HomeMy WebLinkAbout20173541.tiffHEARING CERTIFICATION
DOCKET NO. 2017-85.B
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR17-0036, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(STEEL FABRICATION) 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
AND MATERIALS PROCESSING FACILITIES INCLUDING OIL AND GAS SUPPORT
AND SERVICE (ROUST A BOUT) IN THE A (AGRICULTURAL) ZONE DISTRICT -
DUSTY AND KARRIE THOMAS
A public hearing was conducted on December 6, 2017, at 10:00 a.m., with the following present:
Commissioner Julie A. Cozad, Chair
Commissioner Steve Moreno, Pro -Tern
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, Kim Ogle
Public Works Department representative, Evan Pinkham
Planning Services Engineer representative, Hayley Balzano
Health Department representative, Ben Frissell
The following business was transacted:
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 8, 2017,
to consider the request of Dusty and Karrie Thomas, for a Site Specific Development Plan and
Use by Special Review Permit, USR17-0036, for any Use permitted as a Use by Right, Accessory
Use or Use by Special Review in the Commercial or Industrial Zone Districts (steel fabrication)
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 and materials processing
facilities including oil and gas support and service (Roust -a -bout) in the A (Agricultural) Zone
District, at which time the Board deemed it appropriate to continue the matter to December 6,
2017, to allow the applicant adequate time to present to Planning Commission, which was
continued to November 7, 2017. On December 6, 2017, Bob Choate, Assistant County Attorney,
made this a matter of record.
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal,
stated the location of the site in relation to relevant County roads and reported the site is not within
the three (3) mile referral area of any municipality, nor in any Intergovernmental Agreement Area
or Coordinated Planning Agreement Area. He described the site, adjacent land uses, and
proximity to the nearest neighbor and stated staff received one (1) letter from an attorney
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representing Mr. John Moser, the adjacent Dairy owner, explaining his client is not in opposition,
but cited concerns regarding increased traffic and reminded the applicant to be aware of all
aspects of the existing dairy operation. Mr. Ogle asserted the applicant is proposing a two (2) lot
Recorded Exemption resulting in the residence remaining on Lot A and the proposed steel
fabrication and roust -a -bout business being located on Lot B. He clarified the business will
encompass approximately five (5) acres and the rest of the property will remain in non -irrigated
range land. Mr. Ogle stated the applicant will vacate USR16-0078, once this USR is approved.
He reported staff sent out 15 referrals and received six (6) responses with comments that have
been considered in the Conditions of Approval and Development Standards. In response to Chair
Cozad, Mr. Ogle stated the nearest residence is located about a half mile from the proposed use.
He displayed photos 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 not been approved yet.
He reviewed the average daily traffic counts to include truck percentages and stated the applicant
is proposing 70 round trips daily for passenger vehicles, 30 round trips for 1.5 ton trucks, and four
(4) daily round trips for dump trucks. Mr. Pinkham stated based on the proposed traffic, the
Department of Public Works is requiring both an Improvements Agreement and tracking control.
Hayley Balzano, Planning Services Engineer representative, presented the drainage and
grading requirements, stating the applicant has submitted both a drainage narrative and drainage
variance request that have been approved. She reported the required water quality feature was
included in the design and she reviewed the Conditions and Development Standards related to
Engineering.
• Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer
provisions, stating the application materials proposed up to ten (10) full-time on -site employees
with additional employees accessing the site for short periods of time. He clarified portable toilets
and bottled water are acceptable for employees that are on -site for two (2) or less hours per day
and that a commercial well and septic system will be installed for the full-time employees.
Mr. Frissell reported Development Standards (DS) #13-23 as typical to Environmental Health.
• Tim Naylor, AGPROfessionals, represented the applicant and reviewed the request in light
of the existing business moving to this new location. He described the proposed site plan,
reiterated the details presented by staff, and requested tracking control be allowed on the site.
Mr. Naylor reviewed the application compliance specific to the Code requirements. In response
to Commissioner Kirkmeyer, he clarified the site does not encroach on or cross the Farmer's
Reservoir and Irrigation Company (FRICO) ditch. In response to Commissioner Moreno,
Mr. Naylor clarified the number of on -site and off -site employees.
• No public testimony was offered concerning this matter.
• In response to Commissioner Conway, Mr. Naylor clarified there is no landscaping on the
site because the water for irrigation is not available. Mr. Ogle confirmed there is no landscaping
on the site, as it consists of dry land prairie, and his only recommendation was to ensure the
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disturbed areas are reseeded and maintained to prevent an issue with erosion. Chair Cozad
suggested deleting Condition of Approval (COA) #1.F.5 and the related Development Standard
(DS) #7. Commissioner Kirkmeyer recommended deleting COA #1.B. The Board discussed COA
#1.C with staff and the applicant and decided to leave it as is. In response to Chair Cozad, Mr.
Pinkham explained the tracking control requirement as either a tracking control device and 100
feet of asphalt, or 300 feet of asphalt. He stated this situation is different because of the
unmaintained section right-of-way and offered instead of asphalt, the tracking control could
include recycled road base. Mr. Naylor stated Mr. Thomas maintains the road because he has
the equipment. After further discussion, the Board agreed to the aforementioned changes.
la Chair Cozad reviewed the revisions for the applicant. In response to Chair Cozad, Mr. Naylor,
on behalf of Dusty and Karrie Thomas, indicated they have reviewed, and agree to abide by, the
Conditions of Approval and Development Standards, as amended.
la Commissioner Conway moved to approve the request of Dusty and Karrie Thomas, for a
Site Specific Development Plan and Use by Special Review Permit, USR17-0036, for any Use
permitted as a Use by Right, Accessory Use or a Use by Special Review in the Commercial or
Industrial Zone Districts (steel fabrication) 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 and materials processing facilities including oil and gas support and
service (Roust -a -bout) 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. There being no further discussion, the hearing was
completed at 11:10 a.m.
This Certification was approved on the 11th day of December, 2017.
BOARD OF COUNTY COMMISSIONERS
ATTEST: ditAgiv 4elazo:ei
Weld County Clerk to the Board
Deputy Clerk (tb the Board
Date of signature: 0 I'! o 18
WELD CONTY, COLORADO
/
Jug -A. Cozad, Chair
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Steve Moreno, Pro -Tern
arbara Kirkmeyer,
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