HomeMy WebLinkAbout20194652.tiffHEARING CERTIFICATION
DOCKET NO. 2019-131
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR19-0051, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE OR
USE BY SPECIAL REVIEW PERMIT IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (OFFICES IN EXISTING RESIDENCE AND LIMITED PARKING AND
STORAGE OF EQUIPMENT FOR AN UNDERGROUND PIPELINE INSTALLATION,
EARTHMOVING AND STREAM/CREEK EXCAVATION COMPANY) IN THE
A (AGRICULTURAL) ZONE DISTRICT - ALYSON CARNEY, C/O AB UNDERGROUND,
LLC
A public hearing was conducted on November 6, 2019, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro-Tem
Commissioner Sean P. Conway - EXCUSED
Commissioner Scott K. James
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Jessica Reid
Assistant County Attorney, Bob Choate
Planning Services Department representative, Chris Gathman
Public Works Department representative, Hayley Balzano
Health Department representative, Lauren Light
The following business was transacted:
e I hereby certify that pursuant to a notice dated September 27, 2019, and duly published
October 2, 2019, in the Greeley Tribune, a public hearing was conducted to consider the request
of Alyson Carney, do AB Underground, LLC, for a Site Specific Development Plan and Use by
Special Review Permit, USR19-0051, for a Use Permitted as a Use by Right, Accessory Use or
Use by Special Review Permit in the Commercial or Industrial Zone Districts (offices in existing
residence and limited parking and storage of equipment for an underground pipeline installation,
earthmoving and stream/creek excavation company) in the A (Agricultural) Zone District. Bob
Choate, Assistant County Attorney, made this a matter of record.
Chair Kirkmeyer 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
Commissioner Conway excused.
Chris Gathman, Department of Planning Services, presented a brief summary of the
proposal, described the proposed on -site equipment, and explained the existing single-family
residence will serve as an office for the business. He provided the number of employees, stated
there was an active Zoning Violation, ZCV19-0059, and indicated the application was received
and processed prior to the adoption of Ordinance #2019-02, effective July 25, 2019. He described
surrounding uses and nearby residences, and indicated no correspondence had been received
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HEARING CERTIFICATION - ALYSON CARNEY, C/O AB UNDERGROUND, LLC
(USR19-0051)
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by the Department of Planning Services. He explained the history of the parcel and entered the
favorable recommendation of the Planning Commission into the record as written. In response to
Chair Kirkmeyer, Mr. Gathman confirmed the existing shop will not be used for storage, showed
on the site plan where the business -related equipment will be stored, and displayed images of
the site and surrounding views.
IR Hayley Balzano, Department of Public Works, provided a brief overview of the transportation
plans and requirements and stated the applicant is planning to use an existing access on County
Road (CR) 47. She provided the daily roundtrip counts, average speeds, and traffic associated
with the business, described acceptable tracking control, and presented the drainage and grading
requirements.
Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions, stated the Central Weld County Water District (CWCWD) provides water, and there is
a septic system permitted for three (3) bedrooms. She explained the septic system will need to
be evaluated to make sure it is adequate for the business, indicated the on -site fuel storage will
require a permit from the Colorado Department of Public Health and Environment (CDPHE), and
stated Development Standards (DS) #10-18 address Environmental Health items. In response to
Commissioner Moreno, Ms. Light clarified the fuel storage is in three (3) separate tanks.
Alyson Buum (formerly Alyson Carney), applicant, stated she did not have anything further
to add and in response to Chair Kirkmeyer, Ms. Buum described the location of the storage area
and confirmed all the business equipment will fit in that area.
E No public testimony was offered concerning this matter.
In response to Chair Kirkmeyer, the applicant confirmed the existing residence will be used
for the business office and no one will reside there. Chair Kirkmeyer suggested replacing the word
"site" with "defined storage and staging area" in Condition of Approval (COA) #1.B (Screening
Plan), and changing COA #1.D.8 to read, "The map shall delineate the parking area for the
employees and the storage and staging area." Commissioner Freeman suggested deleting DS #3
(hours of operation), Chair Kirkmeyer suggested adding "up to" to DS #4 (number of employees)
and changing DS #5 to read, "Vehicle and equipment storage will be confined to the defined
storage and staging area." After discussion with the applicant, Chair Kirkmeyer suggested
changing DS #4 to read "The number of on -site employees shall be up to six (6)." The Board
agreed to all of the aforementioned changes.
In response to Chair Kirkmeyer, Ms. Buum indicated she reviewed, and agreed to abide by,
the Conditions of Approval and Development Standards, as amended.
IR No public testimony was offered with regard to the changes to the Conditions of Approval and
Development Standards, and Chair Kirkmeyer confirmed the language in COA #1.B.
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HEARING CERTIFICATION - ALYSON CARNEY, C/O AB UNDERGROUND, LLC
(USR19-0051)
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IR Commissioner James moved to approve the request of Alyson Carney, c/o AB Underground,
LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR19-0051, for
a Use Permitted as a Use by Right, Accessory Use or Use by Special Review Permit in the
Commercial or Industrial Zone Districts (offices in existing residence and limited parking and
storage of equipment for an underground pipeline installation, earthmoving and stream/creek
excavation company) 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 10:47 a.m.
This Certification was approved on the 13th day of November, 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: da,f4/0 G: tD•ci
Weld County Clerk to the Board
BY:
Tarbara Kirkmey , Chair
Mike Freeman, Pro-Tem
•c�tt K. James
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Steve Moreno
2019-4652
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