HomeMy WebLinkAbout20171864.tiffHEARING CERTIFICATION
DOCKET NO. 2017-45
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR17-0006, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(COMMERCIAL TRUCK PARKING) 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 - HECTOR RAMON
FLORES SALGADO AND ROSA RUVALCABA
A public hearing was conducted on June 28, 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, Diana Aungst
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 April 13, 2017, and duly published April 19,
2017, in the Greeley Tribune, a public hearing was conducted to consider the request of Hector
Ramon Flores Salgado and Rosa Ruvalcaba, for a Site Specific Development Plan and Use by
Special Review Permit, USR17-0006, for a Use permitted as a Use by Right, Accessory Use, or
Use by Special Review in the Commercial or Industrial Zone Districts (commercial truck parking)
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.
le Diana Aungst, Department of Planning Services, presented a brief summary of the proposal
and described the location in relation to relevant County Roads and nearest residences. She
reviewed the applicant's intent to park seven (7) commercial trucks, have minor maintenance,
and six (6) employees. She described the hours of operation, maintenance hours, existing
landscaping and clarified there is no new landscaping proposed. Ms. Aungst explained the
application is the result of a Zoning Violation, ZCV16-00130, due to the presence of more than
one (1) commercial vehicle without the proper zoning permits and an approval today will correct
the matter. Ms. Aungst stated 15 referrals were sent out and 12 responses received. She stated
the site is located within the three (3) mile referral area of the City of Greeley, and the
Intergovernmental Agreement Area for the Town of Kersey. She reviewed the referral responses
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(USR17-0006)
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from these municipalities. Ms. Aungst described the adjacent land uses, nearest residences, and
other USRs within one (1) mile of the site and reported receiving one letter from a surrounding
property owner requesting there be no fencing. She entered the favorable recommendation of the
Planning Commission into the record, as written, and displayed images of the site and
surrounding area. In response to Commissioner Kirkmeyer, Ms. Aungst displayed a photo of the
front of the property and explained the proposed fencing that was in question.
• 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,
AP#17-00144, which stipulates to utilize the existing access. He reviewed the average daily traffic
counts, truck percentages and proposed daily round trips and concluded that neither tracking
control nor an Improvements Agreement would be required.
• Hayley Balzano, Planning Services Engineer representative, presented the drainage and
grading requirements and clarified the applicant is not proposing any changes. She reviewed the
Conditions of Approval and Developments Standards relevant to Engineering.
• Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions and stated that the North Weld County Water District provides water and a septic
system provides sewer. She clarified there is a second septic system previously permitted for a
mobile home and, if the applicant decides to use either of these systems for the business, they
will need to have them reviewed by an engineer. Ms. Light stated it is acceptable to use a portable
toilet for the business. She stated there would be minor maintenance on the property to include
the washing of the vehicles, but there will be no fuel storage and Development Standards
(DS) #13-23 address Environmental Health items.
El Brian Bagley, Attorney, represented the applicant and stated he only had two (2) additional
comments to add to the presentation. He clarified the reason for the neighbor objecting to the
fence and explained the use of the commercial trucks.
• No public testimony was offered concerning this matter.
• In response to Chair Cozad, Mr. Bagley indicated they have reviewed, and agree to abide
by, the Conditions of Approval and Development Standards.
• In response to Commissioner Kirkmeyer, Mr. Bagley stated the applicant has been parking
the trucks on -site for about a year. He explained minor maintenance and stated it is on the
application solely for the purpose of full disclosure. He further stated the site is not in the
floodplain.
• In response to Commissioner Moreno, Mr. Bagley explained the hours of operation.
• Commissioner Kirkmeyer recommended deleting Condition of Approval (COA) #1.A,
changing Development Standard #3 to reflect "minor" maintenance, including Saturdays, and
delete the word "screening" from DS #7. The Board agreed.
2017-1864
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HEARING CERTIFICATION - HECTOR RAMON FLORES SALGADO AND ROSA RUVALCABA
(USR17-0006)
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El Chair Cozad suggested amending COA #1.B.6 to read, "The map shall delineate the existing
landscaping." The Board further agreed to delete COA #1.B.10 and 11. After further discussion,
the Board agreed to allow the applicant to increase the maximum number of employees to
twelve (12).
Ms. Aungst clarified there is a small portion of the northern half of the site which is in the
500 -year floodplain, but that particular type of floodplain is not regulated by the County.
▪ Chair Cozad reviewed the changes.
▪ In response to Chair Cozad, Mr. Bagley indicated they agree to abide by the Conditions of
Approval and Development Standards, as amended.
• Commissioner Kirkmeyer moved to approve the request of Hector Ramon Flores Salgado
and Rosa Ruvalcaba for a Site Specific Development Plan and Use by Special Review Permit,
USR17-0006, for a Use permitted as a Use by Right, Accessory Use, or Use by Special Review
in the Commercial or Industrial Zone Districts (commercial truck parking) 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 Conway, and it carried unanimously. There being no further
discussion, the hearing was completed at 11:27 a.m.
This Certification was approved on the 5th day of July, 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: datit+6/ .14140;&k.
Weld County Clerk to the Board
BY:
arbara Kirkmeyer /
County A orney
Date of signature: 7 I a5! 17
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Julie A. Cozad, Chair
Steve Moreno, Pro-Tem
Sean P. Conway
key Freeman
2017-1864
PL2476
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