HomeMy WebLinkAbout20181916.tiffHEARING CERTIFICATION
DOCKET NO. 2018-57
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR18-0005, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(DRYWALL BUSINESS INCLUDING THE STORAGE OF EQUIPMENT AND
COMMERCIAL VEHICLES) 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 - DONALD WILLS
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, Michael Hall
Public Works Department representative, Evan Pinkham
Public Works Engineer representative, Hayley Balzano
Health Department representative, Lauren Light
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 Donald
Wills, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0005, for
a Use permitted as a Use by Right, Accessory Use or Use by Special Review in the Commercial
or Industrial Zone Districts (drywall business including the storage of equipment and commercial
vehicles) 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.
Michael Hall, Department of Planning Services, presented a brief summary of the proposal
and stated all business -related items are located in the fenced area on -site which includes the
gravel parking area for employees and a 40X50 square foot shop used for the storage of
equipment, materials, commercial vehicles, employee meeting area and an employee restroom.
He stated there is a residence on -site belonging to the owner. He reviewed the hours of operation,
clarified that business activities take place off -site, stated there are eight (8) commercial vehicles
that are parked on -site, eight (8) employees who work off -site, no full-time employees on -site, no
shift work and the site is not open to public. Mr. Hall reported the application is the result of an
active Zoning Violation, ZCV17-00342, due to operating a commercial business without proper
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HEARING CERTIFICATION - DONALD WILLS (USR18-0005)
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permits. He stated staff has received no correspondence from surrounding property owners and
he reviewed the nearest residences. He stated staff sent out twelve (12) referrals and received
eight (8) responses that have been considered in the staff recommendation. Mr. Hall reported the
site to be located in the three (3) mile referral area of the Towns of Severance, Timnath and
Windsor and in the Cooperative Planning Agreement area for the Towns of Severance and
Windsor and there have been no concerns from the aforementioned municipalities. He described
the site location in relation to relevant County roads (CR), stated it is not in an overlay district, and
reviewed USRs in the area. Mr. Hall stated the site for the business is completely screened and
buffered and he displayed images of the site and surrounding views 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 accesses from CR 80 and he reviewed the
average daily traffic counts and truck percentages. He stated, per the traffic information, there are
approximately four (4) company vehicle daily round trips, seven (7) employee passenger vehicles
daily round trips, and one to two daily round trips for the foreman. He stated staff is not requesting
tracking control but is requesting an Improvements Agreement. Mr. Pinkham presented the
drainage and grading requirements stating a drainage value was submitted but the i-value needs
to be recalculated and the drainage narrative needs to be signed and stamped by an engineer,
and a Weld County Grading Permit will be required if disturbing more than an acre. In response
to Commissioner Conway, Mr. Pinkham stated staff is requesting an Improvements Agreement
based on the number of vehicle trips.
CI Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions stating water service is provided by the North Weld County Water District and sewage
is provided by a permitted residential septic system for the existing residence. She clarified there
is a restroom located in the shop that is permitted for personal use and is connected to the
residential septic system. She noted it will need an engineer review if the applicant chooses to
use the restroom for the business if it exceeds the hydraulic load, or it is acceptable to utilize
portable toilets for the business. She stated there are no floor drains or maintenance and the
applicant can wash the vehicles without soap or detergents. Ms. Light stated Development
Standards (DS) #14-24 address Environmental Health items and there are no outstanding issues
with this application. In response to Commissioner Cozad, Mr. Pinkham stated the site is not
gated and the applicant is required to apply for an Access Permit even though there is an existing
access for the residence.
Don Wills, applicant, and Kevin Ward, Attorney representing the applicant, introduced
themselves and Mr. Wills stated he owns and operates a drywall company and the employees
arrive and pick up their work vehicles and leave for the work sites. He stated all his work contracts
are located in northern Colorado, there are times employees may return to the site for additional
equipment, and he verified the business is not open to the public. Mr. Ward stated the purpose
behind the business not being open to the public is because it is also Mr. Wills' residence. In
response to Commissioner Conway, Mr. Wills stated he has very good relationships with his
neighbors and he has notified them of his intent and there has only been support.
No public testimony was offered concerning this matter.
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HEARING CERTIFICATION - DONALD WILLS (USR18-0005)
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In response to Chair Moreno, Mr. Wills stated he has no concerns regarding the Conditions
or Development Standards.
El Commissioner Kirkmeyer suggested the following amendments: deletion of Condition of
Approval (COA) #1.A regarding the requirement for an Improvements Agreement, amending
COA #1.C.10 to specify one access location and to remove the words, "...prior to construction. ",
deleting COA #1.C.11 as there is no gated access, amending DS #3 to extend the hours of
operation on Monday through Friday from 7:00 a.m. to 7:00 p.m., amending DS #4 to read, "The
number of employees accessing the site shall be ten (10), amending DS #5 to stipulate "existing
screening", deleting DS #11 to remain consistent with deleting COA #1.A, and lastly, deleting
DS #18 regarding maximum permissible noise levels. The Board agreed with all these
amendments.
LE In response to Chair Moreno, Mr. Wills indicated he has reviewed, and agrees to abide by,
the Conditions of Approval and Development Standards, as amended.
le Commissioner Kirkmeyer moved to approve the request of Donald Wills for a Site Specific
Development Plan and Use by Special Review Permit, USR18-0005, for a Use permitted as a
Use by Right, Accessory Use or Use by Special Review in the Commercial or Industrial Zone
Districts (drywall business including the storage of equipment and commercial vehicles) 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 11:46 a.m.
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HEARING CERTIFICATION - DONALD WILLS (USR18-0005)
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This Certification was approved on the 2nd day of July, 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: Ia:-i G xito;ok.
Weld County Clerk to the Board
APP: VED AS
County Aorney
Date of signature: O7 -a -7-/P
Ste/e Moreno, Chair
bara Kirkmeyer, -ro-Tem
Sean P. onway
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ATTENDANCE LIST
DATE: I,- 7 -/
NAME - PLEASE PRINT LEGIBLY
EMAIL
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COUNTY Of RESIDENCE
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