HomeMy WebLinkAbout20191212.tiffHEARING CERTIFICATION
DOCKET NO. 2019-41
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR18-0113, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(SHOP AND TRUCK 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 - CHRISTOPHER AND MICHELLE
SWANSON
A public hearing was conducted on April 3, 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 - EXCUSED
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Jessica Reid
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:
• I hereby certify that pursuant to a notice dated February 22, 2019, and duly published
February 27, 2019, in the Greeley Tribune, a public hearing was conducted to consider the
request of Christopher and Michelle Swanson, for a Site Specific Development Plan and Use by
Special Review Permit, USR18-0113, for a Use permitted as a Use by Right, Accessory Use or
Use by Special Review in the Commercial or Industrial Zone Districts (shop and truck 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.
• 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
James excused.
• Chris Gathman, Department of Planning Services, presented a brief summary of the proposal
that includes a 400 -square -foot office and a 4,000 -square -foot shop. He reviewed the hours of
operation, stated there will be eight (8) full-time, and two (2) part-time employees, displayed
images of the site and described surrounding property uses. He stated the site is within the
three (3) mile referral area of the Town of Severance and located within the Town of
Severance/Weld County Cooperative Planning Agreement boundary. Mr. Gathman explained the
PLC CC,(TP), PwCip), E.HCLL)
OStOf 19
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applicant will have to apply for a Change of Use Permit, for the commercial use, as they originally
applied for a residential permit. He mentioned they will have to apply for a grading permit and a
building permit for the cargo containers on the east side of the shop building. (CLERKS NOTE:
The case was recommended favorably by the Planning Commission.)
ID Evan Pinkham, Department of Public Works, provided a brief overview of the transportation
plans and requirements, stated the site accesses State Highway 14 and presented the drainage
and grading requirements. In response to Commissioner Conway, Mr. Pinkham confirmed the
Grading Permit is required because the applicant is disturbing more than one (1) acre.
el Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions and stated North Weld County Water District (NWCWD) will provide water service, and
explained the site has a commercial septic system sized for ten (10) people. She indicated there
will be no washing of vehicles and no fuel storage, but there will be minor maintenance on the
site. She stated Development Standards (DS) #9-17 address Environmental Health (EH) items.
El Chris Swanson, applicant, described the business for the Board, including that they are a
small trucking company that hauls agricultural products, from Livermore, Colorado to Denver,
Colorado, for Purina.
No public testimony was offered concerning this matter.
Chair Kirkmeyer suggested deleting Condition of Approval (COA) #1.B (fire district
requirement) because the requirement is already in the Weld County Code, and the Board agreed.
In response to Commissioner Conway, Mr. Swanson stated he is planning to place a sign with
the site address close to the road. The Board agreed to Mr. Gathman's suggestion to add a new
COA #1.F (building permit for cargo containers). After discussion about screening, Chair
Kirkmeyer suggested deleting COA #1.C (irrigation and maintenance plan). She suggested
changing the language in DS #4 (number of employees) to say "up to ten (10)" and adding the
word "equivalent", deleting DS #13 (noise level), and modifying the language in COA #1.F.5
(screening of truck parking), and the Board agreed to all.
El In response to Chair Kirkmeyer, Mr. Swanson indicated he had reviewed, and agreed to
abide by, the Conditions of Approval and Development Standards, as amended.
No public testimony was offered in response to the revised Conditions of Approval and
Development Standards.
El Commissioner Conway moved to approve the request of Christopher and Michelle Swanson
for a Site Specific Development Plan and Use by Special Review Permit, USR18-0113, for a Use
permitted as a Use by Right, Accessory Use or Use by Special Review in the Commercial or
Industrial Zone Districts (shop and truck 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
2019-1212
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HEARING CERTIFICATION - CHRISTOPHER AND MICHELLE SWANSON (USR18-0113)
PAGE 3
and Development Standards, as amended. The motion was seconded by
Commissioner Freeman, and it carried unanimously. There being no further discussion, the
hearing was completed at 10:52 a.m.
This Certification was approved on the 8th day of April, 2019.
ATTEST: dithiv •ok
Weld County Clerk to the Board
BY:
Deputy Clerk
APPR
ounty Attorney
Date of signature: 5* V1
BOARD OF COUNTY COMMISSIONERS
WELp, COUNTY, COLORADO
I1
rrbara Kirkme er, Ch-ir
Mike Freeman, Pro-Tem
an P. Conway
USED
tt K. James
Steve Moreno
2019-1212
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