HomeMy WebLinkAbout20110269 HEARING CERTIFICATION
DOCKET NO. 2011-04
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1761 FOR A COMMERCIAL JUNKYARD OR SALVAGE YARD (LEASING
AND SALES OF VEHICLES AND EQUIPMENT, AND VEHICLE SERVICE/REPAIR) IN
THE C-3 (COMMERCIAL) ZONE DISTRICT— BRUCE AND JANET RICHARD
A public hearing was conducted on February 2, 2011, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Sean P. Conway, Pro-Tem
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher- EXCUSED
Also present:
Acting Clerk to the Board, Esther Gesick
County Attorney, Bruce Barker
Planning Department representative, Kim Ogle
Health Department representative, Lauren Light
Public Works representative, Heidi Hansen
The following business was transacted:
I hereby certify that pursuant to a notice dated December 10, 2010, and duly published
December 15, 2010, in the Fort Lupton Press, a public hearing was conducted to consider the
request of Bruce and Janet Richard, for a Site Specific Development Plan and Use by Special
Review Permit#1761 for a Commercial Junkyard or Salvage Yard (leasing and sales of vehicles
and equipment, and vehicle service/repair) in the C-3 (Commercial) Zone District. Bruce
Barker, County Attorney, made this a matter of record.
Chair Kirkmeyer advised Bruce Richard, applicant, 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 Rademacher will
listen to the record and make the determining vote. Mr. Richard indicated he would like to
proceed today.
Chair Kirkmeyer recessed the hearing to allow Commissioner Long to respond to an emergency
telephone call.
Upon reconvening, 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. He stated the applicants have operated from the same site since the
year 1994, and he provided a brief summary of the surrounding land uses. Mr. Ogle stated
eighteen (18) referral agencies reviewed the proposal, nine (9) responded by indicating no
conflict with their interests or provided comments that have been addressed in the Conditions of
Approval and Development Standards, and staff received no correspondence from surrounding
property owners. He displayed photographs of the site and the surrounding area, which is
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zoned commercial. He further stated the surface and grade of the access drive is in good
condition and the site is surrounded by deciduous trees; therefore, it remains screened most of
the year.
Heidi Hansen, Department of Public Works, stated the site is accessed from the Interstate 25
Frontage Road, and the applicant provided a water quality design which staff has determined to
be acceptable.
Lauren Light, Department of Public Health and Environment, stated the site receives water
service from a permitted industrial well; however, she referenced a letter from the Colorado
Division of Water Resources, dated October 22, 2010, indicating the applicant will be required to
obtain a court-approved augmentation plan or a substitute plan, to offset depletions caused by
the pumping of the well. She stated proof of adequate water is required under Condition of
Approval #1.D, and the applicant is attempting to obtain a tap from the Left Hand Water District,
with the intent of utilizing the well for emergency sanitary needs until a tap is assigned.
Ms. Light stated the site is scheduled for a hearing on March 11, 2011, to consider inclusion into
the Northern Colorado Water Conservancy District. She stated an engineer reviewed the
existing septic system and indicated the system is sized for ten (10) employees/customers per
day, and if that amount is exceeded, the system will need an updated review. She further
stated if the facility remains at ten (10) people, or less, Condition of Approval #1.A could be
deleted, since the engineer's review has been provided. Ms. Light stated Waste Management
disposes of the general office trash on a weekly basis, Mesa Oil removes the used oil from the
vaulted floor drain system, and All Recycling Corporation removes the metal and car bodies.
She explained there is no painting on the site; therefore, the applicant is not required to obtain
an Air Emissions permit, and the drive areas are surfaced with recycled asphalt, to address dust
control. Ms. Light reiterated staffs initial concern was the water supply; however, upon receipt
of the engineer's report, she requested Development Standard #16 be modified to delete the
reference to the well permit, which the State has indicated may not be used for the operation.
Mr. Richard stated his business recycles late model vehicles, and they salvage materials in a
very environmentally friendly manner. He stated they make sure all commodities are recycled
properly through licensed EPA (Environmental Protection Agency) contractors, and the main
business is wholesale of parts to body shops, garages, and repair facilities. He further stated
the walk-in traffic is minimal, and the repair business makes up 45 to 50 percent of the
business. In response to Commissioner Conway, Mr. Richard stated they have indicated a
proposed warehouse on the site plan, and if they decide to construct that building, they will have
to relocate the existing septic system and evaluate the new septic system anyway, therefore, he
requested Development Standard #30 be adjusted to allow up to twenty (20) employees.
Ms. Light indicated it will be up to the applicant to monitor the septic system and ensure they
maintain compliance with the engineer's report to support proper function of the system.
In response to Commissioner Garcia, Mr. Richard expressed concern with the referral from the
City of Dacono, and stated their comments indicate they failed to review his application to gain a
clear understanding of the operation. He explained they never store more than ten (10)
batteries on the site at any one time, and all fluids are drained from the vehicles upon arrival.
He stated All Recycling Corporation recycles the batteries and fluids, and Mesa Oil hauls away
the used oil. Mr. Richard added the water application for the tap may take up to one year, which
will prevent him from filing the plat. In response to Chair Kirkmeyer, Mr. Ogle agreed Condition
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of Approval #2 may be amended to increase the plat recording deadline from sixty (60) days up
to "one year (365 days)".
No public testimony was offered concerning this matter. Responding to Chair Kirkmeyer,
Mr. Richard indicated he has reviewed, and concurs with, the Conditions of Approval and
Development Standards, as proposed and modified.
Commissioner Conway moved to approve the request of Bruce and Janet Richard for a Site
Specific Development Plan and Use by Special Review Permit #1761 for a Commercial
Junkyard or Salvage Yard (leasing and sales of vehicles and equipment, and vehicle
service/repair) in the C-3 (Commercial) 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 included deleting Condition of Approval #1.A,
and re-lettering accordingly, amending Condition of Approval #2 to increase the plat submittal
deadline from sixty (60) days up to "one year (365 days)", modifying Development Standard #16
to remove the reference to the Well Permit, and amending Development Standard #30 to
increase the number of employees from ten (10) up to "twenty (20)". The motion was seconded
by Commissioner Garcia, with the finding that the application complies with the criteria listed in
Sections 23-2-230.B.1 through B.7, and it carried unanimously. Chair Kirkmeyer concurred with
staff that this is a very clean site, and she commended the applicant for the quality service he
provides. There being no further discussion, the hearing was completed at 11:05 a.m.
This Certification was approved on the 7th day of February, 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST. 1 • ���S �'. / ��-�w• . it
ara Kirkmeyer, hair
Weld County Clerk to the Boar' ♦;
1861 c,��,. at P
BY: .AL j��. ,�•~f' ,`: P. Co ay, Pro Tem
Deputy Clerk to the Board ��f k�., °tiv,.r' , � . --,
-� -' ---�'Wil I m . Ga -
Ck E- 4 ,
David E. Long
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EXCUSED
Douglas Rademacher
2011-0269
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EXHIBIT INVENTORY CONTROL SHEET
Case USR#1761 - BRUCE AND JANET RICHARD
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 01/04/2011)
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