HomeMy WebLinkAbout20190483.tiffHEARING CERTIFICATION
DOCKET NO. 2019-12
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR18-0082, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(MANUFACTURING AND WOODWORKING INCLUDING TINY HOMES, WOOD AND
METAL TRUSSES, CABINETS AND PIPELINE ASSEMBLY, OUTDOOR STORAGE
AND AUTOMOTIVE REPAIR AND RESTORATION), 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 -
BEN AND AMY TOTEMS
A public hearing was conducted on February 6, 2019, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair - EXCUSED
Commissioner Mike Freeman, Pro-Tem
Commissioner Sean P. Conway - EXCUSED
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, Michael Hall
Public Works Engineer representative, Evan Pinkham
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated December 13, 2018, and duly published
December 18, 2018, in the Greeley Tribune, a public hearing was conducted to consider the
request of Ben and Amy Totems, for a Site Specific Development Plan and Use by Special Review
Permit, USR18-0082, for a Use permitted as a Use by Right, Accessory Use, or Use by Special
Review in the Commercial or Industrial Zone Districts (manufacturing and woodworking including
tiny homes, wood and metal trusses, cabinets and pipeline assembly, outdoor storage and
automotive repair and restoration), 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 instructed the applicant and reviewed for the public, with two (2) of
the five (5) commissioners being excused, the vote must be unanimous for the case to be
approved today.
Michael Hall, Department of Planning Services, presented a brief summary of the proposal
stating it will be a manufacturing and wood working business on a 4.52 -acre parcel, and noted
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commercial activities will be conducted as necessary depending on business need, and by special
order. Mr. Hall indicated the applicant will live on the property in the home that is currently being
constructed and reiterated the business is based on customer need, so not all uses will be
happening onsite at the same time. He described the business will be in a portion of an existing
4,700 square -foot steel building, as well as a proposed 2,300 square -foot addition to that building
and explained the breakdown of how the space in the building will be used. He stated there is
existing gravel for parking and outdoor storage, and there will be no long-term storage, lighting,
signage, gates or additional accesses associated with the business. He provided the hours of
operation, indicated the business may employ two (2) full-time and two (2) part-time employees,
provided average vehicle roundtrips per day/week, and noted the property is currently in violation,
ZCV18-00105. Mr. Hall stated a community meeting was held on July 6, 2018, and was attended
by three (3) surrounding property owners (SPOs). He indicated the Department of Planning
Services sent notice to six (6) SPOs, received no responses, and no citizens spoke at the
Planning Commission (PC) hearing. He explained 11 referrals were sent out and seven (7) were
returned with concerns or comments. He noted the property is within the three (3) mile referral
area of the Cities of Dacono and Northglenn, and the City and County of Broomfield. He stated
no response was received from the Cities of Dacono and Northglenn, and the City of Broomfield
had no concerns. He indicated the property is not located within the Coordinated Planning
Agreement boundary, other Intergovernmental Agreement (IGA) area, Regional Urbanization
Area, or Urban Growth boundary of a municipality. He showed images of the property, explained
the uses of surrounding properties, noted the closest residence is owned by family members, and
indicated there is only one (1) access to the property. Mr. Hall described the location of the
proposed 2,300 square -foot addition, irrigation plan, as well as the existing pond, tree landscaping
along the ditch, and fence on the west side of the property. He entered the favorable
recommendation of the Planning Commission into the record as written.
El Mike McRoberts, Public Works Engineer representative, provided a brief overview of the
transportation plans and requirements and indicated access for the property is on CR 15, which
is a gravel, local road. He provided the average daily traffic counts, and daily/weekly vehicle
roundtrips. He explained tracking control requirements have been met, stated an Improvements
and Road Maintenance Agreement, with triggers for off -site improvements, will be required and
presented the drainage and grading requirements.
El Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions and explained the residence will be serviced by the Mountain View Water Users
Association and the septic system, permitted for four (4) bedrooms, will need final approval before
recording the final plat. She stated portable toilets and bottled water are acceptable for
employees, suggested adding the language: "Portable toilets shall be screened from public vieW'
to Development Standard (DS) #24, and explained Environmental Health (EH) has added DS #29
to address floor drain waste from the building. She indicated a commercial noise level is specified,
dust and waste items have been included in the DSs, and DS #18-30 address EH items.
El Ben Totems, applicant, explained the business has no specific business plan, and the
proposed use will provide supplemental income. He described correspondence with the Fire
District about potential triggers, stated landscaping and screening will occur as he is financially
able, and portable toilets are currently being screened by the building.
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e No public testimony was offered concerning this matter.
Ei In response to Mr. Totems, Chair Pro-Tem Freeman clarified the requirement for servicing
of portable toilets, and in response to Commissioner Moreno, Mr. Totems explained how the
potential uses on the application were determined, and stated, most likely, no more than two (2)
uses would take place at one (1) time. In response to Commissioner James, the applicant
indicated he may sublet the space, if needed, and further explained the limited number of
employees is because the Mountain View Water Users Association does not provide commercial
service.
• Chair Pro-Tem Freeman suggested deleting Condition of Approval (COA) #1.A, in regard to
the Landscape and Screening Plan, and the Board agreed. He suggested adding "attempt to" to
COA #1.B, and suggested removing any language about an Improvements Agreement from
COA #1.D. After discussion with Mr. Choate, the Board agreed to leave language about specified
haul routes in COA #1.D. Chair Pro-Tem Freeman also suggested deleting COA #1.F.5 regarding
approved landscaping and screening, and the Board agreed. The Board agreed to delete DS #3
concerning hours of operation, and after clarification from Ms. Light about how bottled water limits
the number of employees, decided to leave DS #4, confirming if it ever needs to be amended, it
can be done administratively. The Board then agreed to delete #5 regarding passenger vehicle
roundtrips per day, and modify #8 to read, "The existing landscaping and screening shall be
maintained." Chair Pro-Tem Freeman suggested deleting DS #14 and #15 and added language
to DS #24 to read, "All portable toilets be screened from public view." The applicant requested
clarification about the screening portable toilets from CR 6 and Chair Pro -Tern Freeman
responded by saying it is not an issue. In response to Commissioner Moreno, Mr. Hall clarified
the purpose of DS #7, and after discussion with the applicant the Board agreed to amend it to
read "ninety (90) days" instead of "sixty (60) days." In response to the applicant, Ms. Light
confirmed DS #25 is only needed if employee limits are exceeded.
• In response to Chair Pro-Tem Freeman, Mr. Totems indicated he reviewed, and agreed to
abide by, the Conditions of Approval and Development Standards, as amended.
CI Commissioner James moved to approve the request of Ben and Amy Totems for a Site
Specific Development Plan and Use by Special Review Permit, USR18-0082, for a Use permitted
as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial
Zone Districts (manufacturing and woodworking including tiny homes, wood and metal trusses,
cabinets and pipeline assembly, outdoor storage and automotive repair and restoration), 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 11:16 a.m.
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This Certification was approved on the 11th day of February, 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dime& Cam( �,,,/ EXCUSED
v• JC.�D�� Barbara Kirkmeyer, Chair
Weld County Clerk to the Board
Mike Freeman, Pro-Tem
Steve Moreno
APP ED AS TO
ounty A orney
Date of signature: 14O119
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