HomeMy WebLinkAbout20183110.tiffHEARING CERTIFICATION
DOCKET NO. 2018-109
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR18-0051, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(COMMERCIAL TRUCK PARKING AND STORAGE OF EQUIPMENT AND VEHICLES)
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 — RAFAEL AND MARIA AGUIRRE
A public hearing was conducted on October 10, 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, Diana Aungst
Public Works Engineer representative, Hayley Balzano
Health Department representative, Ben Frissell
The following business was transacted:
IR 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 Rafael and Maria Aguirre, for a Site Specific Development Plan and Use by Special
Review Permit, USR18-0051, for a Use permitted as a Use by Right, Accessory Use, or Use by
Special Review in the Commercial or Industrial Zone Districts (commercial truck parking and
storage of equipment and vehicles) 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.
Diana Aungst, Department of Planning Services, presented a brief summary of the proposal
and stated the site is located west of and adjacent to CR 13, also known as Colorado Boulevard.
She indicated 15 referrals were sent out, and seven (7) responded without concerns or offered
comments which were addressed in the staff recommendation. Ms. Aungst stated the applicant
is requesting a USR for the parking of five (5) semi -trailers and two (2) dump trucks. She
mentioned there would be no fuel storage or vehicle washing on the site. She clarified there will
be maintenance performed on the trucks as necessary, there will be two (2) businesses operating
on the site, and there are a total of seven (7) full-time employees. Ms. Aungst provided the hours
of operation for both businesses, and stated the trucks leave the site on Monday, and return
Friday or Saturday. She indicated the site is surrounded by a chain link fence, and the property is
cc. PLC (0./TP), PwCHB), E.HCGF),
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in an active zoning violation, ZCV18-0052; however, the approval of this application would correct
the outstanding violations. She acknowledged Planning Commission (PC) recommended
approval for this USR based on a surrounding property owner's (SPO) supporting testimony;
however, Planning Staff has recommended denial based on a Notice of Inquiry, a referral from
the Town of Firestone, and a SPO opposition letter. She displayed images of the site and
surrounding views. In response to Commissioner Conway, Ms. Aungst confirmed two (2) SPOs
were in support of the application, and one (1) was in opposition.
Hayley Balzano, Public Works Engineer representative, provided a brief overview of the
transportation plans and requirements, and stated the site accesses onto County Road (CR) 13
in the jurisdiction of the Town of Firestone. She indicated the site meets a Drainage Exception
and presented the drainage and grading requirements.
• Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer
provisions, and stated a domestic well provides water to the site, which is permitted for three (3)
bedrooms. He indicated there will be no washing or fuel storage on the site, reiterated
maintenance will be done onsite, and a dumpster will be used for trash. Mr. Frissell specified the
noise level as commercial, and Development Standards #11-19 address Environmental Health
items.
• Hector and Rosie Soto, applicant's son and daughter, represented the applicant and Mr. Soto
stated his father was told he would not need a permit for this purpose 15 years ago. He indicated
in 2011, the one (1) business became two (2) for unforeseen circumstances. He mentioned they
had no issues with surrounding property owners until construction began behind the proposed
parcel. Ms. Soto stated her father bought the property in 2004, with the intentions of using it for
his business. She reiterated Mr. Aguirre contacted Weld County regarding a permit in 2004, and
again in 2010, to avoid a violation. She indicated they have been in violation for a year. In
response to Commissioner Kirkmeyer, Ms. Soto clarified her father's business has been operating
since 2004, and reiterated why the one (1) business had to become two (2) for taxing purposes.
In response to Commissioner Kirkmeyer, Mr. Soto stated the site is the same size as it was in
2004. Mr. Soto explained there were originally surrounding businesses, and in response to
Commissioner Conway, Ms. Aungst displayed a map to show surrounding USRs and businesses.
El Commissioner Cozad explained the gravel pit to the west and the surrounding area was
owned by Hall -Irwin, and described the permitting of the gravel pit she knows of from past
experience.
• Jack Sherwood, surrounding property owner (SPO) north of the proposed property, indicated
when he bought his property 25 years ago, he was aware of the use on Mr. Aguirre's property.
Mr. Sherwood stated one of the primary focuses of the violation is the trucks being stored on the
property. He indicated the trucks are not often at the site, and when they are it is for maintenance
and repairs. Mr. Sherwood stated he has never had any issue with Mr. Aguirre, Mr. Soto, or noise.
He indicated he measured approximately 350 feet from his bedroom window, to the proposed
property line, and reiterated he has never had any issues. He requested information as to why
the applicant is in violation. Mr. Sherwood described surrounding uses, reiterated he does not
have a problem with the proposed site, and does not understand the reasoning for the violation.
