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Home My WebLink About20181930.tiffHEARING CERTIFICATION DOCKET NO. 2018-61 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR18-0016, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (STORAGE YARD FOR COMMERCIAL PLAYGROUND AND PARK EQUIPMENT) 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 - KEN AND MARKAY COSPER A public hearing was conducted on June 27, 2018, at 10:00 a.m., with the following present: Commissioner Steve Moreno, Chair 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, Chris Gathman Public Works Department representative, Evan Pinkham Health Department representative, Ben Frissell The following business was transacted: =: I hereby certify that pursuant to a notice dated May 7, 2018, and duly published May 11, 2018, in the Greeley Tribune, a public hearing was conducted to consider the request of Ken and Markay Cosper, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0016, for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (storage yard for commercial playground and park equipment) 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. Chris Gathman, Department of Planning Services, presented a brief summary of the proposal, reviewed the number of employees and hours of operation, and stated bottled water and portable toilets will be used for employees. He stated there is an existing cargo container for tool storage, which will require a Building Permit. He reported this application to be the result of an active Zoning Violation, ZCV17-00363. Mr. Gathman described the site and surrounding land uses and stated the site is located in the Cooperative Planning Agreement Area and the three (3) mile referral area for the Towns of Severance and Windsor. He reviewed the referral responses from these jurisdictions. He stated eleven (11) referrals were sent out with nine (9) responses received and there was no correspondence received from surrounding property owners. Mr. Gathman reviewed the requirement for a Screening Plan, displayed images of the site and 2018-1930 PL2560 HEARING CERTIFICATION - KEN AND MARKAY COSPER (USR18-0016) PAGE 2 surrounding area, and entered the favorable recommendation of the Planning Commission into the record as written. In response to Commissioner Conway, Mr. Gathman stated the lots for the adjacent Planned Unit Development are platted, but construction has not begun. Evan Pinkham, Department of Public Works representative, provided a brief overview of the transportation plans and requirements stating access is from County Road (CR) 21 and an Access Permit was issued in 2016, AP#16-00247. He reviewed the average daily traffic counts to include truck percentages and stated based on the traffic narrative, there will be approximately three (3) passenger daily round trips and an estimated 40-50 annual delivery truck round trips; therefore, staff is waiving the requirement for tracking control and recommending the removal of Condition of Approval (COA) #1.C requiring an Improvements and Road Maintenance Agreement, based on the low amount of traffic. He reviewed the drainage and grading requirements and stated the requirement for a drainage pond has been waived and based on the drainage narrative, the site has met exceptions #10 and #13. Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer provisions stating the employees may access the site daily and portable toilets and bottled water are acceptable. He reported the existing rental property is serviced by the North Weld County Water District and a septic system for sewage. He clarified if the house is used for the business, the septic system must be reviewed for commercial use. Mr. Frissell stated there will be chemical or fuel storage on -site. He stated Development Standards (DS) #7-16 address Environmental Health items. u. Ken Cosper, applicant, stated he builds parks and installs playground and park -related equipment. He apologized for the violation and clarified he did not know he needed certain permits. He reviewed the proposed fencing to screen the equipment and provide security and explained the equipment is not stored for long durations because it is ordered for a job and then installed. He stated he currently plans to move the existing house off the property and build their personal residence. In response to Commissioner Conway, Mr. Cosper explained the fence design and stated it will encircle the perimeter. El No public testimony was offered concerning this matter. In response to Chair Moreno, Mr. Cosper stated he has no concerns with the Conditions or Development Standards. In response to Commissioner Conway regarding Development Standard (DS) #3, Mr. Cosper requested an increase to ten (10) employees. Mr. Frissell explained the septic requirements related to an increase in the number of employees. The Board agreed to delete Conditions of Approval (COA) #1.A regarding meeting the requirements of the Windsor Severance Fire Rescue, #1.6 regarding meeting the requirements of the Town of Severance, and #1.C requiring an Improvements and Road Maintenance Agreement, delete the first sentence of COA #1.E requiring a Screening Plan submittal, delete COA #1.F.10 regarding labeling an entrance gate on the plat, delete DS #4 regarding the hours 2018-1930 PL2560 HEARING CERTIFICATION - KEN AND MARKAY COSPER (USR18-0016) PAGE 3 of operation, amend DS #6, to read: "The screening and existing landscaping on the site shall be maintained.", delete DS #11 regarding noise levels, and lastly, to delete DS #21 and #22 to align with the deletion of COA #1.C. 6..= In response to Chair Moreno, Mr. Cosper indicated he has reviewed, and agrees to abide by, the Conditions of Approval and Development Standards, as amended. Kg Commissioner Cozad moved to approve the request of Ken and Markay Cosper for a Site Specific Development Plan and Use by Special Review Permit, USR18-0016, for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (storage yard for commercial playground and park equipment) 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 1:47 p.m. This Certification was approved on the 2nd day of July, 2018. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: WiJ • gi- Steyae Moreno, Chair , Weld County Clerk to the Board BY: Deputy Clerk to a Boa APPRO D AS T orney Date of signature: 074-7-/e arbara Kirkme .er, Prd-Tem Sean P. Conway Julie ' Cozad (,`3A nom — Mike Freeman 2018-1930 PL2560 ATTENDANCE LIST DATE: G.,- -/ NAME - LIMY =MY OF RESIDENCE SP NG t) 1 30 �o 27Y 6"1"7 q0/5 Wfid /eLS' SA, l2/ 4 A NSi 33,ti J q��e i • It ‘ al ji-fete. i/ti/?plc{ /V d E. htinfi@+�cihocJ,Gcn� /•�' k' Luck.L5 c.,1iQ L✓cic� P& 31 i rry 5�1I ,rmScask4pakn (aril 1600 Ct- yU L: Ci-P Lkieici 5 -Ke 1 1 /155 - T ,; /7.31_ (1 3i/ 4#C1/1/4' 17,; 75 Ck S a P4/4v// fie,/ni jdC / 0( yt \t(-5 l( S, r1n et. u rn_src e// i$7 fr ke. f in, s- wt,i-li- c4 pAk--01-,yy,41 , e,,,t, i 6,3) 1 ...) 4j,.5 ,X412G y Z e'Sc'o Y -A/ — /Za3'5' e, Se' G.._, E.--- 1-.- YL5 (jon-r) e . t %c1.—i -«.e_s tirnc0.-\l , cam 1 l©<3 i l C2,3W ptctl-fics.► FlS e Oda KO Hello