HomeMy WebLinkAbout20183130.tiffHEARING CERTIFICATION
DOCKET NO. 2018-103
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR18-0034, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(COMMERCIAL VEHICLE AND EQUIPMENT STORAGE ASSOCIATED WITH A
CONCRETE CONSTRUCTION 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 - LUIS MARTINEZ
A public hearing was conducted on October 10, 2018, at 10:00 a.m., with the following present:
Commissioner Steve Moreno, Chair
Commissioner Barbara Kirkmeyer, Pro -Tern
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, Chris Gathman
Public Works Engineer representative, Hayley Balzano
Health Department representative, Ben Frissell
The following business was transacted:
Vi I hereby certify that pursuant to a notice dated August 13, 2018, and duly published
August 16, 2018, in the Greeley Tribune, a public hearing was conducted to consider the request
of Luis Martinez, for a Site Specific Development Plan and Use by Special Review Permit,
USR18-0034, for any Use permitted as a Use by Right, Accessory Use or Use by Special Review
in the Commercial or Industrial Zone Districts (commercial vehicle and equipment storage
associated with a concrete construction 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.
IR Chris Gathman, Department of Planning Services, presented a brief summary of the proposal
and the type of trucks and trailers parked onsite, and stated there will be no washing or
maintenance of the trucks. He explained the proposed and existing screening and stated there
will be no onsite employees; however, three (3) employees will visit the site in the morning and
return in the evening. He provided the hours of operation, stated approximately two (2) times a
month, six (6) people will come to site to load concrete, and indicated bottled water and portable
toilets will be provided for employees accessing the site. Mr. Gathman mentioned the application
was submitted in response to a zoning violation, ZCV18-00004, and there was a neighborhood
meeting held in March, and more than four (4) surrounding property owners attended. He
indicated the site is located in a rural area; however, it is adjacent to existing residences.
ccPLCGG(TP), Pw(HB), F,HCBF), CC .CFH)
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Mr. Gathman stated four (4) letters of opposition were received, and he reviewed the concerns
included in these letters. He stated the site is within the three (3) mile referral area of the Towns
of Berthoud, Firestone and Johnstown, and correspondence was received with no concerns. He
mentioned the site is located on approximately 11.61 acres and is designated as "irrigated,
non -prime," and "irrigated, prime" by the Soil Conservation Important Farmlands of Weld County
Map. He indicated a total of 13 referrals were sent out, and nine (9) responded without concern
or with comments which were considered 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. Gathman
clarified there is a fence along the north and east sides of the proposed site. Responding to
Commissioner Cozad, Mr. Gathman clarified the Town of Mead did not return a referral regarding
the application.
El Hayley Balzano, Public Works Engineer representative, provided a brief overview of the
transportation plans and stated the site accesses onto County Road (CR) 36. She indicated the
width and the turning radii of the access needs to be verified by the applicant, and she provided
the traffic counts to include truck percentages and reviewed the vehicle round trips. Ms. Balzano
stated the site meets a drainage exception, and indicated Public Works has received a Drainage
Narrative. She requested a correction to Condition of Approval (COA) #1.A.11 regarding the
existing access. She also recommended deleting Development Standard (DS) #25 stating it does
not apply to this site. She presented the drainage and grading requirements and in response to
Commissioner Cozad, Ms. Balzano clarified the traffic counts.
Ei Ben Frissell, Department of Public Health and Environment, indicated the Little Thompson
Water District provides water to the site and the septic system is permitted for three (3) bedrooms.
He stated there will be no washing or maintenance of vehicles on the site, and DS #10-19 address
Environmental Health Items.
El Sheri Lockman, Lockman Land Consulting, LLC, represented the applicant and stated the
storage and parking area will be limited to behind the garage. She described the proposed visual
mitigation, and stated Mr. Martinez is the owner, while Mr. Marquez is the operator. She indicated
traffic will peak in the summer months and minimize in the winter months. She clarified Mead
submitted a Notice of Inquiry found in the application. Ms. Lockman indicated the photos taken
and displayed by Mr. Gathman were not accurate due to future screening and she provided
additional images and pointed out the applicant's home and explained the proposed site layout.
