HomeMy WebLinkAbout20190566.tiffHEARING CERTIFICATION
DOCKET NO. 2019-14
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR18-0108, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(TRUCK AND EQUIPMENT PARKING AND STORAGE FOR CONCRETE BUSINESS),
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 - DANNY DORRANCE, JR., AND CASSANDRA DORRANCE
A public hearing was conducted on February 13, 2019, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro -Tern
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, Angela Snyder
Public Works Engineer representative, Evan Pinkham
Health Department representative, Ben Frissell
The following business was transacted:
I hereby certify that pursuant to a notice dated December 18, 2018, and duly published
December 21, 2018, in the Greeley Tribune, a public hearing was conducted to consider the
request of Danny Dorrance, Jr., and Cassandra Dorrance, for a Site Specific Development Plan
and Use by Special Review Permit, USR18-0108, for a Use permitted as a Use by Right,
Accessory Use or Use by Special Review in the Commercial or Industrial Zone Districts (truck
and equipment parking and storage for concrete business), 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.
El Angela Snyder, Department of Planning Services, presented a brief summary of the proposal
and indicated 11 referrals were sent out and four (4) agencies responded without concern or with
comments addressed in the Conditions of Approval (COA) and Development Standards (DS).
She mentioned the adjacent County roads, and stated the site is located within the
Intergovernmental Agreement area and the three (3) mile referral areas of the Towns of Timnath
and Severance. She indicated the applicant currently has four (4) commercial pickup trucks and
one (1) heavy commercial vehicle and stated the applicant would like to plan for future expansion.
She reiterated the vehicles that will be stored on the site and indicated there will be up to eight
(8) employees on the site. Ms. Snyder stated no employees will be on the site full time, no signage
C.C.'. PLCQS1TP),Pwt£P),-HC(3P-)
0(-1/ 60/(9
2019-0566
PL2633
HEARING CERTIFICATION - DANNY DORRANCE JR., AND CASSANDRA DORRANCE
(USR18-0108)
PAGE 2
has been proposed and all lighting will be downcast and shielded. She provided the employee
and commercial traffic routes and described adjacent land uses. She reviewed the
correspondence received from surrounding property owners (SPO) and stated the applicants plan
to mitigate the concerns. Ms. Snyder indicated a Landscaping and Screening Plan was included
as a COA, noted surrounding USRs, and provided images of the site and surrounding views. She
entered the favorable recommendation of the Planning Commission into the record as written.
la Evan Pinkham, Public Works Engineer representative, provided a brief overview of the
transportation plans and requirements, and indicated the proposed access will require a
Commercial Access permit. He reviewed the latest traffic counts, and stated there will be up to
eight (8) commercial vehicles accessing the site. He indicated the Department of Public Works is
requiring a Road Maintenance Agreement, and mentioned the applicant had submitted a drainage
narrative, which indicates the site meets a drainage exception. Mr. Pinkham stated the applicant
requested a variance from the drainage report and detention pond, which was denied by the
County Engineer. He explained the reasoning and further presented the drainage and grading
requirements.
El Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer
provisions, and reiterated employees will not be onsite for more than two (2) hours each day. He
stated bottled water and portable toilets are proposed and acceptable, and explained no washing,
fuel storage or floor drains will be on the site. He indicated DS #11-19 address Environmental
Health (EH) items.
el Danny and Cassie Dorrance, applicant, stated the site was purchased for the storage of
business equipment. He described the equipment on the site and provided a brief overview of his
business. He explained his efforts to address the concerns of his neighbor and stated they were
unable to compromise.
Ei Tim Naylor, AGPROfessionals, stated he was hired to do the drainage narrative for the site,
and explained why the site met the exception in Section 23-12-30.F.10. He provided examples of
other sites that met the exception and reiterated the project is approximately one (1) acre of a
total 122 -acre parcel. He restated the request to delete COA #1.B regarding the drainage report
requirement. In response to Commissioner Moreno, Mr. Dorrance confirmed he presently had
four (4) trucks.
El No public testimony was offered concerning this matter.
Chair Kirkmeyer reiterated the request of Mr. Naylor to consider the removal of COA #1.B.
Mr. Dorrance indicated there were no further concerns with the COA and DS. In response to Chair
Kirkmeyer, Mr. Pinkham addressed COA #1.6 and explained the Department of Public Works'
interpretation of the drainage exception, therefore, he advised the Board to leave the condition.
After lengthy discussion to clarify the request of the applicant and the interpretation of the Code,
the Board agreed to recess the hearing until 12:30 p.m. to allow time for staff to look at the
exceptions in the Code.
2019-0566
PL2633
HEARING CERTIFICATION - DANNY DORRANCE JR., AND CASSANDRA DORRANCE
(USR18-0108)
PAGE 3
Chair Kirkmeyer reconvened the hearing at 12:35 p.m.
