HomeMy WebLinkAbout20190134.tiffHEARING CERTIFICATION
DOCKET NO. 2019-02
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR18-0089, FOR A HOME BUSINESS (PARKING OF VEHICLES ASSOCIATED WITH
A CONCRETE BUSINESS) IN THE A (AGRICULTURAL) ZONE DISTRICT -
BARRON-MELENDEZ REAL ESTATE VENTURES, LLC, C/O B&M CONCRETE, INC.
A public hearing was conducted on January 9, 2019, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
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, Frank Haug
Planning Services Department representative, Chris Gathman
Public Works Engineer representative, Evan Pinkham
Health Department representative, Lauren Light
The following business was transacted:
IR I hereby certify that pursuant to a notice dated October 26, 2018, and duly published
October 31, 2018, in the Greeley Tribune, a public hearing was conducted to consider the request
of Barron-Melendez Real Estate Ventures, LLC, c/o B&M Concrete, Inc., 14751 E. County Line
road, Longmont , Colorado 80504, for a Site Specific Development Plan and Use by Special
Review Permit, USR18-0089, for a Home Business (parking of vehicles associated with a
concrete business) in the A (Agricultural) Zone District. Frank Haug, Assistant County Attorney,
made this a matter of record.
12- Chris Gathman, Department of Planning Services, presented a brief summary of the proposal
of on -site truck parking for a concrete business. He stated there will be six (6) trucks parked on
the property and one (1) employee, who has an ownership stake in the company and lives on the
property. He explained all other employees will pick up the trucks in the morning and return to the
site in the evening. He provided the hours of operation and explained there will be no on -site
maintenance of vehicles or fuel storage on the property. The existing well on the site is not
permitted for commercial use and must be repermitted for employee use, or the applicant shall
provide bottled water for the employees. Mr. Gathman noted this case is a result of zoning
violation, ZCV18-0078, for parking commercial vehicles in a non-commercial junkyard. He
explained the non-commercial junkyard does not require a USR permit; however, storage of any
derelict or unlicensed vehicles, or other items, such as scrap wood or scrap metal, must be
screened from all adjacent properties, Rights -of -Way (ROW), or placed inside of a building. He
noted Planning staff attached a Condition of Approval (COA) to address the on -site
non-commercial junkyard. Mr. Gathman stated the property is in the platted Lupton Meadows
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subdivision and meets the definition of a Home Business. He reiterated a family member with
interest in the business lives on the property, restated the business is operated at off -site job
locations, and storage mitigation is included as a COA. He described surrounding land uses and
further explained a neighborhood meeting took place on June 17, 2018, where one (1)
surrounding property owner (SPO) attended with no objections. He indicated one (1) SPO
contacted Planning staff after the Planning Commission (PC) hearing with questions about the
Development Standards (DS). He noted the site is located within the Fort Lupton/Weld County
Cooperative Planning Agreement (CPA), and the Platteville/Weld County CPA. He stated the
applicant met with the Town of Platteville who had no concerns or plans to annex the property.
He reviewed the referral from the City of Fort Lupton, which included an 85 -foot ROW to be
identified for County Road (CR) 25, and requested a pre -annexation agreement. Mr. Gathman
displayed images of the site and surrounding views, and in response to Chair Kirkmeyer, identified
the access is off of CR 18. Planning staff entered the favorable recommendation of the Planning
Commission into the record as written.
• Evan Pinkham, Public Works Engineer representative, provided a brief overview of the
transportation plans and requirements, and stated the site accesses County Road (CR) 25, which
was annexed by the City of Fort Lupton in 2017. He noted the site meets an exception for
stormwater detention and presented the drainage and grading requirements.
• Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions, and stated the applicant cannot use the on -site well unless it is re -permitted to
commercial use; however, portable toilets are acceptable for the business. Ms. Light reiterated
there will be no washing or fuel storage on the site, and noted the typical dust and waste items
had been included with a commercial waste level being specified. She reported DS #10-18
address Environmental Health (EH) items.
• Marguerita Melendez, applicant, stated she would like to store work vehicles on the property
after 7:00 p.m. until the next morning. Ms. Melendez reported there is one (1) access to the
property, and there will be no maintenance or fuel storage on the site
• Sandra Schara, SPO, explained she is 1.25 miles from the subject property, on the same
CR. She stated the proposed property had been a mess for at least the nine (9) years she has
lived at her residence. Ms. Schara expressed concern that the applicants do not live on the
property, but rather a relative, and described what she saw on the proposed property the day of
the hearing. She further explained there is an indoor arena and 33 horses on the property, and
she is concerned that if approved, the property will turn back into a junkyard.
• In response to Ms. Schara's concern regarding the junkyard, Chair Kirkmeyer explained the
COAs would ensure the property does not turn back into a non-commercial junkyard. She stated
if it does, the County can pursue another violation at that time.
• In response to Commissioner Moreno, Ms. Schara reiterated she had been at her residence
for nine (9) years. In response to Commissioner Conway regarding the vehicles seen at the
2019-0134
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HEARING CERTIFICATION - BARRON-MELENDEZ REAL ESTATE VENTURES, LLC, C/O
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property, Ms. Schara clarified there was a combination of cars and trucks, all of which appeared
to be licensed.
El Ms. Melendez stated they only have six (6) work trucks, they do not have 33 horses, but they
do have stalls. In response to Chair Kirkmeyer, Mrs. Melendez clarified that her brother-in-law
lives at the property.
• In response to Chair Kirkmeyer, the applicant indicated she did not have any State -required
permits, she has cleaned up the items of the non-commercial junkyard, and is waiting for USR
approval to screen the property with a fence.
• Chair Kirkmeyer stated that COA #1.C should remain, and requested COA #I.D.6 should
read "city' instead of "municipality." In response to Commissioner Conway regarding DS #3 and
#4, Ms. Melendez agreed to the hours of operation and the number of employees. Chair
Kirkmeyer suggested the language read "on -site employees up to ten (10)", in DS #4, and the
rest of the Board agreed. Mr. Gathman asked to delete "semi' out of DS #5 and replace with
"pickup" and clarified the definition of a pickup truck. Chair Kirkmeyer stated "Home Business"
should be capitalized and clarified the limitation only applies to business vehicles, not personal
vehicles. She stated "Home Business" should also be capitalized in DS #6 and suggested adding
the language "portable toilets shall' to DS #17 regarding the screening of portable toilets. Chair
Kirkmeyer requested DS #29 and #30 be deleted, as they are not relevant to the case.
• In response to Chair Kirkmeyer, Mrs. Melendez indicated she has reviewed, and agrees to
abide by, the Conditions of Approval and Development Standards, as amended.
• Commissioner Moreno moved to approve the request of Barron-Melendez Real Estate, LLC,
do B&M Concrete, Inc., for a Site Specific Development Plan and Use by Special Review Permit,
USR18-0089, for a Home Business (parking of vehicles associated with a concrete business) 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 James, and it carried unanimously. There being no
further discussion, the hearing was completed at 12:05 p.m.
2019-0134
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HEARING CERTIFICATION - BARRON-MELENDEZ REAL ESTATE VENTURES, LLC, C/O
B&M CONCRETE, INC. (USR18-0089)
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This Certification was approved on the 14th day of January, 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CQLORADO
ATTEST:
Weld County Clerk to the Board
BY:
Deputy Cle
APP' .!r D AS T
County ' orney
Date of signature: 2-12-1,3
to the Boa EXCUSED DAY OF APPROVAL
arbara Kirkmeyer, Chair
EXCUSED DAY OF APPROVAL
Steve Moreno
2019-0134
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