HomeMy WebLinkAbout20151291.tiff HEARING CERTIFICATION
DOCKET NO. 2015-46
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR15-0005, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (OFFICE, MAINTENANCE SHOP, AND OUTDOOR STORAGE/STAGING
OF VEHICLES AND EQUIPMENT FOR AN EARTHMOVING AND EXCAVATION
COMPANY) 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 - CLAYSTONE HOLDINGS, LLC
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, Chris Gathman
Planning Services Engineer representative, Jennifer Petrik
Health Department representative, Lauren Light
The following business was transacted:
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
Claystone Holdings, LLC, for a Site Specific Development Plan and Use by Special Review
Permit, USR15-0005, for a Use permitted as a Use by Right, Accessory Use, or Use by Special
Review in the Commercial or Industrial Zone Districts (office, maintenance shop, and outdoor
storage/staging of vehicles and equipment for an earthmoving and excavation company)
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. Brad Yatabe, Assistant County Attorney, made this a matter of
record.
e Chris Gathman, Department of Planning Services, presented a brief summary of the
proposal and stated the applicant is planning to construct a shop for the repair and maintenance
of equipment along with an office building. The outdoor portion of storage will be used for
equipment, supplies and parts for job sites, and the parking of vehicles, trucks and trailers at
night and on the weekends. Up to 15 employees will visit the site each day to include office
staff, mechanics and truck drivers. He stated the hours of operation and reviewed the
surrounding land uses. Mr. Gathman stated the nearest residence is approximately 500 feet to
the east of the site. Staff sent out 15 referrals and received 10 responses with either no
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comments or recommended approval with conditions. The site is located within the three (3)
mile referral areas of the municipalities of the City of Fort Lupton and the Town of Frederick with
no response from the Town of Frederick and the response from the City of Fort Lupton indicated
no concerns. Mr. Gathman stated the applicant is proposing to install landscaping on the east
side of the office building. He entered the favorable recommendation of the Planning
Commission into the record as written, and displayed some photos of the site, to include the
floodplain map, surrounding views and adjacent properties. In response to Commissioner
Cozad, Mr. Gathman stated there is no current language regarding the floodplain and
requirement for a flood hazard development permit.
Jennifer Petrik, Department of Planning Services Engineer, provided a brief overview of
the transportation plans and requirements, stated the location of the access, and gave the daily
average traffic counts. She communicated the traffic narrative indicates an easement has been
granted for an access for a new entrance road that is part of the acceleration/deceleration
project for the Ready Mixed Concrete Company and the easement will be shown on the map.
Staff recommends a road maintenance agreement and tracking control to include 300 feet of
recycled asphalt or road base. Ms. Petrik stated the site is not in a geologic hazard area but is in
the flood fringe area and the applicant is working with the County regarding options for drainage
and a recommended water quality feature. She further stated the applicant is required to
maintain the historical drainage patterns, attain a Weld County Grading Permit if disturbing more
than one (1) acre, and label accordingly the approved Colorado Department of Transportation
(CDOT) Access Permit number, right-of-way and easements, standard tracking control, turning
radii, and parking circulation. In response to Chair Kirkmeyer, Mr. Gathman verified the
applicant has a Flood Hazard Development Permit, and Ms. Petrik clarified the difference
between the floodplain and flood fringe explaining within the floodplain you can have a floodway
and flood fringe, and being in the flood fringe requires a Flood Hazard Development Permit.
el Lauren Light, Department of Public Health and Environment, reviewed the water and
sewer provisions and stated the applicant has a Commercial Well Permit and will be putting in a
commercial septic system when they construct the office; however, during construction they can
use the portable toilets unless they exceed two (2) full-time employees then they would be
required to permit the well and septic. She further suggested changes regarding the Dust
Abatement Plan and listed off the relevant Development Standards.
El In response to Commissioner Cozad, Ms. Petrik stated she would research the receipt of
a referral response from CDOT and she also clarified the shared access on the map.
G Randy Stippich, Claystone Construction, applicant, stated the intent is to operate an earth
moving and excavation business. The property was purchased from Ready Mixed Concrete
Company, which is a client. Traffic was addressed when Ready Mixed Concrete designed their
access with CDOT, and the traffic counts for Claystone were added, as it was planned to be a
shared access. He stated the entrance is a total of 60 feet and CDOT is requiring Ready Mixed
Concrete to build the acceleration/deceleration lanes and pave 300 feet at the access, which
benefits Claystone.
No public testimony was offered concerning this matter.
2015-1291
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e Commissioner Freeman suggested the hours of operation be changed to 6:00 a.m. to
8:00 p.m. on Development Standard (DS) #3. Ms. Light suggested changes to DS #9, and
DS #10 to reflect Article 14 of the Weld County Code. Chair Kirkmeyer recommended adding
the word "area" in regard to parking on DS #4, and lastly Mr. Gathman suggested a new
Condition of Approval (COA) #1.D.13 regarding the floodplain and floodway be shown and
labeled on the map, and further that a new DS be added to require a flood hazard development
permit.
G In response to Chair Kirkmeyer, Mr. Stippich, of Claystone Holdings, LLC, indicated he
has reviewed, and agrees to abide by, the Conditions of Approval and Development Standards,
as amended.
CI Commissioner Freeman moved to approve the request of Claystone Holdings, LLC, for a
Site Specific Development Plan and Use by Special Review Permit, USR15-0005, for a Use
permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (office, maintenance shop, and outdoor storage/staging of vehicles and
equipment for an earthmoving and excavation company) 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, and it carried unanimously. There being no further
discussion, the hearing was completed at 11:21 a.m.
This Certification was approved on the 18th day of May, 2015.
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, OLORADO
ATTEST: CC�� G CI . do•� Barbara Kirk eyer, C air
Weld County Clerk to the Board
Mike Freeman, Pro-Tem
De. 4 Clerk to the Boa • kis �°a'-an P. Conw y
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