HomeMy WebLinkAbout20194358.tiff HEARING CERTIFICATION
DOCKET NO. 2019-124
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR19-0053, FOR MORE THAN THREE (3) SEMI-TRAILERS USED AS PERSONAL
STORAGE UNITS AND A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (COMMERCIAL VEHICLE PARKING) 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 -
PATRICIA NASH
A public hearing was conducted on October 9, 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, Jessica Reid
Assistant County Attorney, Bob Choate
Planning Services Department representative, Angela Snyder
Public Works Department representative, Evan Pinkham
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated August 30, 2019, and duly published
September 4, 2019, in the Greeley Tribune, a public hearing was conducted to consider the
request of Patricia Nash,for a Site Specific Development Plan and Use by Special Review Permit,
USR19-0053, for more than three (3) semi-trailers used as personal storage units and a Use
permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (commercial vehicle parking) 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.
IR Angela Snyder, Department of Planning Services, presented a brief summary of the proposal
and stated USR19-0053 was received and processed prior to the adoption of Ordinance
#2019-02, effective July 25, 2019, which amended Chapter 23 Zoning of the Weld County Code.
She indicated nine (9) referrals were sent out and two (2) agencies responded, the site is within
the three (3) mile referral area of the Town of Fort Lupton, and provided the number of employees,
and the hours of operation. She stated there is an active zoning violation on the site, noted two (2)
letters of correspondence had been received by the Department of Planning Services, and
outlined the concerns expressed in the letters. She mentioned the surrounding uses, displayed
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HEARING CERTIFICATION - PATRICIA NASH (USR19-0053)
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images of the site and surrounding views, and entered the favorable recommendation of the
Planning Commission into the record as written.
El Evan Pinkham, Department of Public Works (PW), provided a brief overview of the
transportation plans and requirements, stated access is on County Road (CR) 18, and provided
the daily roundtrips and average speeds. He indicated PW is requesting an Improvements and
Road Maintenance Agreement, mentioned the site meets a drainage exception, and outlined the
grading requirements. He noted Condition of Approval (COA) #1.D.8 needed to be changed to
read "paved' instead of"graver, and in response to Commissioner Conway, Mr. Pinkham clarified
the requirements of COA#1.C (Road Maintenance Agreement).
Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions, stated water is provided by Aristocrat Ranchettes and there is a septic system
permitted for three (3) bedrooms. She indicated a screened portable toilet is acceptable, the noise
level specified is residential, and Development Standards (DS) #16-24 address Environmental
Health (EH) items.
Patricia Nash, applicant, stated she is proposing a six (6) foot dirt berm to screen the
commercial vehicles and correct the violation. In response to Chair Kirkmeyer, Ms. Nash indicated
she does not anticipate the use of fencing or landscaping for screening.
No public testimony was offered concerning this matter.
In response to Chair Kirkmeyer, Ms. Snyder stated the proposed screening will be inspected
before the Zoning Violation is closed, and there was discussion among the Board, staff, and the
applicant about the screening options of the non-commercial junkyard and the storage trailers. In
response to Commissioner Conway, Ms. Snyder confirmed the Department of Planning Services
is working with the applicant on cost-effective screening options.
IN Chair Kirkmeyer suggested deleting the language that references pipeline easements in
COA#1.A (screening of noncommercial junkyard), and removing the language that references
improvements from COA #1.C (Road Maintenance Agreement). Per Mr. Pinkham's
recommendation, she suggested changing "graver to "paved' in COA #1.D.8, and replacing
"Improvements" with "Road Maintenance" in DS #13 and #14.
In response to Ms. Nash, Chair Kirkmeyer clarified what the Road Maintenance Agreement
entails, and in response to Chair Kirkmeyer, Ms. Nash indicated she had reviewed, and agreed
to abide by, the Conditions of Approval and Development Standards, as amended.
El No public testimony was offered with regard to changes made to the Conditions of Approval
and Development Standards.
Commissioner Moreno moved to approve the request of Patricia Nash for a Site Specific
Development Plan and Use by Special Review Permit, USR19-0053, for more than three (3)
semi-trailers used as personal storage units and a Use permitted as a Use by Right, Accessory
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HEARING CERTIFICATION - PATRICIA NASH (USR19-0053)
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Use, or Use by Special Review in the Commercial or Industrial Zone Districts (commercial vehicle
parking) 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 11:41 a.m.
This Certification was approved on the 14th day of October, 2019.
BOARD OF COUNTY COMMISSIONERS
W LD COUNTY, C LORADO
ATTEST:ditifet) JC,.Gte•� ��
arbaraKirkmey , Chair
Weld County Clerk to the Board
Mike reeman, Pro-Tem
Peputy Clerk to the Board Adv
.. �. /4 \ . onway
sAikz, sco t . James
, •l�� Steve Moreno
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2019-4358
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