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Home My WebLink About20193556.tiffHEARING CERTIFICATION DOCKET NO. 2019-100 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR19-0028, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (COMMERCIAL CDL DRIVING SCHOOL) 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 IN THE A (AGRICULTURAL) ZONE DISTRICT - CURTIS AND CELESTE HURD A public hearing was conducted on August 14, 2019, at 10:00 a.m., with the following present: Commissioner Barbara Kirkmeyer, Chair - EXCUSED Commissioner Mike Freeman, Pro-Tem Commissioner Sean P. Conway Commissioner Scott K. James Commissioner Steve Moreno Also present: Acting Clerk to the Board, Jessica Reid and Selena Baltierra Assistant County Attorney, Bob Choate Planning Services Department representative, Angela Snyder Public Works Department representative, Hayley Baizano Health Department representative, Lauren Light The following business was transacted: e I hereby certify that pursuant to a notice dated June 25, 2019, and duly published June 28, 2019, in the Greeley Tribune, a public hearing was conducted to consider the request of Curtis and Celeste Hurd, for a Site Specific Development Plan and Use by Special Review Permit, USR19-0028, for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (commercial CDL driving school) 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 in the A (Agricultural) Zone District. Bob Choate, Assistant County Attorney, made this a matter of record. e Chair Pro-Tem Freeman reviewed for the applicant and the public, the procedures to follow should this case result in a tie vote due to four (4) Commissioners being present and Chair Kirkmeyer excused. e Angela Snyder, Department of Planning Services, presented a brief summary of the proposal and indicated 12 referrals were sent out and 11 agencies responded. She stated the site is surrounded by the City of Dacono and is in the referral areas of the City of Dacono and the Towns of Frederick and Erie. She provided the daily roundtrips associated with the site, the number of employees, and the hours of operation. She mentioned one (1) single -wide manufactured residence is located onsite, which is used for the office, the site is currently in violation for CC PLCcS/TP), rw( He), EHCLL) opt ft tif `1 2019-3556 PL2694 HEARING CERTIFICATION - CURTIS AND CELESTE HURD (USR19-0028) PAGE 2 operating without the appropriate permits and noted the Planning Commission (PC) recommended denial due to incompatibility. She stated the site is within the Intergovernmental Agreement (IGA) area of the City of Dacono and referenced the referral which indicated the municipality is interested in pursuing annexation with the future intended land use being multi -generational residential, and they are in agreement with the PC's recommendation for denial. She cited Weld County Code Section 19-2-60.C.2, which outlines the requirements that must be met if the Board chooses to approve the case, since there is an IGA in place, and presented images of the site and surrounding views. In response to Commissioner James, Ms. Snyder confirmed there is an active IGA and Cooperative Planning Agreement (CPA) with the City of Dacono and repeated the Code requirements, and in response to Commissioner Conway, she confirmed there are six (6) USRs within one mile of the site. Hayley Balzano, Department of Public Works, provided a brief overview of the transportation plans and requirements, stated access to the site is on County Road (CR) 13, which was annexed by the City of Dacono, and indicated the applicant had submitted a drainage narrative. She noted there are two (2) separate lots, both meet a drainage exception, and presented grading requirements. In response to Chair Pro -Tern Freeman, Ms. Snyder confirmed the access for the site is controlled by the City of Dacono and the applicant does not have an access permit for the commercial business. Lauren Light, Department of Public Health and Environment, reviewed the water and sewer provisions, and stated the Central Weld County Water District (CWCWD) provides water to the site, and there is a septic system approved for two (2) bedrooms. She stated there will be no maintenance, washing of the trucks, or fuel storage onsite, and mentioned Development Standards (DS) #9-17 address Environmental Health (EH) items. IR Curtis Hurd, applicant, apologized to the Board and stated he did not realize he needed a USR Permit to operate the business. He used the displayed map to explain the site layout, the portion used by his tenant for a CDL driving school, and the City of Dacono boundary. He provided a brief summary of the surrounding area and described his interactions with the City of Dacono about potential annexation. In response to Commissioner James, Mr. Hurd described proposed mitigation measures. ID In response to Commissioner Conway, Ms. Balzano confirmed the applicant would