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Home My WebLink About20190176.tiffHEARING CERTIFICATION DOCKET NO. 2019-03 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR18-0071, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (CONSTRUCTION BUSINESS STORAGE YARD FOR TRUCKS, TRAILERS, PIPE, MATERIALS AND EQUIPMENT) 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 - JOHN AND ALICE KUERSTEN A public hearing was conducted on January 16, 2019, at 10:00 a.m., with the following present: Commissioner Barbara Kirkmeyer, Chair Commissioner Mike Freeman, Pro -Tern Commissioner Sean P. Conway — EXCUSED Commissioner Scott K. James Commissioner Steve Moreno Also present: Acting Clerk to the Board, Selena Baltierra Assistant County Attorney, Frank Haug Planning Services Department representative, Michael Hall Public Works Engineer representative, Evan Pinkham Health Department representative, Lauren Light The following business was transacted: • I hereby certify that pursuant to a notice dated November 13, 2019, and duly published November 19, 2019, in the Greeley Tribune, a public hearing was conducted to consider the request of John and Alice Kuersten, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0071, for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (construction business storage yard for trucks, trailers, pipe, materials and equipment) 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. Frank Haug, 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 Conway excused. • Michael Hall, Department of Planning Services, presented a brief summary of the proposal and indicated the applicant is requesting a USR for a construction business storage yard on an approximate 9.2 -acre parcel. He stated .8 acres of the parcel is used for a gravel storage yard, and the applicants own and operate a civil engineering construction company and use the site as oc.'•PLC mH/TP),PC.JC£P), _HCLL) OD/ -7/ (9 2019-0176 PL2620 HEARING CERTIFICATION - JOHN AND ALICE KUERSTEN (USR18-0071) PAGE 2 an overflow yard for the business. He indicated the storage yard is located in the northern portion of the site and a building permit had been issued for a 3,600 -square -foot personal garage, not part of the business. Mr. Hall described the existing screening, and stated no additional screening is proposed, and the existing native grasses on the site will be maintained. He indicated no buildings, lighting, landscaping, signage or additional access points are proposed, and he provided the hours of operation. Mr. Hall stated up to ten (10) external employees, not including the two (2) property owners, will access the site for less than two (2) hours at a time to pick up and drop off commercial vehicles, equipment and materials. He explained the site was in violation, ZCV18-00085, however, after receiving the violation, the applicant worked to clean up the site and comply with Weld County regulations prior to the application's approval. He stated if the application is denied, Planning staff has requested the case be forwarded to the County Attorney for legal action. Mr. Hall indicated Planning staff sent notification of the application to seven (7) surrounding property owners (SPOs), and five (5) responded with letters of opposition. He described the concerns included in the letters and expressed at the Planning Commission (PC) hearing, and stated the concerns should be addressed by the Conditions of Approval (COA) and Development Standards (DS). He stated, per the application, approximately 20 roundtrips per day were requested; however, at PC it was reduced to ten (10) daily roundtrips, and the applicant indicated 80% of the traffic will come from the north off of CR 46. He further stated 14 referrals were sent out and ten (10) agencies responded without concerns or included items that had been addressed through COA and DS. Mr. Hall indicated the site is within the three (3) mile referral areas of the City of Evans, and Towns of Milliken, Gilcrest, and Platteville, and within the Coordinated Planning Agreement of the Towns of Milliken and Platteville. el He stated the Towns of Milliken and Platteville both submitted notice of inquiry forms, with no interest in annexation. He further mentioned the site is not located within a Regional Urbanization Area or Urban Grown Boundary of any municipality. Mr. Hall displayed and described the vicinity map, stated the site is approximately 9.27 acres and indicated the adjacent County roads. He mentioned the proximity of the site to the South Platte River and U.S. Highway 85, and stated the site is not located within an Airport Overlay District, Geological Hazard Overlay, floodplain, or MS4 area. He described the surrounding zoning, USRs and uses, and indicated on the map where the opposing SPOs were located. Mr. Hall displayed the site layout and mentioned there is a gate at the access. He stated no vehicles or employees were observed on the site, and indicated where the equipment was located. He mentioned additional items on the site and their location, provided images of the site and surrounding views, and entered the favorable recommendation of the Planning Commission into the record as written. In response to Chair Kirkmeyer, Mr. Hall restated the equipment he observed on the site. El Evan Pinkham, Public Works Engineer representative, provided a brief overview of the transportation plans and requirements, and stated the site accesses CR 49. He indicated there is an existing access permit, which will need to be repermitted as commercial. He stated there were no traffic counts available and explained the applicant initially had indicated there would be approximately 20 roundtrips per day; however, the Planning Commission limited that to ten (10) roundtrips per day, found in DS #5. Mr. Pinkham stated there is no upfront tracking control required, and explained there is a COA for an Improvements and Road Maintenance Agreement. He indicated the applicant meets an exception for detention for non -urbanizing areas, stated a grading permit will be required if they disturb more than an acre, and presented the drainage and grading requirements. 