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Home My WebLink About20193730.tiffHEARING CERTIFICATION DOCKET NO. 2019-96 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR19-0027, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (COMMERCIAL TRUCKING BUSINESS WITH THREE (3) TRUCKS) 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 - SERGIO AND EMMA VARGAS A public hearing was conducted on August 21, 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 - EXCUSED Also present: Acting Clerk to the Board, Selena Baltierra Assistant County Attorney, Karin McDougal Planning Services Department representative, Angela Snyder Public Works Department representative, Hayley Balzano Health Department representative, Lauren Light The following business was transacted: IR I hereby certify that pursuant to a notice dated June 25, 2019, and duly published June 28, 2019, in the Greeley Tribune, a public hearing was conducted to consider the request of Sergio and Emma Vargas, for a Site Specific Development Plan and Use by Special Review Permit, USR19-0027, for any Use permitted as a Use by Right, Accessory Use or Use by Special Review Permit in the Commercial or Industrial Zone Districts (commercial trucking business with three (3) trucks) 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. Karin McDougal, 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 Moreno excused. El Angela Snyder, Department of Planning Services, presented a brief summary of the proposal and indicated nine (9) referrals were sent out, and eight (8) agencies responded. She stated the site is currently vacant, and reviewed the access easements. She indicated the Farmer's Reservoir and Irrigation Company (FRICO) had requested an executed agreement if the applicant wished to use the ditch road, which they do not at this time. She explained the applicant is Pt_Cas(-ce), Ft.oc t -t6). EHC LL) tt f 07/11 2019-3730 PL2693 HEARING CERTIFICATION - SERGIO AND EMMA VARGAS (USR19-0027) PAGE 2 requesting to have three (3) trucks on the site and noted the original application included a USR draft map, which identified ten (10) commercial vehicles associated with the site, and that number has been reduced to three (3). She stated the trucks will be used to haul water for oil and gas operations, provided the hours of operation, indicated there is a building for business and personal storage, and mentioned the surrounding residences. Ms. Snyder explained the site received a zoning complaint due to the parking of commercial trucks, and the applicant immediately removed the trucks prior to the start of a violation case. She described the surrounding uses, and described the correspondence received from surrounding property owners (SPO), which included concerns with traffic, poor visibility, industrial use of the site, the access easement, waste, noise, environmental impacts and hours of operation. She presented images of the site and surrounding views, and in response to Commissioner Conway regarding the reduction of trucks, Ms. Snyder mentioned it correlated with the cost of drainage and referred the question to the applicant. (Clerks Note: The Planning Commission recommended the case favorably at the July 16, 2019, hearing.) Hayley Balzano, Department of Public Works (PW), addressed the previous question stating the cost of drainage had not changed, furthermore, the modification to the number of trucks was due to the results of the Traffic Impact Study and requests of SPOs. She provided a brief overview of the transportation plans and requirements, and indicated the applicant was proposing to use an existing access on County Road (CR) 44. She explained there were concerns with the proposed access and site distance, and stated PW requested the applicant have their engineer evaluate the location on the front of the lot, which has great site distance. She provided average daily traffic counts, speeds, and daily roundtrips. She explained the requirements of tracking control and stated PW is requiring an Improvements and Road Maintenance Agreement, which could be downgraded to just a Road Maintenance Agreement. Ms. Balzano indicated the applicant had submitted a Preliminary Drainage Report and detention pond design and presented the drainage and grading requirements. In response to Commissioner Conway, Ms. Balzano further explained PW concerns regarding site distance, and the proposed access. There was additional discussion regarding the Recorded Exemption, approved in 2016, and the recommended PW access. E Lauren Light, Department of Public Health and Environment, reviewed the water and sewer provisions, and stated the property is