HomeMy WebLinkAbout20150988.tiff HEARING CERTIFICATION
DOCKET NO. 2015-18.6
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR14-0063, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (TRUCK PARKING, INCLUDING TWO TRACTOR-TRAILERS, ALONG
WITH OUTSIDE EQUIPMENT/VEHICLE STORAGE (THREE BOBTAILS) AND
STAGING), 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 - MARIANO GONZALEZ, C/O IGNACIO
GALLEGOS
A public hearing was conducted on April 15, 2015, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro-Tem
Commissioner Sean P. Conway - EXCUSED
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 February 27, 2015, and duly published
March 4, 2015, in the Greeley Tribune, a public hearing was conducted April 1, 2015, to
consider the request of Mariano Gonzalez, do Ignacio Gallegos, for a Site Specific
Development Plan and Use by Special Review Permit, USR14-0063, for any Use permitted as a
Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone
Districts (truck parking, including two tractor-trailers, along with outside equipment/vehicle
storage (three bobtails) and staging), 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, at which time the Board of County
Commissioners deemed it advisable to continue the matter to April 15, 2015, to allow Planning
Services adequate time for the required sign posting and allow for a Planning Commission
hearing, which was continued to April 7, 2015. On April 15, 2015, Brad Yatabe, Assistant
County Attorney, again made this a matter of record.
Chair Kirkmeyer advised Ricardo Gonzalez, representing the applicant, since
Commissioner Conway was not able to be present, he had the option of continuing this matter
to a date with the full Board present. However, if he decides to proceed today, it will require
three affirmative votes, or in the case of a tie vote, Commissioner Conway will listen to the
CC Cc (SO:Pi-(CN/.1P); +j(1L)
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HEARING CERTIFICATION - MARIANO GONZALEZ, C/O IGNACIO GALLEGOS
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record and make the determining vote. Ricardo Gonzalez, on behalf of Mariano Gonzalez,
indicated he would like to proceed.
ICI Chris Gathman, Department of Planning Services, presented a brief summary of the
proposal stating the applicant is proposing a commercial operation to include four (4) employees
parking on-site but not working at the site. Mr. Gathman conveyed the hours of operation,
adequate parking, no lighting proposed, conditions to require screening on the north and west
sides of the property, and a portable toilet will be on-site. He clarified the applicant is currently
under violation (ZCV14-00112) due to operating a commercial business without the necessary
permits. Mr. Gathman communicated the circumstances regarding the adjacent properties and
closest residents and stated there were no phone calls or correspondence received from
surrounding property owners regarding this case. Staff sent out 13 referrals and six referrals
were received indicating either no conflicts or approval with conditions. The site is located within
the three (3) mile referral area of the Town of Kersey, no referral response was received from
Kersey, and Planning Commission unanimously recommended approval. Mr. Gathman
displayed photos of the site and adjacent properties, and in response to Commissioner Cozad,
he pointed out the fence and stated it is partially screened,
El Jennifer Petrik, Department of Planning Services Engineer, provided a brief overview of
the transportation plans and requirements, stating the access is from County Road (CR) 59 and
the permit has been granted (AP14-00409). Ms. Petrik stated the traffic information submitted
included four drivers utilizing the site to park their vehicles and pick up the tractor trailers or
bobtails for the duration of the day and accessing the site up to four (4) times per day.
Ms. Petrik clarified access improvements would require a 60-foot turning radius to
accommodate tractor trailers and bobtails, and double cattle guards to prevent tracking of mud.
She mentioned other requirements to include CR 59 being classified as a collector roadway and
requires 80 feet for full buildout, and the applicant must label the access permit number, turning
radius, cattle guards, and improved water quality features. If more than one (1) acre is
disturbed, the applicant will need a Grading Permit, and she reviewed the other typical
Development Standards.
