HomeMy WebLinkAbout20201347.tiffHEARING CERTIFICATION
DOCKET NO. 2020-25.C
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR20-0003, FOR USES SIMILAR TO THE USES LISTED AS PERMITTED AS LONG
AS THE USE COMPLIES WITH THE GENERAL INTENT OF THE ZONE DISTRICT FOR
AN AGRICULTURAL SUPPORT AND SERVICE FACILITY AND MORE THAN ONE (1)
CARGO CONTAINER IN THE A (AGRICULTURAL) ZONE DISTRICT — ROBERT AND
DONNA ACKERMAN
A public hearing was conducted on May 13, 2020, at 10:00 a.m., with the following present:
Commissioner Mike Freeman, Chair
Commissioner Steve Moreno, Chair Pro -Tern
Commissioner Scott K. James
Commissioner Barbara Kirkmeyer
Commissioner Kevin D. Ross
Also present:
Acting Clerk to the Board, Jess Reid
Assistant County Attorney, Bob Choate
Planning Services Department representative, Kim Ogle
Public Works Department representative, Mike McRoberts and Melissa King
Health Department representative, Lauren Light
The following business was transacted:
El I hereby certify that pursuant to a notice dated February 10, 2020, and duly published
February 14, 2020, in the Greeley Tribune, a public hearing was conducted on March 25, 2020,
to consider the request of Robert and Donna Ackerman, for a Site Specific Development Plan
and Use by Special Review Permit, USR20-0003, for Uses similar to the Uses listed as permitted
as long as the Use complies with the general intent of the Zone District for an Agricultural Support
and Service Facility and more than one (1) cargo container in the A (Agricultural) Zone District.
On March 25, 2020, the Board found that this matter should be continued to April 29, 2020, due
to the COVID-19 event and to protect the health, safety, and welfare of the general public. On
April 29, 2020, the Board deemed it advisable to continue the matter to May 13, 2020, due to the
ongoing COVID-19 event and to protect the health, safety, and welfare of the general public. Bob
Choate, Assistant County Attorney, made this a matter of record.
El Kim Ogle, Department of Planning Services, presented a brief summary of the proposal,
provided the general location of the site, and noted the site is within the three (3) mile referral
area of the Towns of Milliken, Gilcrest, Lasalle, and the City of Evans. He stated the site is also
within the Intergovernmental Agreement Area (IGA) of the Town of Milliken and the City of Evans,
and the City of Evans, in their referral response, indicated they would like the applicant to enter
into a Pre -Annexation Agreement and annex voluntarily when the property is eligible. He
described adjacent lands and surrounding uses, mentioned the Department of Planning Services
received no correspondence regarding the application, and stated a community meeting was held
in July, and was attended by family members (adjacent property owners). He explained the site
has an active Zoning Violation, ZCV19-00116, due to the number of cargo containers stored
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onsite. He stated referrals were sent to 13 agencies, three (3) agencies responded, entered the
favorable recommendation of the Planning Commission into the record as written, and displayed
images of site and surrounding views.
▪ Mike McRoberts, Department of Public Works (PW), provided a brief overview of the
transportation plans and requirements, stated access is on County Road (CR) 33, which is within
the City of Evans' jurisdiction, and presented the drainage and grading requirements.
IE Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions, stated portable toilets and bottled water are acceptable, as long as the site doesn't
exceed ten (10) customers and two (2) full-time employees each day, and noted
Development Standards (DS) #12-19 address Environmental Health items.
e Robert "Dean" Ackerman, applicant, explained his business and indicated he did not realize
the containers were a violation. He stated he believed he could have the containers on the
property, due to the types of businesses adjacent to his land, listed the surrounding property
owners/businesses, discussed the conversation with the City of Evans about annexation and
expressed concerns about annexing. In response to Commissioner Kirkmeyer, Mr. Ackerman
described cattle chutes and panels are shipped to the site in the containers that caused the
violation, and stated he stores farming equipment in the containers. In response to Commissioner
Ross, he confirmed the hours of operation are occasionally outside of 6:00 a.m. to 6:00 p.m., and
responding to Commissioner Moreno, he noted he had owned the property since 2013.
e Heather Ackerman-Badley, applicant's daughter and surrounding property owner (SPO),
stated she did not wish for there to be fence between her property and the subject site, as
discussed at the Planning Commission hearing, and explained she wants to be able to see all of
the equipment on the site, for security purposes.
El David Badley, son-in-law of applicant and SPO, expressed concern with the lack of
maintenance of CR 33, by the City of Evans.
El Commissioner Kirkmeyer suggested deleting Condition of Approval (COA) #1.D (address the
requirements of the City of Evans) and in response to Commissioner Kirkmeyer, there was a
discussion about a Lighting Plan. She suggested deleting COA #1.E (Lighting Plan),
#1.F (Screening Plan), #1.H.5 (map shall delineate screening), and #1.H.6 (map shall delineate
lighting). Mr. Ogle explained COA #5.A (Emergency Action and Safety Plan) is standard for all
commercial or industrial sites and after discussion, Commissioner Kirkmeyer suggested deleting
it. She also suggested deleting DS #3 (hours of operation), DS #8 (landscaping and screening),
and DS #20 (Lighting Plan). In response to Commissioner Ross, Mr. Ogle confirmed the site is
vacant, therefore, it does not have a permanent water supply or septic system and, if in the future
the applicant constructs a house on the site, he will have to install those items. The Board agreed
to all of the aforementioned changes.
El Ms. Ackerman-Badley questioned the need for a drainage/detention pond (COA #1.A), given
the site is used for farm equipment storage. In response to Commissioner Kirkmeyer,
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Mr. McRoberts stated the site did not meet an exception to stormwater detention and mentioned
PW could discuss possible exceptions with the engineer who did the Drainage Report. There was
discussion about an exception for not increasing the imperviousness of the site and Melissa King,
Department of Public Works, stated the recommendation from the engineer was for a
drainage/detention pond. She explained there are nine (9) possible exceptions that the engineer
could review for recommendation, and Mr. Ackerman explained he had not added physical
structures to the property since he purchased it. Ms. King confirmed the engineer, after review,
could submit a Drainage Narrative citing an exception. Commissioner Kirkmeyer suggested
adding language to COA #1.A to allow for a Narrative and, after Mr. Choate provided the
language, the Board agreed to the change.
e In response to Chair Freeman, Mr. Ackerman indicated he had reviewed, and agreed to abide
by, the Conditions of Approval and Development Standards, as amended. Mr. Ackerman
requested a sign for the site and Mr. Ogle explained the sign criteria and confirmed the
Department of Planning Services would work with Mr. Ackerman on getting an address for the
site.
IR Commissioner Kirkmeyer moved to approve the request of Robert and Donna Ackerman for
a Site Specific Development Plan and Use by Special Review Permit, USR20-0003, for Uses
similar to the Uses listed as permitted as long as the Use complies with the general intent of the
Zone District for an Agricultural Support and Service Facility and more than one (1) cargo
container 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 Ross, and it carried unanimously. There
being no further discussion, the hearing was completed at 11:45 a.m.
This Certification was approved on the 18th day of May, 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: detA44) C XL*
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Weld County Clerk to the Board
eputy Clerk to the Board
Mike Freeman, Chair
Kevin D. Ross
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