HomeMy WebLinkAbout20160095.tiff HEARING CERTIFICATION
DOCKET NO. 2016-02 — Part 1
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR15-0044, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (PET MEMORIAL, EUTHANASIA, AND CREMATORY AND RV STORAGE)
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 AND ONE (1) SINGLE FAMILY
DWELLING UNIT PER LOT OTHER THAN THOSE PERMITTED UNDER
SECTION 23-3-20.A (SECOND SINGLE-FAMILY DWELLING UNIT) IN THE
A (AGRICULTURAL) ZONE DISTRICT-SAGE BRUSH, LLC, C/O RANDY JACKSON
A public hearing was conducted on January 13, 2016, at 10:00 a.m., with the following present:
Commissioner Mike Freeman, Chair- EXCUSED
Commissioner Sean P. Conway, Pro-Tern
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
Health Department representative, Lauren Light
The following business was transacted:
• I hereby certify that pursuant to a notice dated November 13, 2015, and duly published
November 18, 2015, in the Greeley Tribune, a public hearing was conducted to consider the
request of Sage Brush. LLC, c/o Randy Jackson, for a Site Specific Development Plan and Use
by Special Review Permit, USR15-0044, for any Use Permitted as a Use By Right, Accessory
Use, or Use By Special Review in the Commercial or Industrial Zone Districts (pet memorial,
euthanasia, and crematory and RV storage) 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 and one (1) single family dwelling unit per lot other than those permitted
under Section 23-3-20.A (second single-family dwelling unit) in the A (Agricultural) Zone District.
Bob Choate, Assistant County Attorney, made this a matter of record.
• Chair Pro-Tem Conway reviewed, for the applicant and public, the procedures to follow
should the hearing result in a tie vote due to four Commissioners being present and one
Commissioner excused.
• Diana Aungst, Department of Planning Services, stated the applicants consist of two (2)
parties and two of the individuals, Curtis Koldeway and Randy Jackson, have not arrived.
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Chair Pro-Tern Conway asked the applicant to come forward and directed staff to inquire of
her wishes to proceed. In response to Ms. Aungst, Ms. Hiatt stated these individuals have
pertinent information to present but she is fine with proceeding. Commissioner Kirkmeyer
suggested continuing this item to the end of the agenda. The Board agreed.
El Commissioner Kirkmeyer moved to continue the request of Sage Brush, LLC, do Randy
Jackson, to the end of the agenda until the other applicants arrive. The motion was seconded by
Commissioner Cozad, and it carried unanimously. There being no further discussion, this portion
of the hearing was completed at 10:13 a.m.
(Clerk's Note: The continuation of the minutes and audio portion of this hearing are available as
Docket #2016-02 - Part 2.)
This Certification was approved on the 18th day of January, 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: EXCUSED
Mike Freeman, Chair
Weld County Clerk to the Board 7
Sean P. Conway, Pro-Tern
Depu Clerk to the Beard lE
N h lie A. ozad
APP A M: 1161 1I C.
�' f7•ara Kirkmeyer
County Attorney fin11,
°7-113 �...,�I Steve Moreno
Date of signature:
2016-0095
PL2390
HEARING CERTIFICATION
DOCKET NO. 2016-02 - Part 2
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR15-0044, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (PET MEMORIAL, EUTHANASIA, AND CREMATORY AND RV STORAGE)
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 AND ONE (1) SINGLE FAMILY
DWELLING UNIT PER LOT OTHER THAN THOSE PERMITTED UNDER
(SECOND SINGLE-FAMILY DWELLING UNIT)23-3 20.A IN THE
A (AGRICULTURAL) ZONE DISTRICT- SAGE BRUSH, LLC, C/O RANDY JACKSON
A public hearing was conducted on January 13, 2016, at 10:00 a.m., with the following present:
Commissioner Mike Freeman, Chair- EXCUSED
Commissioner Sean P. Conway, Pro-Tern
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
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify pu
rsuant ursuant to a notice dated November 13, 2015, and duly published d
November 18, 2015, in the Greeley Tribune, a public hearing was conducted to consider the
request of Sage Brush, LLC, c/o Randy Jackson, for a Site Specific Development Plan and Use
by Special Review Permit, USR15-0044, for any Use permitted as a Use By Right, Accessory
Use, or Use By Special Review in the Commercial or Industrial Zone Districts (pet memorial,
euthanasia, and crematory and RV storage) 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 and one (1) single family dwelling unit per lot other than those permitted
under Section 23-3-20.A (second single-family dwelling unit) in the A (Agricultural) Zone District.
