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HomeMy WebLinkAbout20163241.tiffHEARING CERTIFICATION DOCKET NO. 2016-87 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR0025, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (PARKING AND STORAGE OF COMMERCIAL 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 - JOSE BARRON A public hearing was conducted on October 19, 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: Clerk to the Board, Esther Gesick Assistant County Attorney, Bob Choate Planning Services Department representative, Chris Gathman Planning Services Engineer representative, Hayley Balzano Health Department representative, Lauren Light The following business was transacted: a I hereby certify that pursuant to a notice dated September 20. 2016, and duly published September 23, 2016, in the Greeley Tribune. a public hearing was conducted to consider the request of Jose Barron, for a Site Specific Development Plan and Use by Special Review Permit, USR16-0025, for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (parking and storage of commercial 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. Chris Gathman, Department of Planning Services, presented a brief summary of the proposed business operations, number of employees, location. and surrounding land uses. He stated 12 referrals were sent out and seven responded with comments or indicated no concerns Mr. Gathman indicated the site is visible from the road; however, the truck parking area is small and will be screened, and he displayed pictures of the site and surrounding area. In response to Commissioner Cozad, Mr. Gathman confirmed the parking will be located in the general vicinity of the existing recycled asphalt surface. He also entered the favorable recommendation of the Planning Commission into the record as written. 2016-3241 PL2446 HEARING CERTIFICATION - JOSE BARRON (USR16-0025) PAGE 2 .- Janet Lundquist, Department of Public Works, stated the site will be accessed from County Road (CR) 28, permitted under Access Permit, AP16-00329. She stated CR 28 is a local roadway. with an average daily traffic count of 219. with 39% trucks. The applicant has proposed approximately ten (10) round trips, therefore, staff is requested up -front tracking control: however, an Improvements Agreement will not be required. Responding to Commissioner Cozad, Ms. Lundquist explained the tracking control prevents staff from holding the applicant to the higher standard for the interior parking area. In response to Commissioner Conway, Ms. Lundquist stated unlike Agriculture which has a seasonal impact, this will be a year-round commercial/industrial use and the tracking control will prevent them from tracking mud onto the County road base. Hayley Balzano, Planning Services Engineer representative, provided a brief overview of the drainage, parking, interior traffic flow, and historic flow requirements. Lauren Light, Department of Public Health and Environment, reviewed the water and sewer provisions. She stated a domestic well and septic system sized for three bedrooms will serve the residence on the site. They will be allowed to utilize portable toilets for employees. and there is a Development Standard which will require the well to be re -permitted for commercial use if it is used in connection with the business. Additionally, she stated there will be no washing or maintenance conducted on the site, dust and waste control are addressed in the Conditions of Approval. and Development Standards #8-16 address environmental health items. Mr. Gathman clarified the hours of operation were discussed at the Planning Commission hearing and were modified to allow 24/7 operations, since the use is associated with oil and gas industry support. He further stated Mr. Barron could not be present today: however, Chris Campos is present and is authorized to represent the applicant. Chris Campos, represented the applicant and stated they want to park ten (10) tandem trucks, which will leave the site in the morning and not return until evening. He explained they are currently paying rent to park their equipment: however, with the decline in the oil and gas industry, they want to bring their equipment on -site. Pal No public testimony was offered concerning this matter. Responding to Commissioner Cozad, Mr. Campos stated they plan to park on the recycled asphalt area and will extend the asphalt surface to the gate to prevent tracking mud onto the County road base. He stated they also plan to enclose the equipment with a chain link fence and slats, and no landscaping is planned. He also confirmed they talked to the neighbors who signed agreement with the proposal. In response to Commissioner Moreno, Mr. Campos stated the Planning Commission discussed the hours due to the possible need for flexibility in response to the oil and gas industry. He stated their normal hours are from 6:30 a.m.. to 6 30 or 7:00 p.m.: however, that is subject to change. He stated they do not typically send out the entire fleet. 2016-3241 PL2446 HEARING CERTIFICATION - JOSE BARRON (USR16-0025) PAGE 3 In response to Chair Freeman, Mr. Campos indicated no concerns with the Conditions of Approval and Development Standards, as presented. Commissioner Kirkmeyer requested to delete Condition of Approval (COA) #1.A.5. She stated the applicant may choose to put up a fence: however, it would be her preference to not use the screening slats. In response to Commissioner Cozad, Mr. Campos confirmed he did inform his neighbors of their plans to put up a fence for security purposes, and the Board agreed to delete COA #1.A.5. Commissioner Conway stated he is fine with keeping the tracking control requirement, since there will only be ten truck trips per day and the applicant intends to place recycled asphalt at the entrance. Commissioner Kirkmeyer also proposed deleting Development Standard (DS) #7 concerning landscaping/screening. Commissioner Cozad stated she is fine with allowing 24/7 hours of operation due to the distance from other residences. In response to Chair Freeman, Mr. Campos indicated he and the applicant have reviewed, and agree to abide by, the Conditions of Approval and Development Standards, as amended. Commissioner Kirkmeyer moved to approve the request of Jose Barron for a Site Specific Development Plan and Use by Special Review Permit, USR16-0025, for any Use permitted as a Use by Right. Accessory Use. or Use by Special Review in the Commercial or Industrial Zone Districts (parking and storage of commercial 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, based on the recommendations of Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards as amended entered into the record. The motion was seconded by Commissioner Cozad, and it carried unanimously. There being no further discussion, the hearing was completed at 10:34 a.m. This Certification was approved on the 24th day of October, 2016. 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