HomeMy WebLinkAbout20160744.tiff HEARING CERTIFICATION
DOCKET NO. 2016-21.B
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR15-0075, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(CONSTRUCTION BUSINESS WITH AN OFFICE, MAINTENANCE SHOP,
WAREHOUSE, OUTDOOR WASH BAY, FUELING STATION AND OUTDOOR
STORAGE) IN THE A (AGRICULTURAL) ZONE DISTRICT - WELD LV, LLC, C/O
GERRARD INVESTMENTS, LLC
A public hearing was conducted on March 9, 2016, at 10:00 a.m., with the following present:
Commissioner Mike Freeman, Chair
Commissioner Sean P. Conway, Pro-Tem
Commissioner Julie A. Cozad
Commissioner Barbara Kirkmeyer
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Tisa Juanicorena
Assistant County Attorney, Bob Choate
Planning Services Department representative, Diana Aungst
Planning Services Engineer representative, Wayne Howard
Public Works Department representative, Janet Lundquist
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated February 5, 2016, and duly published
February 10, 2016, in the Greeley Tribune, a public hearing was conducted to consider the
request of Weld LV, LLC, c/o Gerrard Investments, LLC, for a Site Specific Development Plan
and Use by Special Review Permit, USR15-0075, for a Use permitted as a Use by Right,
Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts
(construction business with an office, maintenance shop, warehouse, outdoor wash bay, fueling
station and outdoor storage) in the A (Agricultural) Zone District. Bob Choate, Assistant County
Attorney, made this a matter of record.
Diana Aungst, Department of Planning Services, presented a brief summary of the proposal
and stated 21 referrals were sent out and 18 agencies either did not respond or indicated no
concerns. She reviewed the location, buildings, hours of operation, number of employees,
storage, fencing, screening, lighting, signage, adjacent land uses, vicinity of Union Pacific and
Great Western Railroads, and nearest residences. Ms.Aungst reported two (2) letters of objection
have been received citing concerns with possible pollution of an organic farm and the request for
better noise/screening buffer. She stated the site is located within the three (3) mile referral area
of the City of Greeley and the Towns of Windsor and Johnstown. She reviewed the referral
responses from these municipalities. Ms. Aungst concluded by displaying images of the site and
surrounding area and entered the favorable recommendation of the Planning Commission into
the record as written.
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In response to Commissioner Kirkmeyer, Ms. Aungst reviewed the map and pointed out the
surrounding USRs adjacent to the site and the location of the property owner requesting a better
buffer.
Janet Lundquist, Department of Public Works representative, provided a brief overview of
the transportation plans and requirements and the average daily traffic counts of relevant County
roads. She stated the traffic narrative indicated traffic distribution and anticipated truck trips. She
reported the approved Access Permit Number, AP15-00271, and stated staff is requesting
tracking control and an Improvements Agreement to include future traffic triggers resulting in a
proportional share of the improvements to include the rail crossings.
Wayne Howard, Planning Services Engineer representative, stated the site is required to
have a detention pond and to submit a final stamped Drainage Report prior to receiving the
Certificate of Occupancy.
Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions and stated the site will utilize a commercial septic system and water will be provided
by the Little Thompson Water District. She conveyed that portable toilets may be used for drivers
and she reviewed the relevant Development Standards (DS #13-24) regarding Environmental
Health items. Ms. Light mentioned the noise limit is now based on revised State Statutes which
will result in some changes to the Resolutions from now on and she clarified that this application
has a residential limit based on the surrounding properties.
Patrick Groom, Attorney, represented the applicant and stated his appreciation for the
Department of Planning Services. He displayed a PowerPoint presentation, referenced the
current location of the facility and stated due to the approval of USR15-0084, the applicant needs
to relocate approximately 1/4 mile from the current site. Mr. Groom emphasized that the
operations will not change, only the building will change. He clarified most employees work off-site
in relation to extensive excavating and construction contracts; however, certain employees come
to the site to pick up equipment and 15 remain on-site through the day. Mr. Groom stated the
applicant chose this site based on proximity to the current site. He relayed that the applicant met
with surrounding property owners to address concerns related to screening and landscaping
buffers between the properties. He clarified the applicant is more than meeting the setback
requirements and further requested the Board reconsider DS #17 regarding the residential noise
standard. Mr. Groom stated it is concerning to consider the consequences of a violation if the
operation is not able to comply at all times. He provided examples of short durations that the noise
may surpass the limit and requested these be taken into consideration and perhaps modify this
noise limitation to the light industrial limit during business hours. Mr. Groom further mentioned the
applicant had not planned much screening to the south because the intent is to keep the pasture
area as crops and natural farmland which should provide adequate screening.
