HomeMy WebLinkAbout20152123.tiff HEARING CERTIFICATION
DOCKET NO. 2015-51.B
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR14-0073, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (RECYCLING OF AGGREGATE INCLUDING CONCRETE, ASPHALT AND
FILL DIRT) 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— BUCKLEN EQUIPMENT COMPANY
A public hearing was conducted on July 29, 2015, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro-Tern
Commissioner Sean P. Conway - EXCUSED
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, Diana Aungst
Planning Services Engineer representative, Jennifer Petrik
Health Department representative, Heather Barbare
The following business was transacted:
I hereby certify that pursuant to a notice dated May 1, 2015, and duly published
May 6, 2015, in the Greeley Tribune, a public hearing was conducted July 8, 2015, to consider
the request of Bucklen Equipment Company, for a Site Specific Development Plan and Use by
Special Review Permit, USR14-0073, for any Use permitted as a Use by Right, Accessory Use,
or Use by Special Review in the Commercial or Industrial Zone Districts (recycling of aggregate
including concrete, asphalt and fill dirt) 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 case to July 29, 2015, to allow the applicant to present before a full
quorum of the Board. On July 29, 2015, Brad Yatabe, Assistant County Attorney, made this a
matter of record.
Chair Kirkmeyer advised Tim Naylor, AGPROfessionals, LLC, representing the applicant,
that, since Commissioner Conway was not able to be present, he had the option of continuing
this matter to a date with the full Board present. However, if he decides to proceed today, it will
require three affirmative votes, or in the case of a tie vote, Commissioner Conway will listen to
the record and make the determining vote. Mr. Naylor indicated he would like to proceed.
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• Diana Aungst, Department of Planning Services, presented a brief summary of the
proposal and stated staff sent out 17 referrals and received twelve (12) indicating either no
response or no concerns. She explained the history of the mining site and the fact that there
was never a USR in place as this use dates back to the 1970s. However, Ms. Aungst clarified
that a new USR Permit is required to approve the proposed recycling business. She described
the proposed operations to include the requirement that the stockpiles be placed 100 feet from
the south edge of the Cache La Poudre River, the hours of operation, and because of the
location, clarified that neither screening nor lighting is required. Ms. Aungst stated the site is not
adjacent to any right-of-way, there will be no customers on-site, water and portable toilets will be
available on the site, and the offices and indoor restrooms are available to the west. Ms. Aungst
reported the site is in the flood hazard area. She stated that if the application is approved, it will
correct the violation, if denied, the site shall return to historical use. She mentioned the adjacent
uses in the area for mining and gravel activities within a mile radius. She clarified the location of
the nearest residence and stated staff had received no correspondence from surrounding
property owners. The site is within the three (3) mile referral area of the City of Greeley, which
indicated in the referral response that the site is within the City of Greeley's Long Range
Expected Growth Area and that if additional water services or sanitary sewer are needed the
location will be required to annex in to the City of Greeley. Ms. Aungst displayed images of the
site and surrounding areas and entered the favorable recommendation of the Planning
Commission into the record as written.
• Jennifer Petrik, Planning Services Engineer, provided a brief overview of the
transportation plans and requirements and reported the site is east of and adjacent to
25th Avenue in Greeley, which is a local paved road with an average daily traffic count of 3,086.
She stated the applicant submitted a traffic narrative indicating 20 semi trucks and trailers will
visit the site and an access permit has been approved, AP14-00467. Ms. Petrik reported the
access crosses two (2) other parcels and an easement is required. She reviewed the
requirements for traking control, and clarified that the Improvements Agreement was approved
and recorded November 10, 1993, for USR-1001 can be used without changes. Ms. Petrik
stated the site is not in a geologic hazard area, but is in a floodplain, and the historic drainage
patterns must be maintained. She reviewed the Development Standards (DS) relative to Public
Works and reviewed the changes to be discussed. In response to Commissioner Cozad, she
stated the changes had been recommended at the Planning Commission hearing.
• Heather Barbare, Department of Public Health and Environment, reviewed the water and
sewer provisions to allow bottled water and portable toilets on-site due to the number of
employees. She reviewed the Dust Abatement, Waste Handling, and Soil Screening Plans and
reported that DS #10-18 address relevant requirements that pertain to Environmental Health.
Ms. Barbare mentioned one change to the Development Standards to be discussed.
Tim Naylor, AGPROfessionals, LLC, represented the applicant and stated that staff had
done an excellent job assisting with the application process and that he did not think it was
necessary to present any other materials at that time.
• No public testimony was offered concerning this matter.
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• In response to Commissioner Cozad, Mr. Naylor clarified, in regard to the easement, that
the parcels being crossed also belong to the applicant and that the easements have been
created and established. In response to Chair Kirkmeyer, he explained the one access.
• In response to Chair Kirkmeyer, Mr. Naylor indicated the applicant is in agreement with the
changes proposed by staff. Chair Kirkmeyer reviewed the recommended changes to delete
Condition of Approval #1.B, leave in Development Standard (DS) #6, and change DS #14 to the
approved wording regarding fugitive dust. Mr. Naylor had no other changes. Ms. Barbare
agreed to the suggested changes. The Board concurred with all recommended changes. In
response to Commissioner Moreno, Mr. Naylor stated his request to extend to the hours of
operation to 8:00 p.m. In response to Commissioner Cozad, Mr. Naylor stated the number of
employees is acceptable. Ms. Barbare clarified the requirement reflected in Condition of
Approval #1.A.
• In response to Chair Kirkmeyer, Mr. Naylor, representing Bucklen Equipment Company,
indicated they have reviewed, and agree to abide by, the Conditions of Approval and
Development Standards, as amended.
• Commissioner Moreno moved to approve the request of Bucklen Equipment Company for
a Site Specific Development Plan and Use by Special Review Permit, USR14-0073, for any Use
permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (recycling of aggregate including concrete, asphalt and fill dirt) 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 Cozad, and it carried unanimously. There
being no further discussion, the hearing was completed at 10:33 a.m.
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This Certification was approved on the 3rd day of August, 2015.
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BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CO ORADOii, _
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