HomeMy WebLinkAbout20194372.tiff HEARING CERTIFICATION
DOCKET NO. 2019-132.B
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR19-0052, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(STORAGE OF FIREWOOD AND PARKING AND STAGING OF UP TO FIVE (5) 3/4-TON
PICKUP TRUCKS AND TWO (2) TRAILERS) IN THE A (AGRICULTURAL) ZONE
DISTRICT-THE GUEST FAMILY TRUST
A public hearing was conducted on December 11, 2019, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro-Tem - EXCUSED
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, Chris Gathman
Public Works Department representative, Mike McRoberts
Health Department representative, Lauren Light
The following business was transacted:
El 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 on November 6, 2019,
to consider the request of The Guest Family Trust, for a Site Specific Development Plan and Use
by Special Review Permit, USR19-0052, for a Use permitted as a Use by Right, Accessory Use,
or Use by Special Review in the Commercial or Industrial Zone Districts (storage of firewood and
parking and staging of up to three (3) 3/4-ton pickup trucks and a trailer) in the A (Agricultural)
Zone District, at said hearing the matter was continued to December 11, 2019, based on the
applicant's decision to not withdraw the application and the need to allow staff the time to finalize
the staff recommendation, conduct a Planning Commission (PC) Hearing on November, 5, 2019,
and finalize the PC Minutes prior to the Board of County Commissioner hearings. 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 Freeman excused.
I Chris Gathman, Department of Planning Services, presented a brief summary of the proposal
and provided the days and hours of operation. He noted the business will include up to four (4)
employees, and described the truck trips associated with the site. He explained the USR is a
result of Zoning violation, ZCV19-00081, and indicated the application was submitted prior to the
July 25, 2019, Code change. He stated the proposed site will be accessed off
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County Road (CR) 47.5 and referred to the displayed map to show the location of the accesses,
residences, and surrounding uses. He mentioned there was one (1) letter received from a
surrounding property owner(SPO)with concerns regarding lack of property maintenance, weeds,
snakes, increase in traffic, and number of employees to vehicles. Mr. Gathman stated the
concerns of the SPO are addressed through the Screening and Maintenance Plan, and mentioned
he was not able to see the storage when driving on CR 47.5, upon his visit. He indicated the site
is located within the three (3) mile referral areas of the Towns of Hudson and Keenesberg, and
within the Town of Keenesberg/Weld County's Intergovernmental Agreement Area (IGA) and he
reviewed the referrals from the Towns of Hudson and Keenesberg, who expressed no interest in
annexation. He described the parking and staging areas, and explained the firewood storage
areas are located on land delineated as "Irrigated Land, not Prime", and displayed the floodplain
map to show the storage area. He referenced COA#1.D.8 (parking delineation), and proposed it
be deleted due to limited traffic accessing the site, and presented images of the site and
surrounding views.
Le Mike McRoberts, Department of Public Works, provided a brief overview of the transportation
plans and requirements, and stated access for the site is on CR 47.5. He provided the average
daily traffic counts and speeds, and indicated there will approximately three (3) pickup truck
roundtrips per week.
IM Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions, and stated an individual domestic well provides water to the residence, which cannot
be used for the business unless it is repermitted for business use. She indicated a portable toilet
will be used, and mentioned there will be no washing or fuel storage on the site. She stated
Development Standards (DS) #9-16 address Environmental Health (EH) items and in response
to Commissioner Conway, Ms. Light reiterated the well is domestic and could not be used for
business purposes.
.l Justin Dickmann, represented the applicant and explained he owns Our Family Tree Service,
which utilizes the Guest property for storage. He stated he and his employees use wood
transporting for supplement income, and clarified there is no diseased firewood on the site.
a No public testimony was offered concerning this matter.
In response to Chair Kirkmeyer, Mr. Dickmann clarified the business relationship between
him and the resident living on the site and Mr. Dickman further explained how often the trucks
and employees are at the site. There was discussion between the applicant, staff and Mr. Choate
on the requirement for a USR, and Chair Kirkmeyer suggusted deleting COA#1.A (requirements
of the Colorado Division of Water Resources), COA #1.B (Screening Plan), COA#1.C (Property
Maintenance Plan), COA #1.D.4 (trash collection areas delineated on map),
COA#1.D.5 (Screening Plan), COA #1.D.6 (Lighting), COA #1.D.7 (signage),
COA#1.D.8 (parking area), COA #1.D.13 (Drainage flow), and COA#1.D.14 (Traffic flow).
Additionally, she suggested deleting DS #3 (hours of operation), #4 (employees onsite),
#6 (parking area), #7 (signage), #8 (landscaping and screening) and in response to Mr. Dickman,
the Board agreed to modify DS #5 to allow five (5) pick-up trucks and two (2) trailers to be parked
on the site at any one (1) time. Mr. Choate mentioned the change is also in the description of the
application and, therefore, needed to be modified throughout the document. Chair Kirkmeyer
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clarified the use of the well for non-commercial purposes and the Board agreed to all of the
aforementioned changes.
. In response to Chair Kirkmeyer, Mr. Dickman indicated he had reviewed, and agreed to abide
by, the Conditions of Approval and Development Standards, as amended.
B There was no public testimony offered concerning the changes to the Conditions of Approval
and Development Standards.
LW ' Commissioner James moved to approve the request of The Guest Family Trust for a Site
Specific Development Plan and Use by Special Review Permit, USR19-0052, for a Use permitted
as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial
Zone Districts (storage of firewood and parking and staging of up to five (5) 3/4-ton pickup trucks
and two (2) trailers) 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. The motion was seconded by Commissioner Moreno, and it carried unanimously.
There being no further discussion, the hearing was completed at 3:49 p.m.
This Certification was approved on the 16th day of December, 2019.
BOARD OF COUNTY COMMISSIONERS
W LD COUNTY, COL RADO
ATTEST: da+v1/ ;ve adat_t
arbara Kirkmeyer, Chair
Weld County Clerk to the Board
EXCUSED
t / - •� Mike Freeman, Pro-Tem
BY: V V1?�
eputy Clerk to the Board
vi t Sean . Conway
m
Iasi ty( c tt K. James
v°t Steve Moreno
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