2019-0176 PL2620 HEARING CERTIFICATION - JOHN AND ALICE KUERSTEN (USR18-0071) PAGE 3 • Lauren Light, Department of Public Health and Environment, reviewed the water and sewer provisions, and stated the applicant indicated they will use a portable toilet for the business. She explained the applicant submitted a well permit; however, it is for domestic use only and will needed to be repermitted if used in conjunction with the business, covered in DS #24. She stated there will be no washing, fuel or chemical storage on the site and mentioned the noise level requirement. She indicated DS #17-25 address Environmental Health (EH) items. • John Kuersten, applicant, stated he did not know he needed to apply for a commercial access permit and explained the access had been constructed to meet commercial requirements. He indicated the displayed berm had not been complete at the time the photographs were taken and mentioned the building was constructed under a building permit. He requested the Landscape Plan include only native seeding because there is no irrigation water, and described the existing berming. He explained the Planning Commissions reduction of the roundtrips per day and requested 20 roundtrips per day be reinstated, with the traffic primarily coming from the north. He provided an explanation for the equipment observed on the site and mentioned the site has strictly been an overflow lot. • No public testimony was offered concerning this matter. ID In response to Chair Kirkmeyer, the applicant described the gate and stated he believed they met the requirements of a commercial access. Mr. Pinkham further explained the request for repermitting is mainly to have documentation and confirmed the access meets the criteria. Chair Kirkmeyer and Mr. Pinkham clarified the process to change the residential access to commercial. Mr. Kuersten indicated the property came with a well permit, and stated they will not be seeking a commercial well permit. He revisited the existing landscaping and berming and requested the Board address the truck trips. • In response to Commissioner Moreno, the applicant stated there will be no signage for the business. Mr. Kuersten explained the lighting on the property, and indicated there are four (4) different businesses using the site for storage purposes; however, there are no employees on the site full time. al Commissioner Freeman suggested deleting COA #1.A, regarding a Landscaping and Screening Plan, and Chair Kirkmeyer suggested adding language to COA #1.D.6 to address the screening of an outdoor storage yard. Commissioner Freeman recommended deleting the language requiring an Improvements Agreement, and only require a Road Maintenance Agreement in COA #1.C, the Board agreed. The Board agreed to delete the last sentence of COA #1.D.6, and Chair Kirkmeyer suggested deleting the Dark Sky Policy regarding lighting in COA #1.D.10. Mr. Hall reminded the Board of the requirements of the gate, and the Board agreed to delete the last sentence of COA #1.D.15. El Chair Kirkmeyer requested adding the words "up to"to DS #4 regarding employees, and the Board agreed. The Board also agreed to allow the applicant 20 roundtrips per day in DS #5, and Chair Kirkmeyer requested adding language to include the traffic be directed to the site from the north. Mr. Pinkham clarified roundtrips versus trips, and the applicant commented on the 2019-0176 PL2620 HEARING CERTIFICATION - JOHN AND ALICE KUERSTEN (USR18-0071) PAGE 4 maintenance included regarding the Road Maintenance Agreement. The Board agreed to delete DS #13 and #14 for the consistent deletion of an Improvements Agreement, and Mr. Pinkham stated DS #16 needed to be deleted due to the drainage exception. Chair Kirkmeyer suggested deleting DS #21 regarding the Residential Noise standard, further requested adding language to require portable toilet screening in DS #23 and clarified DS #24 regarding adequate drinking water. In response to Chair Kirkmeyer, Mr. and Ms. Kuersten indicated they had reviewed, and agree to abide by, the Conditions of Approval and Development Standards, as amended. ID Commissioner Freeman moved to approve the request of John and Alice Kuersten for a Site Specific Development Plan and Use by Special Review Permit, USR18-0071, for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (construction business storage yard for trucks, trailers, pipe, materials and equipment) 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 James, and it carried unanimously. There being no further discussion, the hearing was completed at 11:22 a.m. This Certification was approved on the 21st day of January, 2019. 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