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Home My WebLink About20182855.tiffHEARING CERTIFICATION DOCKET NO. 2018-90 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR18-0023, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE OR USE BY SPECIAL REVIEW PERMIT IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (TRUCK AND EQUIPMENT PARKING AND STORAGE FOR CONSTRUCTION BUSINESSES) 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 - LES MATSON CONSTRUCTION, INC., CIO BRIAN HARTMAN A public hearing was conducted on September 19, 2018, at 10:00 a.m., with the following present: Commissioner Steve Moreno, Chair Commissioner Barbara Kirkmeyer, Pro-Tem- EXCUSED 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, Angela Snyder 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 13, 2018, and duly published August 16, 2018, in the Greeley Tribune, a public hearing was conducted to consider the request of Les Matson Construction, Inc., c/o Brian Hartman, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0023, for any Use permitted as a Use by Right, Accessory Use or Use by Special Review Permit in the Commercial or Industrial Zone Districts (truck and equipment parking and storage for construction businesses) 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. In the event of a tie vote, Commissioner Kirkmeyer will listen to the record and make the determining vote. Angela Snyder, Department of Planning Services, presented a brief summary of the proposal. She stated 15 referrals were sent out and nine (9) agencies responded with no concerns or with suggestions that were considered in the staff recommendation, Ms. Snyder indicated the 73 -acre site is located south of and adjacent to County Roads (CR) 52 and 45. She stated the site is located in the Greeley -Weld Airport Overlay District, and on soil that is considered "Prime (Irrigated)", but is beyond the reach of the pivot. She indicated the site is located within the three (3) mile referral areas of the Cities of Greeley and Evans and the Towns of LaSalle and Kersey. She mentioned Greeley, Evans and Kersey had no concerns regarding the proposed site; te,.?L<Tvim),?w( szt) Et+c�..L>> crt, ,x/56) iIIIIIIISC 2018-2855 PL2582 HEARING CERTIFICATION - LES MATSON CONSTRUCTION, INC., C/O BRIAN HARTMAN (USR18-0023) PAGE 2 however, the Town of LaSalle suggested preferred haul routes. Ms. Snyder described the use of the proposed site to store equipment and materials from the applicant's former business and for one (1) other construction business. She stated the applicant has requested the overnight parking for three (3) commercial vehicles, and daytime parking for up to five (5) employee vehicles. Ms. Snyder indicated the site is currently in violation, ZCV17-00343, for the presence of commercial storage without the necessary land use permits, and if approved, the violation will be corrected. She described surrounding land uses and stated there are six (6) homes within a quarter mile of the site. She stated at the time of the application, staff had received phone calls and letters from two (2) objecting surrounding property owners with concerns about more commercial vehicles being on the site, using the barn as storage for truck maintenance, lack of dust suppression and adequate restroom facilities. Ms. Snyder stated a Landscape and Screening Plan has been requested, and the Colorado Parks and Wildlife (CPAW) indicated the presence of a bald eagle nest and provided recommendations limiting impacts to the nest. She explained the applicant may be require to obtain a permit from the U.S. Fish and Wildlife Service due to the presence of the nest. She stated there are two (2) USRs within one (1) mile of the site, displayed 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 requirements, and stated the site accesses onto CR 52, and does not meet spacing requirements. He provided the most recent traffic count to include truck percentages. Mr. Pinkham stated there will be fewer than six (6) daily round trips associated with the business; therefore, no tracking control or Improvements Agreement are required. He indicated a Preliminary Drainage Report has been submitted, which indicated the site will not be able to drain into the adjacent irrigation ditch; thus, the applicant has requested variance for a retention or infiltration pond. He concluded by stating a Grading Permit will be required if they disturb more than an acre. Lauren Light, Department of Public Health and Environment, reviewed the water and sewer provisions and stated portable toilets and bottled water will be provided to employees. She reiterated no fuel storage, washing of vehicles, or floor drains will be on the site. She mentioned there is a secondary