HomeMy WebLinkAbout20190689.tiffHEARING CERTIFICATION
DOCKET NO. 2019-20
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR18-0091, FOR A SINGLE-FAMILY DWELLING UNIT PER LOT OTHER THAN
THOSE PERMITTED UNDER SECTION 23-3-20.A AND A USE PERMITTED AS A USE
BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL
OR INDUSTRIAL ZONE DISTRICT (AN ELECTRICAL BUSINESS) 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 - B AND A TRUST, C/O KITZMAN ELECTRIC, INC.
A public hearing was conducted on February 20, 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, Selena Baltierra
Assistant County Attorney, Bob Choate
Planning Services Department representative, Kim Ogle
Public Works Engineer representative, Hayley Balzano
Health Department representative, Lauren Light
The following business was transacted:
OD I hereby certify that pursuant to a notice dated January 11, 2019, and duly published
January 16, 2019, in the Greeley Tribune, a public hearing was conducted to consider the request
of B and A Trust, do Kitzman Electric, Inc., for a Site Specific Development Plan and Use by
Special Review Permit, USR18-0091, for a Single -Family Dwelling Unit per lot other than those
permitted under Section 23-3-20.A and a Use permitted as a Use by Right, Accessory Use, or
Use by Special Review in the Commercial or Industrial Zone District (an electrical business)
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.
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and
stated the approximate 4.5 -acre site was created by a Recorded Exemption. He mentioned the
adjacent County roads and indicated the site is located within the Intergovernmental Agreement
(IGA) and Coordinated Planning Area for the Town of Platteville and is located within the three
(3) mile referral areas of the Towns of Platteville and Gilcrest. He reviewed the referral from the
Town of Platteville and described surrounding properties and uses. Mr. Ogle stated the Platte
Valley Canal is adjacent to the site, and indicated there had been no correspondence received.
He stated the business will employ 11 people, provided the hours of operation, and described the
existing landscaping. He indicated 12 referral agencies reviewed the case and three (3)
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HEARING CERTIFICATION - B AND A TRUST, C/O KITZMAN ELECTRIC, INC. (USR18-0091)
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responded with concerns addressed in the Conditions of Approval (COA) and Development
Standards (DS). He mentioned the case had an active zoning violation, ZCV18-00122, and
entered the favorable recommendation of the Planning Commission into the record as written. He
presented images of the site and surrounding views.
El Hayley Balzano, Public Works Engineer representative, provided a brief overview of the
transportation plans and requirements, and stated the site is accessed from County Road (CR)
38; however, the location of the access does not meet spacing and width requirements. She
indicated there were no traffic counts available, and reviewed the traffic information as submitted
in the application. She stated there are no upfront tracking requirements, and presented the
drainage and 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 indicated there is an existing septic system permitted for three (3) bedrooms, and
mentioned the site requires an engineer review, which is included in the Conditions of Approval
(COA). She stated portable toilets will be used for the business and indicated there will be no fuel
storage or washing of vehicles of on the site. Ms. Light stated the operations will be restricted to
the Commercial noise level, and DS #13-22 address Environmental Health (EH) items.
Tim Naylor, AGProfessionals, represented the applicant and presented his PowerPoint
presentation. He stated there had been an electrical contract business operating on the site since
1979, and have had no issues; however, the applicants were burning trash, which triggered the
violation. He indicated on the displayed map where the existing residences and buildings are
located on the site, and provided the proposed business hours. He reviewed the number of
employees, reiterated bottled water and portable toilets will be used, and the CWCWD will provide
water to the residences. He summarized how the use is compatible with all requirements and
explained the traffic related to the business. He stated there is a commercial and residential
access, and indicated the applicant would like to keep the accesses as they are.
El No public testimony was offered concerning this matter.
In response to Chair Kirkmeyer, Mr. Naylor requested DS #25 be deleted or modified, due
to the nature of the business, and requested the inclusion of notification prior to County staff
entering the property.
Chair Kirkmeyer requested deleting the language regarding the Dark Sky Policy in
COA #1.B.6, and suggested deleting COA #1.B.11 regarding an entrance gate stating it is not
necessary. She further requested adding the words "up to" regarding the number of employees
in DS #4 and suggested deleting DS #17 (Commercial noise standard). Additionally, there was
rewording of the language in DS #24, per the applicant's request, to have notice prior to County
staff visiting the site. After discussion, the Board agreed to delete COA #1.B.7 (outdoor storage
screening), and replace DS #7 with a new standard regarding commercial storage.
(CLERKS NOTE: The language in DS #7 was provided by staff following the BOCC hearing, see
Exhibit F.)
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In response to Chair Kirkmeyer, Mr. Naylor indicated the applicants had reviewed, and agree
to abide by, the Conditions of Approval and Development Standards, as amended.
Commissioner Moreno moved to approve the request of B and A Trust, do Kitzman Electric,
Inc., for a Site Specific Development Plan and Use by Special Review Permit, USR18-0091, for
a Single -Family Dwelling Unit per lot other than those permitted under Section 23-3-20.A and a
Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial
or Industrial Zone District (an electrical business) 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
1:31 p.m.
This Certification was approved on the 25th day of February, 2019.
ATTEST:
Weld County Clerk to the Board
BY:
Deputy Clerk the Board
AP
torney
Steve Moreno
Date of signature: t-I/Z/i 9
BOARD OF COUNTY COMMISSIONERS
W D COUNTYORADO
1414
, CO
arbara Kirkmey , Chair
Mike Freeman, Pro-Tem
. Conway
. James
2019-0689
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