HomeMy WebLinkAbout20221315.tiffHEARING CERTIFICATION
DOCKET NO. 2022-37
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR22-0001, FOR SIX (6) CARGO CONTAINERS IN THE A (AGRICULTURAL) ZONE
DISTRICT - VALENTIN GASCA-LOPEZ
A public hearing was conducted on May 18, 2022, at 10:00 a.m., with the following present:
Commissioner Scott K. James, Chair
Commissioner Mike Freeman, Pro-Tem — EXCUSED
Commissioner Perry L. Buck
Commissioner Steve Moreno
Commissioner Lori Saine
Also present:
Acting Clerk to the Board, Jan Warwick
County Attorney, Bruce Barker
Department of Planning Services representative, Michael Hall
Department of Public Health and Environment representative, Lauren Light
The following business was transacted:
e I hereby certify that pursuant to a notice dated April 11, 2022, and duly published April. 13,
2022, in the Greeley Tribune, a public hearing was conducted to consider the request of
Valentin Gasca-Lopez, for a Site Specific Development Plan and Use by Special Review Permit,
USR22-0001, for six (6) cargo containers in the A (Agricultural) Zone District. Bruce Barker,
County Attorney, made this a matter of record.
Michael Hall, Department of Planning Services, presented a brief summary of the proposal
and explained no commercial storage will occur on the site. He stated the property is currently in
violation for multiple cargo containers, Zoning Violation #ZCV21-00155, which will be closed if
this USR request is approved; however, if denied, all but two cargo containers shall be removed,
or the case will proceed to County Court. Mr. Hall relayed notices were sent to seven (7)
surrounding property owners (SPOs) within 500 feet of the site, no written correspondence was
received, one (1) telephone call came in with general concerns regarding the application, and
they were to follow up with a written letter, which has not been received. He relayed the following
comments of Development Review Staff, per their referral dated January 5, 2022; the parcel has
an existing unpermitted access onto County Road (CR) 18, which is documented on the plat for
Recorded Exemption, RE -4751, approved in 2008, and does not meet the minimum access
spacing criteria; therefore, the applicant shall be required to obtain an access permit, if it meets
Chapter 8, safety criteria. He stated CR 18 is a paved, collector road, which requires 80 feet of
right-of-way, the average daily traffic counts 2,565 vehicle trips per day, with 33 percent trucks,
the 85th percentile speed is 53 MPH, and traffic information submitted indicates the site traffic
would be typical for residential traffic, thus no additional traffic information is needed. He relayed
the applicant has submitted an acceptable Drainage Narrative indicating the site meets the
drainage exception. Mr. Hall explained the site is located within the City of Fort Lupton's
Coordinated Planning Agreement (CPA) boundary, and the City has not provided a signed Notice
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of Inquiry (NOI) form within the 21 -day time frame, as stipulated in Section 19-12-50.A of the Weld
County Code. He also relayed the site is located within the three (3) mile referral area of the City
of Fort Lupton, who submitted a referral dated January 3, 2022, stating no concerns; however,
informational comments were provided regarding existing and future right-of-way considerations.
Mr. Hall described surrounding uses, provided an aerial view of the proposed cargo trailer
location, displayed images of the site and surrounding views, and entered the favorable
recommendation of the Planning Commission into the record as written.
Chair James called up the applicant and reviewed the procedures to follow should this case
result in a tie vote, due to four (4) Commissioners being present, and Commissioner Freeman
being excused.
Lauren Light, Department of Public Health and Environment, relayed the property is served
by an individual domestic well, with a septic system that is permitted for three (3) bedrooms, there
are two (2) Development Standards (DS) that address water and sewer and there are no
outstanding issues with this application.
Valentin Gasca, applicant, stated he had no additional comments.
No public testimony was offered concerning this matter.
The Board reviewed the Conditions of Approval (COA). In response to Chair James, Mr. Hall
requested a change of language in COA #1.B, C and D to replace the words "mineral notice
response" with the word "referral', explaining no hazardous materials shall be stored in the cargo
containers. In response to Chair James, Mr. Hall explained COA #1.E.8 would be for the City of
Fort Lupton's future transportation roadway, and Chair James suggested removal of this COA.
The Board continued review of the Development Standards (DS) and suggested no further
changes. The Board agreed to all the aforementioned changes.
No public testimony was offered regarding changes made to the Conditions of Approval and
Development Standards.
In response to Chair James, Mr. Gasca indicated he had reviewed, and agreed to abide by,
the Conditions of Approval and Development Standards, as amended.
Commissioner Buck moved to approve the request of Valentin Gasca-Lopez for a Site
Specific Development Plan and Use by Special Review Permit, USR22-0001, for six (6) cargo
containers 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 Saine, and it carried unanimously. There
being no further discussion, the hearing was completed at 10:15 a.m.
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This Certification was approved on the 6th day of June, 2022.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dei!4,,) ►. aJICI�D��K.
Scotj"K. James, Chair
Weld County Clerk to the Board
BY:
/Deputy Clerk to a Board
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