HomeMy WebLinkAbout20160251.tiff HEARING CERTIFICATION
DOCKET NO. 2016-06.B
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR15-0054, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (SHOP BUILDING, ALONG WITH VEHICLE AND EQUIPMENT PARKING
AND MAINTENANCE ASSOCIATED WITH AN EXCAVATION BUSINESS) 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— NEVIN BYLER, KAREN BYLER, AND JALYNN BYLER
A public hearing was conducted on January 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
Planning Services Engineer representative, Wayne Howard
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated December 28, 2015, and duly published
December 31, 2015, in the Greeley Tribune, a public hearing was conducted to consider the
request of Nevin Byler, Karen Byler, and Jalynn Byler, for a Site Specific Development Plan and
Use by Special Review Permit, USR15-0054, for any Use permitted as a Use by Right, Accessory
Use, or Use by Special Review in the Commercial or Industrial Zone Districts (shop building, along
with vehicle and equipment parking and maintenance associated with an excavation business)
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
proposal to include shop buildings, parking and maintenance, one semi-truck, two dump trucks,
one dully pickup and two regular pickups associated with the excavation business. He stated the
application indicated five (5) off-site employees, and he referenced the location in relation to
County roads, the nearest residences, existing USRs, and noted for the record a 230-KV power
line located east of the site . He reported that no correspondence has been received. Mr. Gathman
stated the site is not located in the three (3) mile referral area of any municipality and that staff
sent out nine (9) referrals and received four (4) responses with no comments or with conditions.
°/o_
2016-0251
CL' ' C,Q � �-i 7I PL2393
HEARING CERTIFICATION - NEVIN BYLER, KAREN BYLER, AND JALYNN BYLER
(US R15-0054)
15-0054)
PAGE 2
He displayed images and entered the favorable recommendation of the Planning Commission
into the record as written.
e Wayne Howard, Planning Services Engineer representative, provided a brief overview of
the transportation plans and requirements and stated the access point is located on County Road
(CR) 15 utilizing the approved Access Permit, AP#15-00145. He stated no average daily traffic
counts were available for CR 15 and the traffic narrative indicated one (1) semi-truck, two (2)
dump trucks, and three(3) pickups would access the site several times a day. Mr. Howard clarified
there is no tracking control or Improvements Agreement required and the drainage criteria has
been met.
El Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions stating that a portable toilet is acceptable. She reviewed the Development Standards
related to the shop and the typical items related to Environmental Health.
El Nevin Byler, applicant, gave a brief overview of the project. In response to Commissioner
Conway, he stated his intent to reside on the site in the future.
E No public testimony was offered concerning this matter.
e In response to Chair Freeman, Mr. Byler indicated they have reviewed the Conditions of
Approval and Development Standards and have no concerns.
El Commissioner Kirkmeyer mentioned a correction to Condition of Approval (COA) #1.A.6 to
change "access(es)"to "access."She further suggested deleting Development Standard (DS)#3,
and after clarification from Mr. Howard, recommended changing DS#18 to read"The access shall
be maintained..."instead of the "site". The Board agreed to these changes.
Chair Freeman reviewed the changes for the applicant.
e In response to Chair Freeman, Mr. Byler indicated they have reviewed, and agree to abide
by, the Conditions of Approval and Development Standards, as amended.
• Commissioner Kirkmeyer moved to approve the request of Nevin Byler, Karen Byler, and
Jalynn Byler for a Site Specific Development Plan and Use by Special Review Permit,
USR15-0054, for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review
in the Commercial or Industrial Zone Districts (shop building, along with vehicle and equipment
parking and maintenance associated with an excavation business) 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 Conway, and it carried unanimously. There being no further discussion, the
hearing was completed at 10:12 a.m.
2016-0251
PL2393
HEARING CERTIFICATION - NEVIN BYLER, KAREN BYLER, AND JALYNN BYLER
(USR15-0054)
PAGE 3
This Certification was approved on the 25th day of January, 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: W#dedieti w MAILA24.-
Mike Freeman, Chair
Weld County Clerk to the Board
• Sean P. Co wa P
Y,
De•ut Clerk to the Beard /��.` EL 2ttzi
A. Cozad
APP e . 'D AS RM: I "61 I�►�
►' = :ra Kirkmeyer
o ''►'�-torney
��-.► teve Moreno
Date of signature:
2016-0251
PL2393
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