HomeMy WebLinkAbout20143206.tiff HEARING CERTIFICATION
DOCKET NO. 2014-77
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR14-0036, FOR USES SIMILAR TO THE USES LISTED IN SECTION 23-3-40 AS
USES BY SPECIAL REVIEW (EQUIPMENT STORAGE YARD RELATED TO CUSTOM
FARMING OPERATIONS) AS LONG AS THE USE COMPLIES WITH THE GENERAL
INTENT OF THE A (AGRICULTURAL) ZONE DISTRICT - KB CUSTOM AG
SERVICES, LLC
A public hearing was conducted on October 22, 2014, at 10:00 a.m., with the following present:
Commissioner Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner William F. Garcia
Also present:
Acting Clerk to the Board, Susan Brown
Assistant County Attorney, Brad Yatabe
Planning Department representative, Tiffane Johnson
Planning Department representative, Michelle Martin
The following business was transacted:
IEI I hereby certify that pursuant to a notice dated September 18, 2014, and duly published
September 23, 2014, in the Greeley Tribune, a public hearing was conducted to consider the
request of KB Custom Ag Services, LLC, for a Site Specific Development Plan and Use by
Special Review Permit, USR14-0036, for Uses similar to the Uses listed in Section 23-3-40 as
Uses by Special Review (equipment storage yard related to custom farming operations) as long
as the Use complies with the general intent of the A (Agricultural) Zone District. Brad Yatabe,
Assistant County Attorney, made this a matter of record.
Tiffane Johnson, Department of Planning Services, presented a brief summary of the
proposal and entered the favorable recommendation of the Planning Commission into the
record as written. Ms. Johnson reviewed referrals and surrounding land uses, and residences
within 500 feet. The site is in proximity to Ault and Eaton. She noted that the adjacent property
owner has expressed concern about maintenance of the property and said it looked like a junk
yard and that this is a trucking, not a farming, operation. She said a revised and updated
screening plan has been provided, there are no full-time employees, the property is flat, there is
no residence, but there is a shop (which has no building permit), and all maintenance will take
place somewhere else. She noted there were some derelict vehicles at the time of a site
inspection which need to be screened or removed, showed images of the site and gave an
overview of what equipment would be stored there. This is an active zoning violation due to
operating a commercial enterprise without first obtaining a zoning permit.
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el In response to Commissioner Kirkmeyer's question about why a USR is required for farm
equipment in the A (Agricultural) Zone District, Ms. Johnson confirmed the trucking operation is
the impetus for the USR, and the applicants do not farm. Michelle Martin, Department of
Planning Services, stated staff was looking at this as a storage facility for their business
operations. Commissioner Conway derelict vehicles are an issue, but a USR should not be
required to store farm equipment in an agricultural area. Commissioner Freeman noted this is
leased property and many farmers don't own property, but they do own the agricultural
equipment. In response to Commissioner Garcia's question about the applicant's farming,
Ms. Martin said to her knowledge they service farms as more of a commercial operation and
also explained staff's reasoning behind determining this is a Use by Special Review. e Chair
Rademacher said he is in favor of postponing this indefinitely or dismissing it, since almost
every farmer contracts out with their equipment. ID Commissioner Garcia asked counsel if a
dismissal would be considered a denial which would preclude the applicant from bringing
forward a future Use by Special Review permit application. Brad Yatabe, Assistant County
Attorney, stated that a dismissal, based on the Board's finding that the activity is a Use by Right
in the A (Agricultural) Zone District, is not a denial and would not preclude a USR from being
brought forth at some point in the future. He noted that the issue of the non-commercial
junkyard violation is not the matter currently before the Board.
e Commissioner Kirkmeyer noted the item may also be referred back to Planning, and she
moved to refer the request of KB Custom Ag Services, LLC, for a Site Specific Development
Plan and Use by Special Review Permit, USR14-0036, for Uses similar to the Uses listed in
Section 23-3-40 as Uses by Special Review (equipment storage yard related to custom farming
operations) as long as the Use complies with the general intent of the A (Agricultural) Zone
District back to staff. The motion was seconded by Commissioner Conway, and it carried
unanimously. Commissioner Kirkmeyer said this is a Use by Right in the A (Agricultural) Zone
District and the interpretation of the Code by the Department of Planning was erroneous. The
fee was also discussed. Chair Rademacher concurred this is a path the Board does not want to
go down, and staff was directed to set up a work session with the Board of County
Commissioners to discuss the overall issue further. There being no further discussion, the
hearing was completed at 10:29 a.m.
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This Certification was approved on the 27th day of October, 2014.
BOARD OF COUNTY COMMISSIONERS
II: COUNTY, COLORADO
ATTEST: c%(t Cd ���, � "JL'"y"'i'l'`^
CG/ G . l e Douglas Rademac er, Chair
Weld County Clerk to the Bo� �'. 4
1 ' • 1861 ii -rbara Kirkme er, ro-Tem
BY:
Dep t tj Clerk to the Boar.��� "
'&N I v Sean P. Conway
Mike Free
Willia F. Garcia
2014-3206
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