HomeMy WebLinkAbout20194981.tiffHEARING CERTIFICATION
DOCKET NO. 2019-140
RE: A MAJOR AMENDMENT, 1MJUSR19-11-1737, TO A SITE SPECIFIC DEVELOPMENT
PLAN AND USE BY SPECIAL REVIEW PERMIT USR-1737 FOR A BUSINESS
PERMITTED AS A USE BY RIGHT OR AN ACCESSORY USE IN THE COMMERCIAL
ZONE DISTRICT (STORAGE OF COMMERCIAL EQUIPMENT AND VEHICLES,
FABRICATION, AUTO STORAGE AND REPAIR) AND AGRICULTURAL SERVICE
ESTABLISHMENTS PRIMARILY ENGAGED IN PERFORMING AGRICULTURAL,
ANIMAL HUSBANDRY, OR HORTICULTURAL SERVICES OF A FEE OF CONTRACT
BASIS, INCLUDING: FARM EQUIPMENT SALES, REPAIR AND INSTALLATION
FACILITIES, AND ONE (1) ADDITIONAL SINGLE-FAMILY DWELLING UNIT PER LOT
OTHER THAN THOSE PERMITTED UNDER SECTION 23-3-20.A OF THE WELD
COUNTY CODE TO ADD A 24 SQUARE -FOOT FENCE -MOUNTED SIGN THAT
EXCEEDS THE WELD COUNTY SIGN CODE BULK REQUIREMENTS, AND USES
PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW
IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (CONTRACTOR SHOP AND
OUTDOOR STORAGE FACILITY INCLUDING RVS, BOATS, TRAILERS, VEHICLES,
CONTAINERS, ETC.), 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— TROY AND JUDY HEFNER
A public hearing was conducted on December 18, 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, Jessica Reid
Assistant County Attorney, Bob Choate
Planning Services Department representative, Michael Hall
Public Works Department representative, Hayley Balzano
Health Department representative, Lauren Light
The following business was transacted:
G. (Clerk's Note: The audio system was mistakenly muted at the beginning of this hearing, the
unrecorded audio was read verbatim from the notice). I hereby certify that pursuant to a notice
dated November 15, 2019, and duly published November 20, 2019, in the Greeley Tribune, a
public hearing was conducted to consider the request of Troy and Judy Hefner, for a Major
Amendment, 1MJUSR19-11-1737, to a Site Specific Development Plan and Use By Special
Review Permit USR-1737 for a business permitted as a Use by Right or an Accessory Use in the
Commercial Zone District (storage of commercial equipment and vehicles, fabrication, auto
storage and repair) and agricultural service establishments primarily engaged in performing
agricultural, animal husbandry, or horticultural services of a fee of contract basis, including: farm
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equipment sales, repair and installation facilities, and one (1) additional Single -Family Dwelling
Unit per lot other than those permitted under Section 23-3-20.A of the Weld County Code to add
a 24 square -foot fence -mounted sign that exceeds the Weld County Sign Code bulk requirements,
and Uses permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (contractor shop and outdoor storage facility including
RVs, boats, trailers, vehicles, containers, etc.), 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
and mentioned the allowances of the existing USR, as well as the proposed uses. He described
the surrounding parcels, stated there will be no additional employees, explained one (1) existing
residence may be converted into an office, and reiterated the applicants would like to retain all of
the original uses. He described the parking and the hours of operation of the existing building, the
two (2) access points to the site, and the fence, signage, and lighting of the proposed addition.
He stated one (1) phone call was received in support of the addition, 17 referrals were sent out,
and six (6) agencies did not respond. He explained the site is within the three (3) mile referral
area of the Cities of Dacono, Northglenn, and Thornton, the Town of Erie, Adams County, and
the City and County of Broomfield. He noted the site is within a Geological Hazard Overlay;
however, the Colorado Geological Survey referral stated the property has a low subsidence
hazard, therefore, they had no objection to the request. He described the surrounding uses and
zoning, and in response to Chair Kirkmeyer, Mr. Hall explained the layout of site, and discussed
the ditch on the site and deeding of the lot which is divided by the ditch, He entered the favorable
recommendation of the Planning Commission into the record as written, and displayed images of
the site and surrounding views. In response to Chair Kirkmeyer, Mr. Hall deferred to the applicant
regarding the number of additional spaces which will be added and clarified screening on the
south side of the site. In response to Commissioner Conway, Mr. Hall confirmed the surrounding
property owner (SPO) who called the Department of Planning Services had general questions
about the application and did not request screening. In response to Chair Kirkmeyer, Mr. Hall
described the proposed screening on the east side of the site.