In response to Commissioner Kirkmeyer, Mr. Groom stated the applicant spoke with
Mr. Worthley and believes an agreement has been met between the applicant and the neighbor.
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• Randy Worthley, Surrounding Property Owner(SPO), stated he owns the adjacent property
and he clarified his concerns regarding landscaping and screening the boundary between his
property and the site. He stated he met with the applicant twice and after discussion and
compromise on both sides, he is willing to work with them and trust that they will be good
neighbors. In response to Commissioner Kirkmeyer, Mr. Worthley stated his preference is not the
opaque fencing but rather the planting of trees and landscaping. In response to Commissioner
Conway, he clarified the applicant will maintain the landscaping. Lastly, Mr. Worthley cited
concerns with the increase in traffic and requested the Board consider a speed limit reduction.
IE Chair Freeman explained the process of traffic studies done by staff to determine if and
when a speed limit reduction is needed. Commissioner Conway requested Ms. Lundquist
communicate with Mr. Worthley regarding his traffic concerns.
• John Cummings, SPO, stated he farms near the applicant and expressed his concerns with
the culvert at the access point on County Road (CR) 13 requesting the applicant consider
replacing that culvert with a new 24-inch culvert. He pointed out the water flow from the site toward
his property and stated his concerns with the detention ponds, flow concentration, velocity and
capacity. He requested the applicant consider enlarging the detention pond and slowing the flow
of water to prevent flooding along CR 56 and/or flooding onto his farm. In response to
Commissioner Cozad, he stated he has worked with Martin Marietta and they are replacing the
culverts next to the railroad crossings.
IE Dave Kisker, SPO, stated he is representing the CLR-34 Neighborhood Association which
is a non-profit representation of the surrounding neighbors in this area. He clarified there are no
enormous objections; however, drainage, screening, accesses, increased traffic, the need for
management of the rail crossings, and the noise limitation are all concerns.
ID Janet Ross, SPO, stated she lives directly across the street from the applicant and expressed
her major concern is the drainage related to the culvert under CR 56 next to the railroad tracks
because it backs up when it rains. She stated she is concerned the detention ponds will back up
and cause it to flood. She stated historically, it floods at least one to two times per year and she
is concerned this new development will make it worse. Ms. Ross requested the drainage problems
be addressed. In relation to the residential noise limitation, she stated she would prefer it stay at
the residential level as she is concerned about the noise disrupting her sleep. In response to
Commissioner Cozad, Ms. Ross stated she would prefer trees in place of an opaque fence but
she is willing to compromise. She reiterated her major concerns are regarding the drainage and
flooding.
• Commissioner Kirkmeyer stated her apology for needing to leave in the middle of the hearing
but relayed the importance of her presence to testify on behalf of the Board for the County
Highway Bill.
IR Chair Freeman informed the public and the applicant regarding the procedure should this
case result in a tie vote.
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Chair Freeman opened it back up to public comment and seeing no one come forward,
closed Public Input.
• Mr. Groom addressed the concerns regarding the culvert and drainage concerns.
• In response to Commissioner Conway, Mr. Howard stated the additional runoff is being
addressed by the detention pond that holds the water and releases it at a ten year rate, which is
what has historically been occurring. He further clarified the detention pond is far enough north
and should assist with the concerns of additional flooding. He emphasized there may be overall
problems with drainage in this area.
liEri In response to Commissioner Cozad, Mr. Groom stated the benefits of having the detention
pond to prevent environmental contamination. In further response, Mr. Groom emphasized the
state requirements the applicant is required to comply with. Mr. Howard stated a detention pond
has extra volume for water quality which is related to volume and erosion. Ms. Light clarified the
applicant must have a Discharge Permit from the State Health Department related to the water
quality that is released from the site.
• Mr. Groom interjected the request for Gerrard to maintain the current standard of a
commercial noise limitation, rather than imposing the residential level. He reiterated his concern
for the applicant to face the possibility of being in violation due to the residential limitation. Mr.
Groom stated the applicant is willing to mitigate the noise through landscaping buffers but with
the area changing from predominantly agriculture to commercial and industrial, he requested the
Board reconsider this.
