HomeMy WebLinkAbout20150105.tiff HEARING CERTIFICATION
DOCKET NO. 2015-05
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR14-0061, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (STORAGE OF COMMERCIAL MATERIALS - DOORS, TRIM, CARPET,
TOILETS AND CABINETS FOR RENTAL PROPERTIES IN A STRUCTURE AND THE
PARKING AND STORAGE OF FIVE (5) COMMERCIAL VEHICLES) 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- RICHARD CARLSON
A public hearing was conducted on January 14, 2015, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro-Tem
Commissioner Sean P. Conway
Commissioner Julie A. Cozad
Commissioner Steve Moreno
Also present:
Clerk to the Board, Esther Gesick
Assistant County Attorney, Brad Yatabe
Planning Services Department representative, Kim Ogle
Planning Services Engineer representative, Jennifer Petrik
Health Department representative, Lauren Light
The following business was transacted:
le I hereby certify that pursuant to a notice dated November 26, 2014, and duly published
December 1, 2014, in the Greeley Tribune, a public hearing was conducted to consider the
request of Richard Carlson, for a Site Specific Development Plan and Use by Special Review
Permit, USR14-0061, fora Use permitted as a Use by Right, Accessory Use, or Use by Special
Review in the Commercial or Industrial Zone Districts (storage of commercial materials — doors,
trim, carpet, toilets and cabinets for rental properties in a structure and the parking and storage
of five (5) commercial vehicles) 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.
F Kim Ogle, Department of Planning Services, presented a brief summary of the proposal
and the wishes of the applicant to correct current zoning violation, ZCD14-0094, and to bring the
property into compliance. The property is located within the three (3) mile referral area of the
Town of Hudson which did not express any conflicts of interest in the referral process. If
approved, the violation will be corrected. If denied, all storage will be removed and the violation
will proceed in court. There were three letters from surrounding property owners objecting to this
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HEARING CERTIFICATION - RICHARD CARLSON (USR14-0061)
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USR because of concerns regarding non-commercial junkyard, necessity of screening, single
wide office trailer, and storing of materials on-site. The Conditions of Approval require a fencing
enclosure as a part of the screening plan to assist in mitigating these concerns and ensuring
compatibility with surrounding land uses. Planning Commission unanimously recommends
approval.
E Jennifer Petrik, Department of Public Works, provided a brief overview of the
transportation plans and requirements stating a Weld County Access Permit is not required, the
water quality is sufficient, and the weeds must be maintained.
El Lauren Light, Department of Public Health and Environment, reviewed the water and
sewer provisions, including the applicable Conditions of Approval. Visitors to the home are
currently using the restroom in the house which exceeds the capacity of the current septic
system. This needs to be addressed by obtaining a Commercial Well Permit for a separate
septic system which must be engineer reviewed if business use exceeds capacity, per the
Division of Water Resources. The Conditions of Approval addresses the requirements of a Dust
Abatement Plan, Waste Handling Plan, burning permit requirements, painting waste and
storage, and noise restrictions. Development Standards 6-18 are typical Environmental Health
items. In response to Commissioner Cozad, Ms. Light stated an APEN is only required if
painting is to occur, otherwise submission of written documentation that this is not a use at the
site will be sufficient.
El Richard Carlson, applicant, clarified there is not any painting on-site. The painting supplies
are a part of their business to care for their rental properties and other properties they are
contracted to remodel or build. In response to Commissioner Conway regarding the piles on the
property, Mr. Carlson responded they have piles of supplies that they purchase and then
steadily use up, and they also have piles of waste items that they allow to accrue and
subsequently remove as needed.
El No public testimony was offered concerning this matter.
In response to Chair Kirkmeyer, Mr. Carlson indicated he has reviewed, and agrees to
abide by, the Conditions of Approval and Development Standards, as amended. The applicant
stated they will not be using the office trailer and will be removing the trailer from the premises,
therefore will not need the commercial well. Lauren Light clarified the steps to meet the
requirements of the Dust Abatement Plan and the sanitary facility.
El Commissioner Conway moved to approve the request of Richard Carlson, for a Site
Specific Development Plan and Use by Special Review Permit, USR14-0061, for a Use
permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (storage of commercial materials — doors, trim, carpet, toilets and
cabinets for rental properties in a structure and the parking and storage of five (5) commercial
vehicles) 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 entered into the
2015-0105
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HEARING CERTIFICATION - RICHARD CARLSON (USR14-0061)
PAGE 3
record. The motion was seconded by Commissioner Cozad, and it carried unanimously. There
being no further discussion, the hearing was completed at 10:36 a.m.
This Certification was approved on the 19th day of January, 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, RADO
ATTEST: ' , , / .� áKirkmeA
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Weld County Clerk to the Board
Mike Freeman, Pro-Tem
Dip .y Clerk to t e Boar.
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�e‘ Sean P. Conway
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y7� ie A. Cozad
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`•••• 14 e Steve Moreno
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