HomeMy WebLinkAbout20161307.tiff HEARING CERTIFICATION
DOCKET NO . 2016 -38
RE : A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR16-0002, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (STORAGE OF ROOFING MATERIALS ) 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 —
LAWRENCE KERR
A public hearing was conducted on April 20 , 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 , Chris Gathman
Public Works Department representative, Janet Lundquist
Planning Services Engineer representative , Wayne Howard
Health Department representative , Lauren Light
The following business was transacted :
2= I hereby certify that pursuant to a notice dated March 11 . 2016, and duly published
March 16 , 2016, in the Greeley Tribune, a public hearing was conducted to consider the request
of Lawrence Kerr, for a Site Specific Development Plan and Use by Special Review Permit,
USR16-0002 , for any Use permitted as a Use by Right, Accessory Use , or Use by Special Review
in the Commercial or Industrial Zone Districts (storage of roofing materials) 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 .
Commissioner Kirkmeyer stated for the record that she turned this in as a violation , and
stated on full disclosure , the neighbors are related to her, but the applicant is not.
Chris Gathman , Department of Planning Services , presented a brief summary of the
proposal and stated this application is the result of an active Zoning Violation , ZCV15-00153, due
to the storage of a large quantity of roofing materials without attaining the proper Zoning Permits .
He reported the applicant held a community meeting at which three (3) neighboring property
owners objected to the Use : one ( 1 ) neighbor stated they would support the application if the
applicant received approval from Weld County and addressed the concerns. Mr. Gathman stated
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staff has received three (3) letters of objection from neighbors citing concerns with visual impact,
traffic concerns , and non-compatibility . He reviewed the storage area, truck trips, traffic patterns ,
number of employees, and the shared access . Mr. Gathman explained the storage area is on
Lot A, created by a prior Recorded Exemption , RE-4109 . In response to Commissioner Conway,
Mr. Gathman clarified the shared access. He continued with his presentation and described the
site location . nearest residences . and surrounding uses . Mr. Gathman reiterated that staff
received three (3) letters of objection listing concerns to include truck traffic. disturbing cattle being
raised on adjacent property. dust and unsightliness . He outlined the Landscaping/Screening Plan .
compliance with Colorado Air Quality Regulations , and requirements to confine fugitive dust,
blowing debris and other nuisances. Mr. Gathman reviewed the number of vehicles per month
and stated the site is located in the three (3) mile referral area of the City of Dacono. Town of
Erie , City of Northglenn . and Adams and Broomfield Counties , of which no referral responses
were returned with any concerns . Staff sent out 14 referrals and received six (6) responses with
comments taken into consideration . Mr. Gathman displayed images of the site and surrounding
properties and entered the favorable recommendation of the Planning Commission into the record
as written .
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viA Janet Lundquist, Department of Public Works . provided a brief overview of the transportation
plans and requirements and stated the approved access is from County Road (CR) 13, Access
Permit Number, AP#16-00033 . She reviewed the average daily traffic counts and the details
surrounding the shared access and the closure of the second access due to the close proximity
to the approved access . Ms . Lundquist provided the number of proposed truck trips per month
and stated . based on low volume , there is no Improvements Agreement required : however, due
to CR 13 being an arterial road . tracking control is required .
Wayne Howard , Planning Services Engineer representative . gave a brief explanation of the
drainage and grading requirements to include a final drainage and detention pond design . He
clarified the preliminary version has been accepted , but the final version is required with a
Certificate of Compliance . Mr. Howard stated the drainage features and flow arrows must be
shown on the map.
In response to Commissioner Conway, Ms . Lundquist clarified potential traffic at the shared
access, and the reasoning for tracking control to include car to truck ratios related to requirements .
In further response , she clarified the various categories and contributing factors that identify the
recommended transportation plans and requirements .
vizi Lauren Light. Department of Public Health and Environment. reviewed the water and sewer
provisions stating the applicant indicated on-site employees would use the house septic on the
adjacent property: however, since the use goes with the specific parcel and the septic on the
aforementioned property has no records . staff is recommending a portable toilet be located
on-site . She stated Development Standards ( DS) #6 - # 12 address typical Environmental Health
items.