El In response to Chair Freeman, Ms. Light reviewed the noise limitations related to the
Colorado Revised Statutes and the County Ordinance, gave examples of each and explained the
procedures for measuring decibels. In response to Commissioner Conway, Ms. Light clarified the
circumstances regarding a possible violation. Mr. Choate interjected the limitations for noise
violations and the leeway provided for short durations. In response to Commissioner Cozad, Ms.
Light again provided the residential and commercial limitations for both the Colorado Revised
Statutes and the County Ordinance, and how they are measured.
Mr. Groom clarified the reason for the applicant's concerns is due to the changes of where
the measurements are taken. In response to Commissioner Cozad, Ms. Light stated staff has
been directed to follow the Revised Statutes and, therefore, measure 25 feet from the property
line. Ms. Aungst clarified the USR boundaries to define where the measurements will take place.
Mr. Groom explained the areas of concern regarding potential complaints. Commissioner Cozad
stated noise can be mitigated. Mr. Groom agreed that the applicant is more than willing to mitigate
which is the basis for some of the design features. He is simply calling attention to the applicant
wanting to avoid the possibility of violation.
Commissioner Conway stated the issue of consistency based on development in the area
and the other applicants that have had to figure out a way to accommodate the neighbors. He
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encouraged the applicant to simply be a good neighbor to prevent violation. Commissioner
Moreno concurred.
• Commissioner Conway mentioned the importance of addressing the issue of the culvert on
CR 56. Ms. Lundquist stated this issue is addressed through the access permit process.
El Commissioner Cozad clarified the applicant's engineers will need to look at the culvert
problem and it will need to be engineered to correct the drainage problems. Ms. Lundquist
interjected the applicant is responsible for the engineering and it is in their best interest to do it
correctly the first time because when it is inspected, if it is found to be inadequate, it would have
to be redone at their expense.
arm
ail Commissioner Cozad requested clarification on Condition of Approval (COA) #1.C.5.
Ms. Aungst provided the amended language. The Board agreed. She further suggested typical
corrections to Development Standards (DS) #9 and #8, and the Board agreed. Commissioner
Moreno suggested removing "per the application" from DS #4 and #5. Commissioner Cozad
corrected a typo on DS #17. The Board agreed with the recommended changes.
Chair Freeman suggested the removal of the excess verbiage related to the letter from the
Town of Windsor, clarifying this verbiage is not needed in the Board's findings in the Resolution.
Mr. Choate agreed and after further discussion, the Board agreed.
le In response to Commissioner Moreno, Ms. Aungst stated there is no plan for signs, other
than signs on the building, and if additional signs are desired, they will adhere to the Code.
Ms. Lundquist requested clarification regarding the improvements agreement and traffic
triggers. The Board stated the language in the Resolution covers the requirements.
• In response to Chair Freeman, Mr. Groom, on behalf of Weld LV, LLC, c/o Gerrard
Investments, LLC, indicated they have reviewed, and agree to abide by, the Conditions of
Approval and Development Standards, as amended.
• Commissioner Moreno moved to approve the request of Weld LV, LLC, c/o Gerrard
Investments, LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR15-0075, for a Use permitted as a Use by Right, Accessory Use, or Use by Special Review
in the Commercial or Industrial Zone Districts (construction business with an office, maintenance
shop, warehouse, outdoor wash bay, fueling station and outdoor storage) 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. The motion was
seconded by Commissioner Cozad who further stated the application meets the criteria of the
code. She clarified the stormwater concerns will be addressed with engineering and she
encouraged the applicant to continue being a good neighbor and a good employer. Commissioner
Moreno echoed the comments of Commissioner Cozad and stated things go better when they are
discussed up front and follow the good neighbor policy. Commissioner Conway concurred with
his fellow Commissioners and reiterated the culvert needs to be addressed and engineered
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properly and he thanked the residents for coming out and being a part of the process and thanked
the applicant for doing a good job. Chair Freeman also extended his appreciation. The motion
carried unanimously. There being no further discussion, the hearing was completed at 12:48 p.m.
This Certification was approved on the 14th day of March, 2016.
BOARD OF COUNTY COMMISSIONERS
d.,40.44) WELDCOUNTY, COLORADO
ATTEST: v j�LD'ii
Mike Freeman, Chair
Weld County Clerk to the Board
can P. Conway, Pro-T m
BY. 1 � .1!�.�
• t Clerk to t e Board
a A. Cozad
APP: e DAS T� •
J� . .. .-
•ara Kirkmeyer
County rney
teve Moreno
Date of signature: 3/d9
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