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HomeMy WebLinkAbout20161956.tiffHEARING CERTIFICATION DOCKET NO. 2016-60 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR16-0012, FOR USES SIMILAR TO THE USES LISTED AS USES BY SPECIAL REVIEW IN THE A (AGRICULTURAL) ZONE DISTRICT (PARKING, STAGING AND STORAGE OF COMMERCIAL VEHICLES AND EQUIPMENT), AS LONG AS THE USE COMPLIES WITH THE GENERAL INTENT OF THE A (AGRICULTURAL) ZONE DISTRICT - ROSA MELINDA CHICAS-ARRIAZA, CIO BULLDOG TRUCKING, LLC A public hearing was conducted on July 6. 2016, at 10:00 a.m.. with the following present: Commissioner Mike Freeman, Chair Commissioner Sean P. Conway, Pro -Tern Commissioner Julie A. Cozad - EXCUSED Commissioner Barbara Kirkmeyer Commissioner Steve Moreno 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 Brown Health Department representative. Lauren Light The following business was transacted: LR I hereby certify that pursuant to a notice dated May 31, 2016, and duly published June 3. 2016. in the Greeley Tribune, a public hearing was conducted to consider the request of Rosa Melinda Chicas-Arriaza. c/o Bulldog Trucking, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR16-0012, for Uses similar to the Uses listed as Uses by Special Review in the A (Agricultural) Zone District (parking. staging and storage of commercial vehicles and equipment), as long as the Use complies with the general intent of the A (Agricultural) Zone District. Bob Choate, Assistant County Attorney, made this a matter of record. Chair Freeman reviewed, for the applicant and the public. the procedures to follow should the case result in a tie vote due to four Commissioners being present and one Commissioner excused. Kim Ogle. Department of Planning Services. presented a brief summary of the proposal, reviewed the location and stated the site is located within the three (3) mile referral area of the City of Greeley, and the City of Greeley's Long Range Expected Growth Area. He reviewed the recommendations and comments provided by the referral response from the City of Greeley. Mr. Ogle stated the property has six (6) surrounding property owners within 500 feet of the property line and no letters of objection have been received. He described the surrounding property uses and the nearest residence and stated the site includes the applicant's home and ex./. f L1 Tt ,E1-1 -1-- 24 - I ( 2016-1956 PL2430 HEARING CERTIFICATION - ROSA MELINDA CHICAS-ARRIAZA. 0/O BULLDOG TRUCKING, LLC (USR16-0012) PAGE 2 the base of operations for the trucking company. Mr. Ogle clarified there are no proposed full- time, on -site employees and up to 17 drivers will access the site on a seasonal basis. He stated 12 referrals were sent out with six (6) offering comments. He displayed images of the site and surrounding properties and entered the favorable recommendation of the Planning Commission into the record as written. Evan Pinkham, Public Works representative, provided a brief overview of the transportation plans and requirements and stated the approved access is from s'F" Street. He reviewed the traffic narrative and indicated approximately five (5) daily round trips, and clarified no tracking control and no Improvements Agreement will be required. In response to Commissioner Kirkmeyer, Mr. Pinkham stated he will research the maintenance responsibilities related to "F" Street. Hayley Brown. Planning Services Engineer representative. presented the drainage and grading requirements and stated the applicant has submitted a drainage narrative which will not increase the imperviousness She clarified the applicant must show interior traffic and parking areas and must maintain the historical flow and run off amounts. Lauren Light, Department of Public Health and Environment. reviewed the water and sewer provisions and stated an individual domestic well provides water to the existing home and there is a septic system sized for two (2) bedrooms. She clarified it is acceptable to use a portable toilet and the well will need to be re -permitted to commercial if it is used in conjunction with the business. Ms. Light clarified that certain Development Standards (DS) have been added regarding requirements based on the possibility of minor maintenance and construction of a garage shop in the future and she stated DS #8 through #16 address