HomeMy WebLinkAbout20192292.tiffHEARING CERTIFICATION
DOCKET NO. 2019-68
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR19-0017, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(PARKING AND STAGING OF VEHICLES AND EQUIPMENT ASSOCIATED WITH A
CONCRETE BUSINESS), AND UP TO TWO (2) CONEX CONTAINERS IN THE
A (AGRICULTURAL) ZONE DISTRICT — EL COLORADO VIEW, LLC
A public hearing was conducted on June 26, 2019, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro-Tem
Commissioner Sean P. Conway — EXCUSED
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, Evan Pinkham
Health Department representative, Lauren Light
The following business was transacted:
le I hereby certify that pursuant to a notice dated April 26, 2019, and duly published May 1,
2019, in the Greeley Tribune, a public hearing was conducted to consider the request of
El Colorado View, LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR19-0017, for a Use permitted as a Use by Right, Accessory Use or Use by Special Review
in the Commercial or Industrial Zone Districts (parking and staging of vehicles and equipment
associated with a concrete business), and up to three (3) conex containers in the A (Agricultural)
Zone District. Bob Choate, Assistant County Attorney, made this a matter of record.
el In response to Chair Kirkmeyer, Mr. Gathman stated the applicant was not present.
(CLERK'S NOTE: The Applicant arrived at 10:05 a.m.)
a 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
Conway excused.
El Chris Gathman, Department of Planning Services, presented a brief summary of the proposal
and provided the hours of operation, which were adjusted through an email request. He explained
the number of employees associated with the site, and stated the application was submitted in
response to a violation. He presented images of the site and surrounding views, and described
the surrounding uses. He indicated no correspondence had been received from surrounding
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property owners (SPO) and mentioned a Screening Plan is required. Mr. Gathman stated the site
is within the three (3) mile referral area of the Cities of Dacono and Northglenn, and the City and
County of Broomfield, and reviewed the municipalities' referrals. He explained the site is
approximately ten (10) acres, and designated as both "Prime" and "Not Prime". He indicated the
parcel is not currently in crop production and explained the purpose of a pile of recycled asphalt.
In response to Chair Kirkmeyer, Mr. Gathman deferred to the applicant to explain the size of a
stockpile shown on the site map.
• Evan Pinkham, Department of Public Works, provided a brief overview of the transportation
plans and requirements, and stated there will be approximately seven (7) to eight (8) daily
roundtrips, with some weekly trips to the site. He explained the traffic route, indicated a Road
Maintenance Agreement will be required, and mentioned the applicant had submitted a
preliminary drainage report, which included a request for a retention pond.
• Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions, and stated the residence on the site is serviced by a domestic well, which is permitted
for two (2) bedrooms. She explained the well would need to be repermitted as Commercial to be
used for the business, and portable toilets could be used with the use, as long as it follows
Environmental Health (EH) policy. She stated there will be no washing of vehicles or equipment
and no fuel storage on the site; however, there will be maintenance of vehicles onsite for
emergency repairs. Lastly, Development Standards (DS) #8-16 address EH items.
• Lillian Phillips, Anaya Concrete, represented the applicant, stated the proposed use is a
family -owned business and explained the operation. She explained they have been in business
for 11 years and have worked well with approximately 25 employees, therefore, they want to
continue the business as it has been operating. In response to Chair Kirkmeyer, she indicated the
residence on the site is a rental, and the violation occurred as a miscommunication between the
property owners and the realtor, and a misunderstanding of the application process. She
apologized and stated it has been a learning process. In response to Chair Kirkmeyer, Ms. Phillips
referred additional questions to the applicant.