She mentioned the road quality and explained proposed dust mitigation. Ms. Lockman
encouraged surrounding property owners to speak with Mr. Martinez and Mr. Marquez regarding
employee behavior.
In response to Chair Moreno and Commissioner Cozad, Ms. Lockman indicated there is not
an entrance gate to the property, and indicated the trailer is for personal and not business
purposes. Mr. Gathman clarified the number of letters and emails received from surrounding
property owners. He also confirmed a Notice of Inquiry was received, in March.
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Becki Zipp, surrounding property owner (SPO), showed her home on the displayed map and
indicated the proposed application is not compatible with the surrounding uses. She stated most
of Weld County is zoned Agricultural, explained her knowledge of the USR process and
mentioned the applicant's violation. She indicated, in March, she was under the impression the
business would be moving from Mr. Martinez' property. She discussed the USR remaining with
the property and mentioned future concerns. Ms. Zipp reviewed the hours of operation and stated
the business operates outside of these hours. She stated this proposed use would take away
from the agricultural neighborhood and requested the Commissioners deny the request. In
response to Commissioner Conway, Ms. Zipp indicated she has been aware of the storage onsite
since spring of 2018. In response to Commissioner Cozad, Ms. Zipp explained her biggest
concern about compatibility is this USR being a gateway to other similar uses within the
neighborhood. She described other surrounding properties where the proposed site could
relocate to a Commercial Zone. In response to Commissioner Cozad, Ms. Zip explained her
knowledge of surrounding land uses to include farming and animals.
El In response to Commissioner Kirkmeyer, Mr. Gathman indicated the parcel is 11.6 acres.
Tom Neiley, SPO, stated he is the immediate neighbor to the east and requested the
Commissioners not approve the USR. He claimed the visual mitigation is not adequate, and the
application will negatively impact property values. He stated he often hears the trucks accessing
the property prior to their operating hours and indicated he does not see any screening along the
access road. He expressed frustration with noise he thought to be associated with cleaning
vehicles on the property, as well as the number of trucks accessing the site. He reviewed the
number of trucks and employees, expressed concern that it will continue to increase, and stated
there is an existing dust issue, mainly in the summer. In response to Commissioner Conway,
Mr. Neiley pointed to his property on the map and claimed he would be the most impacted by the
proposed application. In response to Commissioner Conway regarding screening, Mr. Neiley
stated trees may be the only successful way to mitigate the site. In response to Chair Moreno,
Mr. Neiley indicated he has lived at his property for 25 years.
el Cathy Sprague, SPO, pointed out her property and stated she owned her property before
the applicant bought the subject parcel. She indicated she shares the concerns of her fellow
neighbors, and mentioned her biggest concerns are safety, impact to property values and road
conditions. She stated the road is narrow, with steep drop-offs, and a blind hill. Ms. Sprague stated
the road is not well maintained and discussed the dust issue. She explained the applicant does
not adhere to the proposed application conditions, and fears it will continue, if approved.
ID Joe Zipp, SPO, explained he and other SPOs educated themselves about the zoning and
USR process and he read the Mission Statement of the Weld County Code. He emphasized the
application is not compatible with the quality of life and could potentially impact property values.
He discussed the failed visual mitigation, discussed the USR process, and provided a letter to the
Commissioners compiled by the SPOs that were unable to attend. He indicated the location of
surrounding residences on the vicinity map. Mr. Zipp read the letter in opposition of the application
(Exhibit D), and indicated there are 15 out of the 16 surrounding property owners that signed the
letter.
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la Ms. Lockman stated there is an overstatement of the impact to SPOs and she submitted a
picture of the fence from Planning Commission. She described the fence use for visual mitigation
and addressed the equipment and trucks being seen over the fence by SPOs. She mentioned it
is hard to combat the arguments of the neighbors who are afraid of what could happen.
Ms. Lockman indicated the applicant has made attempts to adhere to the Weld County Code,
stated there are not enough commercial locations in the area, and argued small agricultural
parcels are not good for most traditional farming operations. She indicated the employees have
been asked to drive slower to help with the dust. She further stated the surrounding property
owners did not understand the rights of the applicant, and mentioned the applicant is open for
suggestions. In response to Chair Moreno regarding the number of daily trips, Ms. Lockman
estimated there are approximately 12 round trips per day during peak times.
