HomeMy WebLinkAbout20183640.tiff HEARING CERTIFICATION
DOCKET NO. 2018-125.B
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR18-0072, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(LANDSCAPE CONSTRUCTION AND MAINTENANCE BUSINESS), AND MORE THAN
ONE CONEX CONTAINER UTILIZED FOR SECURE STORAGE, 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 -
STEVEN AND CARIE WINTER, C/O CARTERS LAWN CARE, INC.
A public hearing was conducted on December 12, 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, Kim Ogle
Public Works Engineer representative, Evan Pinkham
Health Department representative, Ben Frissell
The following business was transacted:
IR 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 on November 21, 2018,
to consider the request of Steven and Carie Winter, for a Site Specific Development Plan and Use
by Special Review Permit, USR18-0072, for a Use permitted as a Use by Right, Accessory Use
or Use by Special Review in the Commercial or Industrial Zone Districts (landscape construction
and maintenance business), and more than one conex container utilized for secure storage,
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, at which time the Board deemed it necessary to continue the matter to
December 12, 2018, at 10:00 a.m., to allow the applicant an opportunity to have all five (5) County
Commissioners present. On December 12, 2018, Frank Haug, Assistant County Attorney, made
this a matter of record.
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal,
stated the property is approximately 22 acres and provided the adjacent County roads. He
indicated the site is located within the three (3) mile referral areas and the Coordinated Planning
Agreement areas of the Towns of Windsor and Severance. He reviewed the referral from the
Town of Windsor, which included the property is within the Growth Management Area. He stated
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INC. (USR18-0072)
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the proposed use is not consistent with the adjacent residential use designated in the Town of
Windsor's Land Use Plan and, if approved, the Town requested the use be mitigated to minimize
the impact. Mr. Ogle further stated there are incorrect statements in the application stating
stormwater is not entirely contained on the property, surface grading exists, and the water is
known to discharge at the southeast corner where a farm access is historically located. He
indicated the Department of Planning Services received two (2) opposing letters of concern from
surrounding property owners (SPO), and provided an overview of the existing improvements. He
explained there will be up to 12 employees based on seasonal demand, and provided the hours
of operation. He described the existing landscaping, and indicated the applicant is not proposing
any additional screening; however, the Planning Staff is recommending screening of the
employee parking area, and any associated outside storage of equipment and materials. Mr. Ogle
indicated the case has an active zoning violation, ZCV17-00371, and explained, if approved, a
portion of the violation will be corrected. He mentioned 11 referral agencies have reviewed the
case and four (4) responded without concerns or with concerns that are addressed in the
Conditions of Approval (COA) and Development Standards (DS). He presented 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, reviewed the accesses and requested the west access be
closed because it does not meet spacing requirements. She provided the traffic counts for
adjacent County roads and included truck percentages. She indicated there will be approximately
four (4) to six (6) daily round trips and the trucks are 3/4 to one (1) ton trucks with a tandem axel
16-foot trailer. She presented the drainage and grading requirements and stated there is no
upfront tracking control requirements, the site meets the Weld County Drainage Exception,
23-12-30.F.1.A.8 and Windsor has requested stormwater be retained on the site, which is
included in the COAs.
12 Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer
provisions and stated there is an existing residence on the site, which is not proposed for the
business; however, DS #21 addresses the septic system if used for business needs. He
mentioned portable toilets and bottled water are acceptable, and DS #15-24 address
Environmental Health (EH) items.
12 Carter Sererak, applicant, stated his company provides landscaping, construction and
maintenance services. He indicated the company has been on the Winter property for four (4)
years, and has not received a complaint from any surrounding residents. He explained it is
approximately 450 feet from his shop to any residence, and stated live screening can help with
any visual mitigation. In response to Commissioner Kirkmeyer, Mr. Sererak described his
business in more detail, and indicated he is licensed in Colorado to apply fertilizing and weed
control products.
Carlin Malone, representative for the Town of Windsor, stated they would like to ensure dust,
noise, fumes and odors are mitigated. She reiterated the proposed use is not compatible with the
overall land use plan, and mentioned public water and sewer is available, which has a tap on the
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south end of the property. She indicated concern with portable toilets, and restated the request
that stormwater be retained on the site. In response to Commissioner Conway, Ms. Malone
indicated the Town of Windsor is not interested in annexing at this time, unless the applicant
proposed a subdivision.
