HomeMy WebLinkAbout20154009.tiff HEARING CERTIFICATION
DOCKET NO. 2015-116
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR15-0052, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (CONCRETE CONSTRUCTION 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, AND ONE ADDITIONAL GREATER THAN
16-SQUARE-FOOT WALL MOUNTED SIGN IN THE A (AGRICULTURAL) ZONE
DISTRICT - L.E.C. CONSTRUCTION, LLC
was conducted on December 30, 2015, at 10:00 a.m. with the following present:
Apublic hearing
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, Frank Haug
Planning Services Department representative, Kim Ogle
Planning Services Engineer representative, Wayne Howard
Health Department representative, Lauren Light
The following business was transacted:
le I hereby certify that pursuant to a notice dated October 29, 2015, and duly published
November 3, 2015, in the Greeley Tribune, a public hearing was conducted to consider the
request of L.E.C. Construction, LLC, for a Site Specific Development Plan and Use by Special
Review Permit, USR15-0052, for Use permitted as a Use by Right, Accessory Use, or Use by
Special Review in the Commercial or Industrial Zone Districts (concrete construction 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, and one additional
greater than 16-square-foot wall mounted sign in the A (Agricultural) Zone District. Frank Haug,
Assistant County Attorney, made this a matter of record.
(Clerk's Note: Prior to today's hearings, Chair Kirkmeyer reviewed, for the public, the procedures
to follow should either case result in a tie vote due to four Commissioner's being present and one
Commissioner excused.)
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal
reviewing the location in relation to relevant County roads and surrounding land uses. He stated
staff has not received any correspondence regarding this application. Mr. Ogle explained the site
is outside the Intergovernmental Agreement Area of Kersey; however, it is within the Kersey
Planning Area and Kersey has requested the applicant consider annexation. The fire district has
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requested the applicant install a fire hydrant, which has been installed. Mr. Ogle described the
land as non-irrigated, close to corridors, and pointed out the nearest residences. He stated staff
has required screening to mitigate the impact to surrounding property owners. He reviewed the
proposed structures to include an office, shop, parking area, and outdoor storage. Staff sent out
17 referrals and received four (4) responses with comments. He displayed images of the site,
surrounding properties and views, and entered the favorable recommendation of the Planning
Commission into the record as written.
• Wayne Howard, Planning Services Engineer representative, provided a brief overview of
the transportation plans and requirements stating the approved access is off of County Road
(CR) 54, Access Permit, AP#15-00450. He stated CR 54 is a gravel road requiring 60 feet of
public right-of-way and is maintained by Weld County. Mr. Howard reported there are no traffic
counts available and the traffic narrative indicated approximately 25 passenger vehicles, ten (10)
pickups with trailers, and five (5) semi-trucks round trips per day. He reviewed the haul routes
and tracking control and stated no Improvements Agreement is required at this time. Mr. Howard
stated the water quality feature and drainage feature meets the requirement and reviewed the
relevant requirements related to Public Works.
• Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions stating the Central Weld County Water District will provide water and the applicant is
proposing to install a commercial septic system when the office and shop are built. She stated
portable toilets are acceptable for the drivers visiting the site and Development Standards
(DS) #7-16 address items typical to Environmental Health.
• Landon Cogburn, applicant, stated they have a small family business that has quadrupled
in size and they have outgrown the place they were renting in Greeley. He explained because of
the growth they found this site and purchased it with the intent to expand and be able to build an
office and a shop which provides more room to work and house the equipment.
No public testimony was offered concerning this matter.
• In response to Chair Kirkmeyer, Mr. Cogburn indicated they have reviewed the Conditions
of Approval and Development Standards and have no concerns. In response to Chair Kirkmeyer,
he stated he has not spoken to anyone regarding the Small Business Incentive Program.
Chair Kirkmeyer instructed staff to provide information.
• Chair Kirkmeyer suggested deleting Condition of Approval (COA) #1.A and renumber
accordingly, because the applicant has addressed these concerns; and furthermore, to remove
the words "as applicable"on COA#1.B.9 for the same reason. The Board concurred. She further
instructed the applicant to submit an Emergency Action Plan due to the fuel tanks on-site and
recommended inserting the typical language reflecting this requirement. The Board agreed.
Mr. Cogburn stated he agrees and is on good terms with the fire district.
• In response to Commissioner Moreno, Mr. Cogburn stated he has visited with the neighbors
and they are aware of the operation plan and support the application.
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▪ In response to Chair Kirkmeyer, Mr. Cogburn described the existing fencing and landscaping.
Commissioner Cozad recommended additional screening and landscaping to buffer lights and
noise from neighbors. Chair Kirkmeyer agreed and suggested changing COA#1.B.5 to read, "The
parking and outdoor storage shall be screened from existing adjacent residences."
El Chair Kirkmeyer reviewed the amendments to the Resolution for the applicant.
IR Chair Kirkmeyer requested clarification from Mr. Haug regarding the size of the sign and
correcting DS #6 to accurately reflect the proposed signage. After further discussion, the Board
agreed to add, "with the exception of the additional greater than 16-square-foot wall mounted
sign."
El Mr. Ogle interjected the addition of the new DS #23 to align with COA #6.A reflecting the
requirements related to submitting an Emergency Action and Safety Plan.
▪ In response to Chair Kirkmeyer, Mr. Cogburn indicated he has reviewed, and agrees to
abide by, the Conditions of Approval and Development Standards, as amended.
• Commissioner Cozad moved to approve the request of L.E.C. Construction, LLC, for a Site
Specific Development Plan and Use by Special Review Permit, USR15-0052, for any Use
permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (concrete construction 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, and one additional greater than 16-square-foot wall mounted
sign 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 Freeman, and
it carried unanimously. There being no further discussion, the hearing was completed at
11:15 a.m.
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This Certification was approved on the 4th day of January, 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, OLORADO
ATTEST: datyfeti
C jeLo•v
arbara Kirkme er, Chair
Weld Co ty Clerk to the Board
-ca„. 1.Qro —
Mike Freeman, Pro-Tem
BY:
Deputy Cler i o the Boar 11.
J"` EXCUSED
Sean P. Conway
1/42:►v ( ≥ 1€, UU /
Julie A; Cozad
_
Steve Moreno
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