HomeMy WebLinkAbout20184137.tiff HEARING CERTIFICATION
DOCKET NO. 2018-115
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR18-0059, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (PARKING, STAGING AND STORAGE OF COMMERCIAL VEHICLES AND
EQUIPMENT AND AN OFFICE), 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 - DIAN AND TRAVIS SHOCKLEY,
C/O SHOCKER TRUCKING, INC.
A public hearing was conducted on December 26, 2018, at 10:00 a.m., with the following present:
Commissioner Steve Moreno, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem
Commissioner Sean P. Conway - EXCUSED
Commissioner Julie A. Cozad
Commissioner Mike Freeman
Also present:
Acting Clerk to the Board, Selena Baltierra
Assistant County Attorney, Frank Haug
Planning Services Department representative, Kim Ogle
Public Works Engineer representative, Hayley Balzano
Health Department representative, Katie Sall
The following business was transacted:
re I hereby certify that pursuant to a notice dated October 26, 2018, and duly published
October 31, 2018, in the Greeley Tribune, a public hearing was conducted to consider the request
of Dian and Travis Shockley, do Shocker Trucking, Inc., for a Site Specific Development Plan
and Use by Special Review Permit, USR18-0059, for any Use permitted as a Use by Right,
Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (parking,
staging and storage of commercial vehicles and equipment and an office), 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 Moreno 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.
• Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and
stated the site is approximately ten (10) acres, created by RECX18-0129, and described the
adjacent County roads. He explained the proposed use is on a parcel adjacent to the Shockley
residence, and is not located within three (3) miles of any municipality, Intergovernmental
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Agreement (IGA) area, or Coordinated Planning Agreement area. He described the adjacent
uses, and stated there are seven (7) property owners within 500 feet of the site, and the closest
residence is approximately 1,200 feet south west of the property line. He stated the trucking
company is small and specializes in oversized freight, and further explained the trucks and trailers
of the business. Mr. Ogle described a second business associated with Shocker Trucking, Inc.,
and mentioned it is a family partnership. He stated the proposed business has four(4) drivers and
one (1) office person; however, the applicant hopes to grow the business to up to 12 employees.
He provided the hours of operation and stated the parking and staging of vehicles must be
screened in accordance with the Weld County Code. He indicated a Parking Plan and a Lighting
Plan, which must incorporate the Dark Sky Policy is required. Mr. Ogle mentioned there is an
active zoning violation, ZCV18-00033, and explained if the application is approved, the violation
will be corrected. He explained the applicant noticed and held an open house for surrounding
property owners (SPO), and staff has received no correspondence. He stated ten (10) referral
agencies have reviewed the case, and three (3) offered comments without concerns or with
concerns that were addressed in the staff recommendation. He displayed images of the site and
surrounding views, and entered the favorable recommendation of the Planning Commission into
the record as written. In response to Commissioner Kirkmeyer, Mr. Ogle clarified there are up to
12 employees and up to ten (10) trucks on the site.
Hayley Balzano, Public Works Engineer representative, provided a brief overview of the
transportation plans and requirements, and stated with the change in the legal description of the
application, a new access point is being proposed on County Road (CR) 40 that will need to meet
spacing requirements with other accesses on the road. She indicated commercial accesses are
required to have a maximum width of 36 feet and a minimum turning radii of 60 feet. She provided
the daily traffic counts to include truck percentages, and stated there will be up to ten (10) trucks
making two (2) round trips per day, or six (6) round trips bi-weekly, and there will be passenger
vehicles making three (3) to five (5) round trips per day. Ms. Balzano indicated this many vehicles
requires all driving surfaces have recycled asphalt or road base for tracking. She stated Public
Works is requiring an Improvements Agreement (IA) for dust control, ongoing maintenance and
potential future triggered off-site improvements. She requested Development Standard (DS) #11
be modified to state, "The Improvements Agreement for this site may be reviewed on an annual
basis, including possible updates."She explained in the original application the applicant indicated
they would not be changing the imperviousness of the site, which met the drainage exception;
however, the new portion proposing to be developed is currently vegetated undeveloped land,
which triggers the requirements of a Drainage Report and detention pond design. Ms. Balzano
requested a new Condition of Approval (COA)#1.F regarding a Final Drainage Report, and a new
COA #1.F.20 with the standard language to include the drainage features and flow arrows, and
labeling of the pond. In response to Commissioner Cozad, Ms. Balzano clarified the language
proposed in COA #1.F.20 could be added to COA#1.F.16 instead.
Katie Sall, Department of Public Health and Environment, reviewed the water and sewer
provisions, stated an individual, domestic well provides water to the existing home and explained
a septic system permitted for four (4) bedrooms provides sewer. She indicated a portable toilet
will be used, which is acceptable with Environmental Health (EH) policy, and stated no washing
or fuel storage will occur on the site. She mentioned a noise level of commercial is specified and
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DS #14-23 address EH items. In response to Commissioner Cozad regarding an existing
residence and septic system, Mr. Ogle clarified, due to the change in the legal description, a new
septic system will be required for the office trailer and, if the existing well is used in the office, they
will need to obtain a commercial well permit.
