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Home My WebLink About20120692.tiff HEARING CERTIFICATION DOCKET NO. 2012-09 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR11-0017, FOR AN AMENDMENT TO USE BY SPECIAL REVIEW PERMIT #671 (FARM EQUIPMENT REPAIR SHOP) FOR EXPANSION OF OUTDOOR STORAGE OF VEHICLES, MATERIALS AND PARTS ASSOCIATED WITH THE FARM EQUIPMENT REPAIR SHOP, ALONG WITH A TOWING SERVICE AND AN IMPOUND LOT IN THE A (AGRICULTURAL)ZONE DISTRICT- LAWRENCE AND THERESE SCOTT A public hearing was conducted on February 15, 2012, at 10:00 a.m., with the following present: Commissioner Sean P. Conway, Chair Commissioner William F. Garcia, Pro-Tem Commissioner Barbara Kirkmeyer- EXCUSED Commissioner David E. Long Commissioner Douglas Rademacher Also present: Acting Clerk to the Board, Esther Gesick Assistant County Attorney, Brad Yatabe Planning Department representative, Chris Gathman Public Works representative, Heidi Hansen Health Department representative, Mary Evett The following business was transacted: I hereby certify that pursuant to a notice dated December 28, 2011, and duly published January 4, 2012, in the Fort Lupton Press, a public hearing was conducted to consider the request of Lawrence and Therese Scott, for a Site Specific Development Plan and Use by Special Review Permit, USR11-0017, for an Amendment to Use by Special Review Permit#671 (farm equipment repair shop) for expansion of outdoor storage of vehicles, materials and parts associated with the farm equipment repair shop, along with a towing service and an impound lot in the A (Agricultural) Zone District. Brad Yatabe, Assistant County Attorney, made this a matter of record. Chair Conway advised David Pehr, applicant's representative (and brother-in-law), that he has the option of continuing this matter to a date when the full Board will be present. However, if he decides to proceed today, it will 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. Pehr indicated he would like to proceed today. 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 explained the proposal will expand the use approved under USR-671, including, indoor/outdoor repair of farm equipment and large vehicles, and add a towing business and impound lot. He stated the USR permit will address a pending zoning violation, which was initiated by a citizen complaint as the result of expansion of the business and placement of non-permitted mobile homes. He further stated 14 referral agencies reviewed the proposal, and C C CW , PL, P 1A) ) I-1 L 2012-0692 PL1332 3 -1°1 - l a- HEARING CERTIFICATION - LAWRENCE AND THERESE SCOTT (USR11-0017) PAGE 2 nine offered comments which have been addressed in the Conditions of Approval and Development Standards. Mr. Gathman indicated the property is located within the three-mile referral area of the City of Fort Lupton and Town of Frederick, which indicated no conflict with their interests. He stated staff received a letter of objection on January 13, 2012, marked Exhibit 6.A, regarding removal of a fence and unauthorized access to the property owned by Freda Dreiling. He further stated CDOT has indicated the site access from State Highway 52 is legally grandfathered and will only be reevaluated if the use is increased by more than 20 percent. Mr. Gathman indicated the site layout and screening along the entire north side, 50 feet on the west, and 100 feet on the east for outside storage, and stated noncompliant vehicles must be removed or screened. He also displayed photographs of the site and surrounding area. Heidi Hansen, Department of Public Works, reiterated CDOT has jurisdiction on State Highway 52, the use already exists, and approval of the permit will not result in an increase of traffic; however, staff is requesting the applicant delineate parking on the plat and designate a water quality depression for stormwater. In response to Commissioner Garcia, Ms. Hansen stated the site is not within the floodplain; however, the property to the east is in the floodplain. In response to Commissioner Conway, Mr. Yatabe explained State statute indicates junkyards shall not be within 1,000 feet of a highway without the appropriate permit; however, upon review, the proposal does not meet the definition of a junkyard and the applicants are in the process of cleaning the site. Mary Evett, Department of Public Health and Environment, stated the shop is served by an existing septic system, which will need to be updated and approved by the Board of Public Health. She stated the property is also served by a commercial well which is restricted to drinking and sanitary purposes and is not to be used for irrigation or purposes outside of the shop. She further stated the applicant has submitted a Waste Handling Plan and Spill Containment Response Plan, as well as a Dust Abatement Plan which needs to be revised to meet Condition of Approval #1.A. Mr. Pehr stated he also represents his mother, Alice Pehr, who owns the adjacent land to the south and west. He stated the application materials also included the repair of commercial trucks, and he clarified the permit does not expand the use but, rather, documents and properly regulates the use that has been going on for the past 20 years. He submitted photographs, marked Exhibit D, showing the building to the east, owned by Ms. Dreiling, which was last occupied in 1963, and is also located within the confines of a gravel pit operation. Mr. Pehr stated once the site is cleared, they will no longer need to turn large equipment around on the adjoining property owned by Ms. Dreiling; however, he submitted a copy of the letter, previously included in the file as Planning Commission Exhibit 6.D, granting permission to cross the Dreiling property and enter the Lafarge site to remove sand and gravel. He indicated they received no complaints until the day prior to the Planning Commission hearing and they have continued to operate in compliance with the Lafarge agreement. He also reviewed the proposed screening plan and towing operation, and stated much of the junk has been removed and what remains will be moved behind the storage area, except for equipment coming in for maintenance. In response to