HomeMy WebLinkAbout20140053.tiff HEARING CERTIFICATION
DOCKET NO. 2013-86.A
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR13-0048, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (OUTDOOR STORAGE OF ROAD BASE, PARKING OF EMPLOYEE
VEHICLES, AND PARKING AND STORAGE OF COMMERCIAL VEHICLES AND
EXCAVATION EQUIPMENT) 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- MICHAEL BOULTER,
C/O JIM BEAUREGARD
A public hearing was conducted on January 8, 2013, at 10:00 a.m., with the following present:
Commissioner William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
Acting Clerk to the Board, Susan Brown
Assistant County Attorney, Brad Yatabe
Planning Department representative, Diana Aungst
Public Works representative, Don Carroll
Health Department representative, Mary Evett
The following business was transacted:
I hereby certify that pursuant to a notice dated November 15, 2013, and duly published
November 20, 2013, in the Greeley Tribune, a public hearing was conducted on December 18,
2013, to consider the request of Michael Boulter, c/o Jim Beauregard, for a Site Specific
Development Plan and Use by Special Review Permit, USR13-0048, for a Use Permitted as a
Use By Right, Accessory Use or Use By Special Review in the Commercial or Industrial Zone
Districts (outdoor storage of road base, parking of employee vehicles, and parking and storage
of commercial vehicles and excavation equipment) 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
continued the matter to January 8, 2014, to allow the applicant to be present. Brad Yatabe,
Assistant County Attorney, made this a matter of record.
El Diana Aungst, Department of Planning Services, reviewed the proposed project and
location, surrounding land use, referrals, and surrounding USRs. She noted that the property is
currently in violation due to the operation of a business without the proper county zoning
permits. She said two letters of support were received from surrounding property owners; the
Town of Kersey and the City of Greeley indicated no concerns, and the Planning Commission
recommended approval. Ms. Aungst showed images of the site.
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HEARING CERTIFICATION - MICHAEL BOULTER, C/O JIM BEAUREGARD (USR13-0048)
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1E Don Carroll, Department of Public Works, provided a brief overview of the transportation
plans and requirements; the access point, when approved, will be off of CR 43, east of Evans.
There will be four tandem dump-trucks, a couple tracker-trailers, and some pick-ups on-site, and
no grading permit is required.
E Mary Evett, Department of Public Health and Environment, reviewed the water and sewer
provisions. Employees will not be stationed at the site, so portable toilets and bottled water is
acceptable. In response to Chair Rademacher, Ms. Evett cited two wells on the property that
are not being used.
Jim Beauregard, Applicant, represented the applicant and stated this is a six-day
operation; trucks will be dropped off from 6:00 a.m. to 8:00 p.m. and are stored on-site. He
apologized for not acquiring a zoning permit, and reported obtaining a signed letter from the
surrounding land owners indicating their consent to his operation.
e No public testimony was offered concerning this matter.
El In response to Commissioner Kirkmeyer, Mr. Beauregard said that they have had small
piles of road base a time or two and indicated the location of that on the site plan, but this is
unusual. He pointed out the existing screening. He also mentioned the north access is a lease
road for an oil and gas company, but his company maintains it with road base.
a In response to Chair Rademacher, Mr. Beauregard confirmed the hours of operation are
adequate. In response to Commissioner Kirkmeyer, he said that staff generally arrive around
6:30 a.m. and usually return around 5:00 up to 9:00 p.m., the sunset somewhat regulates shut-
down time, and there is no maintenance work done on-site. By assent of the Board, the hours
of operation were extended to 9:00 p.m. Mr. Beauregard said there will be no signage. In
response to Commissioner Garcia, Mr. Beauregard said he and the applicant have reviewed,
and agree to abide by, the Conditions of Approval and Development Standards, as amended.
Commissioner Conway moved to approve the request of Michael Boulter, c/o Jim
Beauregard, for a Site Specific Development Plan and Use by Special Review Permit, USR13-
0048, for a Use Permitted as a Use By Right, Accessory Use or Use By Special Review in the
Commercial or Industrial Zone Districts (outdoor storage of road base, parking of employee
vehicles, and parking and storage of commercial vehicles and excavation equipment) 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 Freeman, and it carried unanimously.
El Commissioner Conway thanked the applicant for being pro-active in outreach to the
neighbors. Mr. Beauregard said the neighborhood is cooperative with one another.
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There being no further discussion, the hearing was completed at 10:25 a.m.
This Certification was approved on the 13th day of January, 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: 2,Co ✓J of (7). } 4gg., ,, A,Y—
Dougl4s Rademacher, Chair
Weld County Clerk to the Board
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Barbara Kirkmeyer, Pro-TO
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