HomeMy WebLinkAbout20140953.tiff HEARING CERTIFICATION
DOCKET NO. 2014-14
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR-0056, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL DISTRICTS
(DURAN EXCAVATING COMPANY HEADQUARTERS, EQUIPMENT STORAGE YARD
AND COMMERCIAL MINI STORAGE) 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 - DURAN
ENTERPRISES, LLC
A public hearing was conducted on March 26, 2014, at 10:00 a.m., with the following present:
Commissioner Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tern
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, Kim Ogle
Public Works representative, Don Carroll
Health Department representative, Lauren Light
The following business was transacted:
Ii I hereby certify that pursuant to a notice dated January 30, 2014, and duly published
February 4, 2014, in the Greeley Tribune, a public hearing was conducted to consider the
request of Duran Enterprises, LLC, for a Site Specific Development Plan and Use by Special
Review Permit, USR13-0056, for a use permitted as a Use by Right, Accessory Use, or Use by
Special Review in the Commercial or Industrial Districts (Duran Excavating Company
Headquarters, equipment storage yard and commercial mini storage) 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.
Kim Ogle, 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. It is within the City of Greeley's three-mile referral area; they indicated multiple
concerns, including screening, landscaping, and future right-of-way. He reviewed surrounding
land use and residences; the Great Western Railroad is adjacent to the property. He briefly
described operations of the facility and noted the applicant intends to demolish a portion of the
former Lowell Paul Dairy site for an office building and may wash vehicles onsite and stockpile
asphalt and concrete. Mr. Ogle reviewed images of the site, including adjacent residences.
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Don Carroll, Department of Public Works, provided a brief overview of the transportation
plans and requirements. He said O Street and 71st Avenue are considered arterial roadways
and reviewed the traffic counts; there will be access off of O Street and a secondary access for
heavy trucks off of 71st Avenue. A Drainage Report has been reviewed and accepted. A Road
Improvements Agreement has been requested, and 300 mini storage units are proposed at
some point in the future, so if traffic increases at that time triggers are in place. 1El In
response to Commissioner Conway, Mr. Ogle confirmed that a 140-foot setback is the County
standard, but Greeley requested 150-foot setback, as called for on their road classification plan.
He said historically, if a municipality has an adopted plan and they have called out a specific
road for future right-of-way, the County has honored requests; there is not an official IGA.
Lauren Light, Department of Public Health and Environment, reviewed the water and
sewer provisions. She stated there is an existing tap, they have approval for a new septic
system, they submitted a Noise Abatement Plan, and will likely need an Air Emissions Permit for
the gravel crushing operation.
El Elliot Duran, President of Duran Excavating, said he's been in business thirty-five years
and they recently purchased this 40-acre property for their new headquarters and for the
proposed mini-storage which could be under construction at the end of the year. Mr. Yatabe
addressed the right-of-way, stating there is no formal agreement in place with the City of
Greeley. Mr. Duran requested a 140-foot right-of-way if possible. F.] In response to
Commissioner Garcia, Mr. Duran said they have not discussed annexation to the City of
Greeley, but he will provide landscaping along 64th and 71st Avenue because they want to
make it a nice facility and be good neighbors. In response to Commissioner Rademacher,
Mr. Carroll stated a hard surface is required, cattle guards, and a setback. Commissioner
Conway referred to the history of this property - because it was in violation and in bad shape for
several years; he expressed his opinion that the City of Greeley's response seems excessive in
consideration of the fact that they did not want to annex the property and clean it up with urban
renewal funds, and Mr. Duran has invested significant funds to clean the site up and make it a
presentable property.
El Chair Rademacher opened the floor to public comment and none was forthcoming.
Commissioner Kirkmeyer suggested Condition of Approval #1.9 be reduced from a 150 to
a 140-foot setback; Mr. Carroll identified where County maintenance occurs on O Street and
71st Avenue. She also suggested the deletion of any reference to the City of Greeley, inserting
Weld County, and taking out the word "major" so it just reads "arterial." This was done by
assent of the board. She pointed out Condition of Approval #1.D is redundant, deleted by
assent of the Board, and she suggested the deletion of corresponding Development
Standard #7. Commissioner Kirkmeyer said the property looks good and a Development
Standard on landscaping is not necessary, so Development Standard #8 was deleted by assent
of the Board. Conditions of Approvals #I.E, #1.1.5 and #1.1.6 were also deleted. Commissioner
Kirkmeyer asked about the parking plan, and was informed it is typical and addresses ADA
requirements. Commissioner Freeman requested #1.A be deleted, which was done by assent
of the Board.
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ID Mr. Duran confirmed they would like longer hours of operation to accommodate occasional
overtime; therefore, Development Standard #4 was deleted by assent of the Board.
Development Standards #23 and #25 (noxious weeds and water feature references) were also
deleted.
'®— In response to Chair Rademacher, Mr. Duran indicated he reviewed, and agrees to abide
by, the Conditions of Approval and Development Standards, as amended.
El Commissioner Conway moved to approve the request of Duran Enterprises, LLC, for a
Site Specific Development Plan and Use by Special Review Permit, USR13-0056, for a use
permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Districts (Duran Excavating Company Headquarters, equipment storage yard and
commercial mini storage) 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 Kirkmeyer.
Ii Commissioner Conway said this dairy has been an eyesore and in violation for a number
of years, and he was disappointed that the City of Greeley declined to use urban renewal funds
to annex and improve the property, and he expressed the Board's appreciation for Mr. Duran's
purchase and hard work cleaning it up. Commissioner Kirkmeyer said being in business 35
years is impressive and Chair Rademacher noted the fact that no one is here for public
comment is also a testament to Mr. Duran's community involvement. The Board thanked
Mr. Duran for locating his business in Weld County. There being no further discussion, the
motion carried unanimously and the hearing was completed at 11:52 a.m.
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This Certification was approved on the 31st day of March, 2014.
BOARD OF COUNTY COMMISSIONERS
C� WELD COUNTY, COLORADO
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EL.O 113arbara Kirkmeyer`, Pro-Tern
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Wil lam F. Garcia
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