HomeMy WebLinkAbout20142461.tiff HEARING CERTIFICATION
DOCKET NO. 2014-55
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR14-0010, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (VEHICLE AND EQUIPMENT PARKING AND STAGING FOR A
LANDSCAPE MAINTENANCE AND INSTALLATION BUSINESS), 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-VIVIAN BEST AND ED TERRAZAS
A public hearing was conducted on August 13, 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, Chris Gathman
Public Works representative, Jennifer Petrik
Health Department representative, Lauren Light
The following business was transacted:
El I hereby certify that pursuant to a notice dated June 27, 2014, and duly published July 2,
2014, in the Greeley Tribune, a public hearing was conducted to consider the request of Vivian
Best and Ed Terrazas, for a Site Specific Development Plan and Use by Special Review Permit,
USR14-0010, for a use permitted as a Use by Right, Accessory Use, or Use by Special Review
in the Commercial or Industrial Zone Districts (vehicle and equipment parking and staging for a
landscape maintenance and installation business), 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 and said the site is currently in violation for operating without the appropriate land use
permits; however, this application will resolve the violation. He reviewed the business
operations, stated the storage area is screened by trees, and four parties share a private 30-foot
access and utility easement with maintenance of the easement shared equally among the
owners. He reviewed the surrounding land uses, a Lighting Plan is required, and the hours of
operation were modified at the Planning Commission hearing, because they will also do
snowplowing with three vehicles during the winter. The site is in proximity to the City of Greeley
and the Towns of Severance and Windsor. Mr. Gathman reviewed the referral comments and
C-CA tt (640I.(C.G)-PU36 141-(Lt-' 2014-2461
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noted that one adjacent property owner expressed concerns and requested fencing along the
easement to the west of the site. He entered the favorable recommendation of the Planning
Commission into the record as written and displayed images of the site and surrounding area.
11 Jennifer Petrik, Department of Public Works, provided a brief overview of the
transportation plans and requirements. The site utilizes a shared access off of State
Highway 392, a Shared Private Access for Road Maintenance Agreement is not required by
strongly encouraged to avoid property owner conflicts, and the applicant needs to all easements
for legal access to the site.
IR Lauren Light, Department of Public Health and Environment, reviewed the water and
sewer provisions. She stated portable toilets are adequate because employees do not stay on
the site, and she reviewed the Dust Abatement and Waste Handling Plans. She noted there is
a Condition of Approval addressing any vehicle washing.
El Ed Terrazas and Vivian Best, owners, came forward. Mr. Terrazas said approximately
three-quarters of an acre is proposed for truck storage and some materials, there will be no
employees on site during the day. He said they are a full service landscape company and no
customers come to the site. The area is well-screened by mature and newly planted trees. He
said he intends to be a good neighbor, but explained why he did not feel additional screening
was necessary. He reassured his neighbor that they will remain at this size, they have no plans
for growth beyond what is proposed, and the rest of the property will remain in pasture. He also
addressed the shared access and easement.
• No public testimony was offered concerning this matter.
• Chair Rademacher questioned the need for hours of operation. Commissioner Freeman
concurred. Mr. Terrazas confirmed that they usually work four 10-hour days in the summer;
however, emergencies and snow plowing might require nighttime access. Development
Standard #3 was struck by assent of the Board. He said he is fine with the limit of 12 employees
accessing the property. He may have more employees, but not coming to the site.
Commissioner Conway commended them on working with their neighbors. Chair Rademacher
explained why he did not think a new fence would be necessary.
F In response to Chair Rademacher, Vivian Best and Ed Terrazas indicated they had
reviewed, and agree to abide by, the Conditions of Approval and Development Standards, as
amended.
F Commissioner Garcia moved to approve the request of Vivian Best and Ed Ten-azas for a
Site Specific Development Plan and Use by Special Review Permit, USR14-0010, for a Use
permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (vehicle and equipment parking and staging for a landscape
maintenance and installation business), 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
2014-2461
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HEARING CERTIFICATION -VIVIAN BEST AND ED TERRAZAS (USR14-0010)
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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 11:40 a.m.
This Certification was approved on the 18th day of August, 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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