`'= Commissioner Kirkmeyer requested the date the Recorded Exemption was approved .
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Lawrence Kerr, applicant. began with an apology for relocating the building materials without
permission and provided the history of the violation and his frustration with misunderstanding the
requirements. He clarified this is his first experience being a landowner and his intent is to build
a home . have a small farm and beautify the property. He stated he is now at a standstill and hopes
today will resolve this matter.
Mary Maxwell , surrounding property owner, stated her concerns with how truck traffic will
be monitored . She expressed her frustration with the situation due to the area that has been
cleared from pastureland and is now dirt, resulting in dust blowing everywhere. Ms . Maxwell cited
concerns with the elderly people in the area that walk to get their mail and how the increased
truck traffic will endanger them . She further stated the increased truck traffic is also a threat to
cattle that get out on the road . She stated she would prefer the use remain agricultural . as the
rest of the surrounding properties are used for agricultural purposes. Ms . Maxwell reported the
stacks of roofing tile are already falling over and the adjacent property. also owned by Mr. Kerr.
is a disgrace. She clarified the site is an eyesore and degradation to the neighborhood and she
is opposed .
In response to Commissioner Cozad regarding the unsightly visual impact to the
neighborhood . Mr. Kerr stated he was not considering a building to store the materials , only a
fence at this time. He clarified the concrete roofing material weathers well and does not require
inside storage . Mr. Kerr explained the history of the situation and stated it was an unusual
opportunity to acquire a business and materials and he needed to find land to accommodate the
storage of these materials . In further response . he stated he did reach out to a few neighbors.
In response to Commissioner Conway, Mr. Kerr agreed that his long term goal is to dispose
of the tiles through contractor purchases , to relocate and build a house , and to reorganize the
materials and possibly relocate them to his business property in Denver. Mr. Kerr explained it will
take time to reorganize and will involve more truck trips and the employees that work at this site
also live in the house adjacent to this location . In further response to Commissioner Conway. he
clarified he will continue to store materials at the current site with the intent to reduce the amount.
F= In response to Commissioner Kirkmeyer. Mr. Kerr provided his home address and stated
he was not starting a business because he did not understand it in that perspective . He further
stated he is not cutting tile at the location , just organizing and storing tile. Mr. Kerr stated he wants
to keep the peace and would be willing to move the tile further back on his property but that it is
not his preference . Commissioner Kirkmeyer stated there are issues with the pallet fence falling
down . dust . the business aspect of having employees but it not being a business and it appears
he has turned a single family residential dwelling into a commercial business location .
2 In response to Chair Freeman , Mr. Kerr indicated no concerns with the Conditions of
Approval or Development Standards.
In response to Chair Freeman , Mr. Howard suggested the removal of Condition of Approval
(COA) #1 . B . 7 . Commissioner Kirkmeyer requested it not be removed because the requirement is
to place it on the map. The Board agreed .
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P In response to Commissioner Cozad , Ms . Lundquist stated the gate setback is typical for
safety. Commissioner Kirkmeyer reported there used to be a gate. Commissioner Cozad clarified
if there is no gate, this Condition can be moved to become a Development Standard (DS) .
Ms . Lundquist suggested other language for the new DS . The Board concurred with the
suggested language and moving it to become a new DS . Commissioner Cozad stated her support
for the tracking control and asked that it not be removed . She further addressed the screening
requirement in light of the materials being moved further back on the property. designating the
storage area and defining the screening as approved by the Department of Planning Services ,
which can be added as Conditions .
Commissioner Conway recommended further discussion regarding the screening to avoid
the unsightly options . Commissioner Kirkmeyer suggested the storage of the roofing material be
moved as far west as possible which will reduce the necessity to screen only from the east and
possibly from the south . Commissioner Cozad reminded the applicant that compatibility is a big
issue due to the fact that the normal process is approval prior to use. versus his violation due to
use prior to approval .
1' Commissioner Kirkmeyer reiterated her agreement that a screening plan is necessary and
with moving the materials further west, it may result in requiring screening only on the east side.
