HomeMy WebLinkAbout20173813.tiffHEARING CERTIFICATION
DOCKET NO. 2017-91.B
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR17-(?041, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (STORAGE, MAINTENANCE AND REPAIR OF EXCAVATION
EQUIPMENT) 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 - MATTHEW AND CARRIE CARROLL, DBA
CARROLL EXCAVATION AND REPAIR, INC.
A public hearing was conducted on December 20, 2017, at 10:00 a.m., with the following present:
Commissioner Julie A. Cozad, Chair
Commissioner Steve Moreno, Pro -Tern
Commissioner Sean P. Conway - EXCUSED
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
Acting Clerk to the Board, Stephanie Frederick
Summarized from Audio, Tisa Juanicorena
Assistant County Attorney, Bob Choate
Planning Services Department representative, Kim Ogle
Public Works Department representative, Evan Pinkham
Planning Services Engineer representative, Hayley Balzano
Health Department representative, Ben Frissell
The following business was transacted:
la I hereby certify that pursuant to a notice dated October 11, 2017, and duly published
October 16, 2017, in the Greeley Tribune, a public hearing was conducted on November 22, 2017,
to consider the request of Matthew and Carrie Carroll, dba Carroll Excavation and Repair, Inc.,
for a Site Specific Development Plan and Use by Special Review Permit, USR17-0041, for any
Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial
or Industrial Zone Districts (storage, maintenance and repair of excavation equipment) 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 appropriate to continue the matter to December 20,
2017, at 10:00 a.m. Bob Choate, Assistant County Attorney, made this a matter of record.
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and
stated the site is located in the three (3) mile referral area of the Towns of Ault and Eaton, and
the Intergovernmental Agreement Area of the Town of Ault. He reviewed the referral responses
from these jurisdictions and described the adjacent land uses to include the Eaton Ditch and
nearby residences. Mr. Ogle reported staff had received several inquiries from surrounding
property owners concerning this application, and there are five (5) property owners on five (5)
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2017-3813
PL2504
HEARING CERTIFICATION - MATTHEW AND CARRIE CARROLL, DBA CARROLL
EXCAVATION AND REPAIR, INC. (USR17-0041)
PAGE 2
parcels within 500 feet of the site. He stated the applicant held a community meeting on May 26,
2017. He reviewed the proposed uses on the site, number of employees, hours of operation, and
style of fencing. Mr. Ogle reported this case is the result of an active Zoning Violation,
ZCV17-00098, due to the storage and parking of commercial vehicles, equipment and supplies
without obtaining the proper permits. He explained the approval of the case will correct the matter;
however, if it is denied, the applicant will have 30 days to remove the business from the property
or face legal consequences. Mr. Ogle stated 15 referrals were sent out, with three (3) responses
offering comments, which have been considered in the staff recommendations. He entered the
favorable recommendation of the Planning Commission into the record as written.
ka Chair Cozad reviewed, for the applicants and the public, the procedures to follow should the
case result in a tie vote due to four Commissioners being present and Commissioner Conway
being excused.
• Mr. Ogle displayed images of the site and surrounding property.
▪ Evan Pinkham, Department of Public Works representative, provided a brief overview of the
transportation plans and requirements. He stated the access for the site is along County Road
(CR) 80 which is a local gravel road. Mr. Pinkham provided the most recent average daily traffic
counts to include truck percentages and stated staff is not requiring tracking control; however, an
Improvements Agreement is required.
• Hayley Balzano, Planning Services Engineer representative, presented the drainage and
grading requirements, stating the applicant has submitted a preliminary drainage report; however,
a final drainage report to include a variance request for the proposed retention ponds will be
required prior to recording the plat. She explained water will be pumped from one of the retention
ponds into the Larimar and Weld Irrigation Company within 72 hours of the end of a storm event.
She further explained the applicants will install a 15 -inch culvert, from the retention pond to the
ditch, as an emergency overflow measure and she clarified the ditch company submitted approval
of these uses. Ms. Balzano reviewed the relevant Development Standards related to Engineering.
IR Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer
provisions. He stated currently there are four (4) employees, including the owner, with future plans
to allow up to ten (10) employees as the company grows. Mr. Frissell reported water service is
provided by the North Weld County Water District and a residential septic system services the
shop. He clarified that if the existing residential septic will be utilized by the business, the applicant
will be required to have the system reviewed by an engineer. He stated portable toilets and bottled
water are acceptable, as long as the County policy is followed. Mr. Frissell stated Development
Standards (DS) #7-18 address typical Environmental Health items.
IR Carrie Carroll, applicant, stated she and Mr. Matthew Carroll, her husband and co -applicant,
want to rezone their property from Agricultural to Commercial to allow the business staging and
be able to use the existing site and building "as is". Chair Cozad clarified, based on the application,
this is not a rezoning proposal but a request for a Use by Special Review Permit, that would allow
them to use their A (Agricultural) land for the business.
