HomeMy WebLinkAbout20194042.tiffHEARING CERTIFICATION
DOCKET NO. 2019-99.B
RE: A SUBSTANTIAL CHANGE REVIEW, USR19-0040, OF A PREVIOUSLY DENIED
APPLICATION FOR LAND USE, USE BY SPECIAL REVIEW PERMIT, USR17-0016
(DENIED JUNE 21, 2017), FOR ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (RV AND BOAT STORAGE, A DUMP STATION,
ENCLOSED SELF -STORAGE AND THE PARKING AND STAGING OF TRASH
CONTAINERS, ROLL -OFFS, AND VEHICLES AND/OR EQUIPMENT TO PICK UP AND
DELIVER SAME AND FOUR (4) INDIVIDUAL FLEX OFFICE BUILDINGS) 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 — WW, LLC
A public hearing was conducted on September 18, 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, Kim Ogle
Public Works Department representative, Hayley Balzano
Health Department representative, Lauren Light
The following business was transacted:
G I hereby certify that pursuant to a notice dated June 12, 2019, and duly published
June 14, 2019, in the Greeley Tribune, a public hearing was conducted on August 28, 2019, to
consider the request of WW, LLC, for a Substantial Change Review, USR19-0040, of a previously
denied application for land use, Use by Special Review Permit, USR17-0016 (denied
June 21, 2017), for any Use permitted as a Use by Right, Accessory Use, or Use by Special
Review in the Commercial or Industrial Zone Districts (RV and boat storage, a dump station,
enclosed self -storage and the parking and staging of trash containers, roll -offs, and vehicles
and/or equipment to pick up and deliver same and four (4) individual flex office buildings) 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, at which time the Board deemed it advisable to continue the matter to September 18,
2019, to allow the matter to be considered by a full quorum of the Board. Bob Choate, Assistant
County Attorney, made this a matter of record.
cc PLCKO(TP). PwCHB), ZH ( LL.)
10109/1`1
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HEARING CERTIFICATION - WW, LLC (SUBSTANTIAL CHANGE, USR19-0040)
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el Kim Ogle, Department of Planning Services, provided the history of the application,
explained the reason it was previously denied, and outlined the changes made to the application,
stating the applicant is now proposing a Planned Unit Development (PUD) with residential and
commercial uses. He indicated the site is within the three (3) mile referral area of the Cities of
Dacono and Northglenn, and Adams County, noted the Department of Planning Service had
received correspondence from surrounding property owners (SPO) and outlined the concerns
expressed in the correspondence. In response to Chair Kirkmeyer, Mr. Ogle stated the
commercial uses proposed in the PUD are unknown until the applicant submits a PUD application,
mentioned the existing commercial use on the site is in violation and confirmed Recreational
Vehicle (RV) storage centers are allowed as a commercial use. He displayed images of the
current site condition, submitted by an SPO, as well as additional images of the site and
surrounding views.
Hayley Balzano, Department of Public Works, stated staff had no comments with regard to
the Substantial Change, but requested the opportunity to review the PUD application when
submitted.
Lauren Light, Department of Public Health and Environment, stated staff also had no
comments with regard to the Substantial Change and recounted the water and septic information
submitted with the original USR17-0016.
el Kelsey Bruxvoort, AGPROfessionals, represented the applicant and reiterated the
applicant's intent to propose a PUD for a residential subdivision, the possibility to utilize the
existing shop for commercial use, and confirmed they are not going to propose an RV storage
center. She reviewed the criteria for Substantial Change approval, explained how they had met
the criteria, and displayed the site plan for the denied USR17-0016 and the conceptual plan for
the PUD.
El Chair Kirkmeyer referenced Condition of Approval (COA) #1.B and requested Mr. Ogle
research the date of the BOCC approval of USR17-0067.
No public testimony was offered concerning this matter.
El In response to Chair Kirkmeyer, Ms. Bruxvoort described the existing commercial use that is
in violation, stated they have been at the location since January 2019, and confirmed the initial
Notice of Violation was received in the summer of 2019. Ms. Bruxvoort deferred to Jeff Sucher,
owner of Treatment Technology (Tech) to explain the business operations.
Mr. Sucher described the business operation, indicated Treatment Tech is building a new
facility that is close to completion, explained the changes they had made to the operation and
described collaboration with various agencies to make the site compliant.
El In response to Chair Kirkmeyer, Ms. Bruxvoort provided information about the proposed
PUD, including the number and size of lots, the access, and the plan for sewage disposal and
water service. In response to Commissioner James, Mr. Ogle explained a PUD is a Zone District,
and clarified additional zoning standards for the residential component.
2019-4042
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HEARING CERTIFICATION - WW, LLC (SUBSTANTIAL CHANGE, USR19-0040)
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El In response to Chair Kirkmeyer's earlier question about COA #1.B, Mr. Ogle confirmed
USR17-0067 was approved by the Board on April 4, 2018, and with regard to County Road (CR) 2
and the determination of adequate functional classification and structural capacity to meet the
traffic requirements of the proposed PUD, referenced in COA #1.C.5, he stated Weld County has
control over access, but not maintenance. Mr. Choate clarified the Board must find the Substantial
Change application meets at least one of the four criteria, but they do not need to find all four.
Ei Commissioner Freeman moved to approve the request of WW, LLC, for a Substantial
Change Review, USR19-0040, of a previously denied application for land use, based on the
recommendations of Planning staff and the Planning Commission, and the Finding that the
applicant has demonstrated substantial change consistent with Criteria 1, with the new proposed
application potentially addressing the issues raised by the Board in the original decision of denial.
Commissioner Freeman clarified he is in support of the Substantial Change, not necessarily the
forthcoming PUD, and the motion was seconded by Commissioner Conway who echoed
Commissioner Freeman's statements. The motion carried unanimously, and there being no
further discussion, the hearing was completed at 3:30 p.m.
This Certification was approved on the 23rd day of September, 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: •tik
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
Barbara Kirkmeyer, Chhair
Mike Freeman, Pro -Tern
Steve Moreno
2019-4042
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