Plan. In response, Ms. Light clarified the plan can be
quite simple in nature, and may indicate that water will be utilized to spray down the driveway if
dust on the site becomes a concern. Mr. Woods indicated the driveway contains crushed
concrete, therefore, dust is not typically an issue. In response to Commissioner Conway,
Mr. Woods indicated Ms. Light provided adequate clarification.
Responding to Chair Pro-Tem Rademacher, Mr. Gathman indicated staff has determined that
screening to the west is not necessary; however, there are residential properties to the east and
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south, therefore, staff recommends that the applicant provide opaque fencing along the eastern
portion of the property, which is consistent with site plan reviews. Further responding to Chair
Pro -Tern Rademacher, Mr. Gathman confirmed the properties to the south of the railroad tracks
are zoned R-1 (Residential). In response to Commissioner Conway, Mr. Gathman confirmed
Condition of Approval #1.L addresses the need for a Screening Plan to be submitted.
Commissioner Long expressed his concern regarding the relevance of the restricted hours of
operation, and Chair Pro-Tem Rademacher concurred that defined hours of operation are not
really necessary for this operation, therefore, he recommended deletion of Development
Standard #4. Commissioner Kirkmeyer cautioned Mr. Woods to practice common sense for
operation hours, and the Board concurred with the deletion of Development Standard #4.
Commissioner Kirkmeyer clarified Condition of Approval #3.C indicates there shall be no
washing of vehicles on the site; however, Development Standard #18 indicates the applicant
shall designate the vehicle washing area. Ms. Light confirmed the language within
Development Standard #18 is standard for these types of operations, and it would be
acceptable to delete Condition of Approval #3.C. Commissioner Kirkmeyer indicated the
language within Condition of Approval #3.C should not have been included in the first place, and
the Board concurred with the deletion of Condition of Approval #3.C. Commissioner Kirkmeyer
clarified for the applicant that vehicle washing should not occur at the site, unless a designated
area has been constructed to capture all runoff. In response to Chair Pro-Tem Rademacher,
Mr. Woods reiterated he concurs with the Conditions of Approval and Development Standards,
as amended.
Commissioner Long moved to approve the request of Jay and Sherrie Woods for a Site Specific
Development Plan and Use by Special Review Permit #1651 for a Use Permitted as a Use by
Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts
(lawn and tree care 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. His motion included the
deletion of Condition of Approval #3.C, and the deletion of Development Standard #4, with the
required re -numeration. The motion was seconded by Commissioner Conway, and it carried
unanimously. There being no further discussion, the hearing was completed at 10:40 a.m.
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This Certification was approved on the 17th day of August, 2009.
BOARD OF COUNTY COMMISSIONERS
ATTEST:
Weld County Clerk to th
BY:
Deputy Clerk to the Boar
WELD COUNTY, COLORADO
EXCUSED
William F. G
Se-, P. Conway
AP"O DA_i'i �'M: �� ! ✓1114 Ky/[QC/Fib
o my Attorney
David E. Long
2009-2235
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EXHIBIT INVENTORY CONTROL SHEET
Case USR-1651 - JAY AND SHERRIE WOODS
Exhibit Submitted By Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
Summary of Hearing (Minutes dated 07/07/09,
C. Planning Commission 05/05/09, 11/04/08, 09/02/08, 06/03/08, and 04/01/08)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Certification and photo of sign posting
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 12TH DAY OF AUGUST, 2009:
DOCKET #2009-50 - Jay and Sherrie Woods
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ADDRESS
123 Nowhere Street, City, State, Zip
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