She further suggested the portable toilet needs to be moved to the west as well . Commissioner
Kirkmeyer recommended the applicant consider the same screening and landscaping as the RV
storage business in the neighborhood , as it is adequate and pleasing to the neighborhood .
r Commissioner Conway addressed the concern with the dust and how to mitigate, possibly
with re-vegetation . Mr. Gathman interjected a suggestion for language . Mr. Kerr asked permission
to address the Board and expressed his frustration regarding the dust issue due to the fact that
there are other causes of dust in the area related to the oil and gas industry and farm equipment.
Commissioner Conway clarified that there is a concern that needs to be addressed ;
however, he is not saying the applicant is responsible for all the dust, but the issue has to be
addressed .
Mr. Choate suggested language for a new Condition of Approval requiring a Screening Plan
be submitted to the Department of Planning Services for review and approval , and the portable
toilet placed as far west as possible with direction from staff.
Commissioner Cozad recommended the storage area be placed on the west side of the
Panhandle Eastern Pipeline easement. Commissioner Kirkmeyer agreed and further suggested
the Screening Plan as a new Condition of Approval (COA) #1 . B , and the relocation of the Storage
area as a new COA #1 . C . Commissioner Cozad pointed out the existing language regarding
screening on COA #1 . D.4 can be modified to include the requirement that the Screening Plan be
delineated on the map. COA #1 . D . 10 was removed as a COA and reinstated as a new DS #15,
due to the fact there is currently no gate. The Board agreed .
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Commissioner Cozad suggested new Development Standards ( DS) that address
revegetation and the prevention of other materials being stored and only to be stored in the
designated storage area.
Pa In response to Commissioner Kirkmeyer, Mr. Kerr stated the number of truck trips per month .
Commissioner Kirkmeyer recommended deleting DS #3. The Board agreed .
a Chair Freeman requested the changes be reviewed for the record . Commissioner Kirkmeyer
acquiesced .
a Commissioner Cozad reiterated the new DS #14 regarding any disturbed areas being
revegetated to mitigate blowing dust, and the new DS #3 regarding no other materials shall be
brought on the property and all materials must be stored in the designated storage area .
Oa Mr. Kerr asked if instead of moving the gravel and revegetating , if it would be possible to
put a greenhouse on that area. Chair Freeman stated he would need a building permit.
In response to Chair Freeman , Weylan Bryant, consultant. requested the Board revisit
DS #14 because if the applicant places a greenhouse on the gravel area he will not be
revegetating as required . Mr. Choate recommended language which would allow the applicant to
revegetate or use other surface materials in a manner that controls dust. Mr. Bryant asked for
clarification on the approval process related to moving the storage area and portable toilet. Chair
Freeman clarified that staff from the Department of Planning Services will provide the final
approval per the Board 's direction given today.
[` In response to Chair Freeman . Mr. Kerr indicated he has reviewed , and agrees to abide by ,
the Conditions of Approval and Development Standards . as amended .
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Commissioner Moreno moved to approve the request of Lawrence Kerr, for a Site Specific
Development Plan and Use by Special Review Permit, USR16-0002 , for any Use permitted as a
Use by Right . Accessory Use , or Use by Special Review in the Commercial or Industrial Zone
Districts (storage of roofing materials) 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
Cozad . Commissioner Conway emphasized the need to live in harmony and become a part of the
community. Commissioner Kirkmeyer stated he will see her again because she is his neighbor
and reminded him that he is welcome to call her with any questions . Chair Freeman thanked the
applicant. The motion carried unanimously . There being no further discussion , the hearing was
completed at 11 : 30 a . m .
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This Certification was approved on the 25th day of April , 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: didetA) XS:4 Th- Ji�- ,;--S ----
Mike Freeman , Chair
Weld County Clerk to lie Board
Sea . P. Conway, Pro-Tern BY: ZcAe:D t Clerk to the Board / c-LL/
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A ' • • e EDA I FORM :
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Date of signature :
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ATTENDANCE RECORD
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NAME ADDRESS
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