HomeMy WebLinkAbout20193488.tiffHEARING CERTIFICATION
DOCKET NO. 2019-107
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR19-0037, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(OFFICE, SHOP, VEHICLE AND EQUIPMENT STORAGE AND STORAGE OF
LANDSCAPING MATERIAL ASSOCIATED WITH A LANDSCAPE 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 - CARVER LANDSCAPE COMPANY
A public hearing was conducted on August 7, 2019, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro -Tern - EXCUSED
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, Chris Gathman
Public Works Department representative, Hayley Balzano
Health Department representative, Lauren Light
The following business was transacted:
B: I hereby, certify that pursuant to a notice dated June 25, 2019, and duly published
June 28, 2019, in the Greeley Tribune, a public hearing was conducted to consider the request of
Carver Landscape Company, for a Site Specific Development Plan and Use by Special Review
Permit, USR19-0037, for any Use permitted as a Use by Right, Accessory Use or Use by Special
Review in the Commercial or Industrial Zone Districts (office, shop, vehicle and equipment storage
and storage of landscaping material associated with a landscape 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.
.FM. 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 Freeman being excused.
Br Chris Gathman, Department of Planning Services, presented a brief summary of the
proposal, provided the hours of operation, number of employees, and noted there was a Probable
Cause/Show Cause hearing in 2015. He explained the history of the application and stated, in
2015, a complete application was not submitted, therefore, the case was never completed. He
ee•. ?LLCta ITP' % WMYB), Bk(LL)
O9 ! l812OLR
2019-3488
PL2697
HEARING CERTIFICATION - CARVER LANDSCAPE COMPANY (USR19-0037)
PAGE 2
added the Department of Planning Services started receiving complaints in the winter of
2018-2019, which prompted the submission of the application for USR19-0037, in March. He
described the surrounding uses, the correspondence received by the Department of Planning
Services, mentioned the site is within the three (3) mile referral areas, as well as the Coordinated
Planning Agreement boundaries of the Towns of Ault and Severance, and displayed images of
the site and surrounding views.
(CLERK'S NOTE: The application was recommended favorably by the Planning Commission at
the July 16, 2019, hearing.)
Hayley Balzano, Department of Public Works, provided a brief overview of the transportation
plans and requirements, and stated the applicant is proposing the use of an existing access on
County Road (CR) 29 and also the use of an existing irrigation ditch access. She indicated both
accesses have been identified as a safety concern in the CR 29 Access Control Plan, but the
Department of Public Works (PW) is not requiring the accesses be moved. She provided the traffic
counts and average speeds on CR 29, and explained PW is requiring tracking control and a Road
Maintenance Agreement. She noted the site meets a drainage exception and presented the
drainage and grading requirements.
Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions, and indicated the existing building is served by the North Weld County Water
District (NWCWD) and has a septic system that is not permitted. She stated a commercial septic
system is proposed, there is no washing or maintenance of equipment or vehicles, and no fuel
storage onsite, and Development Standards (DS) #9-16 address Environmental Health (EH)
items.
E Tim Carver, applicant, provided the history of the property and business, and stated he
purchased the property from Pig Producers, in 2006, and was not aware the site had to have a
permit to operate. He explained a complaint from a surrounding property owner (SPO), which is
what sparked the application for the USR.
No public testimony was offered concerning this matter.
' In response to Mr. Carver, Ms. Balzano confirmed the tracking control requirements, and in
response to Commissioner Conway, Mr. Carver stated there is currently about 250 feet of
recycled asphalt going into the site. Per Ms. Balzano's recommendation, Chair Kirkmeyer
suggested deleting COA # 1.A (moving the access location), as it is currently not feasible. She
also suggested deleting COA #1.B (Road Maintenance Agreement), since CR 29 is a paved road,
and changing the language in COA #1.G.11, regarding an acceptable tracking control solution.
She suggested adding a new COA#1.F (Change of Use Building Permit), changing "limited to"to
"up to" in DS #4, and deleting DS #21 (Road Maintenance Agreement) and #22 (Road
Maintenance Agreement annual review). The Board agreed to all of the changes suggested.
In response to Chair Kirkmeyer, Mr. Carver indicated he had reviewed, and agreed to
abide by, the Conditions of Approval and Development Standards, as amended.
2019-3488
PL2697
HEARING CERTIFICATION - CARVER LANDSCAPE COMPANY (USR19-0037)
PAGE 3
tEl No public testimony was offered with regard to the changes to the Conditions of Approval
and Development Standards.
Commissioner Moreno moved to approve the request of Carver Landscape Company for a
Site Specific Development Plan and Use by Special Review Permit, USR19-0037, for any Use
permitted as a Use by Right, Accessory Use or Use by Special Review in the Commercial or
Industrial Zone Districts (office, shop, vehicle and equipment storage and storage of landscaping
material associated with a landscape 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
12:04 p.m.
This Certification was approved on the 12th day of August, 2019.
BOAR OF COUNTY COMMISSIONERS
WECOUNT RADO
ATTEST: dj�,i Jpp;ok,
Weld County Clerk to the Board
eputy Clerk to the Board
o nty Attorney
Date of signature: 01/30/I9
Barbara Kirkmeyer, Chair
2019-3488
PL2697
ATTENDANCE LIST
NAME.- PLEASE PRINT LEGIBLY
. ADDRESS (CITY, STATE ,ZIP)
EMAIL
..
COUNTY OF
NC RESIDE• f
SPEAKING
--' Y/N)?;
I I'•\ GA liiZ
tat M'AP6 IA%+F'1 14,0:St
+Gavyore
&. ca---
w�L(
VL.' �.,
Zor1-Si- Lg,,, ,
j q d Je6t o2 f u%
Loom AR -1
.1/���\Cleh,,,/1
! c Utensks,
/11G6()0
sS 4
q 5'nI f s F/tfie4- (�,.F/c,i
}
3e rn5 2-S/� co ti.
lJ4J
, IA)
'/owl gf�KC�
'3 5D �o�T IA 9e /v -e
)
,,,,,,I;
� kocaJtjivo5 , c 1
�P-��?
elje\\ X\lh(ivk
,,/y
1 V
OYuh\ler-)*DYC5S'Uw
[xwner
��
ogcQ`-r- NoL,L4%
9
b f# LQJA' �RPtL,
Lo✓tuiAJ,
in„,„ v1 ,cod
LdFQIMLe
I<Pv;� q,aK�
2hvo ..s. -r-
h Igo
11cwip
t"
�jakol�ED
sou)
.eIM�,
w-t/AN
gip.c,i ieja-Th
->f To 7
(7.
DA, ; r.-mer1Min
ii -3h44 t,)( R. LII-(
1-LSq
k
& y 4O,4 ,I. c
We)D
V
.5ea� 6.1/A/(i&eR0)
6312 V), d7 Ter Kar1`1-5
,a,bf
6 ila-_,koil
ren,i(.0.,v 1J�,cowl
3Th In4bcrr
OpyGtO
Hello