typical Environmental Health items. C. , David Skarka, Attorney, represented the applicant and stated the applicant could not be present today: however, Kim Rios. who also lives on the property is available to answer questions. He clarified the traffic narrative should reflect one (1) to five (5) truck trips annually, not daily. Mr. Skarka explained that the trucks leave the property to work on -site and are gone for weeks and/or months at a time before returning. He stated the operation was formed in 2010, and consists of dump trucks being used to haul to construction sites and. since construction can be seasonal. during the winter months, there may be contracts for hauling dirt. Mr. Skarka stated the applicant purchased the property in December of 2014, and her son lives on the property and manages the business. He displayed maps of the historical conditions of the site dating back to 2005. to emphasize the improvements the applicant has made to the property. In response to Commissioner Conway. Mr. Skarka explained the dismissal of the violation was because of the applicant's efforts to correct the matter as soon as possible. Lastly. Mr. Skarka reviewed the consistency and compatibility with the code and surrounding properties. and the applicant's desire to be a good neighbor, which is evidenced by the nearest neighbor submitting a letter of support. No public testimony was offered concerning this matter. In response to Chair Freeman. Mr. Skarka indicated no concerns with the Conditions of Approval and/or Development Standards; however, he reminded the Board that Commissioner 2016-1956 PL2430 HEARING CERTIFICATION - ROSA MELINDA CHICAS-ARRIAZA, C/O BULLDOG TRUCKING. LLC (USR16-0012) PAGE 3 Kirkmeyer had correctly mentioned that Condition of Approval (COA) #1.B.9 needs to state that "F" Street is maintained by the City of Greeley. The Board and staff agreed. Gam` In response to Commissioner Kirkmeyer, Mr. Ogle stated it is standard to request screening when there is outdoor storage of materials or equipment and staff is requesting screening from the dog park to the west. In further response to Commissioner Kirkmeyer, Mr. Skarka verified five (5) truck trips annually and he listed the vehicles to include: 15 dump trucks, one (1) belly dump truck and two (2) semi -trucks. Commissioner Kirkmeyer stated she is not fond of opaque fencing and if there was a neighbor to screen from that would be different but even then a six-foot fence is not going to screen those big vehicles. She suggested deleting COA #1.A and re -letter accordingly. The Board agreed. In further response to Commissioner Kirkmeyer, Ms. Rios stated there is a split rail fence and on the west side of the property there are large bushes and trees. Commissioner Kirkmeyer suggested adding the word "existing' to COA #1.A.5 to specify maintaining the existing landscaping. She also recommended deleting DS #3 regarding the hours of operation due to the low volume of activity on -site. Commissioner Kirkmeyer requested the word "existing" be added to DS #18 to specify existing landscaping. Lastly. she recommended adding some language to DS #19 to delineate the parking of commercial vehicles and equipment being maintained. In response to Chair Freeman, Mr. Skarka, on behalf of the applicant, indicated he has reviewed. and agrees to abide by. the Conditions of Approval and Development Standards, as amended Commissioner Kirkmeyer moved to approve the request of Rosa Melinda Chicas-Arriaza, c/o Bulldog Trucking, LLC, for a Site Specific Development Plan and Use by Special Review Permit. USR16-0012. for Uses similar to the Uses listed as Uses by Special Review in the A (Agricultural) Zone District (parking. staging and storage of commercial vehicles and equipment, as long as the Use complies with the general intent of 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 10:26 a.m. 2016-1956 PL2430 HEARING CERTIFICATION - ROSA MELINDA CHICAS-ARRIAZA. C/O BULLDOG TRUCKING. LLC (USR16-0012) PAGE 4 This Certification was approved on the 11th day of July, 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY. COLORADO ATTEST: W_40,144) j•ok, Weld County Clerk to the Board BY AP u Clerk to the Board County Attorney -� FORM: Date of signature: 1/ Qa / 9O Mike Freeman. Chair Sean P. 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