HomeMy WebLinkAbout20161376.tiff HEARING CERTIFICATION
DOCKET NO . 2016 -39 . A
RE : A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR16-0003, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
( STORAGE OF SEMI -TRAILERS , VAN TRAILERS , FLAT TRAILERS ,
MISCELLANEOUS EQUIPMENT AND FOUR (4) CARGO CONTAINERS [SEA BOXES] ,
ALONG WITH PARKING FOR THREE ( 3 ) TRUCKS ) 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 -
ROGER AND SHERYL HILL
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 . Diana Aungst
Public Works Department representative, Janet Lundquist
Planning Services Engineer representative, Wayne Howard
Health Department representative , Lauren Light
The following business was transacted :
a 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 Roger and Sheryl Hill , for a Site Specific Development Plan and Use by Special Review Permit,
USR16-0003 , for a Use permitted as a Use by Right, Accessory Use or Use by Special Review
in the Commercial or Industrial Zone Districts (storage of semi-trailers . van trailers. flat trailers ,
miscellaneous equipment and four (4) cargo containers [sea boxes] , along with parking for three
(3) trucks) 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 .
Diana Aungst, Department of Planning Services , presented a brief summary of the proposal
and stated 12 referrals were sent out and seven (7) either did not respond or indicated no
concerns . She reviewed the site location , relevant County Roads , and clarified there are no new
buildings proposed . Ms . Aungst described the number of employees , hours of operation . parking
location , equipment storage area , Screening Plan , and stated there will be no additional
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HEARING CERTIFICATION - ROGER AND SHERYL HILL ( USR16-0003)
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landscaping . She reported this application is the result of a Zoning Violation , ZCV12-00194, for
the presence of a commercial trucking operation and equipment storage without the proper
Zoning Permits ; furthermore. the Violation Case has been forwarded to the office of the County
Attorney. She clarified that if the application is approved , it will rectify the violation ; however. if the
case is denied , it will move forward with legal action . Ms . Aungst described the adjacent land
uses , nearest residence . other USRs in the vicinity and stated there has been no correspondence
received in objection of the application ; however, one neighbor did attend Planning Commission
to request solid fencing be used to screen the property. She explained that the Planning
Commission requested a map of the traffic circulation be submitted , which has been attached as
Exhibit D . Ms . Aungst stated this site is not located in the three (3) mile referral area of any
municipality or Intergovernmental Area . She displayed images of the site and surrounding
properties and entered the favorable recommendation of the Planning Commission into the
record , as written .
: = Janet Lundquist, Department of Public Works , provided a brief overview of the transportation
plans and requirements stating the site is accessed from County Road 76 utilizing an existing
access , Access Permit Number AP16-00055. She reviewed traffic counts. truck traffic
percentages . and the proposed traffic narrative indicating 1 -2 semis per day. Ms . Lundquist stated
due to low traffic volume , there is no tracking control or Improvements Agreement required.
Wayne Howard , Planning Services Engineer representative , gave a brief explanation of the
drainage and grading requirements stating the site meets an exemption regarding stormwater
and there are no other concerns .
Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions stating the existing house on-site will be used for the sanitary facility and North Weld
County Water District provides water services. She clarified that the use of portable toilets is
acceptable ; furthermore , if the use of the current septic system exceeds six (6) people. the system
will have to be evaluated . Ms . Light stated Development Standards (DS) #13-21 reflect typical
Environmental Health items .
Sheryl Hill , applicant, stated her concern with the requirement for screening the truck parking
area to the west. In response to Commissioner Kirkmeyer, Ms . Hill briefly described the trucking
operation .
Kimberly Cecil , neighbor to the south , displayed photos of the site and stated the photos in
the presentation were not current. She reviewed the history of the property and emphasized her
displeasure regarding the visual impact to the neighborhood . Ms . Cecil listed her concerns to
include numerous derelict vehicles and trailers , old tires, cargo containers , flatbed trailers that
never move, iron being stored out in the open , and that it is basically a junkyard . She is concerned
with trying to sell an adjacent parcel and with the trucks turning radii encroaching onto the County
Roads . Ms . Cecil stated she would prefer a steel fence in place of opaque fencing .
In response to Commissioner Conway, Ms . Cecil stated her family has been established
and farming for decades and she is not certain how long the Hill family has been there . In further
response , Ms . Cecil stated she would be satisfied with a steel fence .
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In response to Commissioner Cozad , Ms . Hill explained the screening and fencing that is
proposed and the plan to clean up the site and remove the clutter.
G'= In response to Commissioner Moreno , Ms . Hill stated once the area is cleaned up and if the
three-truck parking is not stationed in that location , the trucks can fully turn around within the
property.
P In response to Commissioner Kirkmeyer, Ms . Hill stated she thinks her family will need at
least six (6) months to clean up the property. In further response. Ms . Hill stated five (5) flatbed
trailers, eight (8) van trailers, semi-trailers, and miscellaneous equipment to include loaders, and
a bobcat. In response to Commissioner Conway. Ms . Hill stated the picture is not accurate and
there is more equipment on the property.
Commissioner Kirkmeyer suggested a continuance to allow time for the applicant to proceed
toward compliance and specifically define the storage and miscellaneous equipment. She further
suggested Ms. Hill bring a picture of the fencing that is proposed . work out concerns with Ms .
Cecil , and work with staff to better define miscellaneous equipment.
Commissioner Conway stated he supports the suggestion for a continuance : however, he
is requesting a plan for how this site will be cleaned up, and a visual of the recommended fencing .
'`'- Commissioner Cozad stated her requests are to see examples of the proposed fencing ,
secondly, that the applicant will work with the Planning Department to limit the trailers and define
miscellaneous equipment, and lastly, a timeline for compliance within six (6) months.
Commissioner Moreno agreed with the comments and requests of fellow Commissioners .
Commissioner Kirkmeyer moved to continue the request of Roger and Sheryl Hill . for a Site
Specific Development Plan and Use by Special Review Permit, USR16-0003 , for a Use permitted
as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial
Zone Districts (storage of semi-trailers, van trailers , flat trailers, miscellaneous equipment and
four (4) cargo containers [sea boxes] , along with parking for three (3) trucks) 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, to
May 11 , 2016 . at 10: 00 a . m . . to allow the applicant time to work with staff regarding specific
direction from the Board . The motion was seconded by Commissioner Conway. Chair Freeman
added that he is familiar with the location and it does look like a junkyard and the applicant has
an opportunity to get into compliance . Commissioner Kirkmeyer expressed her appreciation for
the neighbor's input and stated the only reason she is allowing a continuation is because it is
evident that the applicant wants to get into compliance and is willing to work with the neighbors
and follow through with her commitment. The motion carried unanimously. There being no further
discussion , the hearing was completed at 12: 05 p. m .
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This Certification was approved on the 25th day of April , 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY , COLORADO
ATTEST: WjtjamiC csieS ��; .l '- LSctt1 —
'`' Mike Freeman, Chair
Weld County Clerk t the Board
Sean P. Conway, Pro-Tem
Bl� f
Dep ty Clerk to the Board
E `Jul� .L. Cozad
A ' ' ' • � ED * - O ORM : ,: - � ��! yft(1 .,
� carp Kirkmeyer
. -14,
i' County Attorney
ve Moreno
Date of signature: c27 A
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ATTENDANCE RECORD
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