Hayley Balzano, Department of Public Works (PW), provided a brief overview of the
transportation plans and requirements, stated access is on County Road (CR) 6, and provided
the daily roundtrip counts. She expressed the concerns PW had about stormwater, discussed the
Conditions of Approval (COA) that address these concerns, and presented grading requirements.
Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions and stated the Central Weld County Water District (CWCWD) provides water to the
site. She noted each home, as well as the existing commercial building, has a permitted septic
systems, explained the Recreational Vehicle (RV) parking area can use a screened portable toilet,
and stated Development Standards (DS) #17-27 address Environmental Health (EH) items.
Judy Hefner, applicant, spoke on behalf of her and her husband, Troy Hefner, and stated
they want to expand the business to meet the need in the area. She clarified the size of the
operation, stating they currently use 15 acres and the expansion will add eight (8) or nine (9)
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more. She discussed screening from the adjacent neighbor, stated they thought a solid fence
would provide better screening than landscaping, and noted they plan to park low profile vehicles
along the fence. In response to Commissioner Conway, Ms. Hefner confirmed they had
discussions with the neighbor about the expansion and he did not have concerns. In response to
Chair Kirkmeyer, she confirmed they do own the property north of the Bull Canal, they have had
discussions with the Farmers Reservoir and Irrigation Company (FRICO) about the ditch, and
indicated their customers come from all directions, with the majority coming from the west and
south.
No public testimony was offered concerning this matter.
bSt
In response to Commissioner Conway, Mr. Hall explained the Department of Planning
Services requested vegetative screening on the eastern property line; however, the applicant
proposed a solid white fence. The applicant confirmed Mr. Hall's aforementioned statement and
stated the fence will be more consistent with what is currently there. There was discussion
between Chair Kirkmeyer and the applicant concerning screening and vegetation, the applicant
confirmed they will be adding 250-300 additional storage spaces and stated the new sign will be
identical to the existing sign. In response to Commissioner Moreno, the applicant clarified they
had decided not to ask for an amendment to Development Standard (DS) #9 (derelict vehicles),
and in response to Commissioner James, Ms. Balzano clarified drainage in relation to the north
lot on the other side of the Bull Canal. The applicant confirmed they have an alternate plan if
FRICO is not agreeable to the initial drainage proposal.
There was discussion about COA #1.A (Landscape and Screening Plan) and #1.C (deeds
for each portion of the parcel located on either side of the Canal), but no changes were made.
Per Ms. Balzano's request, a new COA #1.H was added and reads, "If stormwater is piped under
the Bull Canal, the applicant shall submit proof of a recorded license agreement to allow for the
construction, maintenance, and use of the proposed detention pond." Mr. Choate provided
language for a new COA #1.J.7 (parking along eastern fence), and Chair Kirkmeyer suggested
deleting DS #10 (storage or commercial operations on the north side of the Bull Canal). The Board
agreed to all of the aforementioned changes.
Le In response to Chair Kirkmeyer, Ms. Hefner indicated they had reviewed, and agreed to
abide by, the Conditions of Approval and Development Standards, as amended.
No public testimony was provided with regard to the changes made to the Conditions of
Approval and Development Standards.
Commissioner Moreno moved to approve the request of Troy and Judy Hefner, for a Major
Amendment, 1MJUSR19-11-1737, to a Site Specific Development Plan and Use By Special
Review Permit USR-1737 for a business permitted as a Use by Right or an Accessory Use in the
Commercial Zone District (storage of commercial equipment and vehicles, fabrication, auto
storage and repair) and agricultural service establishments primarily engaged in performing
agricultural, animal husbandry, or horticultural services of a fee of contract basis, including: farm
equipment sales, repair and installation facilities, and one (1) additional Single -Family Dwelling
Unit per lot other than those permitted under Section 23-3-20.A of the Weld County Code to add
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HEARING CERTIFICATION - TROY AND JUDY HEFNER (1MJUSR19-11-1737)
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a 24 square -foot fence -mounted sign that exceeds the Weld County Sign Code bulk requirements,
and Uses permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (contractor shop and outdoor storage facility including
RVs, boats, trailers, vehicles, containers, etc.), 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 after supportive commentary from Chair Kirkmeyer and Commissioner Freeman, the motion
carried unanimously. There being no further discussion, the hearing was completed at 11:02 a.m.
This Certification was approved on the 23rd day of December, 2019.
ATTEST: dM%��
Weld County Clerk to the Board
"' Mike Freeman, Pro-Tem
S ma
eputy Clerk to the Board .v
BOARD OF COUNTY COMMISSIONERS
WE D COUNTY, COLO ' DO
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arbara Kirkmeyer, hair
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Sean Conway
. James
Steve Moreno
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