• In response to Commissioner Conway regarding a different location, Ms. Lockman stated
the applicant does not want to move the storage, but understands with the violation and a denied
application, they will have to move within 30 days.
• In response to Commissioner Kirkmeyer regarding the violation, Ms. Lockman indicated she
was unsure of how the violation began. Commissioner Kirkmeyer requested the applicant answer,
and Ms. Lockman stated there is a little bit of a language barrier. Luis Martinez, applicant,
indicated when he bought the property he was told he could store the vehicles and equipment on
the site, and it was not in violation. He stated the violation began in June of 2017.
• In response to Commissioner Cozad, Mr. Martinez stated he lives on the property, but
Mr. Marquez is the business owner, leases the property, but does not live on the property. In
response to Commissioner Kirkmeyer, Ms. Lockman confirmed there is no cleaning of vehicles
on the property, and the only noise would come from the trailers hooking to the trucks. In response
to Commissioner Cozad regarding vendors, Mr. Martinez stated there are no customers or
vendors that come to the site, other than the men that bring concrete ties.
la Chair Moreno recessed the hearing at 11:29 a.m. for a five (5) minute break.
el Chair Moreno reconvened the hearing at 11:34 a.m.
Chair Moreno clarified there is someone in the audience willing to interpret any further
questions for the applicants, if needed.
• Mr. Gathman stated Mr. Neiley determined he had a recording of the noise he had previously
explained as cleaning noise. In response to Mr. Gathman, Commissioner Cozad explained it is
hard to validate an audio recording. In response to Commissioner Cozad, Mr. Gathman clarified
the recording is a video with audio, but is not time stamped. Commissioner Freeman agreed with
the comments made by Commissioner Cozad regarding the audio validation. Chair Moreno stated
the Board would not listen to the audio because it cannot be verified.
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• Commissioner Cozad requested Ms. Lockman provide an explanation of how this application
is compatible with surrounding uses other than the proposed fence. Ms. Lockman reiterated the
visual mitigation by the fence, and explained the applicant is unaware of the noise issue and,
therefore, does not know how to mitigate the noise. In response to Commissioner Cozad
regarding the noise complaint from SPOs, Ms. Lockman stated the employees have been talked
to about being good neighbors, and there should be no additional noise other than the trucks and
loading. Ms. Lockman discussed the hours of operation and the possibility of extending the hours.
Commissioner Cozad requested how the existing application is compatible. Ms. Lockman echoed
the visual mitigation is attempted with the fence, the noise is adequate, and stated this application
will create little additional traffic. Ms. Lockman attempted to address the dust issue, and indicated
the road is being used for ATVs and horses and, therefore, that creates a safety issue when the
trucks are trying to use the road. She concluded by stating the application is compatible.
• In response to Chair Moreno, Ms. Lockman indicated they have reviewed the Conditions of
Approval and Development Standards, as presented.
• Commissioner Conway stated the application needs work and asked for the opinions of his
fellow Commissioners.
El Commissioner Kirkmeyer indicated, even with modifications, she is not in support of the
application. She stated the Conditions of Approval and Development Standards are to ensure
adequate provisions for the protection of the health, safety and welfare of citizens. Commissioner
Kirkmeyer communicated she does not believe outdoor storage meets the intent of the
A (Agricultural) Zone District. She referenced Chapter 22 of the Weld County Code, and explained
the Agricultural Zone should support the uses that are of high quality and rural character, which
outdoor storage does not. Commissioner Kirkmeyer explained the application is not compatible
with Section 22-2-20.D (A.Goal 4), or Section 22-2-20.6.2 (A.Policy 2.2). She indicated
Commercial Uses (A.Goal 2) are allowed when they are directly related to, or dependent upon,
agriculture. She reiterated the application is not consistent with the Agricultural Zone, and stated
it is not like rural residential Use by Right. She stated the application does not promote agriculture
or agricultural activities and agreed with the surrounding property owners that it will change the
look and feel in the existing neighborhood. She indicated it is not compatible or consistent with
existing or future development, and echoed she will not be supporting the application.
