HomeMy WebLinkAbout20183046.tiffHEARING CERTIFICATION
DOCKET NO. 2018-107
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR18-0058, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (LANDSCAPE CONSTRUCTION AND MAINTENANCE 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 - GEORGE AND LAUREN SAGNER, JR., JR'S LANDSCAPING, LLC
C/O PATRICIA SAGNER
A public hearing was conducted on October 3, 2018, at 10:00 a.m., with the following present:
Commissioner Steve Moreno, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem - EXCUSED
Commissioner Sean P. Conway
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, Evan Pinkham
Health Department representative, Ben Frissell
The following business was transacted:
I hereby certify that pursuant to a notice dated August 30, 2018, and duly published
September 4, 2018, in the Greeley Tribune, a public hearing was conducted to consider the
request of George and Lauren Sagner, JR's Landscaping, LLC, c/o Patricia Sagner, for a Site
Specific Development Plan and Use by Special Review Permit, USR18-0058, for any Use
permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (landscape construction and maintenance 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. 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 Commissioners being present and Commissioner Kirkmeyer
excused.
la Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and
stated the proposed site is approximately four (4) acres and is located east of and adjacent to
County Road (CR) 23, and north of CR 22.5. He mentioned the site is located within the
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2018-3046
PL2593
HEARING CERTIFICATION - GEORGE AND LAUREN SAGNER, JR., JR'S LANDSCAPING,
LLC, C/O PATRICIA SAGNER (USR18-0058)
PAGE 2
Intergovernmental Agreement Area (IGA) for the municipalities of Platteville, Firestone and Fort
Lupton, and within the three (3) mile referral area of the Town of Firestone and the City of Fort
Lupton. Mr. Ogle stated the Town of Firestone returned a referral response indicating no
concerns. He stated the applicant has communicated with the City of Fort Lupton and has
submitted a letter stating they are not interested in annexation at this time. Mr. Ogle described
adjacent land uses and stated there are approximately ten (10) residences within a thousand feet
of the site with the closest being 160 feet to the south. He indicated there are 25 employees that
will access the site in the mornings and exchange their personal vehicle for a company owned
car or truck. He stated the hours of operation are 7:00 a.m. to 7:00 p.m., Monday through
Saturday, during the months of April through September, and 24 hours a day, seven (7) days a
week during the months of October through March to allow for snow removal activities. Mr. Ogle
mentioned the applicant is currently in an active Zoning Violation, ZCV18-00053; however, he
clarified if the application is approved, the violation will be corrected. Mr. Ogle stated 12 referral
agencies have reviewed the case, four (4) offered comments that were considered in the staff
recommendation. He indicated there is a letter of support from a surrounding property owner
(SPO) who does not wish to have screening between his property and the proposed site. Mr. Ogle
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 Conway, the
applicant pointed out the location of the supporting SPO's property.
Evan Pinkham, Public Works Engineer representative, provided a brief overview of the
transportation plans and requirements, and stated the access is from CR 23. He indicated the
existing access location does not meet the spacing requirements. Mr. Pinkham mentioned there
is an oil and gas access on the same side of the road, approximately 200 feet north of the existing
access. He presented the traffic count to include truck percentages and stated the traffic narrative
indicated there will be approximately nine (9) truck round trips per day, and 13 employee vehicle
round trips per day. He indicated the Department of Public Works is requiring tracking control and
an Improvements and Road Maintenance Agreement. Mr. Pinkham presented the drainage and
grading requirements and stated the site meets an exception for drainage, and a Weld County
Grading Permit will not be required. In response to Commissioner Conway, Mr. Pinkham
reiterated the location of the oil and gas access and reviewed the spacing requirements. In
response to Commissioner Freeman, Mr. Pinkham stated the Access Permit will still be issued
for the existing access with the Board's approval. In response to Commissioner Cozad,
Mr. Pinkham stated the existing access with the cattle guard meets the requirements for tracking
control.
Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer
provisions and a stated there is an existing domestic well and septic system on the site which is
permitted for three (3) bedrooms. He indicated the well cannot be used for the business unless it
is repermitted for commercial use. He mentioned a portable toilet may be utilized for the business.
