HomeMy WebLinkAbout20170127HEARING CERTIFICATION
DOCKET NO. 2017-03
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR16-0036, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (PARKING AND STAGING OF TRUCKS AND EQUIPMENT, ALONG WITH
MINOR TRUCK AND EQUIPMENT MAINTENANCE AND AN OFFICE ASSOCIATED
WITH A TRUCKING COMPANY) PROVIDED THAT THE PROPERTY IS NOT A LOT IN
AN APPROVED OR RECORDED PLAT OR PART OF A MAP OR PLAN FILED PRIOR
TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE
A (AGRICULTURAL) ZONE DISTRICT - DENISE TOLMICH AND JUAN RAMIREZ
A public hearing was conducted on January 11, 2017, at 10:00 a.m., with the following present:
Commissioner Julie A. Cozad, Chair
Commissioner Steve Moreno, Pro-Tem
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
Acting Clerk to the Board, Tisa Juanicorena
Assistant County Attorney, Bob Choate
Planning Services Department representative, Chris Gathman
Public Works Department representative, Evan Pinkham
Planning Services Engineer representative, Hayley Balzano
Health Department representative, Lauren Light
The following business was transacted:
El I hereby certify that pursuant to a notice dated December 2, 2016, and duly published
December 7, 2016, in the Greeley Tribune, a public hearing was conducted to consider the
request of Denise Tolmich and Juan Ramirez, for a Site Specific Development Plan and Use by
Special Review Permit, USR16-0036, for any Use permitted as a Use by Right, Accessory Use,
or Use by Special Review in the Commercial or Industrial Zone Districts (parking and staging of
trucks and equipment, along with minor truck and equipment maintenance and an office
associated with a trucking company) provided that the property is not a lot in an approved or
recorded plat or part of a map or plan filed prior to adoption of any regulations controlling
subdivisions in the A (Agricultural) Zone District. Bob Choate, Assistant County Attorney, made
this a matter of record.
Chris Gathman, Department of Planning Services, presented a brief summary of the
proposal and reviewed the number of vehicles to be parked, number of employees, on -site
buildings to include an office, minimal vehicle maintenance, and the availability of an on -site
portable toilet for employees. He stated the applicant will utilize a joint access easement off of
CR 10, for Lot B of Recorded Exemption, RE -2448, and Lots A and D of REXC11-0007, which
does not limit the use of the access. Mr. Gathman described the property site in relation to the
nearest single-family residences, one of which shares the access with the applicant, and stated
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HEARING CERTIFICATION - DENISE TOLMICH AND JUAN RAMIREZ (USR16-0036)
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staff did not receive any correspondence in objection to the application. He presented the
mitigation recommendations regarding screening and stated the site is within the three (3) mile
referral area of the Cities of Brighton and Fort Lupton and the Town of Lochbuie. He reported the
City of Fort Lupton presented the potential for annexation and the applicant provided an email
response stating they do not wish to annex at this time. Mr. Gathman stated there was no referral
response from the other municipalities. He reported 16 referrals were sent out with ten (10)
responses received. He displayed images of the site and surrounding properties and entered the
favorable recommendation of the Planning Commission into the record as written. In response to
Chair Cozad, Mr. Gathman pointed out the access on the map and further explained the shared
access.
Evan Pinkham, Department of Public Works representative, provided a brief overview of the
transportation plans and requirements stating an Access Permit has been approved for a small
commercial access off of CR 10, AP#16-00485. He reviewed the average daily traffic counts and
stated there is no tracking control or Improvements Agreement required at this time.
Chris Gathman on behalf of Hayley Balzano, Planning Services Engineer representative,
presented the drainage and grading requirements and he stated that a drainage narrative has
been submitted. He reviewed the relevant Conditions and Development Standards.
Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions stating there is an existing domestic well and septic system for the house on -site and
a portable toilet has been approved for employee usage. She stated that if the existing well were
to be used for the business in the future, it would need to be converted to a commercial well
permit. Ms. Light stated Development Standards (DS) #10-18 represent Environmental Health
items.
El Denise Tolmich and Juan Ramirez, applicants and co -owners of the business, stated they
began this venture due to having a child with special needs and their desire to ensure their child
is taken care of. They explained it has been a long journey.
El No public testimony was offered concerning this matter.
El In response to Commissioner Moreno, Mr. Ramirez explained the work is done off -site and
they alternate using certain equipment that is stored on -site which is why there are more trucks
than employees. Ms. Tolmich stated the neighbors approached them and welcomed them to the
neighborhood and they have received only positive support. She explained they wanted to do
things right as far as the application and permit process.
In response to Commissioner Kirkmeyer, Ms. Tolmich pointed out the parking area on the
map and explained it already has gravel. In response to Commissioner Moreno, Ms. Tolmish
described the various ground covering on the property. In further response to Commissioner
Kirkmeyer, Ms. Tolmich stated they plan to plant some trees. In response to Chair Cozad,
Ms. Tolmich stated the only request they have received from the neighbors has been to keep the
speed down. In response to Commissioner Kirkmeyer, Ms. Tolmich pointed out the closest
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neighbor on the map in relation to the truck parking area. Commissioner Kirkmeyer recommended
deleting Condition of Approval (COA) #1.A.4 and Development Standard (DS) #9. Commissioner
Freeman suggested deleting DS #3 regarding the hours of operation. The Board agreed to the
changes.
In response to Chair Cozad, Mr. Ramirez explained the drainage ditch that separates the
two (2) roads and how he plans to install reflectors to help at night. Ms. Tolmich stated the section
they use for access is only used by them.
El In response to Chair Cozad, Mr. Ramirez and Ms. Tolmich indicated they have reviewed,
and agree to abide by, the Conditions of Approval and Development Standards, as amended.
Commissioner Moreno moved to approve the request of Denise Tolmich and Juan Ramirez,
for a Site Specific Development Plan and Use by Special Review Permit, USR16-0036, for any
Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial
or Industrial Zone Districts (parking and staging of trucks and equipment, along with minor truck
and equipment maintenance and an office associated with a trucking company) provided that the
property is not a lot in an approved or recorded 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 Conway. Commissioner Kirkmeyer expressed her support and appreciation for the
applicants having their business in Weld County and she informed them of the Small Business
Incentive Program. Commissioner Conway also expressed his appreciation for the applicant and
wished them the best of luck. Commissioner Moreno thanked the applicant for doing things right
and offered comments of support. Chair Cozad concurred with all the comments made.
There being no further discussion, the motion carried unanimously and the hearing was
completed at 11:18 a.m.
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HEARING CERTIFICATION - DENISE TOLMICH AND JUAN RAMIREZ (USR16-0036)
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This Certification was approved on the 16th day of January, 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dit444) C jeL;(1
Weld County Clerk to the Board
BY a.
uty Clerk to the Board
APPI .OAS
unty Attorney
Date of signature: Q«30/ U7
Cozad, Chair
Steve Moreno, Pro-Tem
EXCUSED DATE OF APPROVAL
Sean P. Conway
arbara Kirkmeyer
2017-0127
PL2454
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