HomeMy WebLinkAbout20191400.tiffHEARING CERTIFICATION
DOCKET NO. 2019-53
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR18-0122, FOR A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW PERMIT, USR18-0122, FOR A USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (COMMERCIAL TRUCK STORAGE, PARKING AND
STAGING), 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 — RAFAEL IBARRA
A public hearing was conducted on April 17, 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, Selena Baltierra
Assistant County Attorney, Bob Choate
Planning Services Department representative, Kim Ogle
Public Works Department representative, Hayley Balzano
Health Department representative, Lauren Light
The following business was transacted:
• I hereby certify that pursuant to a notice dated March 13, 2019, and duly published March 20,
2019, in the Greeley Tribune, a public hearing was conducted to consider the request of Rafael
Ibarra, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0122,
for a Use permitted as a Use by Right, Accessory Use or Use by Special Review in the
Commercial or Industrial Zone Districts (commercial truck storage, parking and staging and up to
one (1) 15,000 -square -foot shop with office), 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.
• Chair Pro -Tern 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.
• Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and
stated the approximate 4.6 -acre site is a Recorded Exemption, and provided the adjacent County
roads (CR). He indicated the site is located within the three (3) mile referral area and the Urban
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Growth Boundary area of the Town of Kersey, and mentioned details from the Town's referral. He
described the surrounding parcels and uses, and stated three (3) letters of support had been
received. He reviewed the proposed landscaping and screening, and described the trucks that
will be at the site. Mr. Ogle explained employees will park personal vehicles at the site and drive
commercial vehicles to a construction site, therefore, there will be no full-time employees at the
site. He stated there will be up to 30 drivers with 15 trucks, and indicated there will be no outdoor
storage of materials. Mr. Ogle indicated there is a current violation, ZCV18-00062, and mentioned
no correspondence had been received regarding the application. He stated nine (9) referrals had
been sent out and four (4) were returned with comments. He entered the favorable
recommendation of the Planning Commission into the record as written and indicated there had
been modification to the description for the application to delete the shop, at the request of the
applicant. Lastly, Mr. Ogle presented images of the site and surrounding views.
e. Hayley Balzano, Department of Public Works, provided a brief overview of the transportation
plans and requirements, and reiterated there is an existing access on CR 52. She provided the
average daily traffic counts and the average speed, and explained the applicant had modified his
original request for number of trucks due to a trigger for auxiliary lanes. She indicated the applicant
had submitted a revised memorandum with the new request and stated the employees will be
split into two (2) shifts, which does not warrant auxiliary lanes. Ms. Balzano stated the Department
of Public Works (PW) is requesting an Improvements Agreement (IA) and tracking control and
mentioned the applicant had submitted a preliminary drainage report. She noted, with removal of
the building, the site may meet a drainage exception and mentioned modifications to
COA #1.B (drainage) from the Planning Commission (PC) hearing. In response to Commissioner
Conway, Ms. Balzano clarified the shift hours.
• Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions, and stated there is a septic system permitted for four (4) bedrooms. She indicated
there is a tap served by the Central Weld County Water District (CWCWD) and explained portable
toilets will be used in accordance with Environmental Health (EH) policy. She mentioned the
language for screening of portable toilets needed to be moved from Development
Standards (DS) #14 to #15 and stated there will be no washing of vehicles, or fuel storage onsite;
however, there will be minor maintenance. She indicated there is a noise level of residential and
DS #8-#19 address EH items.
• Sheri Lockman, Lockman Land Consulting, LLC, represented the applicant and stated the
applicant runs ten (10) trucks and primarily services the oil and gas industry. She mentioned the
site is adjacent to other properties with similar uses and described the application timeline after
the reported violation. She explained the applicant is simply asking for approval of the operation
he has been running, and reiterated there are 12 employees with ten (10) trucks and a two (2)
shift schedule.
eg No public testimony was offered concerning this matter.
el Ms. Balzano clarified COA #5.A for Commissioner James and stated it could be deleted, and
the Board acknowledged the need to delete the language corresponding with the deletion of the
office building in the description throughout the Resolution. In response to Commissioner
Conway, Ms. Lockman explained the method of screening the portable toilets and trucks. In
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response to Commissioner Conway, Ms. Balzano clarified COA #1.D (traffic memorandum). In
response to Chair Pro-Tem Freeman, Mr. Ogle referred to the comments from the surrounding
property owners and their request for limited screening, and after additional discussion, the Board
agreed to delete COA #1.E.5 (opaque screening). Chair Pro-Tem Freeman reiterated the
suggestion to delete COA #5.A (Onsite Wastewater Treatment System), the Board agreed to
delete the condition and after discussion regarding the triggers and the number of employees, the
Board also agreed to change DS #5 from six (6) employees to seven (7). There was discussion
regarding DS #12 (noise level) and Chair Pro -Tern Freeman reiterated the suggested change to
move the screening of portable toilets language to the proper standard. The Board and staff
agreed to delete DS #16 (wastewater) and there was brief discussion on DS #18 (vehicle
washing).
In response to Chair Kirkmeyer, Ms. Lockman indicated she and the applicant had reviewed,
and agreed to abide by, the Conditions of Approval and Development Standards, as amended.
E There was no public testimony given regarding the changes to the Conditions of Approval
and Development Standards.
Commissioner Conway moved to approve the request of Rafael Ibarra for a Site Specific
Development Plan and Use by Special Review Permit, USR18-0122, for a Use permitted as a
Use by Right, Accessory Use or Use by Special Review in the Commercial or Industrial Zone
Districts (commercial truck storage, and parking and staging), 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, 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 Moreno,
and it carried unanimously. There being no further discussion, the hearing was completed at
10:28 a.m.
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This Certification was approved on the 22nd day of April, 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: daito, w :ti EXCUSED
Barbara Kirkmeyer, Chair
Weld County Clerk to the Board
BY:
Deputy Clerk the Board
Date of signature: CO/3/1a)
Mike Freeman, Pro-Tem
Steve Moreno
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