Chair Kirkmeyer reiterated the request of the applicant to waive the drainage requirements
and stated the Board cannot waive the requirement. She further explained the new request to
consider the proposed project as an exception to the drainage requirement. Mr. Choate read for
the record Sections 23-12-30.F.1.a and 23-12-30.F.1.a.10, and determined the phrase in question
is "total project" and its' interpretation. He stated staff defined three (3) levels of interpretation for
the Board to choose from: 1) the USR boundary recommended by the Department of Public
Works, which would require detention and COA #1.B, 2) the total project area only, which would
meet the drainage exception, and 3) all new and existing development within the USR site, which
would also meet the drainage exception. 0 He mentioned the impacts of the interpretation, and
there was further discussion to clarify the interpretation.
0 The applicant reiterated he had no further concerns regarding the COA and DSs.
Commissioner Freeman recommended deleting COA #1.B to reflect the third interpretation of total
project, and Mr. Choate clarified staff direction could be given through the Board's findings to
define "total project"to include all new and existing development. In response to Chair Kirkmeyer,
he further defined "development" to "changes in imperviousness." After further discussion,
Mr. Choate referenced Section 23-1-90, which defines "development."After much discussion, the
applicant agreed to limit the business development envelope to one (1) acre in DS #6, which
would support the deletion of COA #1.B.
Chair Kirkmeyer requested COA #1.C.5 be clarified that the landscaping and screening is of
the commercial storage and employee parking area. In response to Commissioner Conway, the
Board agreed to delete "existing" from the same condition. Chair Kirkmeyer suggested deleting
the Dark Sky Policy from COA #1.C.9 and delete COA #1.C.17 regarding the stormwater
detention.
0 Chair Kirkmeyer requested clarification of the language in DS #3 to clarify the vehicle
limitation applies only to the vehicles related to the business. After discussion regarding the
number of on -site employees, the Board agreed to delete DS #5. Chair Kirkmeyer reiterated the
change in DS #2 to limit the business development envelope from four (4) to one (1) acre. Chair
Kirkmeyer suggested deleting DS #7, and requested adding language to DS #9 to reflect the
clarification of the landscaping/screening of the commercial storage/parking and employee
parking area changes in COA #1.C.5. She further requested adding language to DS #16 to require
screening of portable toilets from existing, surrounding residential properties. Mr. Pinkham
recommended deleting DS #28, and the Board agreed to all the proposed changes.
0 In response to Chair Kirkmeyer, Mr. Dorrance indicated they had reviewed, and agree to
abide by, the Conditions of Approval and Development Standards, as amended.
Commissioner Freeman moved to approve the request of Danny Dorrance, Jr., and
Cassandra Dorrance, for a Site Specific Development Plan and Use by Special Review Permit,
USR18-0108, for a Use permitted as a Use by Right, Accessory Use or Use by Special Review
2019-0566
PL2633
HEARING CERTIFICATION - DANNY DORRANCE JR., AND CASSANDRA DORRANCE
(USR18-0108)
PAGE 4
in the Commercial or Industrial Zone Districts (truck and equipment parking and storage for
concrete business), 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 Conway, and Chair Kirkmeyer added to the findings
the Board found the submitted materials and interpretation of the requirements of the Weld County
Code had been met by interpreting "total project"under Section 23-12-30. F.1.A.10 as "boundaries
of the area that changed imperviousness." The motion carried unanimously and there being no
further discussion, the hearing was completed at 1:09 p.m.
This Certification was approved on the 20th day of February, 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CQLORADO
ATTEST: ditAvi) jefaio �Weld County Clerkk totheBoard
BY:
Deputy Clerk to the Board
APPD AS TO
ounty Attorney
Date of signature: -1/9 / 1 I
4bara Kirkmeyer, Chair
LL
Mike Freeman, P o-Tem
Steve Moreno
2019-0566
PL2633
ATTENDANCE LIST
4,Ch.12,21h19
NAME - PLEASE
PRINT LEGIBLY
S ' Y, tAT�
, COUNTY'AKING
rac.t► al (het
?_Ite-ic"' -1-L1 zs-7Ci%le ,lc a.L(1aDAv<<
Ate ((( g (a'itSpk.cE,A:\
Net c(
slo.
J
e1. `= ' 17z
VI
[ Ir: '
3(b - I ) /1 17
_
6t,110t, br?c rcri:
Gm `
•-__
t \A,�
3t473% JV .ii, ti
Z
'\C,v- DE \ 1O'1 - J OC .(41 -*-21,C_
\A is lac.
V
Raj � A bfLk
332 72 L a5 S .-
P",a15SiI2 rb,rGA `anJary....A,'c_.5
-U4..-d,-, CA3G-Q
r,-,
Cd 76 ;vClt- r
.5C';25' ,a+O—ij{` (,`t_6 4y (qc.
/ �-„,ej,w:rkie�411,-"41..74-:,-.45, Cc.,41
i�i; el,l c
Hello