Bob Choate, Assistant County Attorney, made this a matter of record, (contained in Part 1 of the
hearing minutes and audio).
(CLERK'S NOTE: The hearing was called to order but the applicants were not present, therefore,
the matter was continued to the end of the meeting. Please see HE16-02-Part 1 for minutes and
audio of that portion of the hearing.)
Upon reconvening, Diana Aungst, Department of Planning Services, presented a brief
summary of the proposal and stated that 18 referrals were sent out and 15 agencies either did
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not respond or indicated no concerns. She clarified the applicant's intent to build five (5)
10,000-square-foot buildings to be used for RV storage and there would be no outdoor storage;
furthermore, two new homes would be built and the existing residence would be converted to an
office while the other existing structures would be demolished. Ms. Aungst reviewed the proposed
parking, fencing, landscaping, lighting, relevant County roads (CR), and surrounding land uses.
She stated staff received two (2) letters of objection and two surrounding property owners spoke
at the Planning Commission hearing and the applicant has been working with them regarding
mitigation. She stated the site is in the three (3) mile referral area of the City of Greeley and Towns
of Windsor and Johnstown and all the aforementioned municipalities responded with no concerns.
Ms. Aungst displayed images of the site and adjacent areas, and entered the favorable
recommendation of the Planning Commission into the record as written. In response to
Commissioner Kirkmeyer, Ms. Aungst stated the site is 6.8 acres.
Wayne Howard, Planning Services Engineer representative, provided a brief overview of
the transportation plans and requirements and stated the approved accesses are off of CR 13
utilizing Access Permit, AP#15-00405. He noted there were four (4) existing accesses that have
been closed and two (2) new accesses that have been approved. Mr. Howard reviewed the traffic
issues mentioned at Planning Commission to include problematic visibility of train traffic and
northbound traffic. He further reviewed the average daily traffic counts, number of employees and
the traffic narrative indicating 15 daily round trips with three (3) of those being RVs. Mr. Howard
stated there is no tracking control requirement and the applicant has submitted a final drainage
report, including a certificate of compliance as requested, and he reviewed the other items
relevant to Public Works. In response to Chair Pro-Tern Conway, Mr. Howard clarified the
proposed 15 daily trips included the employees as well as visitors to the site.
Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions stating water will be provided by the Little Thompson Water District and the RV dump
station will be required to be permitted through the Department of Environmental Health. She
clarified that the applicant can use one septic for all uses; however, a Condition of Approval (COA)
has been added to ensure that if the applicant chooses to install individual systems for the new
homes they must be installed before the Certificate of Occupancy will be issued. Ms. Light further
clarified that should the applicant use the one system for all three residences, a Development
Standard (DS) has been added requiring the system be evaluated by a professional engineer to
ensure the system will accommodate the proposed use. She stated an Air Pollution Emmission
Notice Permit is required and the applicant is planning to transfer the current Permit to this new
location. Ms. Light stated DS #17-26 address typical items related to Environmental Health. In
response to Commissioner Kirkmeyer, Ms. Light reviewed the septic system options.
