HomeMy WebLinkAbout20112997 HEARING CERTIFICATION
DOCKET NO. 2011-73
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR11-0013, FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE,
OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (TRUCK AND TRAILER REPAIR AND MAINTENANCE SHOP),
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- STEVE SHARP, DBA STEVE SHARP TRANSPORTATION
A public hearing was conducted on November 16, 2011, at 10:00 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- EXCUSED
Also present:
Acting Clerk to the Board, Esther Gesick
County Attorney, Bruce Barker
Planning Department representative, Tom Parko
Health Department representative, Lauren Light
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated October 14, 2011, and duly published
October 19, 2011, in the Fort Lupton Press, a public hearing was conducted to consider the
request of Steve Sharp, dba Steve Sharp Transportation, for a Site Specific Development Plan
and Use by Special Review Permit, USR11-0013, for a Use Permitted as a Use by Right, an
Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (truck
and trailer repair and maintenance shop), 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. Bruce Barker, County Attorney,
made this a matter of record.
Chair Kirkmeyer advised the applicant's representative, Bob Harrison, 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. Harrison indicated he
would like to proceed today.
Tom Parko, Department of Planning Services, presented a brief summary of the proposal,
entered the favorable recommendation of the Planning Commission into the record as written,
and gave a brief description of the location of the property. He stated the business utilizes
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HEARING CERTIFICATION - STEVE SHARP, DBA STEVE SHARP TRANSPORTATION
(USR11-0013)
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customized trailers to transport oversized/overweight equipment and products. He stated the
applicant will install an opaque fence to screen the parking and outside storage, the access from
County Road 41 is paved, there will be a maximum of five employees, and the hours are sunrise
to sunset, seven days a week. He stated nine referral agencies reviewed the proposal, three
responded favorably or provided comments which have been addressed in the Conditions of
Approval and Development Standards, and staff received one e-mail of opposition from Lee and
Neva Nichols, marked Exhibit 7.B, which he read for the record.
In response to Commissioner Conway, Mr. Parko indicated the Nickols' property is located to
the southwest of the site; he reviewed the surrounding permitted uses, residential uses, and site
plan layout; and stated the other two nearby property owners did not submit comments.
Responding to Commissioner Garcia, Mr. Parko stated Development Standard #4 should be
modified from specific hours to "sunrise to sunset". In response to Commissioner Conway,
Mr. Parko stated there may be some instances where a trailer needs emergency repairs which
will require operations until 10:00 p.m.
Don Carroll, Department of Public Works, indicated the site is located south of the Tire Mountain
facility and is accessed from County Road 41, which is classified as a collector roadway with 80
feet of right-of-way at full buildout. He stated there is currently 60 feet of right-of-way and the
applicant has designated an additional ten feet for future expansion. He further stated the
average daily traffic count, taken in 2001, was approximately 1,500 vehicles. Mr. Carroll also
reported the average daily traffic count for County Road 24, taken in 2002, was approximately
30 vehicles. He stated the applicant did acquire an access permit, and staff is requiring a 300-
foot asphalt tracking pad at County Road 41, with an adequate turning radius and a Stop sign.
He stated the off-street parking and circulation are adequate, weeds must be maintained, and
the applicant will be installing a concrete drain panel for stormwater runoff. He further stated
parking or staging of trucks will not be allowed on the County roads, the application materials
indicated ten to twenty round trips per day, and employees will be limited to five people.
Mr. Carroll stated staff has approved the submitted water quality feature design, a grading
permit will be required if they disturb more than one acre, the site is not within a Flood Hazard
Development area, historical drainage flows will be maintained, and they have addressed
on-site dust management.
Lauren Light, Department of Public Health and Environment, stated the existing individual well
may be utilized, as long as it does not exceed Commercial Use levels, and Condition of
Approval #3 requires an engineer-designed system be approved by the Board of Health prior to
occupancy. She stated the entrance will be paved and the interior drive will be surfaced with
gravel or recycled asphalt for dust control. She further stated a trash dumpster will be located
on the north side of the shop, used tires will be kept in a commercial enclosure and picked up
for disposal, and staff is requesting additional information concerning the company that will be
hauling and disposing of the used oil. Ms. Light confirmed the applicant will not be conducting
any major repairs; just basic maintenance, and Development Standards#5 through #16 address
Health items.
Mr. Harrison explained the applicant is a general contractor which specializes in oversized,
over-the-road, heavy transport operations throughout the country, and he confirmed this facility
will be for service of the business equipment only. In response to Commissioner Conway,
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Mr. Harrison stated they did attempt to respond to the Nickols' concern; however, he was
unable to make field contact, and he read a transcript of the telephone conversation for the
record. He noted they did outreach with the other neighbors, who are all very friendly and
supportive. Mr. Harrison also indicated the applicant's proposed operation would be more in
line with the specific language currently proposed in Development Standard #4, rather than the
"sunrise to sunset" hours of operation as proposed by staff, and the current request for five
employees is sufficient.
No public testimony was offered concerning this matter. In response to Chair Kirkmeyer,
Mr. Harrison stated he and the applicant have reviewed, and agree to abide by, the Conditions
of Approval and Development Standards, as proposed.
Commissioner Garcia stated this appears to be a good project which will serve local industries
and he moved to approve the request of Steve Sharp, dba Steve Sharp Transportation, for a
Site Specific Development Plan and Use by Special Review Permit, USR11-0013, for a Use
Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (truck and trailer repair and maintenance shop), 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 entered into the record. The motion
was seconded by Commissioner Conway, and it carried unanimously. There being no further
discussion, the hearing was completed at 10:32 a.m.
This Certification was approved on the 21st day of November, 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COL9RADO
ATTEST:".",es.,e (taKirkmeySir /
Weld County Clerk to the Board (.)
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BY: AA.�. L C 4 ._
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am F. Garcia
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U David E. Long
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/Qi Douglas Rademacher
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EXHIBIT INVENTORY CONTROL SHEET
Case USR11-0013 - STEVE SHARP, DBA STEVE SHARP TRANSPORTATION
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 11/01/2011)
Memo re: Attached Engineering Calculations and
D. Public Works Staff Stormwater Management Plans, dated 11/14/2011
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