HomeMy WebLinkAbout20183706.tiff HEARING CERTIFICATION
DOCKET NO. 2018-129
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR18-0064, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(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 - RUSSELL BAKER AND GEORGIA
GILMORE
A public hearing was conducted on December 5, 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 - EXCUSED
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:
I hereby certify that pursuant to a notice dated October 12, 2018, and duly published
October 17, 2018, in the Greeley Tribune, a public hearing was conducted to consider the request
of Russell Baker and Georgia Gilmore, for a Site Specific Development Plan and Use by Special
Review Permit, USR18-0064, for a Use permitted as a Use by Right, Accessory Use, or Use by
Special Review in the Commercial or Industrial Zone Districts (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.
Chair Moreno reviewed for the applicant and the public, the procedures to follow should this
case result in a tie vote due to four(4) Commissioners being present and Commissioner Freeman
excused.
Diana Aungst, Department of Planning Services, presented a brief summary of the proposal
and provided the adjacent County roads. She indicated there were 17 referrals sent out in which
ten (10) were returned without concerns or with comments which were included in the staff
recommendation. She stated the applicant is requesting the USR for five (5) commercial trucks
and seven (7) trailers. Ms. Aungst mentioned there will be six (6) full-time employees accessing
the site to pick up the trucks, and all external employees will be on the site less than two (2) hours
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at a time. She provided the hours of operation and indicated no buildings, lighting, signage or
additional access points are proposed. She mentioned no painting, washing, or on-site fuel
storage is proposed and waste materials will not be stored on the site. She stated there is an
existing quonset hut on the site that will be used for the maintenance of trucks, and the parking
area is south of the buildings, which is screened from the surrounding property owners (SPO) by
a six (6)-foot steel fence. Ms. Aungst indicated the site is located within the one-hundred (100)
year floodplain, all the buildings were grandfathered in and the trucks were made to be operable
with the keys on the site. She stated no outdoor storage of equipment is allowed and a Floodplain
Permit will need to be submitted. Ms. Aungst described adjacent lands and USRs and indicated
notice was sent to 19 property owners within 500 feet of the proposed site. She mentioned the
Department of Planning Services received no opposing phone calls or letters prior to the Planning
Commission (PC); however, SPOs spoke in opposition at PC. She stated the site is located within
the three (3) mile referral area of the Towns of Kersey, Garden City and LaSalle, and the Cities
of Evans and Greeley, and reviewed the returned referrals. Ms. Aungst mentioned the site is
located within the Intergovernmental Agreement (IGA) Area of the Town of Kersey and the City
of Evans. She provided images of the site and surrounding views and entered the favorable
recommendation of the Planning Commission into the record as written.
Hayley Balzano, Public Works Engineer representative, provided a brief overview of the
transportation plans and requirements, and indicated the site accesses onto County
Road (CR) 54. She indicated the Department of Public Works has been working with the applicant
on the access location and proposed an additional Development Standard (DS) to address the
use of an existing access, which was a safety concern for spacing. She provided the language
for the proposed DS and reviewed the average daily traffic (ADT) counts to include truck
percentages. Ms. Balzano indicated tracking control is required and mentioned the site has road
base on the driving surfaces. She stated the applicant is requesting a variance regarding the
tracking control device and indicated Public Works is asking for an Improvements and Road
Maintenance Agreement. She stated the site is excepted from drainage requirements and, in
response to Commissioner Conway, Ms. Balzano clarified there are no upfront costs; however, if
at any time there is a safety concern due to all trucks entering the site at the same time, it would
be addressed.
In response to Commissioner Kirkmeyer, Ms. Balzano confirmed CR 54 is a paved road and
will not require dust control found in Condition of Approval (COA) #1.A. Commissioner Cozad
requested the language Ms. Balzano provided for a new DS #13, be emailed to the Board for
review.
El Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions and stated the Central Weld County Water District (CWCWD) provides water to the
existing residence. She stated there is a septic system permitted for two (2) bedrooms, and
mentioned the application indicated there will be a portable toilet for the business. She clarified
there will be no washing or fuel storage on the site; however, there will be minor maintenance.
She stated there is a commercial noise standard specified and DS#18-26 address Environmental
Health (EH) items.