Curtis Koldeway, Hauser Architects, represented the applicant and displayed a Powerpoint
Presentation. He reviewed the primary site access, landscape buffer, new buildings, septic and
detention area, existing house and structures, new modular homes for employees on-site,
visability in relation to train traffic, proposed site plan, and displayed a site perspective from
diffferent views. In response to Commissioner Moreno, Mr. Koldeway clarified the new modular
homes will be built for two (2) on-site employees. In response to Commissioner Cozad, he stated
the railroad crossing does not have the arms and signal; however, there is some signage 200-
300 feet before the tracks and also painted on the pavement.
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El In response to Commissioner Kirkmeyer, Mr. Howard reviewed the average daily traffic
count on CR 13.
ID Dave Kisker, surrounding property owner (SPO), representing Neighborhood Association
Group CLR-34, stated he met with the applicant and found them to be responsive to their
concerns. Mr. Kisker reviewed his concerns to include appearance, fencing, visibility in relation to
train traffic, air pollution emissions, and control at the railroad crossing intersection. He stated he
is not in opposition to the project. In response to Commissioner Kirkmeyer, Mr. Kisker stated his
concerns specifically related to the railroad crossing and traffic safety. In response to
Commissioner Moreno, he clarified the conversations with the applicant were initiated by CLR-34
but the applicant willingly met with them and it was a collaborative effort.
El Janet Ross, SPO, stated she has no objections to the USR but has concerns regarding the
trains and visibility.
CI In response to Chair Pro-Tem Conway, Mr. Koldeway stated the engineer has taken into
consideration the train visibility and suggested high canopy trees. He further reviewed the
deceleration lane in relation to traffic and train visibility as a passenger vehicle approaches the
train crossing. He stated an RV would be traveling even slower.
IE In response to Commissioner Kirkmeyer, Mr. Koldeway clarified one of the new modular
homes is for the owner who will live on-site, and the second modular home will be purchased by
the on-site manager who has chosen also to live on-site. Ms. Aungst clarified the Code
requirements related to two (2) single family dwellings being allowed on the lot and stated there
is no restrictions on acreage as long as the septic requirement is met. In further response to
Commissioner Kirkmeyer, Ms. Light reviewed the septic options and leech field requirements. In
response to Commissioner Cozad, Ms. Light stated commercial septic permits must be obtained
from the State and if the applicant chooses to install a commercial septic system it would have to
be professionally engineered; however, if the applicant chooses to use two septic systems they
can proceed through the County.
In response to Commissioner Kirkmeyer, Mr. Koldeway clarified the primary access and the
emergency access. Commissioner Kirkmeyer stated she is not in support of the emergency
access. In response to Chair Pro-Tem Conway, he explained the Fire District required the
emergency access to the RV storage which would only be accessible by emergency personnel
through a lock box on the gate.
▪ Ms. Aungst stated the staff did send a referral to the Johnstown Fire Protection District and
did receive comments back from them; however, typically the applicant is instructed to work
directly with the fire district to address concerns.
▪ In response to Commissioner Conway, Mr. Koldeway stated the emergency access is only
for the fire department and only for an emergency scenario, otherwise the access will be gated
and locked.
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Commissioner Kirkmeyer expressed her frustration regarding the Fire Districts requiring
emergency accesses. In response to Commissioner Kirkmeyer, Ms. Aungst clarified that the
applicant needs to meet the requirements for the fire district before they will sign off on the Building
Permit. Commissioner Cozad concurred based on her experience in the private sector adding the
fire districts will hold the process up until the applicant complies.
After further discussion among the Board, the emergency access will be allowed. However,
the Board also agreed that conversations need to happen with the Fire Districts to discuss
concerns related to these secondary accesses.
• Lori Hiatt, applicant, stated one of the two (2) homes on the property is for her and her
husband and the other home is for the co-owner of the business which will allow them to live
on-site and assist with any security issues that may come up. Ms. Hiatt stated she is a rule follower
and guarantees the emergency access will not be used, other than for an emergency.
