HomeMy WebLinkAbout20110796.tiff HEARING CERTIFICATION
DOCKET NO. 2011-16
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT
#1768 FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE
BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(FORK LIFT BUSINESS) AND ONE (1) SINGLE FAMILY DWELLING UNIT PER LOT,
OTHER THAN THOSE PERMITTED UNDER SECTION 23-3-20.A OF THE WELD
COUNTY CODE (SECOND DWELLING UNIT), IN THE A (AGRICULTURAL) ZONE
DISTRICT-JACK AND HEDDY CARY
A public hearing was conducted on March 23, 2011, at 10:05 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Sean P. Conway, Pro-Tern
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Christie Peters
County Attorney, Bruce Barker
Planning Department representative, Tom Parko
Health Department representative, Mary Evett
Public Works representative, Heidi Hansen
The following business was transacted:
I hereby certify that pursuant to a notice dated February 11, 2011, and duly published
February 16, 2011, in the Fort Lupton Press, a public hearing was conducted to consider the
request of Jack and Heddy Cary, for a Site Specific Development Plan and Use by Special
Review Permit#1768 for a Use Permitted as a Use by Right, Accessory Use, or Use by Special
Review in the Commercial or Industrial Zone Districts (fork lift business) and one (1) Single
Family Dwelling Unit per lot, other than those permitted under Section 23-3-20.A of the Weld
County Code (second dwelling unit), in the A (Agricultural) Zone District. Bruce Barker, County
Attorney, made this a matter of record.
Tom Parko, 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 site is located north of and adjacent to State Highway 52 and east of and adjacent
to County Road 21. He added the property is approximately eighteen (18) acres and is Lot A of
Recorded Exemption #4821. Mr. Parko provided a brief description of the location of the site
and the surrounding uses. He said existing access to the site is located off State
Highway 52 and is grandfathered, according to the Colorado Department of Transportation
(CDOT). Mr. Parko stated the site is located within the three (3) mile referral area for the Town
of Frederick. He stated they sent referrals to the Town of Frederick and the City of Fort Lupton;
however, staff did not receive a response from either municipality. He added twelve (12)
referral agencies reviewed the proposal; four (4) responded with comments, and some with
specific conditions. He also displayed photographs of the site and surrounding properties.
Cc, 4k, Phi , P v 2011-0796
14-ly-1 l PL2111
HEARING CERTIFICATION -JACK AND HEDDY CARY (USR-1768)
PAGE 2
Heidi Hansen, Department of Public Works, stated the property is accessed from State
Highway 52, which is controlled by CDOT, and they indicated they have no issues with this
request. Ms. Hansen recommended deleting Development Standards #22 and #23 because the
applicant has already provided a water quality area on the site and designated it on the plat.
Mary Evett, Department of Public Health and Environment, stated there is an existing septic
system on the site for the three (3) bedroom home, which is adequate for the two (2) residents,
one full-time employee and a couple of clients per week. She recommended removing
Condition of Approval #3, regarding the existing septic system. Ms. Evett stated the applicant
will need to obtain a Weld County septic permit for the second dwelling and it shall be installed
per Individual Sewage Disposal System (I.S.D.S.) Regulations. She added the site is served by
an existing well; in February 2011, the Colorado Division of Water Resources approved the
expansion/change of use of the existing well, and approved it for commercial, irrigation, and
residential, including a second dwelling on the property. She stated the applicant has submitted
Waste Handling and Dust Abatement Plans and Development Standards #6 through #16
address environmental health items. She said the applicant has done a great job of meeting
their conditions.
Jack Cary, the applicant, provided background information about his business and stated he is
known as the "Fork Lift Wizard." Mr. Cary stated that he has been in the fork lift repair and
refurbishing business for over twenty (20) years and he works all over Colorado. In response to
Commissioner Rademacher, Mr. Cary stated his company is an on-site repair service, his
business is primarily mobile, and the majority of his business is conducted on his customers'
premises. In response to Chair Kirkmeyer, Mr. Cary stated although the majority of his work is
off the premises, he occasionally completes repairs on his site, but they are usually repairs to
his personal equipment and not the customers'.
No public testimony was offered concerning this matter.
In response to Chair Kirkmeyer, Mr. Cary stated he is concerned about the number of
employees. Commissioner Rademacher stated the applicant's septic system can only handle
three (3) employees; however, if Mr. Cary would like to hire additional employees in the future,
now is the time to do so and get it approved by the Board. In response to Commissioner
Rademacher, Mr. Cary stated that he doesn't foresee an increase in the number of employees
in the future. Commissioner Rademacher explained to the applicant the Board is just providing
him the option to do so, and, if in the future, he chooses to hire another one (1) or two (2)
employees, he will need to come before the Board to amend his USR, which will require
additional fees; however, if he chooses to increase the number of employees today, he can do
so, without an additional charge. Following discussion, Mr. Cary stated he would like to amend
Development Standard #4 to increase the number of employees to five (5), in case he decides
to hire additional employees in the future.
