HomeMy WebLinkAbout20130533.tiffHEARING CERTIFICATION
DOCKET NO. 2013-11
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR12-0067, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (PARKING AND MAINTENANCE OF TRACTOR TRAILERS) 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 - ERNEST AND PATRICIA OSBORN
A public hearing was conducted on February 27, 2013, at 10:00 a.m., with the following present:
Commissioner William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Brad Yatabe
Planning Department representative, Diana Aungst
Public Works representative, Heidi Hansen
Health Department representative, Mary Evett
The following business was transacted:
I hereby certify that pursuant to a notice dated January 9, 2013, and duly published
January 14, 2013, and pursuant to a corrected notice dated January 18, 2013, and duly
published January 23, 2013, in the Greeley Tribune, a public hearing was conducted on
February 20, 2013, to consider the request of Ernest and Patricia Osborn, for a Site Specific
Development Plan and Use by Special Review Permit, USR12-0067, for a Use permitted as a
Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone
Districts (parking and maintenance of tractor trailers) 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 Board
continued the matter to February 27, 2013, to allow for a hearing before a full quorum of the
Board. Brad Yatabe, Assistant County Attorney, made this a matter of record.
a Diana Aungst, Department of Planning Services, presented a brief summary of the
proposal, referral responses, and location. She indicated the site is currently in violation for
operating without the appropriate zoning permits, and she reviewed the surrounding land uses.
She entered the favorable recommendation of the Planning Commission into the record as
written and displayed photographs of the site and surrounding area.
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HEARING CERTIFICATION - ERNEST AND PATRICIA OSBORN (USR12-0067)
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• Heidi Hansen, Department of Public Works, provided a brief overview of the roadway
classification, average daily traffic counts, access, and traffic impacts.
Mary Evett, Department of Public Health and Environment, reviewed the water and sewer
provisions and the Conditions of Approval which have been met.
• Ernest Osborn, applicant, reviewed business operations, clarifying that maintenance and
repairs will primarily be done off -site. In response to Commissioner Conway, Mr. Osborn
confirmed he has contacted his neighbors.
a Bob Saxton, surrounding property owner, expressed support for the application and stated
it is an asset to the community.
El In response to Chair Garcia, Mr. Osborn addressed the issue of the unauthorized junkyard,
and indicated no concern with the proposed Conditions of Approval and Development
Standards. In response to Commissioner Rademacher, Mr. Osborn indicated he employs
three (3) full-time drivers who are typically at the site for less than an hour, and he affirmed that
the limit to five (5) employees and the proposed hours of operation are adequate. In response
to questions from the Board regarding Development Standard #16, Ms. Evett confirmed
Residential and Agricultural noise level limits are identical. The Board agreed to correct a typo
in Development Standard #22. In response to Commissioner Kirkmeyer, Ms. Aungst indicated
the existing landscaping is adequate. The Board agreed to amend Development Standard #3 to
state, "One of the trucks is allowed to operate 24/7."
ER Mr. Saxton returned and indicated the site is screened from the roadway by his property.
• Responding to Chair Garcia, Mr. Osborn stated he has reviewed, and agrees to abide by,
the Conditions of Approval and Development Standards, as proposed and modified.
• Commissioner Kirkmeyer moved to approve the request of Ernest and Patricia Osborn for
a Site Specific Development Plan and Use by Special Review Permit, USR12-0067, for a Use
permitted as a Use by Right, Accessory Use or Use by Special Review in the Commercial or
Industrial Zone Districts (parking and maintenance of tractor trailers) 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 in the A (Agricultural) Zone District.
Her motion included amending Development Standard #3 to state, "One of the trucks is allowed
to operate 24/7." The motion was seconded by Commissioner Conway, and it carried
unanimously. There being no further discussion, the hearing was completed at 10:35 a.m.
2013-0533
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HEARING CERTIFICATION - ERNEST AND PATRICIA OSBORN (USR12-0067)
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This Certification was approved on the 4th day of March, 2013.
BOARD QF-cOUNTY COMMISSIONERS
ATTEST:
Weld County Clerk to the Board
BY:
Deputy Cle
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Date of signaturMAR
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William F. Garcia air
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EXCUSED DATE OF APPROVAL
Barbara Kirkmeyer
2013-0533
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