2017-3813
PL2504
HEARING CERTIFICATION - MATTHEW AND CARRIE CARROLL, DBA CARROLL
EXCAVATION AND REPAIR, INC. (USR17-0041)
PAGE 3
• Corey Houchin, surrounding property owner (SPO), stated he is adjacent to the east of the
Carroll's property and he voiced concerns about the runoff water management crossing CR 80
and he believes approval of this application will change the historical water flow between the
three (3) properties south of CR 80. He reported discussions among neighbors had transpired
prior to any construction on Mr. Carroll's property discussing the water flow issues. He affirmed
the engineered plans for the retention and release of water on the Carroll property address the
responsibility of the Carroll's, but there are other issues that need to be addressed by the County
to completely correct these problems, as the historical water patterns have been altered.
Mr. Houchin expressed his frustration that since the Carroll's built their shop, his basement has
flooded three (3) times and it had never flooded before that since taking ownership in 2001. He
requested Weld County take an active approach and provide proper drainage along CR 80 to
mitigate the runoff issue for all involved.
12 Michael Myers, SPO, stated he has no objection to the Carroll's proposed use; however, he
stressed he would like to see the County install drainage culverts to help improve the issues with
the drainage. He explained that when the field from the north floods, the water runs across the
road and floods all three (3) properties, as mentioned by Mr. Houchin.
el Mr. Carroll addressed the comments regarding the drainage issue and stated he can control
the runoff that comes from his property, but he can't control the runoff that comes across CR 80.
He explained the measures he has taken to better control the runoff from his property and once
he had permission from the ditch company to install a culvert, he did. Mr. Carroll attested that
Mr. Houchin does not have the proper drainage on his property and will need to take some
measures of his own and he reported that Mr. Houchin's basement began flooding when they
installed the egress windows which are lower than the prior windows.
el In response to Chair Cozad, Ms. Balzano stated the preliminary drainage report meets the
County requirements to move forward; however, she confirmed the applicant is required to submit
a final drainage report before the plat can be recorded.
• In response to Commissioner Kirkmeyer, Mr. Carroll described his equipment to include
two (2) pick-up trucks, one (1) large truck, one (1) large boom truck, one (1) back hoe, one (1)
skid loader, one (1) excavator, one (1) large wheel trencher and several trailers to haul equipment.
• Commissioner Kirkmeyer suggested amending Condition of Approval (COA) #1.6 to remove
the words, "..., specified haul routes and future traffic triggers for improvements..." The Board
agreed. She further recommended changing COA #1.C.10 to read, "Identify the parking and
storage areas." Commissioner Freeman suggested deleting COA #5.A. The Board accepted the
aforementioned changes.
CE In response to Commissioner Kirkmeyer, Mr. Carroll explained the "in case of municipal
emergency" on DS #3, after which Commissioner Freeman recommended deleting the entire
Development Standard. Commissioner Kirkmeyer suggested amending DS #4 to read, "The
existing parking area on the site shall be maintained."The Board agreed with these amendments.
2017-3813
PL2504
HEARING CERTIFICATION - MATTHEW AND CARRIE CARROLL, DBA CARROLL
EXCAVATION AND REPAIR, INC. (USR17-0041)
PAGE 4
• Mr. Choate stated since USR Permits are transferrable, he suggested using a more generic
description of the business to alleviate any problems with changes in the future. He suggested
replacing the reference in parentheses in the title and description that reads, (Carroll Excavation
and Repair Inc.), with (storage, maintenance and repair of excavation equipment). The Board
concurred with the suggested change.
• In response to Commissioner Moreno, Mr. Carroll stated he has three (3) employees.
Chair Cozad reviewed the changes for the applicants.
• In response to Commissioner Freeman, Mr. Pinkham stated the Access Permit will be issued
after approval of the USR application.
• In response to Chair Cozad, Mr. Carroll 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 Matthew and Carrie Carroll, dba
Carroll Excavation and Repair, Inc., for a Site Specific Development Plan and Use by Special
Review Permit, USR17-0041, for any Use permitted as a Use by Right, Accessory Use, or Use
by Special Review in the Commercial or Industrial Zone Districts (storage, maintenance, and
repair of excavation equipment) 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 Freeman,
and it carried unanimously. There being no further discussion, the hearing was completed at
10:36 a.m.
2017-3813
PL2504
HEARING CERTIFICATION - MATTHEW AND CARRIE CARROLL, DBA CARROLL
EXCAVATION AND REPAIR, INC. (USR17-0041)
PAGE 5
This Certification was approved on the 27th day of December 2017.
ATTEST: ddM44) X.0;04.
Weld County Clerk to the Board
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Julie A. ozad, Chair
f2t€.-u%.>
Steve Moreno, Pro -Tern
EXCUSED
Sean P. Conway
APPR-O , ED A" *" �� EXCUSED DATE OF APPROVAL
'ri Mike Freeman
County Attorney
arbara Kirkmeyer
Date of signature: Ah(ghP
2017-3813
PL2504
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