container for fluid and no chemicals are stored on the site, and Development Standards #13-21 address Environmental Health items. Les Matson, applicant, asked for an amendment on the hours of operation to 24 hours a day, seven (7) days a week, to avoid further violation for the second company that is accessing the site. In response to Commissioner Conway, Mr. Matson stated activity would primarily occur between the hours of 7:00 a.m. and 6:00 p.m., Monday through Saturday; however, the hours of operation extension is preferred. Mr. Matson addressed noise and dust complaints, and stated Public Works applied Magnesium Chloride onto the CR for dust abatement. He stated there are no full-time employees and the site is primarily used for storage. fi No public testimony was offered concerning this matter. In response to Chair Moreno, Mr. Matson indicated he has reviewed, has no concerns with the Conditions of Approval and Development Standards, as proposed. 2018-2855 PL2582 HEARING CERTIFICATION - LES MATSON CONSTRUCTION, INC., C/O BRIAN HARTMAN (USR18-0023) PAGE 3 Commissioner Cozad recommended removing the incorporation of the Dark Sky Standards from Conditions of Approval (COA) #1.E.6, and the Board agreed. In response to Commissioner Cozad, Mr. Matson stated there is an entrance gate, and Commissioner Cozad reminded the applicant to show the gate on the map. She also suggested deleting COA #1.E.17 regarding parking and traffic circulation. WA Mr. Pinkham recommended the removal of COA #1.E.13 regarding tracking control. He requested additional language regarding the access point in COA #1.E.12. In response to Commissioner Cozad, Mr. Pinkham agreed to remove the language from COA #1.E.12 regarding the turning radii. Commissioner Cozad reminded the applicant to obtain an Access Permit. =Y; Commissioner Cozad recommended removing COA #1.E.19 and Development Standard (DS) #12 regarding the eagle's nest. In response to Commissioner Cozad, Ms. Snyder confirmed the change to the hours of operation is not due to surrounding property owner's complaints or suggestions. After further discussion, the Board agreed to change DS #3 regarding the hours of operation to 24 hours a day, seven (7) days a week. _a Commissioner Cozad asked Mr. Matson and Ms. Snyder to clarify the number of round trips per day on DS #8. Ms. Snyder explained why the number of roundtrips was changed at Planning Commission. After further discussion, the Board added "daily"to DS #8 at the end of the sentence for clarification. Commissioner Cozad suggested removing "...and incorporate Dark Sky Standards" from DS #11 and reiterated removing DS #12 regarding the eagle's nest. Commissioner Freeman suggested adding "existing" to DS #10 for consistency regarding the landscaping/screening maintenance. ei In response to Commissioner Cozad, Mr. Pinkham stated the County engineers are evaluating the applicant's request for a retention or infiltration pond. He emphasized the approval or denial of the request will determine the future steps. El In response to Chair Moreno, Mr. Matson indicated he has reviewed, and agrees to abide by, the Conditions of Approval and Development Standards, as amended. El Commissioner Freeman moved to approve the request of Les Matson Construction, Inc., c/o Brian Hartman, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0023, for any Use permitted as a Use by Right, Accessory Use or Use by Special Review Permit in the Commercial or Industrial Zone Districts (truck and equipment parking and storage for construction businesses) 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 2018-2855 PL2582 HEARING CERTIFICATION - LES MATSON CONSTRUCTION, INC., C/O BRIAN HARTMAN (USR18-0023) PAGE 4 it carried unanimously. There being no further discussion, the hearing was completed at 12:38 p.m. This Certification was approved on the 24th day of September, 2018. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dazywo je1to;ok Weld County Clerk to the Board BY: Deputy Clerk to the Board APP' • . D AS T Attorney Date of signature: to) J ol$ Steve Moreno, Chair EXCUSED Barbara Kirkme er, Pro -Tern can P. Conway USED DATE OF APPROVAL A. Cozad Mike Freeman 2018-2855 PL2582 ATTENDANCE LIST q -1`b NAME - PLEASE PRINT LEGIBLY ADDRESS (CITY, STATE ZIP) . EMAILFt OF t . SPEAKING (1ti1' )? & i �) S\e \ f (Ss Y_osa� t D3C-�CQ "\' -' yLiek �ds� �� e,l IBS �g�, I� SYt 1 5 cow 1�✓-e c0� 7 47Vii. /�)///J��/ NJ//J6��j,(y�'/�/jam' L,/�' �/(y �/Y��/iJyu/y�� p, ,,,,i/yl4,,, i 333 efrza .le (7/ rn be / --t 114 `�i,,, 3 9 43 - 6 'Eini ).-7 & 7 �4.ir.r' QA -4124,41 /".4.1.1"4 jt T -e --c.,(01 L �' b k-rf i !'CI \'c A, `l ¢_V� vi ,LI) k-?,t%i'. i'A.Lt I6'( P. cot- `�Pce-Vve fa��#,. e if4 . 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