Chair Moreno closed public input.
• Mr. Sererak explained they have had a portable toilet on the site for four(4) years, and stated
the site is primarily used as a meeting point in the mornings and the employees do not return to
the site until the late afternoon. In response to Commissioner Kirkmeyer regarding the violation,
Mr. Sererak explained the initial violation was due to the landlord allowing storage of cars on the
property, which were not associated with the business. His claim was supported by Mr. Ogle, who
also indicated the vehicles and trailer have since been cleared. In response to Commissioner
Kirkmeyer, Mr. Sererak stated he does not believe the Winters wish to annex, and described the
proposed screening for visual mitigation. In response to Commissioner Conway, Mr. Sererak
stated a letter was received expressing concerns regarding debris, which will be addressed
through screening. In response to Commissioner Kirkmeyer, Mr. Sererak indicated on the map
where the conex containers are located, and stated they have been there over a year.
• In response to Commissioner Cozad, Mr. Frissell clarified the septic use and reiterated
portable toilets are acceptable at this time. In response to Commissioner Cozad, Mr. Sererak
explained the noise that is generated on the site and reiterated the nearest residence is
approximately 450 feet away. Mr. Frissell addressed Commissioner Cozad and explained he
believed the applicant could meet the residential noise standard. In response to Commissioner
Cozad, Ms. Balzano indicated the Department of Public Works was not requiring a drainage
report, due to an exception. After some discussion, Commissioner Freeman proposed deleting
COA #1.A, and in response to Commissioner Cozad, Mr. Sererak explained the portable toilet is
not visible from any residence. In response to Commissioner Kirkmeyer, Mr. Sererak clarified the
access location and indicated the center access is for Mr. Winter's personal use only.
ta In response to Commissioner Kirkmeyer, Mr. Ogle provided the language from the
Coordinated Planning Agreement (CPA) and indicated the screening could meet the standard for
the CPA. He further explained the CPA design standards, and the applicant indicated they had
no problem with the existing lighting. In response to Commissioner Conway, Ms. Balzano
explained the turning radii, the request to narrow the access at the right-of-way, and the width
requirements in the Weld County Code. Commissioner Conway requested further consideration
of allowing a waiver of the width requirements.
In response to Chair Moreno, Mr. Sererak requested the Board and staff clarify tracking
control.
• In response to Commissioner Kirkmeyer regarding compatibility, Mr. Ogle stated staff
recommended denial based on the unfavorable recommendation from the Town of Windsor.
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• Commissioner Cozad mentioned the Town of Windsor's CPA and after further discussion,
Commissioner Kirkmeyer recommended deleting COA #1.A, to be addressed as a Development
Standard, and the Board agreed. She further suggested deleting COA#1.C, D, and E. In response
to Commissioner Kirkmeyer, Ms. Balzano clarified COA #1.G.8 addressed the accesses, and
Commissioner Kirkmeyer suggested added language to ensure the existing west access is
closed. Commissioner Cozad requested deleting COA #1.G.6 in regard to the lighting
incorporating the Dark Sky Policy. In response to Commissioner Cozad, Mr. Sererak clarified
there is no gate on the site and Commissioner Cozad recommended deleting COA #1.G.9.
Commissioner Kirkmeyer recommended deleting language in COA #1.G.13 regarding the
Landscape and Screening Plan.
El In response to Commissioner Conway, Mr. Sererak clarified there will not be more than 12
employees on the site at any one time, and the Board changed DS #4 to state, "The number of
employees shall be limited to twelve (12) onsite at any one time." Commissioner Kirkmeyer
proposed new language as DS#7 regarding the Landscaping and Screening Plan, and requested
deleting DS #8 regarding a Noise Mitigation Plan. She further suggested adding language to
DS #9 regarding the lighting on the site. The Board and staff clarified the lighting found in the
Town of Windsor's CPA and in response to Commissioner Conway, Ms. Balzano stated Weld
County is not requiring any additional tracking control. = Commissioner Kirkmeyer reiterated
adding additional language to DS #20 to include screening of the portable toilet and
recommended changing the noise standard in DS #22 from commercial to residential.
• In response to Chair Moreno, Mr. Sererak indicated he had reviewed, and agrees to abide
by, the Conditions of Approval and Development Standards, as amended.
