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
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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
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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. Conway, Pro -Tern
2016-1956
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ATTENDANCE LIST
DATE: 7 Lc 1p
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