HomeMy WebLinkAbout20183344.tiff HEARING CERTIFICATION
DOCKET NO. 2018-106
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR18-0060, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (AN OFFICE FOR A CONSTRUCTION COMPANY), 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 -
CORIE AND PAIGE BAESSLER, C/O CB SIGNATURE HOMES
A public hearing was conducted on October 24, 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, Selena Baltierra
Assistant County Attorney, Frank Haug
Planning Services Department representative, Chris Gathman
Public Works Engineer representative, Evan Pinkham
Health Department representative, Lauren Light
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 Corie and Paige Baessler, do CB Signature Homes, for a Site Specific Development
Plan and Use by Special Review Permit, USR18-0060, for any Use permitted as a Use by Right,
Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (an office
for a construction company), 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.
El Chris Gathman, Department of Planning Services, presented a brief summary of the proposal
and stated there will be up to three (3) employees accessing the site. He indicated there will be
occasional meetings with an additional four (4) to six (6) people. He presented the hours of
operation, mentioned the applicant is not living in the residence and, therefore, it does not meet
the definition of a Home Business. Mr. Gathman described the surrounding land uses and stated
there has been no correspondence received from surrounding property owners (SPOs) in regards
to this case. He indicated the site is within the three (3) mile referral area and Cooperative
Planning Agreement boundary for the Town of Eaton, which indicated no concerns with the
application. Mr. Gathman stated 11 referrals were sent out and eight (8) agencies responded with
no concerns or with comments that have been addressed. He mentioned staff is requesting a
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modification to Development Standard (DS) #21 regarding the standard lighting language, to
delete: "...and incorporate Dark Sky Standards."Mr. Gathman presented images of the site and
surrounding views and entered the favorable recommendation of the Planning Commission into
the record as written.
• Evan Pinkham, Public Works Engineer representative, provided a brief overview of the
transportation plans and stated the site access onto County Road (CR) 37. He indicated an
access permit, AP17-00243, has been approved for a residential and commercial access. He
provided the traffic counts to include truck percentages, and stated no Improvements Agreement
or Road Maintenance Agreement is required. Mr. Pinkham stated the site meets an exception to
detention under the urbanizing area where the project's stormwater runoff is less than or equal to
five (5) cubic feet per second. He presented the drainage and grading requirements and, in
response to Commissioner Cozad regarding the existing access permits, stated Public Works
would need to redocument the business access location. He mentioned the business access does
not meet spacing requirements, but it has an existing access for residential use and because of
limited traffic, Public Works is okay with modifying that permit.
la Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions and stated the site is serviced by the North Weld County Water District. She indicated
there is a septic system permitted for one (1) bedroom and there is a DS which requires an
engineer review of the system if the site exceeds the flow for one (1) bedroom. She mentioned
DS #13 has duplicate sentences regarding permanent water and Development Standards (DS)
#6-14 address Environmental Health items. In response to Commissioner Cozad, Ms. Light
suggested deleting the last two (2) sentences from DS #13.
• Corie Baessler, applicant, stated he is a general contractor who builds single family homes,
and indicated the proposed site would be an office. He mentioned the low impact to traffic and
stated there would be one (1) employee other than he and his wife working at the site.
• No public testimony was offered concerning this matter.
tD In response to Commissioner Conway regarding the number of employees, Mr. Baessler
said he would like to increase the number of employees to seven (7) to address the potential for
future growth. Commissioner Kirkmeyer suggested deleting DS #4 regarding the number of
employees entirely. In response to Commissioner Kirkmeyer, Mr. Baessler indicated the
proposed site is not lived in and is solely for the business.
• In response to Chair Moreno, Mr. Baessler indicated he had reviewed the Conditions of
Approval and Development Standards, as presented and asked why the Residential noise
standard applies.
▪ In response to Commissioner Freeman regarding the hours of operation, Mr. Baessler
indicated he does not work on Sunday and will have an occasional meeting on Saturdays.
Commissioner Freeman recommended deleting DS #3 regarding the hours of operation.
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Commissioner Cozad suggested modifying COA #1.B.6 by adding language to reference
the existing access and to update the access from residential to business. Mr. Pinkham
recommended addressing the turning radius, and suggested deleting it from COA #1.B.6. After
further discussion, the Board agreed to the removal and addition of language to COA #1.6.6. In
response to Commissioner Cozad, the applicant indicated they would possibly add an entrance
gate.
Commissioner Freeman suggested deleting DS #3. After further discussion regarding the
number of employees, the Board agreed to change the number of employees to seven (7). In
response to Commissioner Cozad regarding the noise in DS #10, Commissioner Kirkmeyer
recommended deleting the standard. Commissioner Cozad reiterated the modifications to DS#13
regarding the repetitive sentences, and the deletion of Dark Sky standards from DS #21.
Commissioner Kirkmeyer suggested deleting DS #17, 18, and 20 given the size of the operation.
She further suggested deleting DS #26 and 27 stating they are not relevant to the Use, and the
Board agreed.
El In response to Chair Moreno, Mr. Baessler indicated he had reviewed, and agrees to abide
by, the Conditions of Approval and Development Standards, as amended.
El Commissioner Conway moved to approve the request of Corie and Paige Baessler, do CB
Signature Homes, for a Site Specific Development Plan and Use by Special Review Permit,
USR18-0060, for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review
in the Commercial or Industrial Zone Districts (an office for a construction company), 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 entered into the record. The motion was
seconded by Commissioner Freeman, and it carried unanimously. There being no further
discussion, the hearing was completed at 10:20 a.m.
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This Certification was approved on the 29th day of October, 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: 4- -1-c
- � Ste Moreno, Chair
Weld County Clerk to the Board
arbara Kirkmeyer,, o-Tem
BY:??41.001-
Deputy Cle to the Board
Sean P. Conway
APPROV D AS TO F
Juli zad
Cou rn `q\--PL
Mike Freeman
Date of signature: 12/7/18
2018-3344
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