• In response to Commissioner Cozad, Ms. Light stated an Air Permit is required and these
requirements would be deferred to the State. In response to Commissioner Cozad, Ms. Aungst
clarified the rails in close proximity to the site. Commissioner Cozad stated the importance of
safety controls for the rail crossing due to the development in that area. She clarified the railroad
will require the developer to install these safety controls. In further response to Commissioner
Cozad, Ms. Aungst stated referrals will be sent to the railroads in light of future development.
le Mr. Howard stated a recent safety diagnostic has been performed on the crossings in
question and currently the traffic did not meet the warrant for a signal; however, future
development will trigger a signal and increased safety measures. Commissioner Cozad clarified
for the record that traffic increase will be both vehicles and rail.
▪ In response to Commissioner Moreno, Ms. Hiatt explained the hours of operation are limited
for security reasons and the gate will be locked and coded for the RV storage area. Mr. Koldeway
explained the parking area and the entrance will be recycled asphalt.
_J In response to Commissioner Kirkmeyer, Mr. Howard stated the requirement for COA#1.B
has been met. Commissioner Kirkmeyer suggested the deletion of COA#1.B. The Board agreed.
She further suggested a Condition of Approval regarding the applicant paying their portion of the
rail crossing when the traffic triggers this improvement. Commissioner Cozad suggested this be
included in an Improvements Agreement. Mr. Howard agreed the language can be included in an
Improvements Agreement. Commissioner Conway asked for clarification regarding the
applicant's responsibility for this based on their use and liability.
After further discussion, Commissioner Conway stated he does not think this USR will trigger
improvements. Commissioner Kirkmeyer suggested the Board decide whether to put in the
requirement regarding an Improvements Agreement. Commissioner Cozad agreed with the
Improvements Agreement. Commissioner Moreno stated he is unsure whether this is an attempt
to predict the future and in reality putting a strain on the applicant. Commissioner Kirkmeyer stated
she appreciated her fellow Commissioner's comments.
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CI Commissioner Kirkmeyer suggested adding language to DS #6 to ensure sight distance
visibility at the railroad crossing. The Board agreed. Commissioner Kirkmeyer reiterated her
frustration regarding unneccesary accesses and the importance of following the Code.
El In response to Chair Pro-Tern Conway, Sage Brush, LLC, do Randy Jackson, indicated
they have reviewed, and agree to abide by, the Conditions of Approval and Development
Standards, as amended.
Commissioner Cozad moved to approve the request of Sage Brush, LLC, c/o Randy
Jackson, for a Site Specific Development Plan and Use by Special Review Permit, USR15-0044,
for any Use permitted as a Use By Right, Accessory Use, or Use By Special Review in the
Commercial or Industrial Zone Districts (pet memorial, euthanasia, and crematory and RV
storage) 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 and one (1)
single family dwelling unit per lot other than those permitted under Section 23-3-20.A (second
single-family dwelling unit) 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
Moreno. Commisioner Cozad expressed her appreciation for the public and the applicant and
stated the application does meet the criteria. She stated the importance of visiting with the Fire
Districts and concurred with the comments of Commissioner Kirkmeyer. Commissioner Moreno
thanked the public for coming. Commisisoner Kirkmeyer concurred. Chair Pro-Tern Conway also
expressed his appreciation for the public's participation. The motion carried unanimously. There
being no further discussion, the hearing was completed at 11:32 a.m.
This Certification was approved on the 18th day of January, 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:d 1jed-L;eAEXCUSED
Mike Freeman, Chair
Weld County Clerk to the Board
S P. Conway, Pro-Tern
BY: .IM -
De uW Clerk to the Bo d (ITh
lld uIieA. Cozad
AP D. FORM: y��, 1u-i� /
1=�"'�•,. a:-r Kirkmeye
County Attorney pPIIPPr
.
,`� �g' ve Moreno
Date of signature: S
2016-0095
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