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Home My WebLink About20080667.tiff HEARING CERTIFICATION DOCKET NO. 2008-08 RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1626 FOR A USE PERMITTED AS A USE BY RIGHT,ACCESSORY USE,OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (HEAVY DUTY TRUCK AND EQUIPMENT REPAIR) IN THE A (AGRICULTURAL) ZONE DISTRICT - JEFFREY SEEWALD A public hearing was conducted on February 20, 2008, at 10:00 a.m., with the following present: Commissioner William H. Jerke, Chair Commissioner Robert D. Masden, Pro-Tern Commissioner William F. Garcia Commissioner David E. Long Commissioner Douglas Rademacher Also present: Acting Clerk to the Board, Jennifer VanEgdom County Attorney, Bruce Barker Planning Department representative, Jacqueline Hatch Health Department representative, Lauren Light Public Works representative, David Snyder The following business was transacted: I hereby certify that pursuant to a notice dated February 1, 2008, and duly published February 6, 2008, in the Fort Lupton Press, a public hearing was conducted to consider the request of Jeffrey Seewald for a Site Specific Development Plan and Use by Special Review Permit#1626 for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (heavy duty truck and equipment repair) in the A (Agricultural) Zone District. Bruce Barker, County Attorney, made this a matter of record. Jacqueline Hatch, 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. She stated the site is located east of County Road 13, and north of County Road 36, is one acre in size, and contains an existing residence and outbuilding. She gave a brief description of the uses of surrounding properties and indicated one letter of support has been received. She stated the proposed hours of operation are from 7:00 a.m., to 6:00 p.m., Monday through Saturday, and the site will be limited to four employees. She further stated the site is located within the three-mile referral area for the Towns of Milliken, Berthoud, Johnstown, and Mead, and the Town of Milliken indicated the site is not located within the Town's Growth Area. She stated the Town of Mead indicated the application does not comply with the Town's Comprehensive Plan, since the area is designated as Low Density Residential, and the use on the site will create difficulty for adjacent properties to develop into residential uses. She further stated the Town is requesting denial of the application; however, if the permit is approved, the Town requests the applicant provide adequate site distance at the access on County Road 13, address the hazardous waste concerns on the site, and provide screening to buffer the adjacent properties from noise, light, and visual impacts. She indicated the Conditions of Approval and Development Standards will address the concerns of the Town of Mead, and the Towns of Berthoud and Johnstown did not provide a referral response. 2008-0667 PL1946 HEARING CERTIFICATION - JEFFREY SEEWALD (USR #1626) PAGE 2 Ms. Hatch stated fourteen referral agencies review the request,eight agencies provided comments which have been addressed with the Conditions of Approval and Development Standards,and staff did not receive a referral response from the Colorado Division of Wildlife. She displayed photographs of the site and surrounding properties. In response to Commissioner Garcia, Commissioner Rademacher indicated the site is located approximately four miles from the municipal limits of the Town of Mead. Lauren Light, Department of Public Health and Environment, stated the site is served by the Little Thompson Water District and by an existing septic system. She stated the applicant intends to install another septic system within the small office; however, until that time, the employees are allowed to utilize the restroom within the residence. She further stated the applicant must provide a Waste Handling Plan, since no discharge of fluids will be allowed at the site. David Snyder, Department of Public Works, stated the applicant will utilize the existing access on County Road 13, and must provide adequate turning radii to accommodate truck traffic. He indicated the traffic count within the immediate area is minimal, and the proposal is not expected to provide a large increase of traffic. In response to Chair Jerke, Mr. Snyder indicated County Road 13 requires 140 feet of right-of-way, since it is classified as a strategic roadway, therefore, the applicant must reserve 70 feet of right-of-way. Further responding to Chair Jerke, Mr. Snyder stated County Road 13 is paved, and adequate site distance does exist at the access; however, the applicant will be required to verify the access provides adequate turning radii. In response to Commissioner Masden, Ms. Hatch stated there is one Use by Special Review(USR)Permit facility, located approximately one mile northwest of the site, for a landscaping supply company. She clarified the site is located north of the Grand View Estates Subdivision. Jeffrey Seewald, applicant, stated he operates a small truck repair shop, which employs two employees, including himself. He indicated the operation is not large, and most likely will not get any bigger. He stated the shop contains an oil-burning heater, therefore, oil