• Dian Shockley, applicant, stated they have the small trucking business and provided the
number of employees. She mentioned future growth and indicated the business has little traffic
impact. Travis Shockley, applicant, stated the property is next to the DCP plant and explained the
site is not conducive to farming and is well suited for the proposed use.
• No public testimony was offered concerning this matter.
In response to Chair Moreno, Mr. and Mrs. Shockley indicated they had reviewed the
Conditions of Approval and Development Standards, as presented. However, Mrs. Shockley
requested clarification regarding the parking on the site and explained the parking will be at the
highest point on their property, which would cause the drainage to go toward the west and to the
lowest part of their property, the pasture. In response to Mrs. Shockley, Ms. Balzano clarified with
the addition of tracking control materials, it increases the imperviousness of the site and does not
meet any exceptions for drainage. She mentioned language that could be added to indicate if an
exception can be met, the Drainage Report would not be required. In response to
Commissioner Kirkmeyer, Ms. Balzano reiterated a Drainage Report is required, which does not
meet any exception. After further discussion regarding the parking, it was clarified if the applicants
reduce the parking area from one (1) acre to 4,500 square feet, it would meet the exception for
drainage.
• In response to Commissioner Kirkmeyer regarding the Recorded Exemption, Mr. Ogle
clarified the applicant originally started with an approximate 70-acre parcel of land, and the
applicant contacted staff to request breaking off ten (10) acres of the parcel for the business. In
response to Commissioner Kirkmeyer, Mr. Shockley stated they did the Recorded Exemption to
define the residential and commercial parts of the property. Mrs. Shockley further explained her
understanding of the requirements with the limited number of employees. Mr. and Mrs. Shockley
mentioned a well and septic system is currently not required but may be at a later date if the
number of employees is increased.
• Commissioner Cozad expressed concern regarding the requirements for the small family
business and asked if there was language that could be included to avoid triggers unless the
business were to grow. Commissioner Kirkmeyer requested deleting COA #1.B regarding the
Lighting Plan, COA #1.C regarding visual screening, COA #1.D regarding a Sign Plan and
recommended changing COA #1.E to state, "A Road Maintenance Agreement is required. Road
maintenance includes, but is not limited to, dust control, damage repair, and future triggers."
Commissioner Kirkmeyer suggested deleting COA #1.F.10 regarding signage, and in response
to Ms. Balzano's previous request, Commissioner Cozad suggested that a COA or DS needs to
include language regarding the drainage that allows opportunity for a waiver. Ms. Balzano
proposed a new DS #12, regarding the parking not exceeding 4,500 square feet of gravel.
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Mr. Ogle recommended deleting COA #1.F.7 and the Board agreed. Commissioner Kirkmeyer
requested the office hours be changed to 8:00 a.m. to 5 p.m. in DS #3, and the Board and the
applicant agreed. After discussion regarding the number of trucks on the site, the Board agreed
no additional language was required and explained the number of employees would cause the
triggers. Commissioner Kirkmeyer requested changing DS #10 and #11 to include a Road
Maintenance Agreement, rather than an Improvements Agreement, and the Board additionally
agreed to the previous change to DS #11 suggested by Ms. Balzano. Commissioner Kirkmeyer
recommended deleting DS #18, and the Board agreed to delete the Dark Sky Policy and add that
the lighting shall be compliant with the Weld County Code in DS #24. After further discussion
regarding DS #21, Mr. Ogle suggested deleting the standard and the Board agreed.
Commissioner Kirkmeyer requested deleting DS #25.
In response to Chair Moreno, Mr. and Mrs. Shockley indicated they had reviewed, and agree
to abide by, the Conditions of Approval and Development Standards, as amended.
el Mr. Ogle stated there needed to be a change to DS #26 to update the 2012 version to the
2018 International Codes, and the Board agreed.
Commissioner Cozad moved to approve the request of Dian and Travis Shockley,
c/o Shocker Trucking, Inc., for a Site Specific Development Plan and Use by Special Review
Permit, USR18-0059, for any Use permitted as a Use by Right, Accessory Use, or Use by Special
Review in the Commercial or Industrial Zone Districts (parking, staging and storage of commercial
vehicles and equipment and an office), 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 amended. The motion was seconded by Commissioner Kirkmeyer, and it carried
unanimously. There being no further discussion, the hearing was completed at 10:49 a.m.
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PL2599
HEARING CERTIFICATION - DIAN AND TRAVIS SHOCKLEY, C/O SHOCKER
TRUCKING, INC. (USR18-0059)
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This Certification was approved on the 2nd day of January, 2019.
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, COL RADO
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arbara Kirkmeyer, hair
Weld County Clerk to the Board
Mike Freeman, Pro-Tern
BY:
Deputy Clerk o the Board ; 1L/A XCUSED
an P. Conway
APPRC3 AS -FORM: 1%61( KOFFICE0 1/02/2019
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Steve Moreno
Date of signature: IIZ2I l9
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