Mr. Frissell stated there will be no washing or maintenance of vehicles or equipment, and there
will be no floor drains in the shop. He indicated there are approximately 50 gallons of fuel stored
onsite and Development Standards (DS) 16-24 address Environmental Health items.
2018-3046
PL2593
HEARING CERTIFICATION - GEORGE AND LAUREN SAGNER, JR., JR'S LANDSCAPING,
LLC, 0/O PATRICIA SAGNER (USR18-0058)
PAGE 3
• Pat Sagner, applicant, stated the employees arrive to get their assignments in the morning,
take a work truck, and return in the evenings. She reiterated the current number of 25 employees.
In response to Commissioner Conway, Ms. Sagner stated depending on the season, there are
circumstances where employees return to the site later than 7:00 p.m.; however, the employees
cannot work without daylight.
• No public testimony was offered concerning this matter.
El In response to Chair Moreno, Ms. Sagner indicated she has reviewed, and agrees to abide
by, the Conditions of Approval and Development Standards, as proposed. Ms. Sagner asked the
Board to consider changes to the screening requirement with the support from the nearest
surrounding property owner. In response to Chair Moreno, Ms. Sagner explained there is no
lighting on the site that would impact surrounding property owners.
El Commissioner Cozad requested clarification for Condition of Approval (COA) #1.A.
pertaining to the Improvements and Road Maintenance Agreement. Mr. Pinkham stated there is
no collateral involved with this type of agreement; however, if there is a significant increase of
associated traffic, the applicant will need to be involved in an Improvements Agreement. After
further discussion, Commissioner Cozad suggested removing the required Improvements
Agreement, along with the last sentence of COA #1.A, and the Board agreed.
• Commissioner Cozad recommended deleting "Dark Sky Standards" from the lighting
requirements in COA #1.6.6. In response to Commissioner Cozad, Commissioner Freeman
suggested adding "existing" and removing "approved" from COA #1.B.8 regarding the access
location. In response to Commissioner Cozad, Ms. Sagner explained the visual mitigation with
the location of the garage blocking the view of the business site. Commissioner Cozad stated any
outside storage needs to be mitigated from the site of surrounding property owners. Mr. Ogle
indicated the majority of the site can only be seen from CR 22.5, and if the garage is built, the
other view of the site will be from the property of Robert Lousberg, who submitted a letter of
support (Exhibit D), and Ms. Sagner's house to the south. The Board agreed to remove COA
#1.6.13 regarding visual mitigation; however, Commissioner Cozad informed the applicant they
will need to maintain visual mitigation to prevent future complaints.
• Commissioner Cozad suggested removing COA #2.A regarding tracking control, and the
Board agreed.
• In response to Commissioner Conway regarding the hours of operation, Commissioner
Freeman suggested changing the set time to "daylight hours" during the months of April through
September in Development Standard (DS) #3. Commissioner Cozad recommended deleting
DS #6, regarding visual mitigation. The Board and the applicant agreed to these changes. The
Board agreed to remove "Dark Sky Standards" from DS #26. Commissioner Freeman suggested
deleting DS #13 regarding the Improvements Agreement, and the Board concurred
2018-3046
PL2593
HEARING CERTIFICATION - GEORGE AND LAUREN SAGNER, JR., JR'S LANDSCAPING,
LLC, O/O PATRICIA SAGNER (USR18-0058)
PAGE 4
In response to Chair Moreno, Ms. Sagner indicated she has reviewed, and agrees to abide
by, the Conditions of Approval and Development Standards, as amended.
Commissioner Cozad moved to approve the request of George and Lauren Sagner, Jr.,
JR's Landscaping, LLC, c/o Patricia Sagner, for a Site Specific Development Plan and Use by
Special Review Permit, USR18-0058, for any Use permitted as a Use by Right, Accessory Use,
or Use by Special Review in the Commercial or Industrial Zone Districts (landscape construction
and maintenance 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
11:07 a.m.
This Certification was approved on the 8th day of October, 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: devi / , 4 %�
Weld County Clerk �to/the Board
BY
Deputy Clerk to the Board
APP . ED A
ounty A torney
Date of signature: 1O/D3118"
r' L L
Steve Moreno, Chair
EXCUSED
Barbara Kirkmeyerro-Tem
can . Conway
ti
to A. Cozad
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Mike Freeman
2018-3046
PL2593
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