HomeMy WebLinkAbout20141607.tiff HEARING CERTIFICATION
DOCKET NO. 2014-35
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR14-0006, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (STORAGE AND STAGING OF CONSTRUCTION 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- DAVE AND WENDY POWERS
A public hearing was conducted on May 28, 2014, at 10:00 a.m., with the following present:
Commissioner Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem - EXCUSED
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, Don Carroll
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated April 18, 2014, and duly published April 23,
2014, in the Greeley Tribune, a public hearing was conducted to consider the request of Dave
and Wendy Powers, for a Site Specific Development Plan and Use by Special Review Permit,
USR14-0006, for a use permitted as a Use by Right, Accessory Use or Use by Special Review
in the Commercial or Industrial Zone Districts (storage and staging of construction 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. Brad Yatabe, Assistant County Attorney, made this a matter of
record.
El Chair Rademacher advised Dave Powers, applicant, that, since Commissioner Kirkmeyer
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 decided to proceed today, it would require three affirmative
votes, or in the case of a tie vote, Commissioner Kirkmeyer will listen to the record and make
the determining vote. Mr. Powers indicated he would like to proceed.
CO- cs( LATLAC PUil.61-),414
2014
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El Chris Gathman, 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. He reviewed the equipment which would be parked on the property; there will
be three to four employees, including the two owners, who live onsite. The owners are in the
process of re-permitting the existing well so it can accommodate the two additional employees.
Mr. Gathman noted this is an active zoning violation due to the operation of a business without a
proper permit. There are two residences nearby, no comments have been received from the
surrounding property owners, but landscaping and lighting plans have been requested by staff.
He reviewed photos of the site.
IE Don Carroll, Department of Public Works, provided a brief overview of the transportation
plans and requirements. He noted CR 49 is an arterial road, there is an existing double access
on CR 10, and there will not be a high amount of vehicle traffic.
El Lauren Light, Department of Public Health and Environment, reviewed the water and
sewer provisions: portable toilets are acceptable, after the well is re-permitted to commercial it
will be adequate, they will use recycled concrete, and there will be no vehicle or equipment
maintenance or washing onsite.
e In response to Chair Rademacher, Mr. Gathman noted the equipment now scattered
across the site will be consolidated in one area.
le Mr. Powers said they have a small construction company and store their equipment here
when they are not in use for commercial buildings. He said a tree berm, already in progress,
will eventually surround the entire site, and the water table is high enough to easily sustain
these trees.
IE Chair Rademacher opened the floor to public comment and none was forthcoming.
le Mr. Powers said they don't want port-a-potties because they are unattractive, and they
also want their landscaping to look good.
El Chair Rademacher asked about the tree berm landscaping. He also asked about the
hours of operation (hauling hours), which was amended at Planning Commission, Development
Standard #4 was deleted by assent of the Board. Commissioner Freeman asked about the
lighting plan, and Mr. Gathman explained that the lighting just needs to be downcast and not
shine onto the neighbor's property.
le Commissioner Garcia moved to appoint Commissioner Conway as acting Chair Pro-Tem.
Commissioner Freeman seconded the motion. Chair Pro-Tem Elect Conway re-covened the
meeting after a medical emergency pertaining to Commissioner Rademacher who departed the
hearing at 11:00 a.m.
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Chair Pro-Tern Elect Conway re-noticed Mr. Powers, that, because only three commissioners
are present to hear the case three affirmative votes would be needed, or he had the option of
continuing this matter to a date with the full Board present and no land use cases would be
scheduled in the coming week. Mr. Powers indicated he would like to proceed.
El In response to Chair Pro-Tern Elect Conway, Mr. Powers indicated he has reviewed, and
agrees to abide by, the Conditions of Approval and Development Standards, as amended.
El There was further discussion of the lighting plan; however, no action was taken.
El Commissioner Garcia moved to approve the request of Dave and Wendy Powers for a
Site Specific Development Plan and Use by Special Review Permit, USR14-0006, for a use
permitted as a Use by Right, Accessory Use or Use by Special Review in the Commercial or
Industrial Zone Districts (storage and staging of construction 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 entered into the record. The motion
was seconded by Commissioner Freeman, and it carried unanimously. There being no further
discussion, the hearing was completed at 11:20 a.m.
This Certification was approved on the 2nd day of June, 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: diasio r,.I EXCUSED
G `��'� Douglas Rademacher, Chair
Weld County Clerk to the Board
EXCUSED
1 ' Barbara Kirkmeyer, Pro-Tem
BY: �l91a_M�1 •
De t Clerk to the Boar. I '*
�� �.�`� Sean P. Conway
kiwift' . ,MikQ Fie
`®UF_j, William F. Garcia
2014-1607
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