HomeMy WebLinkAbout20181242.tiffHEARING CERTIFICATION
DOCKET NO. 2018-34
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR17-0066, FOR ONE (1) SINGLE-FAMILY DWELLING UNIT PER LOT OTHER THAN
THOSE PERMITTED UNDER SECTION 23-3-20.A AND TWO (2) HOME BUSINESSES:
ONE BEING FOR THE STORAGE OF UP TO TWO (2) COMMERCIAL VEHICLES AND
INDOOR STORAGE OF SUPPLIES FOR A CARPET LAYING BUSINESS, AND A
SECOND HOME BUSINESS FOR A TAX PREPARATION BUSINESS TO BE
CONDUCTED ON -SITE IN THE A (AGRICULTURAL) ZONE DISTRICT - GENARO
NUNEZ AND JOSE AND MARIANA RAMIREZ
A public hearing was conducted on April 25, 2018, at 10:00 a.m., with the following present:
Commissioner Steve Moreno, Chair - EXCUSED
Commissioner Barbara Kirkmeyer, Pro -Tern - EXCUSED
Commissioner Sean P. Conway
Commissioner Julie A. Cozad
Commissioner Mike Freeman, Acting Chair Pro -Tern
Also present:
Acting Clerk to the Board, Tisa Juanicorena
Assistant County Attorney, Bob Choate
Planning Services Department representative, Ryder Reddick
Public Works Department representative, Evan Pinkham
Public Works Engineer representative, Hayley Balzano
Health Department representative, Ben Frissell
The following business was transacted:
I hereby certify that pursuant to a notice dated March 15, 2018, and duly published March 20,
2018, in the Greeley Tribune, a public hearing was conducted to consider the request of Genaro
Nunez and Jose and Mariana Ramirez, for a Site Specific Development Plan and Use by Special
Review Permit, USR17-0066, for One (1) Single -Family Dwelling Unit per lot other than those
permitted under Section 23-3-20.A and two (2) Home Businesses: one being for the storage of
up to two (2) commercial vehicles and indoor storage of supplies for a carpet laying business, and
a second home business for a tax preparation business to be conducted on site in the
A (Agricultural) Zone District. Bob Choate, Assistant County Attorney, made this a matter of
record.
Chair Freeman provided notice to the applicant and for the public regarding three (3)
Commissioners being present and two (2) Commissioners being excused, as it will take a
unanimous affirmative vote for the application to be approved. Mariana Ramirez stated she
understands and agrees with moving forward.
e Ryder Reddick, Department of Planning Services, presented a brief summary of the proposal
and stated the tax preparation business was permitted through a Home Business Class II Zoning
Permit, ZPHB15-0004, which allowed for the current property owner and up to two (2) external
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employees; however, the business has grown and exceeded the size limitations of that permit,
therefore, a USR is required to bring it into compliance. He described the second home business
as a carpeting and flooring business which is conducted by Mr. Ramirez and he is proposing one
commercial vehicle and no outdoor storage. Mr. Reddick described the structures on -site to
include the second residence which has an incorrect permit, BCR15-00611, for a residential
addition as it is a freestanding structure; therefore, the site has a Zoning Violation, ZCV17-00333,
due to the presence of two (2) commercial businesses and more than one dwelling unit without
the proper zoning permits. He stated there has been no objections from surrounding property
owners and the site is located within the Cooperative Planning Agreement area for the Town of
Kersey, and the three (3) mile referral area of the Cities of Greeley, Evans, and Garden City, none
of which had objections; however, the City of Greeley provided comments which have been
included in the staff recommendation. Mr. Reddick stated the site is located in the airport overlay
district and floodplain and he explained the applicant's effort to comply with those district
requirements to include certain permits and the removal of derelict vehicles and any items in the
floodplain. He listed the adjacent uses and USRs, and displayed images of the site and
surrounding views. He entered the favorable recommendation of the Planning Commission into
the record as written. In response to Commissioner Conway, confirmed the process of violation.
