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HomeMy WebLinkAbout20191306HEARING CERTIFICATION DOCKET NO. 2019-36 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR18-0111, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (SEMI -TRUCK PARKING), 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 - REYNALDO RODRIGUEZ A public hearing was conducted on April 10, 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, Jessica Reid Assistant County Attorney, Bob Choate Planning Services Department representative, Michael Hall Public Works Department representative, Mike McRoberts Health Department representative, Ben Frissell The following business was transacted: I hereby certify that pursuant to a notice dated February 22, 2019, and duly published February 27, 2019, in the Greeley Tribune, a public hearing was conducted to consider the request of Reynaldo Rodriguez, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0111, for a Use permitted as a Use by Right, Accessory Use or Use by Special Review in the Commercial or Industrial Zone Districts (semi -truck parking), 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. Michael Hall, Department of Planning Services, presented a brief summary of the proposal, noted the semi -trucks are used to haul sand and gravel for the oil and gas industry, and stated the applicant lives at the property and has a home office. He explained ten (10) semi -trucks will be parked on the site 24 hours a day, except when in use, hours of operation are 5:00 a.m. to 5:00 p.m., seven (7) days a week, and five (5) employee vehicles will be parked onsite during operating hours. He described the existing landscaping, a fence around the perimeter of the property, and indicated there are five (5) surrounding property owners (SPOs), and no correspondence had been received. He stated ten (10) referrals were sent out and seven (7) agencies responded, and the site is within the three (3) mile referral area of the Town of Hudson, which had no concerns. Mr. Hall displayed images of site, described surrounding zoning and uses, and entered the favorable recommendation of the Planning Commission into the record as written. cc, PLOY-11-1/TM Pwc WI In), 2 Hfd3F) O5iogii9 2019-1306 PL2651 HEARING CERTIFICATION - REYNALDO RODRIGUEZ (USR18-0111) PAGE 2 El Mike McRoberts, Department of Public Works, provided a brief overview of the transportation plans and requirements, stated the access is on State Highway 52, noted the Department of Public Works (PW) is not requiring tracking control or a Traffic Impact Study, and presented the drainage and grading requirements. 104 Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer provisions, and stated there will be five (5) full-time employees, and portable toilets and bottled water are acceptable. He indicated no fuel storage, washing of vehicles, or maintenance will occur onsite, and Development Standards (DS) #12-20 address Environmental Health (EH) items. IR Jessie Stonberg, Baseline Engineering, represented the applicant and provided a PowerPoint presentation describing site information and facility use, and showing site plan images. No public testimony was offered concerning this matter. In response to Chair Kirkmeyer, Ms. Stonberg re -displayed the site image and described the location of the existing landscaping and screening, as well as the location of the truck parking, and confirmed the number of parking spaces. She further stated there were no crossing agreements required with the Farmers Reservoir and Irrigation Company (FRICO), and no access agreements required with SPOs. Chair Kirkmeyer suggested deleting COA #1.C (agreements), and in COA #1.D.10, deleting the Dark Sky Policy language and adding the language from DS #21 regarding lighting, and the Board agreed. She suggested deleting the words "if applicable" in COA #1.D.13, deleting COA #1.D.12 (recorded easements), and adding language to COA #6 about Use by Special Review (USR) permit perfection. After discussion among the Board and Vance Harris with Baseline Engineering, Chair Kirkmeyer suggested deleting DS #4 (number of employees) as it is limited by the number of trucks. Commissioner Freeman suggested deleting the first sentence of DS #3 with regard to the hours of operation, and Commissioner Conway suggested deleting DS #16 (noise levels). The Board was in agreement with all of the changes. El In response to Chair Kirkmeyer, Ms. Stonberg indicated she had 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 made to the Conditions of Approval and Development Standards. R. Commissioner Moreno moved to approve the request of Reynaldo Rodriguez for a Site Specific Development Plan and Use by Special Review Permit, USR18-0111, for a Use permitted as a Use by Right, Accessory Use or Use by Special Review in the Commercial or Industrial Zone Districts (semi -truck parking), 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 it carried unanimously. There being no further discussion, the hearing was completed at 12:10 p.m. 2019-1306 PL2651 HEARING CERTIFICATION - REYNALDO RODRIGUEZ (USR18-0111) PAGE 3 This Certification was approved on the 15th day of April, 2019. 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