need to discuss the need for an access permit with the City of Dacono, and Mr. Hurd stated he was unsure of the City of Dacono's requirements to grant an access permit. la James Blank, surrounding property owner (SPO), expressed his support of property rights as long as it does not interfere with the peaceful use of the property next to it, and stated he is not in support of an industrial business in an agricultural area. In response to Commissioner Moreno, Mr. Blank indicated where he lives on the displayed map, and in response to Commissioner Conway, he stated he did not believe there was a way to mitigate the use. El Chad Judge, Weld County resident, referenced Senate Bill (SB)19-181 and the correlation between the bill and this case as far as a larger entity telling a smaller entity what to do. He mentioned existing traffic noise and suggested the applicant and Mr. Blank discuss a solution to 2019-3556 PL2694 HEARING CERTIFICATION - CURTIS AND CELESTE HURD (USR19-0028) PAGE 3 appease both parties. He stated he is supportive of small businesses and the right to farm and indicated there is a need for truck drivers. He inquired whether the business was considered industrial or commercial and which jurisdiction is responsible for the maintenance of the road. e Bonnie Babcock, applicant's tenant and owner of Integrity CDL Academy, stated the school is small and there is a need for truck drivers. She indicated her business is a school, so it is not classified as industrial, and referenced a video that demonstrated the noise the trucks produce. In response to Commissioner Conway, Ms. Babcock stated she does not have access to a different location to operate her school, and the Board and applicant discussed the access and the City of Dacono's future plans, if the property is annexed. IR Commissioner James re -cited the Weld County Code previously read by Ms. Snyder, referenced the letter from the City of Dacono, which requested denial of the application and stated the Board could only consider approval of the application if they felt there was sufficient mitigation. In response, Ms. Babcock described dust mitigation and indicated she did not know she needed a noise survey. In response to Commissioner Conway, regarding Condition of Approval (COA) #1.A (executed annexation agreement between the applicant and the City of Dacono), Mr. Hurd stated he was not interested in the City of Dacono's proposal for annexation. In response to Commissioner Freeman, Mr. Choate confirmed the CPA with the City of Dacono requires annexation into the City of Dacono as a COA. Chair Pro-Tem Freeman replied he believed if the Board approved the application, they would be setting the applicant up for failure, because the applicant would have to annex into the City of Dacono, and he did not believe they would grant an access permit for the business. IE Commissioner Conway agreed with Chair Pro-Tem Freeman, stated he believed the school is much needed, and referenced COA #1.A in the Resolution. After discussion about the Board's options, Mr. Choate clarified the Code Compliance procedure and stated if the applicant entered into a Consent Agreement, it would allow staff defer action on the violation until the date specified in the agreement. el Mr. Hurd requested to withdraw his application and enter into a Consent Agreement for a period of six (6) months, to allow time to relocate the CDL school. IP Commissioner James moved to approve the request to withdraw the application for a Site Specific Development Plan and Use by Special Review Permit, USR19-0028, for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (commercial CDL driving school) 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 in the A (Agricultural) Zone District, and directed the County Attorney's Office to work with the applicant to enter into a Consent Agreement, until February 14, 2020, to allow the applicant time to relocate the CDL school. The motion was seconded by Commissioner Conway, and it carried unanimously. Commissioner Conway directed the Department of Planning Services to work with Ms. Babcock to locate possible sites that would work for her business. There being no further discussion, the hearing was completed at 12:07 p.m. 2019-3556 PL2694 HEARING CERTIFICATION - CURTIS AND CELESTE HURD (USR19-0028) PAGE 4 This Certification was approved on the 19th day of August, 2019. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: do) ;(4. EXCUSED Barbara Kirkmeyer, Chair Weld County Clerk to the Board BY: eputy Clerk to the Board Mike Freeman, Pro -Tern Sean P XCUSED DATE OF APPROVAL Steve Moreno 2019-3556 PL2694 AJTENDANCE LIST aDi NAME - PLEASE PRINT LEGIBLY ADDRESS (CITY, STATE ZIP) EMAIL COUNTY OF RESIDENCE SPEAKING (Y/N)? S%<UF` /‘-)61, 50/12 / 2.7 2 3 c g- r 2/ i_...-/P -o,✓ mac. L D 7 ctfr\ 64 (ti-- -3L/63 blfr,-e 1u,/((1— i've,,,J w - 2 ( 1 gfri s-. 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