HomeMy WebLinkAbout20172791.tiffHEARING CERTIFICATION
DOCKET NO. 2017-64
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR17-0019, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (COMMERCIAL TREE SERVICE AND FIREWOOD BUSINESS AND THE
PARKING OF TRUCKS ASSOCIATED WITH THE BUSINESS) 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 - JOSE
AND ALMA MENJIVAR
A public hearing was conducted on August 16, 2017, at 10:00 a.m., with the following present:
Commissioner Julie A. Cozad, Chair
Commissioner Steve Moreno, Pro-Tem
Commissioner Sean P. Conway - EXCUSED
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
Acting Clerk to the Board, 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, Lauren Light
The following business was transacted:
El I hereby certify that pursuant to a notice dated July 14, 2017, and duly published July 19,
2017, in the Greeley Tribune, a public hearing was conducted to consider the request of Jose and
Alma Menjivar, for a Site Specific Development Plan and Use by Special Review Permit,
USR17-0019, for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review
in the Commercial or Industrial Zone Districts (commercial tree service and firewood business
and the parking of trucks associated with the business) 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. Bob Choate, Assistant
County Attorney, made this a matter of record.
El Chair Cozad reviewed, for the applicant and the public, the procedures to follow should this
case result in a tie vote due to four Commissioners being present and one Commissioner
excused.
El 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 Town of Kersey, and Cities
of Evans and Greeley, and he reviewed the referral responses from these municipalities. He
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described the surrounding properties as agricultural with some residential and noted other USRs.
Mr. Ogle stated the applicant invited neighbors within 500 feet of the property to a community
meeting and no one attended. He reported no correspondence has been received in objection to
this application and he described the tree service operation and the active zoning violation
(ZCV16-00140) due to parking of commercial vehicles and storage of firewood and mulch without
the appropriate zoning permit. Mr. Ogle stated 16 referrals were sent out and staff received five
(5) responses with comments. He displayed images and reviewed the favorable recommendation
of the Planning Commission into the record as written. In response to Chair Cozad, Mr. Ogle
clarified the welding shop is located adjacent and to the west of the site.
El Evan Pinkham, Department of Public Works, provided a brief overview of the transportation
plans and requirements and stated an Access Permit, AP17-00229, has been approved and
stipulates to utilize existing access points. Mr. Pinkham provided the average daily traffic counts
for relevant County roads and stated the application indicated 20 daily round trips; therefore, the
Department of Public Works is requiring tracking control but no Improvements Agreement unless
the Board stipulates otherwise.
• Hayley Balzano, Planning Services Engineer representative, stated the site does qualify for
a drainage exception, and only 2,200 square feet of gravel may be added. She stipulated any
buildings added must replace existing buildings and she provided the relevant Conditions of
Approval and Development Standards related to Engineering.
• Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions and stated portable toilets are acceptable for the business. She reported there is an
existing home on the site, with water service provided by the Central Weld County Water District
(CWCWD) and with an unpermitted septic, which the applicants had inspected and submitted a
statement of existing in March. Ms. Light clarified that if the current system is to be used for the
business, it will need to be permitted and reviewed by an engineer; however, the applicant did
indicate they will be putting in a new system when they construct the building. She stated
Development Standards (DS) #9-17 address typical Environmental Health items.
• Sheri Lockman, Lockman Land Consulting, LLC, represented the applicant and stated she
does not have much to add to the presentation and that the applicants are present.
• No public testimony was offered concerning this matter.
• In response to Chair Cozad, Ms. Lockman on behalf of Jose and Alma Menjivar indicated
they have reviewed, and agree to abide by, the Conditions of Approval and Development
Standards. Ms. Lockman interjected the applicant, in their effort to please the neighbors and the
Board, went ahead and put the gravel in for tracking control and installed a mesh fence that looks
very nice and there have been no complaints from the neighbors. She requested the Board accept
the fence and she will change the plat to reflect their acceptance of the existing fence.
In response to Commissioner Kirkmeyer, Ms. Lockman explained it is difficult to differentiate
the Conditions that have been addressed and the Conditions that need to be addressed. Chair
Cozad stated it is important to leave these items. In further response to Commissioner Kirkmeyer,
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HEARING CERTIFICATION - JOSE AND ALMA MENJIVAR (USR17-0019)
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Ms. Lockman stated the gravel is adequate tracking control, and she reviewed the number and
types of vehicles stored on -site.
• Jose Menjivar, applicant, explained a boon truck and further explained the number of and
types of trucks.
• Commissioner Kirkmeyer suggested a change to DS #19, to read, "The access to the site
shall be maintained to mitigate any impacts to the public road." In response to Commissioner
Kirkmeyer, Mr. Menjivar explained the reason work may occasionally extend past regular working
hours.
• In response to Commissioner Kirkmeyer, Mr. Ogle pointed out DS #7 addresses the existing
landscaping and screening.
• Chair Cozad reviewed all of the proposed changes for the applicant
• In response to Chair Cozad, Ms. Lockman on behalf of Jose and Alma Menjivar indicated
they have reviewed, and agree to abide by, the Conditions of Approval and Development
Standards, as amended.
• Commissioner Kirkmeyer thanked the applicant for working with the neighbors and moved
to approve the request of Jose and Alma Menjivar for a Site Specific Development Plan and Use
by Special Review Permit, USR17-0019, for any Use permitted as a Use by Right, Accessory
Use, or Use by Special Review in the Commercial or Industrial Zone Districts (commercial tree
service and firewood business and the parking of trucks associated with the business) 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 Moreno, and it carried unanimously. There being no
further discussion, the hearing was completed at 10:36 a.m.
2017-2791
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HEARING CERTIFICATION - JOSE AND ALMA MENJIVAR (USR17-0019)
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This Certification was approved on the 21st day of August, 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLA ADO
ATTEST:
Weld County Clerk to the Board
BY:
Deputy CI
APP
County Attorney
Date of signature:
. Cozad, Chair
EXCUSED DATE OF APPROVAL
Steve Moreno, Pro -Tern
CUSED
n P. Conway
arbara Kirkmeyer
2017-2791
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