waste is burned by the heater,and the facility contains a special parts cleaning machine. He explained the wastewater from the parts cleaning machines is pumped out and transferred to a wastewater facility in the state of Texas, and he is currently working on a plan for the containment of wash water. He indicated truck trailers are not brought to the site unless a specific trailer is scheduled to be worked on, since there is not adequate room to store trailers on the site. In response to Chair Jerke, Mr. Seewald indicated he mainly provides semi-tractor repair; however, he will provide repairs on a trailer approximately once per month. Responding to Commissioner Masden, Mr. Seewald indicated all wash water will be captured within a concrete box trap, and Raptor Recovery Service will pump out the fluids and complete the necessary recycling process. In response to Commissioner Long, Mr. Seewald indicated extra equipment is stored at the site on a very infrequent basis due to the high cost he charges for storage space. He clarified he does not have adequate room to store equipment, and he does not desire to be in the business of maintaining a storage or salvage yard. No public testimony was offered concerning this matter. In response to Chair Jerke, Mr. Seewald indicated he has reviewed, and concurs with, the Conditions of Approval and Development Standards. 2008-0667 PL1946 HEARING CERTIFICATION - JEFFREY SEEWALD (USR#1626) PAGE 3 In response to Commissioner Rademacher, Ms. Hatch indicated the applicant will be required to provide screening around the portion of the site utilized for the truck repair. She indicated there are currently dense shrubs located along County Road 13; however, the applicant will need to provide screening along the southern and eastern portions of the USR boundary. Commissioner Rademacher indicated he is familiar with the location of the site, and he does not believe the applicant should be required to provide screening, since the property is located within a rural area. Ms. Hatch indicated Conditions of Approval#1.M and#1.O.10 contain requirements regarding the necessary screening on the site, and explained the outdoor storage of vehicles, equipment, and material must be screened from adjacent properties and rights-of-way, in accordance with the requirements listed within the Weld County Code. In response to Chair Jerke, Ms. Hatch indicated the site is located on the east side of County Road 13. Chair Jerke indicated it does not make sense to require the applicant to provide screening from open, rural, agricultural land, and Commissioner Rademacher concurred. Chair Jerke stated it is likely that the use will be removed from the site if the surrounding area experiences significant development in the future. Commissioner Masden stated the area is very rural, and it is not necessary to require the applicant to provide screening. Commissioner Rademacher indicated the shop building is concealed from County Road 13 by trees and shrubs, therefore, he concurred with Commissioner Masden. Commissioner Garcia indicated it is not necessary for the applicant to provide screening of the trash dumpster, as required in Condition of Approval #1.O.7, and the Board concurred. Commissioner Rademacher moved to waive all landscaping and screening requirements within the Resolution. Seconded by Commissioner Masden, the motion carried unanimously. (Clerk's Note: The Resolution was modified to delete Condition of Approval#1.M, with the necessary re-lettering; to delete the words "landscaping and screening"from the first sentence of Condition of Approval #1.N;to delete the second and third sentences of Condition of Approval#1.0.7;to delete Condition of Approval#1.0.10, with the necessary re-numeration;and to delete Development Standard#30, with the necessary re-numeration). Commissioner Garcia moved to approve the request of Jeffrey Seewald for a Site Specific Development Plan and Use by Special Review Permit #1626 for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (heavy duty truck and equipment 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, including the waiver of all landscaping and screening requirements. The motion was seconded by Commissioner Rademacher, and it carried unanimously. There being no further discussion, the hearing was completed at 10:30 a.m. 2008-0667 PL1946 HEARING CERTIFICATION - JEFFREY SEEWALD (USR#1626) PAGE 4 This Certification was approved on the 25th day of February, 2008. APPROVED: BOARD OF COUNTY COMMISSIONERS �.._-, � ;� r �,ELD COUNTY, COLORADO ATTEST: Jerke, Chair Weld County Clerk to the Board 1 n. krY Robe D. asden, Pro-Tem Deputy Cferk to the Board ' m F. Garcia David E. Long ugly R emr 2008-0667 PL1946 EXHIBIT INVENTORY CONTROL SHEET Case USR#1626 - JEFFREY SEEWALD Exhibit Submitted By Exhibit Description A. Planning Staff Inventory of Items Submitted B. Planning Commission Resolution of Recommendation C. Planning Commission Summary of Hearing (Minutes 12/18/2007) D. Clerk to the Board Notice of Hearing (Filed under Legals) E. Planning Staff Certification and photo of sign posting F. G. H. J. K. L. M. N. O. P. Q. R. S. T. U. V. \ \ K \ � \ ° \ } D ) \ or7: \o \ pc . 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