IR Commissioner Cozad stated USRs can work in the A (Agriculture) Zone; however, it is a
case -by -case basis. She explained her belief in private property rights, and stated there is a
collection of factors that make this application incompatible. She discussed her concerns to
include the visual impacts and the access road. She stated Mr. Marquez and Mr. Martinez have
not followed the rules, even since Planning Commission. Commissioner Cozad addressed the
noise standard in comparison to the residential neighborhood. She stated the applicant has not
shown they are compatible. Commissioner Cozad indicated a continuance would not be
appropriate, nor would it change that the use is not compatible in this neighborhood.
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Chair Moreno appreciated the comments made by the other Commissioners and reiterated
it is the responsibility of the applicant to prove the compatibility of the application. He stated he
has not heard the compatibility of the USR and mentioned his concerns for the application. Chair
Moreno indicated he is not in support of the application.
el Commissioner Freeman stated he agreed and disagreed with the comments made by
Commissioner Kirkmeyer. He indicated this is an 11 -acre site, and agriculture is not preserved
with a parcel of this size. He mentioned he struggled with this Use by Special Review because it
is more than a Use by Right and does not support agriculture. Commissioner Freeman agreed
there are multiple reasons why this application is not compatible, and stated he feels the
surrounding area is not agricultural but, instead, rural residential. He indicated the impact is
minimal regarding the number of trucks; however, there are enough other concerns to not support
this USR.
Commissioner Conway agreed with his fellow Commissioners and reiterated the applicant
has not proven compatibility. He agreed with Commissioner Cozad that these USRs are a
case -by -case process. He discussed the noise standard, empathized with the applicant, and
stated there is a shortage of zoned property where this would fit. Commissioner Conway reminded
the Board of the 94% of opposing SPOs, and agreed it could be continued, but it would remain
incompatible.
El Commissioner Kirkmeyer moved to deny the request of Luis Martinez for a Site Specific
Development Plan and Use by Special Review Permit, USR18-0034, for any Use permitted as a
Use by Right, Accessory Use or Use by Special Review in the Commercial or Industrial Zone
Districts (commercial vehicle and equipment storage associated with a concrete construction
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. Commissioner Kirkmeyer stated the findings that the applicant has
not met: Section 23-2-230.6.1, Section 22-2-20.D (A.Goal 4), Section 22-2-20.6.2 (A.Policy 2.2),
and Section 22-2-20.G.2 (A.Policy 7.2). She indicated the proposal does not meet Section
23-2-230.6.2, stating the application is not consistent with the intent of the A (Agricultural) Zone
District and does not promote agriculture. Commissioner Kirkmeyer found in Section
23-2-230.6.3, that the proposed use to be permitted is not compatible with existing surrounding
land uses, which are generally permitted as agricultural production in nature, and rural residential
and the proposed use would change the neighborhood. She found that in Section 23-2-230.6.4,
the use will not be compatible with future development which will remain viable in the agriculture
production and rural residential of high quality character.
The motion was seconded by Commissioner Cozad, who added to the findings of
Section 23-2-230.6.3 to update the number of surrounding residences to 16, 15 of which were
opposed. She added there were more than four (4) letters of opposition and requested it too be
changed to state seven (7) letters of opposition have been received. She indicated the concerns
that are listed in Section 23-2-230.B.3 were mentioned as concerns previously. She reiterated the
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incompatibility has mostly to do with the visual impacts, the increase of traffic, potential dust, and
noise. The motion carried unanimously.
Commissioner Conway thanked the neighbors for their presence and input. He reiterated his
empathy to the applicant and indicated the Board will work toward the proper zoning for this type
of need. Commissioner Cozad thanked everyone for their presence, and reminded the group they
will remain neighbors. She appreciated the applicant's attempt and explained there are Use by
Right and Accessory Uses that can be done on this property. She mentioned there have been
similar USRs approved; however, the previous applicants worked with the SPOs for a plan that
worked for everyone. There being no further discussion the hearing was completed at 12:03 p.m.
This Certification was approved on the 15th day of October, 2018.
BOARD OF COUNTY COMMISSIONERS
WELD CO NTY, COLORADO
ATTEST: dlitiftvo G' ..k"%to;eA
Weld County Clerk to the Board
e • uty Clerk to the Bo
AP' ' �� ED AS FORM:
County A ttorney
Ste Moreno, Chair
Date of signature: II -1%
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