• Evan Pinkham, Department of Public Works representative, provided a brief overview of the
transportation plans and requirements, stating the site accesses off of East 16th Street which is
a local paved road. He explained the current Access Permit allows two (2) locations; however,
Public Works would issue a new Permit to specify these access locations be a minimum of 150
feet apart. Mr. Pinkham provided the average daily traffic counts and truck percentage and stated
the traffic information indicated up to ten (10) daily round trips associated with the business. He
clarified that staff is requiring an Improvements Agreement based on there being two (2)
businesses generating traffic. In response to Commissioner Conway, Mr. Pinkham stated he is
not positive of the exact traffic volumes and it is possible more activity will be generated than what
is depicted.
• Hayley Balzano, Public Works Engineer representative, presented the drainage and grading
requirements, stating the site meets drainage exception #1.A.3 for the second home and
exception #1.A.8 for the home business.
• Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer
provisions, stating both residences are serviced by a shared septic system and water service is
provided by the North Weld County Water District. He clarified that because the flooring business
has only one (1) employee which leaves the site each day and the tax business will have ten (10)
or fewer customers each day and up to only two (2) full-time employees on a seasonal basis, the
minimal business use may allow the use of portable toilets and bottled water; however, if the
septic system is utilized for the businesses, then the septic system must be evaluated to
determine if the current system can handle the increased load. Mr. Frissell stated Development
Standards (DS) #11-19 address Environmental Health items.
• Mariana Ramirez, applicant, stated they have done everything they have been told to do
and she confirmed they delivered the derelict vehicles to the junk yard on Monday.
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• No public testimony was offered concerning this matter.
• Commissioner Cozad asked for clarification regarding the hours of operation. After further
discussion, the Board agreed to delete DS #3 and #4. She requested to see the parking area on
the site map. The applicant stated the maximum number of vehicles that park there at one time
is four (4).
IR After further discussion, the Board agreed to delete Conditions of Approval (COA) #1.A
regarding derelict vehicles based on applicant testimony of compliance, #1.C regarding the City
of Greeley referral, and #1.D regarding the Improvements Agreement. Commissioner Cozad
explained the requirement to place existing lighting on the plat. The Board discussed the sign
waiver and chose to accept the existing signage. Commissioner Cozad explained the parking
requirement for one (1) Americans with Disabilities Act (ADA) accessible parking space and to
delineate the parking on the plat. Commissioner Cozad recommended deleting COA #1.E.12
regarding an entrance gate. The Board agreed and requested Mr. Choate adjust the language
regarding the sign waiver.
• Chair Pro-Tem Freeman reminded the Board of the prior deletions of DS #3 and DS #4
regarding the hours of operation. In response to Commissioner Conway, the applicant requested
the number of employees be increased to four (4). After further discussion, the Board agreed to
delete DS #6 concerning the number of tax preparation customers and DS #10 regarding an
Emergency Action and Safety Plan.
• Mr. Choate provided additional language for the Findings, Subsection G, to add a sentence
at the end to read, "The Board of County Commissioners finds a waiver of the sign code is
appropriate for one (1) freestanding sign and one (1) building sign as permitted by
Section 23-2-240.A.12." And for DS #8, Mr. Choate suggested verbiage be added to the end, "...,
except for the two (2) existing signs as approved by the Board under 23-2-240.A.12." He further
stated on COA #1.E.7, to remove the words after, "...on the map....to be consistent with the sign
waiver".
• In response to Chair Pro-Tem Freeman, Ms. Ramirez 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 Genaro Nunez and Jose and
Mariana Ramirez for a Site Specific Development Plan and Use by Special Review Permit,
USR17-0066, for One (1) Single -Family Dwelling Unit per lot other than those permitted under
Section 23-3-20.A and two (2) Home Businesses: one being for the storage of up to two (2)
commercial vehicles and indoor storage of supplies for a carpet laying business, and a second
home business for a tax preparation business to be conducted on site 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.
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The motion was seconded by Commissioner Conway, and it carried unanimously. There being
no further discussion, the hearing was completed at 4:52 p.m.
This Certification was approved on the 30th day of April, 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
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Weld County Clerk to the Board
BY:
Deputy Clerk to the Boar
APP AS
L r/
ounty Attorney
Date of signature: O5-3-/8
EXCUSED
Steve Moreno, Chair
EXCUSED
Barbara Kirkmeyer, Pro-Tem
Mike Freeman, Acting Chair Pro-Tem
2018-1242
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