Chair Conway, Lawrence Scott, applicant, indicated most of his business is within a 25-mile radius of the site, and the impound lot provides temporary storage 2012-0692 PL1332 HEARING CERTIFICATION - LAWRENCE AND THERESE SCOTT (USR11-0017) PAGE 3 while the State Patrol is waiting for insurance claims to clear. He stated he is not allowed to remove the wrecked trucks from a site until they are inspected and released by a hazmat crew to ensure there are no leaks, and he has a contract, which has been in effect since 2007, for an outside company to remedy the site in the event of a leak. Mr. Scott stated the equipment in the outdoor storage is repaired and returned; items are only retained if he is not paid for his service. Mr. Scott stated dust will be controlled with a water truck, and the commercial equipment (cement truck and backhoe) is actually used for agricultural ditch maintenance operations and will be relocated to the adjoining farmland. In response to Commissioner Rademacher, Mr. Pehr stated there is a recorded access easement with the property to the west, and the repair of commercial trucks was proposed in the application materials and also discussed by the Planning Commission, and the applicant's name needs to be corrected from "Theresa" to "Therese". Chair Conway called a brief recess. Upon reconvening, Freda Dreiling, surrounding property owner, explained she is retaining the structure to the east, because if it is torn down it has to be replaced within six (6) months, or it cannot be replaced at all. She expressed concern with the applicant's ability to meet the screening requirement, since they never satisfied the 1985 requirements. She also explained she authorized the letter, marked Exhibit 6.D, to allow the applicant access to get dirt and move farm equipment; however, she no longer wants them taking down the fence and maneuvering equipment on her property. She further stated the home site does have a well permit, and she plans to develop the property with a new home in the future. Mr. Gathman stated the original USR did not address outdoor storage, other than scrap metal, and the expanded use resulted in the zoning violation. Mr. Pehr stated the fence along the eastern property line was removed by Lafarge, or Richardson Construction which was contracted at the time, because they could not get in through the main access. He stated he constructed the fence as a young man living on his parents' land, and stated the applicants have committed that they will no longer turn around on the neighbor's property, since they will now have adequate room within the subject site. In response to Commissioner Rademacher, Ms. Evett stated the engineer oversized the septic system, which can serve up to 17 employees, and Mr. Scott requested Development Standard #3 be amended to allow up to five (5) employees. Based on the applicant's description of the operation, Commissioner Rademacher proposed deleting Development Standard #4 regarding the hours of operation. Following discussion regarding the hours of operation, the applicant indicated they will abide by the hours of operation in the event of future development, and the Board agreed to delete the Standard. In response to Commissioner Conway, Mr. Pehr stated he and the applicants have reviewed, and agree to abide by, the Conditions of Approval and Development Standards, as proposed and modified. Mr. Yatabe stated, based on discussion, the requested use should be amended to also include "and Truck Repair" and correct the co-applicant's name throughout the Resolution. He further stated certain junkyards are permitted through the State; however, the record should reflect that approval of this permit does not supersede what the State may require, and Chair Conway clarified the proposal is not for a Junkyard. 2012-0692 PL1332 HEARING CERTIFICATION - LAWRENCE AND THERESE SCOTT (USR11-0017) PAGE 4 Commissioner Rademacher moved to approve the request of Lawrence and Therese Scott for a Site Specific Development Plan and Use by Special Review Permit, USR11-0017, for an Amendment to Use by Special Review Permit #671 (farm equipment repair shop) for expansion of outdoor storage of vehicles, materials and parts associated with the farm equipment repair shop, along with a towing service, an impound lot, and truck repair, 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. His motion also included amending Development Standard #3 to increase the number of employees to five (5), and deleting Development Standard #4. The motion was seconded by Commissioner Garcia. Commissioner Rademacher addressed the applicants and urged them to work with their neighbors in the event of future development of the parcel to the east. Commissioner Garcia stated this permit will address or resolve many of the previous complaints expressed, and he thanked Ms. Dreiling for her input. Chair Conway agreed with the previous comments. There being no further discussion, the motion carried unanimously and the hearing was completed at 12:20 a.m. This Certification was approved on the 22nd day of February, 2012. BOARD OF COUNTY COMMISSIONERS / WELD COUNTY, COLORADO ATTEST: y:• Sean P. ay, Chair Weld County Clerk to the Board A Willi . Gar ia, Pro-Tem BY: 1 Deputy C rk to the Boar•#► pp�� EXCUSED �% EL a ra Kirkmeyer disk CLe `.. �. t it6i rha 149 David E. Lon ¼ JcI N < Doug s Radem cher ti 2012-0692 PL1332 O 03 o ND N z el � •Ix � 1 O n UrIFT 6 IX Cl in I ` ``\�1 L .IT- r6 n�C 0 = u) 0 i VIL Q m v` a; tel '� w 'o LL rte- m in � #'4'' '-)4 ^J Z O N -JL 1 w I- p < E CO o h DAP O N- rr ¢ = w a 0 z N ,s r nn v ts in ciw o 0 co � ? s N 7 � M ? H £ I >:CI CO Z ixZ ¢ 15 O IL Ili 0 Co H'- al Z U >. 4\ I W Z Q J C v O O ¢ G 4 i" \ Cr) S LL Z J y 4 r O ; , -7 NN > 8 g g 4 C • Cl) 4t # d N a wu la w p L � .A w O O W ¢ L�^�1 ( h� z oo a. Z EXHIBIT INVENTORY CONTROL SHEET Case USR11-0017 - LAWRENCE AND THERESA SCOTT Exhibit Submitted By Description A. Planning Staff Inventory of Items Submitted B. Planning Commission Resolution of Recommendation C. Planning Commission Summary of Hearing (Minutes dated 1/17/2012) D. Applicant Photos of adjacent property to east E. F. G. H. J. K. L. M. N. O. P. Q. R. S. T. U. V. W. Hello