HomeMy WebLinkAbout20181054.tiffHEARING CERTIFICATION
DOCKET NO. 2018-18.D
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR17-0044, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(COMMERCIAL PARKING AND STORAGE OF TRUCKS, TRAILERS AND EQUIPMENT
FOR A GAS LINE INSTALLATION 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 — KYLE KEMPEMA
A public hearing was conducted on May 2, 2018, at 10:00 a.m., with the following present:
Commissioner Steve Moreno, Chair - EXCUSED
Commissioner Barbara Kirkmeyer, Pro-Tem
Commissioner Sean P. Conway
Commissioner Julie A. Cozad
Commissioner Mike Freeman
Also present:
Acting Clerk to the Board, Tisa Juanicorena
Assistant County Attorney, Bob Choate
Planning Services Department representative, Michael Hall
Public Works Department representative, Evan Pinkham
Public Works Engineer representative, Hayley Balzano
Health Department representative, Lauren Light
The following business was transacted:
El I hereby certify that pursuant to a notice dated January 31, 2018, and duly published
February 5, 2018, in the Greeley Tribune, a public hearing was held on March 7, 2018; however,
due to a lack of quorum at the preceding Planning Commission Hearing scheduled for February
20, 2018, this matter had to be re -noticed and rescheduled. I hereby certify that pursuant to a
revised notice dated February 26, 2018, and duly published March 1, 2018, in the Greeley
Tribune, a public hearing was conducted on April 18, 2018, to consider the request of Kyle
Kempema, for a Site Specific Development Plan and Use by Special Review Permit,
USR17-0044, for a Use permitted as a Use by Right, Accessory Use, or Use by Special Review
in the Commercial or Industrial Zone Districts (commercial parking and storage of trucks, trailers
and equipment for a gas line installation 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. Due to scheduling
conflicts, the matter was called up and again continued to Monday, April 23, 2018, at 9:00 a.m.,
at which time the Board deemed it appropriate to continue the matter to May 2, 2018, at 10:00
a.m., to allow for a full quorum of the Board. On May 2, 2018, Bob Choate, Assistant County
Attorney, made this a matter of record.
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HEARING CERTIFICATION - KYLE KEMPEMA (USR17-0044)
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Chair Pro-Tem 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 Moreno excused.
Michael Hall, Department of Planning Services, stated the applicant has leased the site to
K.R. Swerdferger Construction to operate a gas line installation business, which is replacing gas
lines in the City of Greeley and the application includes on -site parking and storage of commercial
trucks, trailers, and equipment. He reviewed the hours of operation and number of employees
which are only on -site periodically allowing the site to be served by a portable toilet and bottled
water. He stated staff is recommending screening. Mr. Hall reviewed the access point, the Zoning
Violation, ZCV17-00120, and clarified there has been no objection from the surrounding property
owners. He reported 17 referrals were sent with ten (10) responses received, and that the site is
located within the three (3) mile referral area of the Cities of Evans and Greeley and the Towns
of Garden City and Kersey. He reviewed the referral responses from the surrounding jurisdictions
and the floodplain requirements, stating there have been no reported concerns and the location
is considered mostly rural residential with numerous USRs in close proximity. Mr. Hall described
the adjacent parcels, clarified agricultural activity is minimal, reviewed surrounding zoning,
described structures and other items on the site, and stated the storage area is located to the
south and he listed the items stored in storage area. He displayed images of the site and
surrounding areas and entered the favorable recommendation of the Planning Commission into
the record as written.
Evan Pinkham, Department of Public Works representative, provided a brief overview of the
transportation plans and requirements, stating the site is accessed from East 18th Street
approved under Access Permit, AP17-00474. He stated that East 18th Street is a paved, collector
road and provided the average daily traffic count to include truck percentages. Mr. Pinkham
reported the traffic narrative to indicate up to 18 passenger and four (4) truck round trips per day
and stated staff is requiring tracking control and an Improvements Agreement.
Hayley Balzano, Public Works Engineer representative, presented the drainage and grading
requirements, stating the site meets exception #1.A.10 for non -urbanizing areas where the total
project stormwater runoff is less than 10 cubic feet per second; therefore, the applicant is
exempted from the requirement to submit a drainage report or detention pond design.
Ei Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions, stating the City of Greeley provides water service and the applicant has a permitted
septic system sized for three (3) bedrooms; however, due to the minimal number of employees
being on -site, the business can use a portable toilet. She stated Development Standards
(DS) #12-20 address Environmental Health items.
Kyle Kempema, applicant, stated this started out as a friend wanting to store items on his
property and he found out that was illegal through the violation process and now he is trying to
get everything into compliance.
-MI No public testimony was offered concerning this matter.
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HEARING CERTIFICATION - KYLE KEMPEMA (USR17-0044)
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Commissioner Cozad requested the parking area be pointed out on the site plan map. The
applicant acquiesced and explained employee parking and also reviewed proposed screening.
Commissioner Cozad provided direction for screening and landscaping. She requested
clarification regarding signage and lighting.
la In response to Commissioner Conway, Mr. Hall explained there were no concerns regarding
screening and these provisions are based on the violation. In response to Chair Pro -Tern
Kirkmeyer, Mr. Hall pointed out the nearest residence in proximity to the storage. After further
discussion, the Board agreed to amend Condition of Approval (COA) #1.6.6 to read, "The
applicant shall show and label the existing landscaping and screening of the storage area from
the existing adjacent home." Chair Pro -Tern Kirkmeyer suggested deleting COA #1.A. The Board
agreed.
In response to Commissioner Conway, Mr. Kempema stated the number of employees is
adequate as requested.
Chair Pro -Tern Kirkmeyer requested a typographical error be corrected on COA #1.B.16,
and that COA #6.A be deleted. She also suggested amending the hours of operation to reflect
daylight hours from March 1st to October 31st, and remain as requested for the other months of
the year. The Board agreed to these changes.
In response to Chair Pro -Tern Kirkmeyer, Mr. Kempema requested clarification regarding
tracking control. Mr. Pinkham explained tracking control can consist of either 100 feet of road
base or 300 feet of asphalt.
In response to Chair Pro -Tern Kirkmeyer, Mr. Kempema indicated he has reviewed, and
agrees to abide by, the Conditions of Approval and Development Standards, as amended.
Commissioner Cozad moved to approve the request of Kyle Kempema, for a Site Specific
Development Plan and Use by Special Review Permit, USR17-0044, for a Use permitted as a
Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone
Districts (commercial parking and storage of trucks, trailers and equipment for a gas line
installation 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
and entered into the record. The motion was seconded by Commissioner Conway, and it carried
unanimously. There being no further discussion, the hearing was completed at 11:11 a.m.
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This Certification was approved on the 7th day of May, 2018.
BOARD OF COUNTY COMMISSIONERS
C.1 WELD COUNTY, COLORADO
ATTEST: ddreAvti G. �C,Gto:e,�, EXCUS
Weld County Clerk to the Board
Date of signature: O67-114
Steve
ren
Barbara Kirkme ef, Pro -Tern
Julie A. � ad
EX USED DATE OF APPROVAL
Mike Freeman
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