• Prisciliano Anaya, applicant, described the vehicles and equipment associated with the
business, which are not always parked on the site. In response to Chair Kirkmeyer, Mr. Anaya
provided the hours of operation, in relation to when the employees will utilize the site. He further
confirmed the business office is located on the proposed site, and indicated there are two (2)
full-time and two (2) part-time employees at the site. In response to Commissioner James,
Mr. Anaya reiterated the residence is a rental property, therefore, he does not live on the site. In
response to Chair Kirkmeyer, Mr. Anaya indicated where the office is located on the site map.
Ms. Phillips discussed the use of the existing buildings and Mr. Anaya explained they purchased
the property for compatibility reasons and apologized for operating the business prior to obtaining
a USR permit.
• No public testimony was offered concerning this matter.
• In response to a previous question, Mr. Anaya explained the use of the recycled concrete
and the size of the piles. In response to Chair Kirkmeyer, Mr. Anaya and Ms. Phillips indicated
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they had reviewed, and agreed to abide by, the Conditions of Approval and Development
Standards, as presented. In response to Ms. Phillips, Chair Kirkmeyer referenced Condition of
Approval (COA) #3 and explained the plat should be recorded within 120 days from the date of
the Board of County Commissioners' Resolution. In response to Ms. Phillips, Chair Kirkmeyer
further explained the next steps of the USR process, should the application be approved, including
abiding by the COAs and DSs, working with staff, addressing the requirements of various
agencies, screening, and delineations on the plat.
El In response to Commissioner James, Mr. Gathman explained the allowances for conex
containers and confirmed there were two (2) conex containers on the proposed site, which is a
Use by Right. In response to Mr. Gathman, Chair Kirkmeyer suggested changing the number of
conex containers to "two (2)"rather than deleting it from the description of the request. In response
to Chair Kirkmeyer, Mr. Gathman reviewed the referral from the Fire District. In response to the
conversation regarding the fire district, Chair Kirkmeyer suggested deleting COA #1.C (fire district
requirements). Chair Kirkmeyer directed screening should not include a chain link fence with slats
and additionally suggested adding language to COA #1.E (screening plan) to ensure the plan is
submitted to staff and all equipment, parking and storage, is properly screened. In response to
Ms. Phillips, Chair Kirkmeyer instructed the applicant of the allowances for screening to be
compatible with the surrounding area.
Chair Kirkmeyer suggested changing the hours of operation in DS #3 to 6:00 a.m. to
8:00 p.m., and in response to Chair Kirkmeyer, the applicant elected to change the number of
full- and part-time employees in DS #4. Chair Kirkmeyer requested to add "in accordance with the
approved Screening Plan" in DS #7 (landscaping maintenance), and after discussion regarding
the portable toilets in DS #13, Chair Kirkmeyer suggested language to specify the portable toilet
screening. Chair Kirkmeyer mentioned DS #30 was deleted, due to it being a COA rather than a
DS. Mr. Choate confirmed the number of conex containers was to be changed throughout the
Resolution.
In response to Chair Kirkmeyer, Mr. Anaya indicated he had reviewed, and agreed to abide
by, the Conditions of Approval and Development Standards, as amended.
There was no public testimony offered regarding the changes made to the Conditions of
Approval and Development Standards.
Commissioner Freeman moved to approve the request of El Colorado View, LLC, for a Site
Specific Development Plan and Use by Special Review Permit, USR19-0017, for a Use permitted
as a Use by Right, Accessory Use or Use by Special Review in the Commercial or Industrial Zone
Districts (parking and staging of vehicles and equipment associated with a concrete business),
and up to two (2) conex containers 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 entered into the record. The motion was seconded by
Commissioner Moreno, and it carried unanimously. There being no further discussion, the hearing
was completed at 10:44 a.m.
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This Certification was approved on the 1st day of July, 2019.
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, COLOR A DO
ATTEST: ,,,4�,o�
Weld County Clerk to the Board
BY:
County Attorney
Date of signature: 0`7
rbara Kirkmeyer, hai
Mike Freeman, Pro-Tem
EXCUSED
Sean P. Conway
Scott K. James
Steve Moreno
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