HomeMy WebLinkAbout20191677HEARING CERTIFICATION
DOCKET NO. 2019-56
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR18-0128, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(CONTRACTOR 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 - THE WHEELER 2014 REVOCABLE
TRUST, C/O JEREMIAH WHEELER
A public hearing was conducted on May 8, 2019, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro-Tem
Commissioner Sean P. Conway
Commissioner Scott K. James
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Jessica Reid
Assistant County Attorney, Bob Choate
Planning Services Department representative, Angela Snyder
Public Works Department representative, Mike McRoberts
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated March 13, 2019, and duly published
March 20, 2019, in the Greeley Tribune, a.public hearing was conducted to consider the request
of The Wheeler 2014 Revocable Trust, do Jeremiah Wheeler, for a Site Specific Development
Plan and Use by Special Review Permit, USR18-0128, for any Use permitted as a Use by Right,
Accessory Use or Use by Special Review in the Commercial or Industrial Zone Districts
(contractor 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. Bob Choate, Assistant County Attorney, made this a matter of
record.
IR Angela Snyder, Department of Planning Services, presented a brief summary of the
proposal, noted 13 referrals were sent out, and six (6) agencies responded. She stated the
proposed use is on a three (3) acre site, within the three (3) mile referral areas of the Cities of
Brighton, Dacono, Northglenn, and Thornton, and she described the surrounding uses. She
mentioned the business is family owned and operated, provided the hours of operation and the
number of employees, and stated the applicant received letters of consent from all of the
surrounding property owners (SPO) within 500 feet of the site. She displayed images of site,
entered the favorable recommendation of the Planning Commission into the record as written,
and in response to Commissioner Conway, Ms. Snyder clarified where the business vehicles will
be parked.
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2019-1677
PL2664
HEARING CERTIFICATION - THE WHEELER 2014 REVOCABLE TRUST, C/O JEREMIAH
WHEELER (USR18-0128)
PAGE 2
l' Mike McRoberts, Department of Public Works, provided a brief overview of the
transportation plans and requirements, and stated access to the site is on County Road (CR) 17,
and there are no traffic counts in the area. The Department of Public Works (PW) is requiring a
Road Maintenance Agreement (RMA), but not requiring tracking control or a drainage report, and
he described the grading requirements. In response to Chair Kirkmeyer, Mr. McRoberts clarified
the number of daily roundtrips associated with the business.
i` Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions. She stated the existing well would have to be re -permitted to commercial for use by
the business, and a portable toilet is proposed and is acceptable. She noted there will be no on -
site fuel storage, floor drains, or washing of vehicles, and Development Standards (DS) #15-23
address Environmental Health (EH) items.
E. Jeremiah Wheeler, applicant, stated the business is located on the same site as his parent's
home, and is a heating and air conditioning (HVAC) business. He described the number of
employees onsite, and in response to Chair Kirkmeyer, explained the number of vehicles parked
onsite and the number of commercial vehicles coming to the site. He mentioned there are
currently six (6) employees and stated he had concerns about the RMA.
Bill Wycoff, SPO, provided his support of the application. He stated the Wheelers are great
neighbors and have a great operation. He mentioned he is concerned about the number of
employees being proposed, and in response to Commissioner Moreno, stated he thought 12
employees was reasonable.
12, Chair Kirkmeyer suggested deleting Condition of Approval (COA) #1.A (RMA), COA #1.B.9
(entrance gate), and DS #3 (hours of operation), and the Board agreed. After discussion
regarding DS #4 (on -site employees), the Board agreed to delete the number of employees, but
limit the number of commercial vehicles to 12. Chair Kirkmeyer suggested deleting DS #8 (access
to site), DS #9 (parking/staging), DS #11 (requirements of the RMA), DS #12 (annual review of
RMA), DS #18 (fugitive dust), and Commissioner James suggested deleting DS #19 (noise
standard), and the Board agreed.
E' No public testimony was offered with regard to the changes to the Conditions of Approval
and Development Standards. -
2. In response to Chair Kirkmeyer, Mr. Wheeler indicated he had reviewed, and agreed to
abide by, the Conditions of Approval and Development Standards, as amended.
Pte, Commissioner Moreno moved to approve the request of The Wheeler 2014 Revocable
Trust, do Jeremiah Wheeler, for a Site Specific Development Plan and Use by Special Review
Permit, USR18-0128, for any Use permitted as a Use by Right, Accessory Use or Use by Special
Review in the Commercial or Industrial Zone Districts (contractor 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
2019-1677
PL2664
HEARING CERTIFICATION - THE WHEELER 2014 REVOCABLE TRUST, CIO JEREMIAH
WHEELER (USR18-0128)
PAGE 3
Approval and Development Standards, as amended. The motion was seconded by Commissioner
Conway, and it carried unanimously. There being no further discussion, the hearing was
completed at 1:27 p.m.
This Certification was approved on the 13th day of May, 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, C.LORADO
ATTEST: theffeAti „„�o%�
Weld County Clerk to the Board
Date of signature: n-24-19
Mike Freeman, Pro-Tem
arbara Kirkmeye Chair
Steve Moreno
2019-1677
PL2664
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