HomeMy WebLinkAbout20151278.tiff HEARING CERTIFICATION
DOCKET NO. 2015-44
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR15-0009, FOR USES SIMILAR TO THE USES LISTED AS USES BY SPECIAL
REVIEW IN THE A (AGRICULTURAL) ZONE DISTRICT (TRUCKING COMPANY,
ALONG WITH OUTSIDE EQUIPMENT/VEHICLE STORAGE AND STAGING), AS
LONG AS THE USE COMPLIES WITH THE GENERAL INTENT OF THE
A (AGRICULTURAL) ZONE DISTRICT — DANIEL AND REBECCA GUZMAN
A public hearing was conducted on May 13, 2015, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro-Tern
Commissioner Sean P. Conway
Commissioner Julie A. Cozad
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Tisa Juanicorena
Assistant County Attorney, Brad Yatabe
Planning Services Department representative, Kim Ogle
Planning Services Engineer representative, Wayne Howard
Health Department representative, Lauren Light
The following business was transacted:
Vi I hereby certify that pursuant to a notice dated April 3, 2015, and duly published April 8,
2015, in the Greeley Tribune, a public hearing was conducted to consider the request of Daniel
and Rebecca Guzman, for a Site Specific Development Plan and Use by Special Review
Permit, USR15-0009, for Uses similar to the Uses listed as Uses by Special Review in the
A (Agricultural) Zone District (trucking company, along with outside equipment/vehicle storage
and staging), as long as the Use complies with the general intent of the A (Agricultural) Zone
District. Brad Yatabe, Assistant County Attorney, made this a matter of record.
tD Kim Ogle, Department of Planning Services, presented a brief summary of the proposal
stating the site lies within the Union Colony Subdivision and within the three (3) mile referral
area of the City's of Greeley, Evans, and Garden City, and the Town of Kersey. He further
stated the City of Greeley returned the referral and indicated the site lies within the long range
expected growth area and development is expected in the next 20 years and mentioned
consideration of site development and future rights-of-way. The City of Garden City and the
Town of Kersey indicated no conflicts and the City of Evans did not respond. Mr. Ogle
described the surrounding land uses and residences and stated the applicant intends to screen
the storage and staging of vehicles. He stated that staff has not received any communication
from surrounding property owners in objection of this proposal. He described the hours of
operation, number of employees, and the proposed buildings and improvements. Staff sent out
16 referrals and six (6) responded with no comment, and four (4) responded with comments
which were taken into consideration with the Conditions of Approval (COA) and Development
Standards (DS). He entered the favorable recommendation of the Planning Commission into the
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record as written and displayed a PowerPoint of the site location, surrounding views and
adjacent properties. In response to Commissioner Cozad, Mr. Ogle stated Balsam Avenue and
East 16th Street are under Weld County jurisdiction. Mr. Ogle also reviewed the map depicting
the different zoning districts in the area.
a Wayne Howard, Department of Public Works, provided a brief overview of the
transportation plans and requirements and stated the site is located off of Balsam Avenue and
East 16th Street which are both paved and designated as local roads requiring 60 feet of right-
of-way at full buildout. He reviewed the requirements regarding rights-of-way and collector
classification and reported the average daily traffic counts. He further stated the applicant is
proposing ten (10) round trips per day, and that the Access Permit has been granted,
AP15-00084. He further reviewed the relevant requirements to include entrance gates must be
set back within 75 feet of the designated right-of-way to allow trucks and trailers to pull off
completely, and tracking control is required and may consist of a minimum of 300 feet of road
base or recycled asphalt. The site is not in a geologic hazard or floodplain area and the water
quality feature is acceptable and must be labeled on the map. In response to Commissioner
Cozad, Mr. Howard stated the request for the additional right-of-way being delineated on the
map was not a requirement, but was voluntarily added by the applicant.
0 Lauren Light, Department of Public Health and Environment, reviewed the water and
sewer provisions stating the current service for the residence is provided by the North Weld
County Water District and the City of Greeley, and further stated the applicant could use
portable toilets and bottled water for drivers as needed and as an alternative to using the
residence. She reviewed the changes to the Dust Abatement Plan and Waste Handling Plan
based on the Board's direction and stated there would be no maintenance or washing of
vehicles, or fuel storage on-site.
ei Deanne Frederickson, AGPROfessionals, LLC, represented the applicant and stated the
site would employ up to ten (10) drivers, with up to ten (10) trucks and trailers parked on-site,
and there would be no manufacturing at this site. She reviewed the surrounding land uses and
stated this area can support this requested use, and reviewed the discussion surrounding the
accesses to meet the requirement for the 75-foot setback to put in a gate at the entrance. She
displayed a PowerPoint presentation and stated the reasons the application meets the
obligations of the Weld County Code. She explained the nature of the business as a trucking
company to include storage and staging of vehicles and stated it is compatible with surrounding
land uses and the applicant has met the requirements for approval. She communicated the list
of recommendations provided by the City of Greeley and the considerations made on the
applicant's part to cooperate. In response to Chair Kirkmeyer, Ms. Frederickson stated the
applicant is prepared to put in a fire hydrant when the building is constructed. In response to
Commissioner Cozad, Ms. Frederickson reviewed the materials for the entrance to the site as
gravel or recycled asphalt.
0 No public testimony was offered concerning this matter.
0 In response to Commissioner Conway, Mr. Ogle reviewed the recommendations offered in
the referral response submitted by the City of Greeley.
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El Chair Kirkmeyer suggested changing Condition of Approval (COA) #1.B to delete the
words "attempt to address" and replace them with "acknowledge". In response to
Chair Kirkmeyer, Ms. Frederickson stated the applicant is applying for a new access and if it is
approved, will remove one access to keep the total number of accesses to two (2), as required,
and she pointed out which access would be deleted and the location of the new access which
allows for compliance with the gate setback requirement. Mr. Howard agreed staff is working
with the applicant to accomplish this. In response to Commissioner Cozad, Mr. Ogle explained
the well is currently not in use but should it be used, it will need to be permitted. Commissioner
Cozad further suggested deleting DS #3. Commissioner Freeman asked if the hours of
operation listed on DS #4 were adequate and Ms. Frederickson indicated they were.
Ms. Frederickson further clarified the "unpermitted well" discussed in COA #1.A is not a well but
an irrigation pump, therefore, the requirement to permit the well for future use is not necessary.
The Board and staff agreed to delete COA#1.A.
el In response to Chair Kirkmeyer, Ms. Frederickson, on behalf of Daniel and Rebecca
Guzman, indicated they have reviewed, and agree to abide by, the Conditions of Approval and
Development Standards, as amended.
CI Commissioner Conway moved to approve the request of Daniel and Rebecca Guzman, for
a Site Specific Development Plan and Use by Special Review Permit, USR15-0009, for Uses
similar to the Uses listed as Uses by Special Review in the A (Agricultural) Zone District
(trucking company, along with outside equipment/vehicle storage and staging), as long as the
Use complies with the general intent of 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, and it carried unanimously. There being no further
discussion, the hearing was completed at 10:58 a.m.
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This Certification was approved on the 18th day of May, 2015.
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, OLORADO
ATTEST: � o:41/,
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