Sheri Lockman, Lockman Land Consulting, LLC, represented the applicant and mentioned
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staff has done a good job describing the Use. She addressed the concerns regarding the access
and stated it does not meet spacing requirements. She displayed an aerial view of the access
and explained there is an existing access on the adjacent property owned by the Lower Latham
Ditch Company which the City of Evans hopes to convert into a road. Ms. Lockman stated that
the adjacent access as a road would be the best-case scenario, and mentioned her failed attempts
to get in contact with Lower Latham; however, she explained they will continue to try and connect
with them. She indicated they have reviewed the language provided by Ms. Balzano and agree
with it as a new DS #13. She requested discussion on the requirement for a cattle guard and
suggested it be included in the Improvements Agreement(IA), should it be necessary. In response
to Commissioner Cozad regarding a cattle guard as tracking control, Ms. Lockman clarified her
understanding of what tracking control is required, and Commissioner Cozad stated it could be
further discussed later in the hearing.
No public testimony was offered concerning this matter.
In response to Chair Moreno, Ms. Lockman indicated they have reviewed the Conditions of
Approval and Development Standards, with proposed changes regarding the cattle guard and the
language as presented by Ms. Balzano.
Commissioner Conway requested discussion regarding the applicant's attempts to
communicate with the Lower Latham Ditch Company. Ms. Balzano stated Public Work's
suggested to allow the use of the existing access until the adjacent access is turned into a
roadway or there is successful communication with the Lower Latham Ditch Company which has
been incorporated into her proposed DS #13. After further discussion, the Board agreed DS #13
is sufficient, with the language provided by Ms. Balzano.
ID Commissioner Kirkmeyer supported removing "dust control and" from COA #1.A and, in
response to Commissioner Cozad, the Board and the applicant agreed to remove the language
regarding the specified haul routes in COA #1.A. Ms. Balzano requested clarification regarding
the IA requirements and Commissioner Cozad explained with the few vehicles coming and going
from the site, she personally does not want to require an off-site IA and does not think the triggers
will be met. Commissioner Cozad continued, stating she does not mind having a Road
Maintenance Agreement because if there is damage to the road, the applicant should pay their
fair share. Commissioner Kirkmeyer agreed the damage repair should be specific to CR 54 and
tracking control should be required. Commissioner Conway agreed and reiterated there are many
options for tracking control other than a cattle guard, and Commissioner Cozad clarified the main
concern with tracking control is the vehicles tracking mud onto the County roads. Ms. Balzano
stated it is defined in the Code under Appendix 12-A that this quantity of trucks would require a
tracking control device and 100 feet of gravel, recycled asphalt or 300 feet of asphalt. She further
mentioned if the Board gave direction to allow other tracking control options, it could be handled
in the IA. The Board agreed with the applicant having the tracking control device and gravel. In
response to Commissioner Cozad regarding COA#1.C, Ms. Aungst clarified the requirements of
a floodplain permit for the parking of vehicles. After further discussion regarding COA #1.C, the
Board agreed there needed to be a statement for the trucks regarding the floodplain and when
the applicant decides to build on the property, they will need to submit a Flood Hazard Permit.
Commissioner Cozad suggested deleting the "s"off of "location"in COA #1.D.6 because there is
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only one location. She further recommended deleting COA #1.D.8 regarding an access gate.
Commissioner Kirkmeyer suggested deleting the last sentence of COA#1.D.6 since there will be
no construction. The Board agreed to add in the new DS #13 proposed by Ms. Balzano.
Ms. Balzano recommended deleting the last sentence of COA#5.A regarding the tracking control
for the site and the Board agreed. Commissioner Kirkmeyer requested clarification regarding
DS#6 and, after further discussion, the Board agreed to delete the standard. In response to
Commissioner Kirkmeyer, Ms. Aungst clarified DS #8 regarding the fencing. Commissioner
Kirkmeyer requested additional language in DS#25 regarding the portable toilets being screened,
the Board agreed.
la In response to Chair Moreno, Ms. Lockman indicated the applicants have reviewed, and
agree to abide by, the Conditions of Approval and Development Standards, as amended.
IR Commissioner Kirkmeyer moved to approve the request of Russell Baker and Georgia
Gilmore for a Site Specific Development Plan and Use by Special Review Permit, USR18-0064,
for a Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (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 entered into the record. The motion was seconded by
Commissioner Cozad, and it carried unanimously. There being no further discussion, the hearing
was completed at 11:30 a.m.
This Certification was approved on the 10th day of December, 2018.
BOARD OF COUNTY COMMISSIONERS
WELD C UNTY, COLORADO
ATTEST: daiLA)
Steve Moreno, Chair
Weld County Clerk to the Board
"AltituyiA:
rbara Kirkmeyer, Pro-Tem
BY:
Deputy Clef to the Board �� isLa
ean P.P. Conway
AP • ED • ORM.C iZbi' ='(}1
`,�i ` '�•�H►�` !lie A. Cozad
,County Attorney '' c XCUSED
Mike Freeman
Date of signature: I/V IGI
2018-3706
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