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Home My WebLink About20151468.tiff HEARING CERTIFICATION DOCKET NO. 2015-49 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR15-0015, FOR A HOME BUSINESS (PARKING FOR UP TO FOUR (4) COMMERCIAL VEHICLES ALONG WITH OCCASIONAL ON-SITE VEHICLE MAINTENANCE (OIL CHANGES)) IN THE A (AGRICULTURAL) ZONE DISTRICT - JESUS AND MARGARITA HERNANDEZ A public hearing was conducted on May 27, 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 - EXCUSED 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: ltD I hereby certify that pursuant to a notice dated April 17, 2015, and duly published April 22, 2015, in the Greeley Tribune, a public hearing was conducted to consider the request of Jesus and Margarita Hernandez, for a Site Specific Development Plan and Use by Special Review Permit, USR15-0015, for a Home Business (parking for up to four (4) commercial vehicles along with occasional on-site vehicle maintenance (oil changes) in the A (Agricultural) Zone District. Brad Yatabe, Assistant County Attorney, made this a matter of record. VI Chair Kirkmeyer advised Margarita Hernandez, applicant, that since Commissioner Moreno was not able to be present, she had the option of continuing this matter to a date with the full Board present. However, if she decides to proceed today, it will require three affirmative votes, or in the case of a tie vote, Commissioner Moreno will listen to the record and make the determining vote. Ms. Hernandez indicated she would like to proceed. CI Chris Gathman, Department of Planning Services, presented a brief summary of the proposal and stated this case was initiated due to a zoning violation, ZCV14-00206, which was issued due to the operation of a trucking business without the proper zoning permits. He stated the hours of operation, number of employees, and also conveyed that staff has received no communication from surrounding property owners objecting to the proposal. Mr. Gathman stated that staff sent out 12 referrals and received six (6) responses with no conflicts or approval with recommendations that were considered for Conditions of Approval (COA) or Development Standards (DS). He entered the favorable recommendation of the Planning Commission into the record, as written, and displayed photos of the site, and surrounding views and properties. C CS. e* Ye) He Wa, 2015-1468 PL2346 HEARING CERTIFICATION -JESUS AND MARGARITA HERNANDEZ (USR15-0015) PAGE 2 • Jennifer Petrik, Department of Planning Engineer, provided a brief overview of the transportation plans and requirements and stated the relevant road and access locations. She conveyed that no traffic counts were available and that a traffic narrative had been submitted and indicated there would be four (4) daily round trips. She reviewed the number of employees, hours of operation, and stated an Access Permit had been granted, AP15-00139. She explained there was discussion at the Planning Commission hearing regarding the three (3) accesses on the lot and stated the applicnat can explain the site limitations. She further stated that tracking control is required and will consist of recycled asphalt or road base on all surfaces of the accesses. Ms. Petrik clarified the site is not in a Geologic Hazard Area nor in a floodplain. She stated the drainage narrative was accepted and a Grading Permit will be required if disturbing more than one (1) acre. She reviewed the relevant Conditions of Approval and Development Standards. El Lauren Light, Department of Public Health and Environment, reviewed the water and sewer provisions and stated the applicant can use portable toilets for employees. She clarified there is a domestic well for the house; however, it will need to be repermitted as commercial use if the applicant chooses to use it for the business. Ms. Light reviewed the relevant COA's and DS's, per the Department of Public Health and Environment, and briefly mentioned the language changes recommended by staff. El Margarita Hernandez, applicant, stated they want to be able to have their trucks parked at the residence instead of finding a new location. In response to Commissioner Conway, Ms. Hernandez explained the reasons behind the three (3) access points. In response to Commissioner Cozad, she stated they employ three to four employees and have no need for any additional employees. O No public testimony was offered concerning this matter. CI In response to Chair Kirkmeyer, Margarita Hernandez, described the hours of operation of the business and stated they are fine. Commissioner Freeman suggested deleting DS #3. Chair Kirkmeyer clarified the language changes to DS #7 and #8. In response to Commissioner Cozad, Mr. Gathman agreed with deleting COA #1.A. and Ms. Petrik explained the changes to COA#1.B.6. O In response to Chair Kirkmeyer, Ms. Hernandez indicated she has reviewed, and agrees to abide by, the Conditions of Approval and Development Standards, as amended. E1 Commissioner Cozad moved to approve the request of Jesus and Margarita Hernandez for a Site Specific Development Plan and Use by Special Review Permit, USR15-0015, for a Home Business (parking for up to four (4) commercial vehicles along with occasional on-site vehicle maintenance (oil changes)) 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 it carried unanimously. There being no further discussion, the hearing was completed at 11:56 a.m. 2015-1468 PL2346 HEARING CERTIFICATION - JESUS AND MARGARITA HERNANDEZ (USR15-0015) PAGE 3 This Certification was approved on the 1st day of June, 2015. BOARD OF COUNTY COMMISSIONERS WE D COUNTY, COLORADO ATTEST: datitvo �C �• '� arbara Kirkmeye , Chair Weld County Clerk to the Board {� Mike Freeman, Pro-Tern BY QQ W 1 I Id.„„ De uu Clerk to the oar �: �� L \` Sean P. Conway ►sal `','W2 O • _ Julie A. Cozad NC1 , , � > EXCUSED le Steve Moreno 2015-1468 PL2346 • / 2 _ \ A \ / - « x J ./ \ \ \ \ ` ? § d s w . w 77. 2 -_, u w ( \ / c-) = \®\ ..t 2 �:: < » 2 \ \ ( - \/\ / j :: \, » \ _ \ \ \ « w:\/ ■ / - \ / : 2 § \ j / » b % / } \ § } Z / y \ \\1/ y ~ � ( � E \ O - \ / 2 § 7 % ' :/ 0 y2 : 22 } » \ / «; •d c\ / / / _ . : © _ _z / f 4 / \ - \ t \ / / / § - 3 5 < . Z 7 , y«« } © a \ 5 / a 2 a _ • \ , - z ! /4 - \ \sn- , - , t 2 - -, a � / \ - j .;.-3 . « G « c -- .- § � • % ` rg a. p - \ \ \ ~ . \^c w J ,..-:-.c \ \ / © :< _ . TI--,..2:::,- } - .- } ` � � \ 22 Hello