HomeMy WebLinkAbout20172958HEARING CERTIFICATION
DOCKET NO. 2017-70
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR17-0029, FOR A HOME BUSINESS (PARKING AND STAGING OF TRUCKS,
TRAILERS AND EQUIPMENT FOR A LANDSCAPE BUSINESS) IN THE
A (AGRICULTURAL) ZONE DISTRICT - LOWELL THREE, LLC, CIO BERT GARCIA,
PRO LAWN LANDSCAPING, LLC
A public hearing was conducted on September 6, 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:
I hereby certify that pursuant to a notice dated July 28, 2017, and duly published August 2,
2017, in the Greeley Tribune, a public hearing was conducted to consider the request of Lowell
Three, LLC, c/o Bert Garcia, Pro Lawn Landscaping, LLC, for a Site Specific Development Plan
and Use by Special Review Permit, USR17-0029, for a Home Business (parking and staging of
trucks, trailers and equipment for a landscape business) in the A (Agricultural) Zone District. Bob
Choate, Assistant County Attorney, made this a matter of record.
el Chris Gathman, Department of Planning Services, presented a brief summary of the
proposal to park and stage trucks and equipment for a landscaping business. He stated the
applicant's intent to have up to four (4) employees and to access up to four times daily through
the access that crosses property owned by the applicant. He reported this case to be the result
of a Zoning Violation, ZCV17-00004, due to the operation of a landscaping company without the
proper permits. Mr. Gathman stated the site is located near three single family residences north
of the subdivision. He reported staff sent out 15 referrals and received ten (10) responses
indicating no concerns or submitting comments that have been considered by staff. He displayed
images of the site and surrounding views and entered the favorable recommendation of the
Planning Commission into the record as written.
Evan Pinkham, Department of Public Works representative, provided a brief overview of the
transportation plans and requirements and stated an Access Permit has been approved,
AP17-00337, stipulating to utilize the existing accesses. He provided the average daily traffic
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2017-2958
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HEARING CERTIFICATION - LOWELL THREE, LLC, C/O BERT GARCIA, PRO LAWN
LANDSCAPING, LLC (USR17-0029)
PAGE 2
counts and stated the traffic narrative indicated up to four (4) daily trips and there is no tracking
control or Improvements Agreement required.
• Hayley Balzano, Planning Services Engineer representative, presented the drainage and
grading requirements and stated the applicant is not changing imperviousness, the site is
excepted from the requirement for a drainage report and detention pond design. She reviewed
the relevant Conditions of Approval and Development Standards.
Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions and stated portable toilets are allowed and there is an existing domestic well and an
unpermitted septic, both serve the residence. She clarified the septic will need a statement of
existing and an inspection performed and the results submitted to the Department of
Environmental Health. Ms. Light stated DS #9-17 include items typical to Environmental Health.
• Bert Garcia, applicant, stated he found a career he enjoys that helps people.
• No public testimony was offered concerning this matter.
• In response to Commissioner Conway, Mr. Garcia stated he is not interested in growing the
business. Commissioner Kirkmeyer suggested amending DS #5 to read, "Total vehicles
associated with the business will be limited to six (6), including dump trucks, flatbed trucks, dually
trucks and 4x4 trucks." In further response to Commissioner Conway, Mr. Gathman pointed out
the proposed parking area. After further discussion, the Board agreed to delete DS #6 and #3,
and Conditions of Approval (COA) #1.B and #1.C.
• In response to Chair Cozad, Mr. Garcia indicated he has reviewed, and agrees to abide by,
the Conditions of Approval and Development Standards, as amended.
• Commissioner Kirkmeyer requested clarification for DS #4. Commissioner Freeman
suggested in increase to eight (8) employees. The Board agreed. Chair Cozad reviewed the
changes for the applicant.
• In response to Chair Cozad, Mr. Garcia again indicated he has reviewed, and agrees to
abide by, the Conditions of Approval and Development Standards, as amended.
• Commissioner Moreno moved to approve the request of Lowell Three, LLC, c/o Bert Garcia,
Pro Lawn Landscaping, LLC, for a Site Specific Development Plan and Use by Special Review
Permit, USR17-0029, for a Home Business (parking and staging of trucks, trailers and equipment
for a landscape business) 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
Kirkmeyer, and it carried unanimously. Chair Cozad offered her appreciation to the applicant and
encouraged him to be a good neighbor. Commissioner Conway also thanked the applicant and
2017-2958
PL2489
HEARING CERTIFICATION - LOWELL THREE, LLC, C/O BERT GARCIA, PRO LAWN
LANDSCAPING, LLC (USR17-0029)
PAGE 3
expressed his appreciation for the applicant's involvement in the community. There being no
further discussion, the hearing was completed at 10:42 a.m.
This Certification was approved on the 11th day of September, 2017.
BOARD OF COUNTY COMMISSIONERS
WELD CONTY, COLORJADO
ATTEST: ddrAgiv �to:tok,
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
APPROV D AS TO FORM'
, County
Date of signature: (Oita
Joozad, Chair
Sean P. Conway
arbara Kirkmeyer
Steve Moreno, Pro-Tem
2017-2958
PL2489
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