Lauren Light, Department of Public Health and Environment, reviewed the water and
sewer provisions and stated the residence is served by the Central Weld Water District and a
septic system and the employees can use the portable toilet or they can use the house septic
system as long as the usage does not exceed the typical usage of four (4) people. Or, there is
the option to have a Colorado Registered Professional Engineer review the system to determine
if it is adequate or needs to be modified. The Dust Abatement Plan states water will be used
when necessary, the Waste Handling Plan indicates there are trash containers on-site with
weekly service to pick up, there will not be any maintenance or repair of vehicles on-site, and
she reviewed the other relevant development standards and conditions related to Public and
Environmental Health. In response to Commissioner Cozad, Ms. Light stated the applcation did
not indicate equipment washing, but the development standard was added as normal
procedure.
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• Ricardo Gonzalez, on behalf of Mariano Gonzalez, clarified the intent of the application is
simply requesting permission to park the trucks. In response to Commissioner Cozad,
Mr. Gonzalez pointed out where the trucks are parked and how they pull in and out of the site.
Ms. Petrik clarified the only approved access point.
e No public input was offered concerning this application.
El In response to Chair Kirkmeyer, Mr. Gathman clarified the fence or landscaping needs to
go along the north property line and the trucks and bobtails are taller than six (6) feet. a In
response to Commissioner Moreno, Mr. Gonzalez clarified there would be two (2) tractor
trailers, three (3) bobtails, four (4) employees.
• Chair Kirkmeyer suggested changing the first sentence of Condition of Approval (COA)
#1.A to read, "The applicant shall maintain the current screening and add screening on the north
only where the trucks are parked." Commissioner Cozad reminded everyone this is a
violation case and promoted the screening where the trucks are parked. a Commissioner
Freeman suggested trees for further landscaping rather than a fence. He doesn't see noise as
an issue and doesn't think a lot of screening is necessary. CI Chair Kirkmeyer suggested the
deletion of Development Standard (DS) #4, and change DS #10 to read, "There shall be no
parking or staging of vehicles on County roads and applicant must utilize on-site parking."
Further, Chair Kirkmeyer suggested the deletion of the second sentence of DS #14 regarding
Dust Abatement. El Commissioner Cozad questioned DS #19 and Ms. Light clarified in the
event the property is sold, the Use stays with the site, therefore, some of the Development
Standards are basic requirements for any property use. VI Commissioner Freeman suggested
the deletion of DS #3. Chair Kirkmeyer reviewed the changes to the Resolution for the
applicant.
e In response to Chair Kirkmeyer, Ricardo Gonzalez on behalf of Mariano Gonzalez, do
Ignacio Gallegos, indicated they have reviewed, and agree to abide by, the Conditions of
Approval and Development Standards, as amended.
e Commissioner Freeman moved to approve the request of Mariano Gonzalez, do Ignacio
Gallegos, for a Site Specific Development Plan and Use by Special Review Permit,
USR14-0063, for any Use permitted as a Use by Right, Accessory Use, or Use by Special
Review in the Commercial or Industrial Zone Districts (truck parking, including two
tractor-trailers, along with outside equipment/vehicle storage (three bobtails) and staging),
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. Commissioner
Cozad stated her appreciation for the applicant's efforts to correct the matter of the violation and
the site is now in compliance. She suggested the applicant work with the neighbor and stay in
2015-0988
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HEARING CERTIFICATION - MARIANO GONZALEZ, C/O IGNACIO GALLEGOS
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compliance. The motion carried unanimously. There being no further discussion, the hearing
was completed at 10:50 a.m.
This Certification was approved on the 20th day of April, 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLOR DO
ATTEST((.�'' C "
C/ .C[o:g !6arbara Kirkmeyer, Ch r
Weld County Clerk to the Board .yam
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Mike Freeman, Pro-Tem
BY. 04 �
Dep Clerk to th Board ice. ,4XCUSED
E�/ ��n P. Conwa /
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ozad
� USED DATE OFAPPROVAL
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2015-0988
PL2326
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