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Home My WebLink About20182077.tiffHEARING CERTIFICATION DOCKET NO. 2018-59 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR18-0020, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (CONSTRUCTION AND AGRICULTURAL MACHINERY SALES) IN THE A (AGRICULTURAL) ZONE DISTRICT - SHAWN AND SUSAN WIANT A public hearing was conducted on July 11, 2018, at 10:00 a.m., with the following present: Commissioner Steve Moreno, Chair - EXCUSED Commissioner Barbara Kirkmeyer, Pro -Tern Commissioner Sean P. Conway - EXCUSED Commissioner Julie A. Cozad Commissioner Mike Freeman Also present: Acting Clerk to the Board, Tisa Juanicorena Assistant County Attorney, Frank Haug Planning Services Department representative, Kim Ogle 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 30, 2018, and duly published June 4, 2018, in the Greeley Tribune, a public hearing was conducted to consider the request of Shawn and Susan Wiant, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0020, for any Use permitted as a Use by Right, Accessory Use or Use by Special Review in the Commercial or Industrial Zone Districts (construction and agricultural machinery sales) in the A (Agricultural) Zone District. Frank Haug, Assistant County Attorney, made this a matter of record. Chair Pro -Tern PP Kirkmeyer instructed the applicant and reviewed for the public, with two (2) Y of the five (5) Commissioners being excused, the vote must be unanimous for the case to be approved. The applicant acknowledged the process and, the hearing proceeded. Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and g P stated the site is located within the three (3) mile referral area of the Towns of Hudson and Lochbuie. He stated the Town of Hudson indicated no concerns and the Town of Lochbuie had no referral response. Mr. Ogle explained the approximately 21 -acre site includes the Wiant residence and business and he reviewed the location in relation to relevant to county roads. He described surrounding land uses to include canals, rural residential development, and agriculture. Mr. Ogle explained within 500 feet of the proposed facility, there are oil and gas facilities, five (5) parcels of land and five (5) property owners and he reported the implemented sales area is located a distance greater than 1,000 feet from any residence. Planning staff did not receive any correspondence. He stated the applicant is also the owner of Summit Machine Sales, LLC, and dtPL&lfth/,60) , Pto ( µf3> > EN (L.Zr) er8 cry) 0% 2018-2077 PL2558 HEARING CERTIFICATION - SHAWN AND SUSAN WIANT (USR18-0020) PAGE 2 will continue to use the proposed site for grazing of livestock and horses He assured there will be no refurbishment, washing, painting or repairs of equipment on the property and the transport of equipment will be by truck and trailer no longer than 45 feet in length He indicated the operating hours will vary, including any day of the week and holidays, and most operations will happen during daylight hours He stated ten (10) referral agencies have reviewed the application, with five (5) responses that have been considered in the staff recommendation Mr Ogle displayed images of the site and surrounding views and entered the favorable recommendation of the Planning Commission into the record as written ,l Hayley Balzano, Public Works Engineer representative, provided a brief overview of the transportation plans and requirements, stating this site accesses from County Road (CR) 45 She provided the average daily traffic counts to include truck percentages and stated the traffic narrative indicated approximately 92 vehicles per day with approximately 17 trucks She reported the traffic information also indicated there will be approximately 2-3 weekly round trips for customers, plus daily round trips for residents Ms Balzano stated there is no tracking control requirements and the site meets drainage exception #1 A 14 She stated a Weld County Grading Permit will be required if the applicants are disturbing more than an acre Lauren Light, Department of Public Health and Environment, reviewed the water and sewer provisions, stating the individual well on -site is permitted for domestic and commercial use, and there is a permitted septic system sized for eight (8) people She described the restroom in the house will be used for customers and transporters, as necessary, and if the use of the restroom exceeds eight (8) people per day, the system will need reviewed by an engineer as covered in the Development Standards Ms Light reiterated there will be no washing, painting or repairs done on site and only approximately five (5) gallons of fuel will be stored She stated Development Standards (DS) #8-16 address Environmental Health items J; Shawn Wiant, applicant, stated they want to be able to sell equipment from home for local area contractors, farmers and ranchers for agricultural use Mr Wiant indicated the use of the balance of the property will continue to be used for grazing horses and cattle, hay production and planting food crops for birds He indicated there are no immediate neighbors within 1,000 feet, and those surrounding his property are on good terms and aware of the site plans Mr Want had spoken to Farmers Reservoir and Irrigation Company (FRICO) and stated their concern was regarding the opposite corner of the proposed operation and he explained a significant amount of water would have to travel uphill to be an issue Mr Wiant expressed appreciation for Planning staff's professionalism and helpfulness No public testimony was offered concerning this matter Chair Pro -Tern Kirkmeyer recommended the removal of Condition of Approval (COA) #1 A regarding FRICO's concern She further suggested the deletion of DS #4, regarding hours of operation and Commissioner Cozad recommended deleting DS #3, regarding outside employees Chair Pro -Tern Kirkmeyer suggested removing DS #12 regarding the noise standard In response to Commissioner Freeman, Mr Want clarified the amount of available parking 2018-2077 PL2558 HEARING CERTIFICATION - SHAWN AND SUSAN WIANT (USR18-0020) PAGE 3 In response to Chair Pro-Tem Kirkmeyer, Shawn and Susan Wiant indicated they have reviewed, and agree to abide by, the Conditions of Approval and Development Standards, as amended. Commissioner Freeman moved to approve the request of Shawn and Susan Wiant for a Site Specific Development Plan and Use by Special Review Permit, USR18-0020, for any Use permitted as a Use by Right, Accessory Use or Use by Special Review in the Commercial or Industrial Zone Districts (construction and agricultural machinery sales) 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 Julie Cozad and it carried unanimously. There being no further discussion, the hearing was completed at 10:37 a.m. This Certification was approved on the 16th day of July, 2018. ATTEST: Stheite,A) .e1;49;e,k, Weld County Clerk to the Board BY: Deputy Clerk to the Bo APPROVED AS TO F County ttorney Date of signature: D.9 -D 3'/8 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO EXCUSED St e Moreno, Chair arbara Kirkmeyer, Pro-Tem EXCUSED Sean P. Conway Julie A. Cozad Mike Freeman 2018-2077 PL2558 ATTENDANCE LIST DATE: r NAME - PLEASE PRINT LEGIBLY EMAIL ADDRESS COUNTY OF RESIDENCE SPEAKING? 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