HomeMy WebLinkAbout20194583.tiffHEARING CERTIFICATION
DOCKET NO. 2019-128
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR19-0048, FOR A ONE (1) SINGLE-FAMILY DWELLING UNIT PER LOT OTHER
THAN THOSE PERMITTED UNDER SECTION 23-3-20.A (SECOND SINGLE-FAMILY
DWELLING UNIT) AND ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY
USE OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (SEMI -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 - DAVID AND CYNTHIA
STARK
A public hearing was conducted on October 30, 2019, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair - EXCUSED
Commissioner Mike Freeman, Chair Pro-Tem
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, Michael Hall
Public Works Department representative, Zachery Roberson
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated September 27, 2019, and duly published
October 2, 2019, in the Greeley Tribune, a public hearing was conducted to consider the request
of David and Cynthia Stark, for a Site Specific Development Plan and Use by Special Review
Permit, USR19-0048, for one (1) Single -Family Dwelling Unit per lot other than those permitted
under Section 23-3-20.A (second single-family dwelling unit) and any Use permitted as a Use by
Right, Accessory Use or Use by Special Review in the Commercial or Industrial Zone Districts
(semi -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.
le Chair Pro-Tem Freeman 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
Chair Kirkmeyer excused.
e Michael Hall, Department of Planning Services, mentioned the application was received prior
to the adoption of Ordinance #2019-02, effective July 25, 2019. He presented a brief summary of
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HEARING CERTIFICATION - DAVID AND CYNTHIA STARK (USR19-0048)
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the proposal, indicated nine (9) commercial trucks and trailers would be parked on the property,
and the office would be located within the primary residence. He provided the number of
employees, and hours of operation, outlined the proposed landscaping improvements and stated
no correspondence had been received by the Department of Planning Services. He indicated
ten (10) referrals were sent out, eight (8) agencies responded, and the site lies within the three
(3) mile referral area of the Town of Kersey, Kersey's Coordinated Planning Agreement (CPA)
Boundary, and the Airport Overlay District. He described surrounding uses, entered the favorable
recommendation of the Planning Commission into the record as written, and displayed images of
the site and surrounding views. In response to Commissioner Conway, Mr. Hall clarified the
screening would be along County Road (CR) 49.
• Zachery Roberson, Department of Public Works, provided a brief overview of the
transportation plans and requirements, stated access is on CR 49, and noted the existing access
is permitted for commercial use. He provided daily roundtrips, average speeds, and anticipated
business related traffic. He presented the drainage and grading requirements and in response to
Commissioner Moreno, indicated the daily roundtrips and average speeds were taken in October
of 2018.
IR Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions, stating the Central Weld County Water District (CWCWD) provides water to both
residences on the property and they share a septic system permitted for six (6) bedrooms. She
indicated there will need to be an evaluation of the septic system to ensure it is large enough to
accommodate the employee use and mentioned there will be on -site washing of trailers. She
stated there is a 500 -gallon fuel tank onsite that does not require a permit from the Colorado
Department of Public Health and Environment (CDPHE), and as such, the Planning Commission
(PC) deleted Development Standard (DS) #22 (State Underground and Above Ground Storage
Tank Regulations) from the Resolution. She noted DS #14-23 address Environmental Health
items.
• David Stark, applicant, thanked Mr. Hall for his help with the application process.
• No public testimony was offered concerning this matter.
e In response to Commissioner Conway, Mr. Stark indicated he is satisfied with the number of
employees and the number of trailers indicated in the Resolution. There was discussion about
screening, and in response to Commissioner Conway, Mr. Hall explained the purpose of the
screening and the process of submitting a Landscape and Screening Plan.
Chair Pro -Tern Freeman suggested deleting Condition of Approval (COA) #1.A (Landscape and
Screening Plan), as there are no nearby residences; Commissioner James suggested deleting
COA #1.D.6 (show and label the landscape and screening on the map); and Mr. Roberson
confirmed #1.D.15 (tracking control) can be deleted, as tracking control is not required.
Commissioner James suggested deleting DS #7 (maintenance of landscaping and screening),
and Commissioner Conway reiterated DS #22 was deleted by the PC. The Board agreed to all of
the aforementioned changes.
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HEARING CERTIFICATION - DAVID AND CYNTHIA STARK (USR19-0048)
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In response to Chair Pro -Tern Freeman, Mr. Stark indicated he had reviewed, and agreed to
abide by, the Conditions of Approval and Development Standards, as amended.
E--' No public testimony was offered with regard to changes made to the Conditions of Approval
and Development Standards.
Commissioner Conway moved to approve the request of David and Cynthia Stark for a Site
Specific Development Plan and Use by Special Review Permit, USR19-0048, for one (1)
Single -Family Dwelling Unit per lot other than those permitted under Section 23-3-20.A (second
single-family dwelling unit) and any Use permitted as a Use by Right, Accessory Use or Use by
Special Review in the Commercial or Industrial Zone Districts (semi -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 and Development Standards, as amended. The motion was seconded by
Commissioner James, and it carried unanimously. Commissioner Conway suggested the
applicant look into the Weld County Small Business Incentive Program, and there being no further
discussion, the hearing was completed at 10:33 a.m.
This Certification was approved on the 4th day of November, 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d,,Qt ��!��p:�� EXCUSED
Barbara Kirkmeyer, Chair
Weld County Clerk to the Board
BY:7117%--v.,/
eputy Clerk to the Board
• Mike Freeman, Chair Pro-Tem
Sean P/)Conway
ott'K. James
Steve Moreno
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ATTENDANCE LIST
10/30/11
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