HomeMy WebLinkAbout20151213.tiff HEARING CERTIFICATION
DOCKET NO. 2015-37
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR15-0003, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR USE BY SPECIAL REVIEW PERMIT IN THE COMMERCIAL OR INDUSTRIAL
ZONE DISTRICTS (STORAGE AND STAGING OF TRUCKS AND EQUIPMENT FOR A
ROUST-A-BOUT AND EXCAVATING BUSINESS, ALONG WITH MINOR VEHICLE
MAINTENANCE, ALONG WITH A PROPOSED SHOP BUILDING), 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- MARTIN BARRON
A public hearing was conducted on May 6, 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:
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:
El 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 Martin
Barron, for a Site Specific Development Plan and Use by Special Review Permit, USR15-0003,
for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review Permit in
the Commercial or Industrial Zone Districts (storage and staging of trucks and equipment for a
roust-a-bout and excavating business, along with minor vehicle maintenance, along with a
proposed shop building), 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.
El Chris Gathman, Department of Planning Services, presented a brief summary of the
proposal stating the applicant intends to park up to seven (7) dump trucks, two (2) semi trucks,
five (5) pickup trucks, and four (4) trailers on-site and at times there may be up to 50 cubit yards
of clean dirt or gravel being stored. Mr. Gathman conveyed the applicant's plans for a 60X100
shop used for vehicle maintenance and clarified there will be full-time employees and on-site
security. He explained the site location in reference to the nearest residence and other USRs in
the area. Staff sent out 13 referrals and received eight (8) indicating approval with conditions or
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no comments. Mr. Gathman stated the site is not within the three (3) mile referral area of any
municipality and he relayed the relevant Conditions of Approval reflecting the hours of operation
and maximum number of vehicles. He displayed a PowerPoint presentation of adjacent views
and properties, and entered the favorable recommendation of the Planning Commission into the
record as written.
El Jennifer Petrik, Department of Public Works, provided a brief overview of the
transportation plans and requirements to include traffic counts and buildout requirements. She
stated the access permit was approved (AP#15-00075), and conveyed that a tracking control
device plus 300 feet of either recycled asphalt or road base are required for the number of truck
trips per day. Ms. Petrik said the site is not in a geologic hazard area or floodplain and the
applicant submitted a drainage narrative with a water quality feature design that was not
acceptable. She further listed the relevant Conditions of Approval and Development Standards
relative to the Department of Public Works.
• Lauren Light, Department of Public Health and Environment, stated the residence is
currently served by a domestic well and septic system and they can use a portable toilet for
employees but they need to be cautious about employees using the residence septic to prevent
the need to repermit for well usage. She said the applicant submitted a revised Waste Handling
Plan and a Dust Abatement Plan and staff is prepared with language to substitute if
recommended by the Board.
• Martin Barron, applicant, stated the growth of the business has resulted in the purchase of
the property related to the current application. He said he currently has eight employees and it is
a small construction business. In response to Commissioner Cozad, Mr. Barron clarified his
other property where he has a permit to park only two (2) trucks, and he has some equipment
stored at a different location which explains his intent to consolidate the needs of the business
to this new property.
El No public testimony was offered concerning this matter.
▪ In response to Chair Kirkmeyer, Mr. Gathman suggested deleting Conditions of Approval
(COA) #1.E and #1.F. Ms. Light suggested deleting COA #1.C and #1.D, and suggested a
change to Development Standard (DS) #11, to read, "Fugitive dust shall be confined on the
property and uses on the property shall comply with the Colorado Air Quality Commissions Air
Quality Regulations." She further suggested deleting COAs #1.8 and #1.A, and changing
DS #10 in the last sentence to read, "The applicant shall operate in accordance with
Chapter 14, Article I of the Weld County Code."Lastly, Ms. Light recommended deleting DS #13
because the applicant stated they will not be washing the vehicles on-site.
El Chair Kirkmeyer stated that she is familiar with the area and most of Mr. Barron's
neighbors along County Road (CR) 22 call her regularly and she asked the applicant if he had
been able to discuss his plans with neighbors. Mr. Barron indicated he had been able to visit
with a couple neighbors and they seemed to be in agreement with his proposed business.
Secondly, Chair Kirkmeyer asked the applicant if his application factored in future expansion
regarding maximum vehicles able to be parked on the property. She suggested modifying
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DS #5 to increase the number of dump trucks to nine (9) and the number of pickup trucks to ten
(10). The Board agreed the proposed screening is adequate.
la In regard to the recommended change to DS #11, Ms. Light explained the state regulation
regarding dust control that led to the new language for the DS. Chair Kirkmeyer suggested
adding "shall attempt to control" and the Board concurred that DS #11 will read, "Fugitive dust
shall attempt to be confined on the property and uses on the property should comply with the
Colorado Air Quality Commissions Air Quality Regulations."The Board concurred with deleting
COA #1.6, and #1.F, changing the last sentence of DS #10, and changing DS #3 to reflect
hours of operation from 6:00 a.m. to 8:00 p.m. Chair Kirkmeyer reviewed the changes for the
applicant, clarified the requirement for fencing and screening, and also reviewed the increase of
maximum number of allowed vehicles.
In response to Chair Kirkmeyer, Martin Barron indicated he has reviewed, and agrees to
abide by, the Conditions of Approval and Development Standards, as amended.
Commissioner Moreno moved to approve the request of Martin Barron for a Site Specific
Development Plan and Use by Special Review Permit, USR15-0003, for any Use permitted as a
Use by Right, Accessory Use, or Use by Special Review Permit in the Commercial or Industrial
Zone Districts (storage and staging of trucks and equipment for a roust-a-bout and excavating
business, along with minor vehicle maintenance, along with a proposed shop building), 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 Conway, and he encouraged Mr. Barron to
be a good neighbor. Mr. Barron asked about a new septic for the shop in the future, and he was
encouraged to discuss this with staff. Commissioner Cozad echoed the importance of working
with the neighbors, and thanked the applicant for being present and applying beforehand
instead of being in violation. Commissioner Moreno echoed fellow commissioners and
encouraged neighbor relations and good communication. There being no further discussion, the
motion carried unanimously, and the hearing was completed at 10:41 a.m.
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This Certification was approved on the 11th day of May, 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLD DO
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