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Cevin Hopp, SPO, stated he understands the importance of compatibility for a USR and the
applicant showing compliance with the Weld County Code. He pointed out the location of his
property and indicated the previous owner of the subject parcel used the property as a farm yard
to store various pieces of equipment, which closely resembles the proposed use. Mr. Hopp
described surrounding uses and stated the proposed application is compatible and consistent
with the surrounding properties, with the exception of two (2). He indicated all SPOs were notified
of the agricultural off -site impacts upon purchasing their properties. He mentioned the opposing
SPOs have not been present or worked with the applicant to address their concerns. He discussed
the phone calls Mr. Aguirre made to Weld County, and stated rules and regulations change.
Mr. Hopp mentioned Mr. Aguirre asked all the right questions when initially buying the property,
and had tried to do the right thing from the beginning. In response to Chair Moreno, Mr. Hopp
restated where he and his parent's adjacent property is.
In response to Commissioner Cozad regarding the Town of Firestone's concerns about
impacts of drainage onto Mr. Hopp's property, Mr. Hopp stated the northwest corner of his
property is flooding 6-8 times a year. He indicated the flooding happens because the Town of
Firestone did not consider Mr. Hopp's runoff, which goes to the west where historically there was
a slew, but now there are residential yards. He mentioned Mr. Aguirre and Mr. Sherw000d's
properties are also flooding. He explained the drainage issue, but stated it does not relate directly
to this USR.
Mr. Hopp expressed he does not understand why the Town of Firestone has to approve the
access. He understood in the referral response it stated it is a new use; however, the access is
existing. He indicated Dave Lindsay, Town of Firestone's Department of Planning, has been
giving contradicting information regarding granting the access. Mr. Hopp asked if there was an
alternative to allowing the Town of Firestone to be involved. He stated this proposed use is a
historic use, and the impact will be minimal.
In response to public input, Mr. Soto stated they attempted to talk to the opposing
surrounding property owners to resolve their issues, including a change to the hours of operation
to accommodate the SPOs. Mr. Soto explained only supporting SPOs came to the neighborhood
meeting. In response to Commissioner Kirkmeyer, Mr. Soto indicated the hours are Monday,
between 7:00 a.m. and 9:00 a.m., depending on when the trucks leave, and Friday - Saturday
whenever the trucks return. In response to Commissioner Kirkmeyer, Mr. Soto stated if the trucks
get back after daylight hours, he has them park at a nearby truck stop.
In response to Chair Moreno, Mr. and Ms. Soto indicated they have reviewed the proposed
Conditions of Approval and Development Standards.
12- Commissioner Cozad reiterated the access is existing and suggested removing COA #1.B.
Commissioner Kirkmeyer instead suggested a language change to COA #1.B. to state: "The
applicant shall attempt to obtain an Access Permit from the Town of Firestone. If a permit cannot
be obtained, the existing accesses shall be maintained, as delineated in the Town of Firestone
annexation of Colorado Boulevard." After further discussion, the Board agreed to the language
change.
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El Commissioner Cozad suggested removing "and proposed"from COA #1.C.5. Commissioner
Conway recommended deleting "dark sky standards" from COA #1.C.6. Commissioner Cozad
suggested deleting COA #1.C.7 and added language to COA #1.C.8 regarding the existing and
future access. Commissioner Kirkmeyer suggested adding the word "existing" to COA #1.C.10
regarding parking and traffic. Commissioner Kirkmeyer, recommended deleting COA #5.A
regarding a Weld County Grading Permit and COA #6 regarding building and electrical permits.
• After discussion, Commissioner Freeman recommended deleting Development Standard
(DS) #3 regarding the hours of operation. Commissioner Kirkmeyer suggested deleting DS #4,
and Commissioner Cozad recommended changing the Use to be "limited to ten (10) [trucks]".
Commissioner Cozad suggested adding the word "existing" to DS #8 regarding landscaping and
screening. Commissioner Kirkmeyer recommended deleting DS #15 regarding the noise
standard. In response to Commissioner Cozad regarding adequate water supply, Mr. Frissell
stated DS #18 was somewhat repeated in DS #19, and indicated it would be okay to delete.
Commissioner Cozad reminded the Board to delete the dark sky standards from DS #20 regarding
the Lighting Plan.
• In response to Commissioner Kirkmeyer, Ms. Aungst agreed DS #21 could be removed.
• Mr. Haug highlighted the discussion from the Planning Commission regarding access, and
Commissioner Cozad stated the issues discussed during the Planning Commission hearing will
be addressed in the findings.
