HomeMy WebLinkAbout20182789.tiffHEARING CERTIFICATION
DOCKET NO. 2018-92
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR18-0031, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE OR
USE BY SPECIAL REVIEW PERMIT IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (SEMI -TRUCK PARKING) 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 - MARIANO GONZALEZ
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, Diana Aungst
Public Works Engineer representative, Evan Pinkham
Health Department representative, Lauren Light
The following business was transacted:
a I hereby certify that pursuant to a notice dated July 27, 2018, and duly published August 1,
2018, in the Greeley Tribune, a public hearing was conducted to consider the request of Mariano
Gonzalez, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0031,
for any Use permitted as a Use by Right, Accessory Use or Use by Special Review Permit in the
Commercial or Industrial Zone Districts (semi -truck parking) 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.
21 Diana Aungst, Department of Planning Services, presented a brief summary of the proposal
and stated the site is south of and adjacent to County Road (CR) 50 and east of and adjacent to
CR 57. She indicated 11 referrals were sent out and eight (8) agencies responded with no
concerns or with suggestions that were considered in the staff recommendation. Ms. Aungst
explained the request is for the parking of six (6) commercial trucks, and stated there will be no
fuel storage, washing or maintenance of trucks onsite. She reviewed the number of employees
and the hours of operation. Ms. Aungst mentioned the applicant is proposing a fence to screen
the truck parking area. She stated the proposed site is currently in violation; however, if the
application is approved the violation will be voided. Ms. Aungst described adjacent land uses and
stated there are five (5) USRs within one (1) mile of the site. She explained planning staff sent
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notices to ten (10) surrounding property owners (SPOs) and received no opposing
correspondence. She stated the site is located within the three (3) mile referral area and the
Intergovernmental Agreement Area of the Town of Kersey and an email from the Town of Kersey
stated they are not interested in annexing the property. Ms. Aungst displayed images of the site
and surrounding areas and stated the truck parking would be near the home. She entered the
favorable recommendation of the Planning Commission into the record as written.
ita Evan Pinkham, Public Works Engineer representative, provided a brief overview of the
transportation plans and requirements, and stated the site accesses onto CR 57. He indicated
the applicant did not apply for an Access Permit during the application process and stated there
is an existing access that does not meet the requirements for spacing. He provided the average
daily traffic count to include truck percentages for CRs 50 and 57 and stated there will be
approximately one (1) daily round trip associated with the business. Mr. Pinkham indicated the
Department of Public Works is not requiring tracking control or an Improvements Agreement and
stated the site meets an exception for drainage.
. Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions and stated water is provided by the Central Weld County Water District (CWCWD) and
there is an existing septic system that is permitted for three (3) bedrooms. She indicated portable
toilets will be used for the business which is deemed acceptable. She reiterated there will not be
any fuel storage, washing, or maintenance of vehicles on the site, the noise level is commercial,
and Development Standards (DS) #14-22 address Environmental Health items.
IR Edith Gonzalez, represented the applicant, and reiterated the request for the USR and
acknowledged the violation for truck parking. She explained Mr. Gonzalez is still operating the
business and is not ready to remove the trucks from the lot. In response to Commissioner Cozad
regarding the number of trucks, Ms. Gonzalez stated there are not currently six (6) trucks on the
site, but they are leaving room for growth.
• No public testimony was offered concerning this matter.
O In response to Chair Moreno regarding the hours of operation, Ms. Gonzalez clarified the
business will not operate 24/7, but the applicant is requesting the extended hours to avoid further
violation.
• . In response to Commissioner Conway regarding an increase of employees, Ms. Gonzalez
requested to keep the maximum number of employees to four (4). Commissioner Freeman
recommended changing the number of employees to six (6) due to there being six (6) commercial
trucks and Ms. Gonzalez agreed.
▪ In response to Chair Moreno, Ms. Gonzalez indicated on behalf of the applicant that he has
reviewed, and agrees to abide by, the Conditions of Approval and Development Standards, as
presented.
3 Commissioner Cozad recommended adding "existing" to Condition of Approval
(COA) #1.6.5 regarding the landscaping. She further suggested a language change for
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COA #1.A.11 to state: "Show and label the approved access location at the existing access point.
The applicant must obtain an Access Permit in the approved location(s) prior to construction." In
response to Commissioner Cozad, Mr. Pinkham stated the existing access is close to meeting
the required radii and the applicant will still be required to obtain an Access Permit.
In response to Commissioner Conway, Ms. Aungst explained any exterior lighting would
need to be shown on the USR map; however, there is no Lighting Plan required due to it being
existing lighting. Commissioner Conway, requested "existing" be added to COA #1.B.6, in relation
to delineating lighting on the map.
Mr. Pinkham suggested deleting COA #1.A regarding crossing agreements. Commissioner
Cozad agreed.
B Commissioner Freeman recommended deleting COA #1.B.12 regarding entrance gate
re irements and the Board Concurred.
P2uChair Moreno reiterated the change to Development Standard (DS) #4 to change the
number of employees from four (4) to six (6). Commissioner Cozad suggested adding "existing"
to DS #8 regarding the landscaping and screening. The Board agreed to all the aforementioned
changes.
In response to Chair Moreno, Ms. Gonzalez indicated that Mr. Gonzalez has reviewed, and
agrees to abide by, the Conditions of Approval and Development Standards, as amended.
B Commissioner Cozad moved to approve the request of Mariano Gonzalez for a Site Specific
Development Plan and Use by Special Review Permit, USR18-0031, for any Use permitted as a
Use by Right, Accessory Use or Use by Special Review Permit in the Commercial or Industrial
Zone Districts (semi -truck parking) 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 he thanked the applicant for diligently working to correct the violation. The motion
carried unanimously and the hearing was completed at 11:47 a.m.
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This Certification was approved on the 24th day of September, 2018.
BOARD OF COUNTY COMMISSIONERS
WELQ COUNTY, COLORADO
ATTEST: date& w Ido;O4
Weld County Clerk to the Board
BY: 4OJ(2. r3 A
uty Clerk to the Board �_
APPROVED AS TO F
ounty A" orney
Date of signature: Q/9Co/IRe
Steve Moreno, Chair
EXCUSED
Barbara Kirkmeyer, Pro -Tern
can P. Conway �1
ovi
Cozad
ike Freeman
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