HomeMy WebLinkAbout20161320.tiff HEARING CERTIFICATION
DOCKET NO . 2016 -39 . B
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 FOR FIVE ( 5 ) STEP DECKS (SEMI-TRAILERS ), EIGHT (8) VANS , TWO (2)
CARGO CONTAINERS ( SEA BOXES ) , ONE ( 1 ) GOOSENECK, ONE ( 1 ) CAR HAULER,
TWO ( 2 ) GRAVEL TRAILERS, ONE ( 1 ) DUMP TRUCK, ONE ( 1 ) SIDEKICK TRUCK,
FOUR (4) LOADERS , THREE ( 3 ) SEMI TRACTORS , STACKED ANGLE IRON , RODS ,
PIPERACK, AND PIPES ) 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 May 11 . 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 - EXCUSED
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 :
f1 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 on April 20 , 2016 , 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 for five (5) step
decks (semi-trailers) , eight (8) vans, two (2) cargo containers (sea boxes) . one ( 1 ) gooseneck,
one ( 1 ) car hauler. two (2) gravel trailers. one ( 1 ) dump truck. one ( 1 ) sidekick truck. four (4)
loaders . three (3) semi tractors . stacked angle iron . rods , piperack, and pipes) 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, at which
time the Board deemed it necessary to continue the matter to May 11 , 2016, to provide the
applicant adequate time to meet with staff regarding additional direction from the Board . On
May 11 . 2016 . Bob Choate . Assistant County Attorney, made this a matter of record .
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Chair Freeman reviewed . for the applicant and the public. the procedures to follow should
either case result in a tie vote due to four Commissioners being present and one Commissioner
excused .
.- Chair Freeman requested that any new information be presented .
NI Diana Aungst, Department of Planning Services , presented a brief summary of the prior
hearing to include the direction given the applicant at that time. Ms. Aungst stated the three items
the applicant was to return with were: 1 ) a plan to clean up the property, 2) an example of the
proposed fencing , and 3) a more specific description for what exactly would be stored on the
property. She reviewed the exhibits reflecting the aforementioned as submitted by the applicant
and stated the applicant has been working with staff to come into compliance. Lastly, Ms. Aungst
referred to the exhibit which contained pictures of items considered to be yard decorations . and
not to be confused with items to be removed .
P Commissioner Cozad requested the word "some" be removed from the modified title and
throughout the Resolution .
Sheryl Hill , applicant, stated they have started cleaning up the property and have also called
for the utility companies to come out and locate the lines and property boundaries so they can
start the fence process . In response to Commissioner Conway, Ms . Hill stated they have
contacted various dairies in the area who want the tires and they will deliver the tires accordingly .
She stated she does not know how many tires there are .
Kimberly Cecil , neighbor, asked what the difference is with what is there and what will be
taken off. She further stated she had discussed the fence sample with Ms . Hill . In response to
Commissioner Cozad , Ms . Cecil confirmed she is not against the USR and is looking forward to
the fence being put up.
a In response to Commissioner Cozad . Ms . Hill stated she believes the four (4) month period
regarding recording the plat is an adequate time frame to get the property in compliance and the
plat recorded . Commissioner Cozad reminded the applicant that the USR can be revoked if not
in compliance . She further stated she is ready to move forward with the application given the
steps the applicant is taking to get into compliance.
In response to Chair Freeman , Ms . Hill clarified the items to be removed and described the
proposed fencing .
Commissioner Cozad suggested replacing the word "some" with stacked . She clarified the
Use is limited by the new description of what items can be stored on the property and she further
suggested a Condition of Approval (COA) be added to confine the angle iron , rods , pipe rack and
pipes to the storage area and shall be designated on the map.
After further discussion . Mr. Choate suggested language for the new DS #9 to read . "All
angle iron . rods, and pipes must be stacked on the pipe rack as shown on the plat. " He further
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suggested an additional COA that the map shall show the location of the pipe rack. The Board
agreed .
Commissioner Cozad recommended language for the new COA # 1 .A. 8 to read . " Show and
label the location of the pipe rack within the screened area . " The Board concurred .
'= Mr. Choate recommended a new DS that expresses what is in the fenced area. Ms . Aungst
recommended the new DS #8 read , "All items listed in the request language equipment shall be
within the fenced area. " The Board agreed with this recommendation .
Ms . Aungst displayed an image of the fencing and stated landscaping is not required due to
the fencing .
P In response to Commissioner Conway. Ms . Hill stated she had not discussed the fencing
with the neighbor because it would match the shop and the fencing along their adjacent property.
After further discussion , Commissioner Cozad suggested the applicant work with the neighbor
regarding the style of fencing .
Chair Freeman began to review the changes for the applicant. Commissioner Cozad clarified
the only items allowed to be stored are the items listed in the description .
L( Chair Freeman continued to review the changes to the Resolution for the applicant.
In response to Chair Freeman , Ms . Hill indicated she has reviewed , and agrees to abide by,
the Conditions of Approval and Development Standards , as amended .
Commissioner Cozad moved to approve 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 for five (5) step decks (semi-trailers) , eight (8) vans , two (2) cargo containers
(sea boxes) , one ( 1 ) gooseneck . one ( 1 ) car hauler. two (2) gravel trailers, one ( 1 ) dump truck ,
one ( 1 ) sidekick truck, four (4) loaders, three (3) semi tractors , stacked angle iron , rods . piperack,
and pipes) 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 Moreno . Commissioner
Cozad reiterated the importance of working with the neighbor now and in the future and thanked
the applicant for cooperating and working to get into compliance . Commissioner Conway stated
his appreciation for the applicant making the effort to work with the neighbors and staff and
encouraged the applicant to remain in compliance and not add new items. He also thanked the
neighbor for being present. Commissioner Moreno added his thanks to the applicant and the
neighbor. Chair Freeman concurred and wished the applicant the best of luck. The motion carried
unanimously. There being no further discussion . the hearing was completed at 10 : 40 a . m .
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This Certification was approved on the 16th day of May, 2016 .
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY. COLORADO
ATTEST: J�to.e4 7M:ASAJekt---__
Mike Freeman . Chair
Weld County Clerk to the Board _
Sean P . Conway, Pro-Tern
BY :
a
T � r
Deputy Clerk to the Board CE
,I. lie A. Cozad
APPROVEp A SED
1161 ( .�• `: :� ar• ar_ Kirkmeyer
n ttorney
'/ �� r ve Moreno
Date of signature: 5/1-Y lLO
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