In response to Chair Moreno, Mr. and Ms. Soto indicated they have reviewed, and agree to
abide by, the Conditions of Approval and Development Standards, as amended.
• Commissioner Cozad requested a 5 -minute break. Chair Moreno recessed the hearing at
2:26 p.m.
Chair Moreno reconvened the hearing at 2:34 p.m.
• Commissioner Cozad moved to approve the request of Rafael and Maria Aguirre for a Site
Specific Development Plan and Use by Special Review Permit, USR18-0051, for a Use permitted
as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial
Zone Districts (commercial truck parking and storage of equipment and vehicles) 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.
• Commissioner Cozad cited Section 23-2-230.B.1, stating the application is consistent with
Chapter 22, other applicable code provisions and ordinances in effect. She specifically cited
Section 22-2-20.6.2 of the Comprehensive Plan and stated private property owners can bring
their agricultural lands to other appropriate land uses, and the subject site has been in a similar
use, historically. She cited Section 22-2-20.6.2 (A.Policy 2.2) and explained trucking is inherent
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to taking agricultural products to market, therefore, it is directly related. She cited Section
22-2-20.G.2 (A.Policy 7.2) and related the proposed use to the historic use of supportive
development. She cited Section 22-2-20.H (A.Goal 8) and indicated there are adequate services
and facilities that are available, as well as Section 22-2-20.1 (A.Goal 9) stating the use was there
before the subdivision, therefore, it meets the compatibility requirement.
Commissioner Cozad referenced Section 23-2-230.B.2 and reiterated compliance with the
goals and policies of the Comprehensive Plan, as previously stated, which meets the intent of the
A (Agricultural) Zone District. She cited Section 23-2-230.B.3 and again reiterated the applicant
have been occupying the subject property since before the neighboring subdivision existed, and
indicated each Site Specific Development Plan is evaluated individually. She stated her support
of the historical use and the new supportive development. Commissioner Cozad also mentioned
the relationship between the applicant and the adjacent property owners who support the
proposal, which further demonstrates compatibility. She indicated there were no objections at the
Planning Commission hearing, the applicant resides on the site and has agreed that employees
will go to a truck stop if returning after daylight hours. She stated it shows compassion and care
toward the neighbors, and again stated it supports compatibility. Commissioner Cozad referenced
Section 23-2-230.B.4 and reiterated this has been an existing use that was present prior to the
subdivision, even though they are just now obtaining the USR, and she believes they will strive to
ensure ongoing compliance and compatibility with future growth in the area. She mentioned
because there is an Intergovernmental Agreement (IGA) with the Town of Firestone, and the
referral indicated they feel the application is a change of use, she understands the requirement
for an access permit. Commissioner Cozad stated there is a DS that addresses the issue, and
the COA states "attempt to address" because it is an existing use. She indicated if the Town of
Firestone determines they cannot permit the access, the condition covers the applicant. She
referenced the documentation in which the Town of Firestone stated they have no problems with
issuing an access permit. She cited Section 23-2-230.B.5 and indicated the site does not lie within
any Overlay Districts; Section 23-2-230.B.6 stating the property was previously classified as prime
farm ground, the size of the parcel is no longer conducive for farming. Lastly, she referenced
Section 23-2-230.B.7 and stated the provisions of the USR permit will ensure protection of the
health, safety and welfare of the inhabitants of the neighborhood and County.
El The motion was seconded by Commissioner Conway, who commented if the applicant had
gone through the USR process in 2004 or 2011 when they originally called the County, all of the
stated and amended changes would have been the same. He reiterated the applicant made
phone calls to the County twice after buying the property, and once they realized they were in
violation they took the proper steps to correct the violation. Commissioner Cozad thanked the
applicant and the neighbors for working together. Commissioner Kirkmeyer agreed with the
comments and findings made by Commissioner Cozad and thanked the applicant and the SPOs.
Commissioner Conway reiterated the comment made by Mr. Sherwood regarding why the
applicant must go through the USR process. He answered by saying it is for the protection of the
applicant and the neighbors and thanked the neighbors for their involvement. Commissioner
Freeman agreed with the comments previously stated. There being no further discussion, the
motion carried unanimously, and the hearing was completed at 2:50 p.m.
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This Certification was approved on the 15th day of October, 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: datife,i)ict);
Weld County Clerk to the Board
�f Y1 i 1J rb't�l
Deputy Cler to the Board
APPROVED AS TO FORM
AT,1- County Attorney
Date of signature: \V 2a/18
Ste'e Moreno, Chair
Mike Freeman
C.-
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