HomeMy WebLinkAbout20232324.tiffHEARING CERTIFICATION
DOCKET NO. 2023-53
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND SECOND MAJOR AMENDED USE BY
SPECIAL REVIEW PERMIT, 2MJUSR23-11-0027, (AN OFFICE/REPAIR SHOP WITH
OUTDOOR VEHICLE/EQUIPMENT STORAGE AND VEHICLE STAGING AREA
ASSOCIATED WITH AN EXCAVATION BUSINESS) TO CONSTRUCT A NEW
BUILDING FOR ADDITIONAL STORAGE SPACE OF EQUIPMENT AND/OR TRUCKS
BEING REPAIRED OR WAITING FOR REPAIR PARTS, ALONG WITH AN ADDITIONAL
OUTDOOR STORAGE AREA, IN THE A (AGRICULTURAL) ZONE DISTRICT —
M & M EXCAVATION COMPANY, LLC
A public hearing was conducted on August 16, 2023, at 10:00 a.m., with the following present:
Commissioner Mike Freeman, Chair
Commissioner Perry L. Buck, Pro-Tem
Commissioner Scott K. James
Commissioner Kevin D. Ross
Commissioner Lori Saine
Also present:
Acting Clerk to the Board, Jan Warwick
Assistant County Attorney, Karin McDougal
Department of Planning Services representative, Chris Gathman
Department of Public Health and Environment representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated June 23, 2023, and duly published July 12,
2023, in the Greeley Tribune, a public hearing was conducted to consider the request of
M & M Excavation Company, LLC, for a Site Specific Development Plan and Second Major
Amended Use by Special Review Permit, 2MJUSR23-11-0027, (an office/repair shop with outdoor
vehicle/equipment storage and vehicle staging area associated with an excavation business) to
construct a new building for additional storage space of equipment and/or trucks being repaired
or waiting for repair parts, along with an additional outdoor storage area, in the A (Agricultural)
Zone District. Karin McDougal, Assistant County Attorney, made this a matter of record.
El Chris Gathman, Department of Planning Services, presented a brief summary of the proposal,
and noted 13 referrals were sent out, seven (7) were returned with comments, and five (5) without
comments. He relayed the history of the USR, explained the new site layout and described the
hours of operation. He stated the Central Weld County Water District will continue to serve the
facility and a new septic will be installed, explained a new screening fence will be installed north
of the storage area, and described the surrounding uses. Mr. Gathman relayed the site is located
within the Cooperative Planning Agreement areas of the Town of Keenesburg, as well as the
Town of Kersey, who would like to annex the property; however, the applicant does not wish to
pursue annexation. He shared the Town of Kersey did not return a referral, and the City of
Greeley, which is within the three (3) mile referral area, indicated no comments. Mr. Gathman
pointed out Condition of Approval (COA) #1.G, addresses the drainage pond and confirmed an
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2023-2324
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HEARING CERTIFICATION - M & M EXCAVATION COMPANY, LLC (2MJUSR23-11-0027)
PAGE 2
Access and Maintenance Easement/Agreement will be required. He shared, per the Development
Review staff, access is onto County Road (CR) 58, which is a paved, collector road, which
requires 80 feet of right-of-way. He summarized the latest traffic count is 325 vehicles per day,
with 36% trucks, the 85th percentile speed is 47 mph, and shared the Traffic Study daily vehicle
trip counts. He explained, during the original land use case, an Improvements Agreement was
required for on -site improvements, which shall be reviewed and revised as necessary, based
upon the information provided in the Final Traffic Study. He stated, based on the traffic counts
submitted, an auxiliary lane may be required on CR 58, at the access point. He further stated a
Final Drainage Report is required. Mr. Gathman entered the favorable recommendation of the
Planning Commission into the record as written and displayed images of the site and surrounding
views. In response to Commissioner Ross, Mr. Gathman pointed out the location of the proposed
screening.
Lauren Light, Department of Public Health and Environment, shared the Central Weld Water
District system will continue to provide water, there is an existing septic system which is sized
for 20 people, they will add a new septic system for the additional employees and any fuel storage
they have is required to comply with state regulations. She stated there are Development
Standards (DS) from the previous, amended USR, there are 15 new DS which shall be adhered
to, and there are no outstanding items with the request.
▪ Eric Wernsman, Wernsman Engineering and Land Development, LLC, represented the
applicant and described the screening.
▪ No public testimony was offered concerning this matter.
._= The Board reviewed the Conditions of Approval and Development Standards, and in
response to Chair Freeman, who questioned the number of employees, Terry Miller, applicant
representative, stated ten (10) would be fine. Chair Freeman suggested changing the number of
employees to 12 for future growth and the Board agreed to the aforementioned change.
_ No public testimony was offered regarding the change made to the Development Standards.
In response to Chair Freeman, Mr. Miller indicated they had reviewed, and agreed to abide
by, the Conditions of Approval and Development Standards, as amended.
Commissioner Saine moved to approve the request of M & M Excavation Company, LLC, for
a Site Specific Development Plan and Second Major Amended Use by Special Review Permit,
2MJUSR23-11-0027, (an office/repair shop with outdoor vehicle/equipment storage and vehicle
staging area associated with an excavation business) to construct a new building for additional
storage space of equipment and/or trucks being repaired or waiting for repair parts, along with an
additional outdoor storage area, 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 amended. The motion was seconded by Commissioner Buck,
and it carried unanimously. There being no further discussion, the hearing was completed at 10:16
a.m.
2023-2324
PL2153
HEARING CERTIFICATION - M & M EXCAVATION COMPANY, LLC (2MJUSR23-11-0027)
PAGE 3
This Certification was approved on the 30th day of August, 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dithis) Jdo;v4.
Weld County Clerk to the Board
eputy Clerk to
an, Chair
-err L. Bu- , Pro -Tern
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Kevin D. Ross
Lori Sain
2023-2324
PL2153
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