Commissioner Rademacher suggested eliminating Development Standard #5 regarding the
hours of operation. Commissioner Conway stated he's fine with the deletion of this
Development Standard; however, he is concerned, since the County noticed the surrounding
property owners and informed them the hours of operation for this USR will
2011-0796
PL2111
HEARING CERTIFICATION -JACK AND HEDDY CARY (USR-1768)
PAGE 3
be 8:00 a.m., to 5:00 p.m., Monday through Friday. In response to Commissioner Rademacher,
Mr. Cary said when he brings equipment to his site for repairs, the work is completed inside of
his workshop. Commissioner Rademacher stated the impact to the neighbors would be
minimal. In response to Commissioner Conway, Mr. Cary said he does not work many
weekends. Following discussion, the Board concurred with the deletion of Development
Standard #5 and amending Development Standard #4 to increase the number of employees to
five (5).
Commissioner Rademacher stated he was concerned with Development Standard #19
regarding the shielding of light sources. In response to Commissioner Conway, Mr. Cary stated
he has one (1) light outside of the premises that has been on the property for years. The Board
concurred to keep this Development Standard.
Mr. Barker suggested the following verbiage for Development Standard #4, which will allow
more flexibility for the applicant in terms of the number of employees he can have on the site,
"The number of on-site employees shall be commensurate with the number of persons which
the septic system may accommodate in accordance with the requirements of the Weld County
Code, pertaining to Individual Sewage Disposal Systems (I.S.D.S.) Regulations."
Ms. Hansen stated the Department of Public Works will not be concerned with a small increase
in the number of employees on the site; however, they will be concerned if the applicant sells
the property to someone else, the USR goes with the land, and the new owner decides to
operate a large operation, which would increase the amount of traffic. In response to
Commissioner Rademacher, Chair Kirkmeyer stated it wouldn't trigger an amendment, but
rather a larger intensity for the use of the property.
Responding to Chair Kirkmeyer, Mr. Cary stated 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 Jack and Heddy Cary for a Site
Specific Development Plan and Use by Special Review Permit #1768 for a Use Permitted as a
Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone
Districts (fork lift business) and one (1) Single Family Dwelling Unit per lot, other than those
permitted under Section 23-3-20.A of the Weld County Code (second dwelling unit), 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. His motion also
included removing Condition of Approval #3, changing Development Standard #4 to the
verbiage recommended by Mr. Barker, removing Development Standard #5, removing
Development Standards #22 and #23, and renumbering accordingly, as recommended by staff.
The motion was seconded by Commissioner Rademacher, and it carried unanimously.
Commissioner Conway commented on how well the property is maintained. There being no
further discussion, the hearing was completed at 10:29 a.m.
This Certification was approved on the 28th day of March, 2011.
2011-0796
PL2111
HEARING CERTIFICATION -JACK AND HEDDY CARY (USR-1768)
PAGE 4
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLO DO
I . / �1
ATTEST:
►:arbara Kirkmeyer, hair
Weld County Clerk to th =:. r j
.1
BY:
�,�l.,c-&cltl a2 r' ean aY, Pro-Tern
e2Deputy Clerk to the Boar.
Williain F. Garcia
EXCUSED DATE OF APPROVAL
David E. Long S)
Dougla ademach r
2011-0796
PL2111
P
c .
`N � .
k• .
� 1 \
V cw >
.§. \
/o � ~
■ , \
O
Ce . $
N
,
w : z Cu Cl)
« § - -0 2 Nkl
z w Cu ® I
2
§ 0 oo a.§ § k Cr-
« 0 >A3 € % G \ w
co § o ] 2 )
U >- 2 -
I-2 CZ R § E
§ K / } \
§ K 2 C
S � o •a.
o ] • &
4 N. /
0 ja
$
0 * § a *
2 lint, U) o %
« < t j �
10 OO 0 < k
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1768 -JACK AND HEDDY CARY
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 March 1, 2011)
D. Planning Staff BOCC' Sign Posting Certificate
E. Bruce Barker E-mail with Verbiage
F.
G.
H.
J.
K.
L.
M.
N.
O.
P.
Q.
R.
S.
T.
U.
V.
W.
Hello