Commissioner Cozad read into the record and added to finding COA #2.A,
Section 22-2-20.G (A.Goal 7) and Section 22-2-20.G.2 (A.Policy 7.2) and explained the business
has been ongoing and was not a part of the violation. She further added Section 22-2-20.H
(A.Goal 8), and stated there are existing services available that have been in use on the site. She
acknowledged there is sewer close to the property, which could be easily obtainable, if needed,
and mentioned the roadway facilities are adequate.
• Commissioner Kirkmeyer cited Section 23-2-230.B.2 and stated at the present time, no
"Prime" agricultural land is being taken out of production, there are no adverse impacts to
agriculture, and the proposed low impact business promotes agriculture in the area, therefore, it
is compatible with the A (Agricultural) Zone District. Commissioner Cozad requested to
incorporate the Planning Commission findings, and further added to the findings in
Section 23-2-230.B.3 concerning the landscaping and berming the applicant has agreed to put
in, as well as screening of the portable toilet, the lighting on the site, and compatibility with
surrounding land uses. She reiterated it is an existing business, and has been and will continue
to be compatible. Commissioner Kirkmeyer explained the use of the business, and stated it makes
sense to be near to a residential subdivision. She reiterated it is a low-impact business with not
many employees, or any construction. She stated it is compatible with a residential area because
everyone maintains their lawns. el Commissioner Conway, referred to the Town of Windsor's
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referral, which he indicated outdated the CPA. Commissioner Cozad stated the aforementioned
comments by Commissioner Conway can be added to the findings of Section 23-2-230.B.4, and
she included the Board addressed the concerns of the Town of Windsor in the Development
Standards in relation to the design standards. Commissioner Kirkmeyer clarified there is
adherence to the CPA criteria in the Conditions of Approval and Development Standards.
Commissioner Kirkmeyer moved to approve the request of Steven and Carie Winter, c/o
Carters Lawn Care, Inc., for a Site Specific Development Plan and Use by Special Review Permit,
USR18-0072, for Use permitted as a Use by Right, Accessory Use or Use by Special Review in
the Commercial or Industrial Zone Districts (landscape construction and maintenance business),
and more than one conex container utilized for secure storage, 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. The motion was seconded by Commissioner Cozad.
Commissioner Kirkmeyer reiterated the inclusion of the findings from Planning Commission,
findings aforementioned by the Board, and stated the proposed use is compatible with Chapter 22
of the Weld County Code, and other applicable code provisions, or ordinances that are in effect.
She mentioned Commissioner Cozad's comments outlining the Agricultural Goals and Policies,
and stated the proposed use is consistent with Section 23-2-230.6.2, which is the intent of the
Agricultural Zone District as already stated by the Board. She further cited Section 23-2-230.B.3,
and mentioned the Development Standards require the Residential noise standard, landscaping,
and lighting to be consistent with surrounding uses. She cited Section 23-2-230.B.4, and indicated
the Board looked at what was included in the Town of Windsor's Master Plan and mentioned the
Town of Windsor wishes to annex should the approximate 21 acres be developed into a
subdivision. She reiterated the Board is adhering to the CPA criteria and the Town of Windsor's
concerns through the COAs and DSs. Commissioner Kirkmeyer added to Section 23-2-230.B.3-
4, reiterated the portable toilet must be screened and cited Section 23-2-230.B.5, and included
the site does not lie within any overlay districts. She cited Section 23-2-230.6.6 and restated at
the time there is no agricultural production occurring on the site. Lastly, she cited Section 23-2-
230.6.7, and stated there are COAs and DSs to mitigate and protect the health, safety, and
welfare of the inhabitants. Commissioner Cozad agreed with the comments made. There being
no further discussion, the motion carried unanimously, and the hearing was completed at 2:05
p.m.
2018-3640
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HEARING CERTIFICATION - STEVEN AND CARIE WINTER, C/O CARTERS LAWN CARE,
INC. (USR18-0072)
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This Certification was approved on the 17th day of December, 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: datictivC EXCUSED DAY OF APPROVAL
v• �� Ste Moreno, Chair
Weld County Clerk to the Board
r ara Kirkmeyer, Pro,-Tern
BY( ►iljv TC9-t4
Deputy CIerlko the Board � EXCUSED DAY OF APPROVAL
E a Sean P. C nway
APP ED AS •:
� (1/42 ie A. Cozad
ount Attorney w ' 4�
°° �(tjl � Mike Freeman
Date of signature: Z-12-1Q
2018-3640
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