vacant; however, the Central Weld County Water District (CWCWD) will provide water to the site. She explained the application indicated there will be a septic system installed and designed for a four (4) bedroom residence and a shop. She mentioned the Development Standards allow for portable toilets; however, she but recommended deleting the standard if the site will not be used until the shop is built. She indicated there will be some maintenance on the site, stated a Waste Handling Plan is required, and explained the applicant had submitted a Dust Abatement Plan. She indicated the noise level on the site will be limited to the Commercial Zone, and stated DS #8, 9 and 18-25 address Environmental Health (EH) items. Mark Taylor, Alles Taylor and Duke, LLC, represented the applicant and stated his concern with the sightline of cars, explaining the trucks will be able to see, but confirmed the access is not ideal. He indicated the access was moved slightly west to keep the turning radii within the easement and in response to Chair Kirkmeyer, confirmed they agreed to limit the application to 2019-3730 PL2693 HEARING CERTIFICATION - SERGIO AND EMMA VARGAS (USR19-0027) PAGE 3 three (3) trucks. In response to Commissioner Conway, Mr. Taylor stated it did not make sense to move the access as requested by PW, and in response to Chair Kirkmeyer, Mr. Taylor confirmed the three (3) trucks will be parked at the site until they are picked up to do business. He stated the proposed residence will be occupied by the applicant's, explained the commercial trucking is a family business, and stated two (2) of the drivers are family members, who will eventually live on the site. No public testimony was offered concerning this matter. In response to Chair Kirkmeyer, Mr. Taylor indicated he had reviewed the Conditions of Approval and Development Standards and had no questions or concerns. In response to Chair Kirkmeyer, Ms. Snyder reviewed the referrals from the Platte Valley Fire Protection District (PVFPD), CWCWD and FRICO, consequently, Chair Kirkmeyer suggested deleting COA #1.A (PVFPD requirements), adding "attempt to"to COA #1.B (CWCWD requirements), and deleting COA #1.C (FRICO requirements). There was discussion concerning screening of the site and the Board agreed to modify the language in COA #1.D (Screening Plan). In response to Chair Kirkmeyer, Mr. Taylor stated there was no lighting proposed and Chair Kirkmeyer suggested deleting COA #1.E (Lighting Plan). The Board agreed to delete COA #1.F (Improvements and Road Maintenance Agreement), modify COA #1.H.5 (screening) to reflect the changes in COA #1.D (screening), delete COA #1.H.6 (Lighting Plan) and COA #1.H.8 (screened parking area), and add language to COA #1.H.13 (access) to specify the details of the existing, shared access. IR The Board agreed to delete DS #5 (screened parking area), modify the language in DS #7 to remove the landscaping requirement, delete DS #14 (Improvements Agreement), DS #15 (annual review of Improvements Agreement), DS #21 (Noise Limit), and add language to DS #24 (EH requirements) to allow portable toilets until the construction of the residence is complete. El In response to Chair Kirkmeyer, Mr. Taylor indicated he had reviewed, and agreed to abide by, the Conditions of Approval and Development Standards, as amended. There was no public testimony offered concerning the changes to the Conditions of Approval and Development Standards. Commissioner James moved to approve the request of Sergio and Emma Vargas for a Site Specific Development Plan and Use by Special Review Permit, USR19-0027, for any Use permitted as a Use by Right, Accessory Use or Use by Special Review Permit in the Commercial or Industrial Zone Districts (commercial trucking business with three (3) trucks) 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 12:14 p.m. 2019-3730 PL2693 HEARING CERTIFICATION - SERGIO AND EMMA VARGAS (USR19-0027) PAGE 4 This Certification was approved on the 26th day of August, 2019. BOARD OF COUNTY COMMISSIONERS W D COUNTY, COL RADO ATTEST: datifiA) ;ck Weld County Clerk to the Board BY: /, - - eputy Clerk to the Board arbara Kirkmeyeri Chair EXCUSED DATE OF APPROVAL Mike Freeman, Pro-Tem Sean ' . Conway 2019-3730 PL2693 ATTENDANCE LIST .82-02/-020/9 w*.:.� .e rc�..y„i' _; r •' �¢ � - _ �� tl k i. <i,P• � "f 'h�Y t y Y r r _ ..5 F 'v' ` � � sat ) .z v.4 s2J.*,t . � .� 4i ".: �=J�tY . .. .#A,n'.'a' ^c „ '`"`�" ~ ! � �^ I :.Y..- ✓�+�� S f• ;'i�`S _ a.''s� :ic- 1 "r .�s- "-rG ,� ; d..' ti +%!.. �t�? ..,� :� a fz i +�: .. ,. z�` �..,, ,s .t k,.. ,•.'-: an z�i�.?y'1, %n'.o- ., ✓ iR x4".^*zi. 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