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HomeMy WebLinkAbout20133118.tiffHEARING CERTIFICATION DOCKET NO. 2013-66.A RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR13-0039, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (AUTOMOBILE REPAIR) 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 - LEE AND ANDREA LARSON A public hearing was conducted on November 13, 2013, at 10:00 a.m., with the following present: Commissioner William F. Garcia, Chair Commissioner Douglas Rademacher, Pro-Tem - EXCUSED 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, Mary Evett Health Department representative, Jennifer Petrik The following business was transacted: EI I hereby certify that pursuant to a notice dated August 23, 2013, and duly published August 28, 2013, in the Greeley Tribune, a public hearing was conducted on October 2, 2013, to consider the request of Lee and Andrea Larson, for a Site Specific Development Plan and Use by Special Review Permit, USR13-0039, for a use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (automobile repair) 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 matter was continued to November 13, 2013. Brad Yatabe, Assistant County Attorney, made this a matter of record. iEi Chair Garcia advised Lee Larson, applicant, that, since Commissioner Rademacher 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 decides to proceed today, it will require three affirmative votes, or in the case of a tie vote, Commissioner Rademacher will listen to the record and make the determining vote. Mr. Larson indicated he would like to proceed. iFi Diana Aungst, Department of Planning Services, presented a brief PowerPoint summary tkl- la-- t 2013-3118 PL2241 HEARING CERTIFICATION - LEE AND ANDREA LARSON (USR13-0039) PAGE 2 of the proposal and entered the favorable recommendation of the Planning Commission into the record as written. She said no referrals indicated concerns. The site is currently in violation; therefore, if this USR is not approved all vehicles must be removed from the property within 30 days. She said the Department of Planning Services has not received any communication from surrounding property owners. Jennifer Petrik, Department of Public Works, provided a brief overview of the transportation plans and requirements and reported there will be a maximum of 10 vehicles visiting the site per day. IIEJ Mary Evett, Department of Public Health and Environment, reviewed the water and sewer provisions, and said no employees will remain on -site. She requested a revision with more detail in the applicant's Waste Management Plan. Development Standard #16 addressed the sewage requirements if the number of employees goes above six. II Mr. Larson reviewed sewage and waste management. In response to Commissioner Conway, Mr. Larson said he has no plans to expand. No public testimony was offered concerning this matter. e Mr. Larson stated he had no Conditions of Approval or Development Standards to amend. In response to Commissioner Kirkmeyer, Mr. Larson showed where the vehicles are parked and indicated how they are partially shielded from view of the highway. He confirmed that he would like to expand his hours of operation, through Monday through Friday, 7:00 a.m. - 8:00 p.m., and Saturday, 9:00 a.m. - 12:00 p.m. Development Standard #4 was thereby amended by consent of the Board. By consent of the Board the word "be" was added to Development Standard #3, to read "shall be commensurate." IR In response to Chair Garcia, Mr. Larson said he has reviewed, and agrees to abide by, the Conditions of Approval and Development Standards, as amended. ID Commissioner Conway moved to approve the request of Lee and Andrea Larson for a Site Specific Development Plan and Use by Special Review Permit, USR13-0039, for a use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (automobile repair) 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, and it carried unanimously. There being no further discussion, the hearing was completed at 10:55 a.m. 2013-3118 PL2241 HEARING CERTIFICATION - LEE AND ANDREA LARSON (USR13-0039) PAGE 3 This Certification was approved on the 18th day of November, 2013. BOARD OF COUNTY COMMISSIONERS WELD CQfJNTY, COLORADO ATTEST: Weld County Clerk to the Board BY F. Garcia, Chair EXCUSED Douglas Rademacher, Pro-Tem Sean P. Conway Mike Freeman 0 rbara Kirkmeyer 2013-3118 PL2241 Hello