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HomeMy WebLinkAbout20180027.tiffHEARING CERTIFICATION DOCKET NO. 2018-02 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR17-0052, FOR ANY USE PERMITTED AS A USE BY RIGHT OR ACCESSORY USE IN THE COMMERCIAL ZONE DISTRICT (LANDSCAPE BUSINESS) IN THE A (AGRICULTURAL) ZONE DISTRICT - JOSE ISABEL SOTO A public hearing was conducted on January 17, 2017, 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, Kim Ogle Public Works Department representative, Evan Pinkham Planning Services Engineer representative, Hayley Balzano Health Department representative, Lauren Light The following business was transacted: El I hereby certify that pursuant to a notice dated November 17, 2017, and duly published November 22, 2017, in the Greeley Tribune, a public hearing was conducted to consider the request of Jose Isabel Soto, for a Site Specific Development Plan and Use by Special Review Permit, USR17-0052, for any Use permitted as a Use by Right or Accessory Use in the Commercial Zone District (landscape business) in the A (Agricultural) Zone District. Bob Choate, Assistant County Attorney, made this a matter of record. Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and reviewed the location of the three (3) acre parcel in reference to relevant County roads and within the three (3) mile referral area of the Towns of Erie and Frederick, City of Dacono, Boulder County, and the City and County of Broomfield. He stated the Town of Erie submitted a referral response indicating the proposed application does not comply with the Town's Comprehensive Plan, as a landscape business is not a preferred use within the Rural Residential land use designation. Mr. Ogle reported the other jurisdictions either did not respond or indicated no concerns. He described the adjacent land uses, nearest residences, and other USRs within one (1) mile of the proposed site. He reviewed the applicant's intent for a landscape business to include number of employees, hours of operation, existing landscaping on the site with no plans for new landscaping, no washing of vehicles or equipment, and that minor maintenance of equipment will be performed on -site. He mentioned the application is the result of a Zoning Violation, ZCV17-00121, due to the parking of commercial vehicles without the proper permits and stipulated that if this application is approved, it will correct the violation. Mr. Ogle stated 17 referrals were sent out and five (5) responses were received with comments that have been considered by staff. He displayed c.c., PLC Ko/Mon), P£(HS), EHCLL),CTSC'r ) O3d0% /18' 2018-0027 PL2514 HEARING CERTIFICATION - JOSE ISABEL SOTO (USR17-0052) PAGE 2 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. He stated the access is from County Road (CR) 10, which is a gravel road and designated as a local road. He provided the most recent average daily traffic count to include truck percentages and stated, based on the traffic narrative with five (5) daily round trips associated with the USR, the Department of Public Works will not require tracking control but will require an Improvements Agreement. El Hayley Balzano, Planning Services Engineer representative, presented the drainage and grading requirements, stating the drainage report reflects the use will not increase imperviousness to the site. She stated the site is impacted by the geologic hazard overlay district and the applicant will need to obtain a Geologic Hazard Development Permit prior to recording the USR map. She reviewed the Conditions of Approval and Development Standards relevant to Engineering. • Lauren Light, Department of Public Health and Environment, reviewed the water and sewer provisions, stating the Left Hand Water District provides water to the home on -site, and the home has a septic system for sewer. She stated a portable toilet is acceptable for the business with two (2) or less employees on -site and employees on -site for less than two (2) hours per day. Ms. Light asserted the noise will be limited to the Commercial Noise Standards, and there is no washing of vehicles, maintenance, or storage of fuel or chemicals. She reported Development Standards (DS) #12-20 address Environmental health items. El Samuel Soto represented the applicant and stated the business is a small, family -owned operation and they bought the property to be able to store the vehicles and equipment for the business. He stated they keep the site clean and generally are in and out in the mornings to get to the job sites. • No public testimony was offered concerning this matter. • In response to Chair Moreno, Mr. Soto indicated he reviewed the Conditions of Approval and Development Standards and has no concerns. In response to Commissioner Cozad, Mr. Ogle stated one (1) individual did turn in complaints for all three sites and to his knowledge, there are no more to follow. • In response to Commissioner Cozad, the Board agreed to delete Condition of Approval (COA) #1.B regarding the requirement for an Improvements Agreement. In response to Commissioner Cozad, Mr. Pinkham stated the fence and entrance gate are set back far enough. Mr. Soto confirmed the distance. The Board further agreed to increase the hours of operation to one (1) hour before and one (1) hour after daylight hours for seven (7) days a week and to increase the number of employees to fifteen (15). 2018-0027 PL2514 HEARING CERTIFICATION - JOSE ISABEL SOTO (USR17-0052) PAGE 3 Chair Moreno reviewed the changes for the applicant and in response to Chair Moreno, Mr. Soto indicated he has reviewed, and agrees to abide by, the Conditions of Approval and Development Standards, as amended. El Commissioner Conway moved to approve the request of Jose Isabel Soto for a Site Specific Development Plan and Use by Special Review Permit, USR17-0052, for any Use permitted as a Use by Right or Accessory Use in the Commercial Zone District (landscape business) 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 Kirkmeyer, and it carried unanimously. There being no further discussion, the hearing was completed at 10:27 a.m. This Certification was approved on the 22nd day of January, 2018. BOARD OF COUNTY COMMISSIONERS WELD QOUNTY, COLORADO ATTEST: datitt4)JC Ldo;&k. Weld County Clerk to the Board BY: Deputy Clerk to the Boa APPRO "D AS TO orney Date of signature: Oa /3-'8 Steve Moreno, Chair Barbara Kirkmeyer, EXCUSED DATE OF APPROVAL Sean P. C nway tiG, Z6/ 0/ ie A. 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