HomeMy WebLinkAbout20192103.tiffHEARING CERTIFICATION
DOCKET NO. 2019-83
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR19-0021, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(VEHICLE SALES ESTABLISHMENT) 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 ENTRUST
GROUP, INC., FBO JOHN CHARLES SCHRECKENGAST ROTH IRA
A public hearing was conducted on June 12, 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 — EXCUSED
Commissioner Steve Moreno — EXCUSED
Also present:
Acting Clerk to the Board, Jessica Reid
Assistant County Attorney, Bob Choate
Planning Services Department representative, Angela Snyder
Public Works Department representative, Hayley Balzano
Health Department representative, Lauren Light
The following business was transacted:
e I hereby certify that pursuant to a notice dated May 6, 2019, and duly published
May 10, 2019, in the Greeley Tribune, a public hearing was conducted to consider the request of
The Entrust Group, Inc., FBO, John Charles Schreckengast Roth IRA, for a Site Specific
Development Plan and Use by Special Review Permit, USR19-0021, for a Use permitted as a
Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone
Districts (vehicle sales establishment) 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.
Chair Kirkmeyer instructed the applicant and reviewed for the public, with two (2) of the
five (5) Commissioners being excused, the vote must be unanimous for the case to be approved.
Angela Snyder, Department of Planning Services, presented a brief summary of the
proposal and stated 13 referrals were sent out and seven (7) responded, the site is not irrigated
and no productive agricultural land is affected by the proposal. She indicated the site is within the
three (3) mile referral area of the Cites of Brighton and Fort Lupton, and the City of Brighton
requested a 20 -foot setback from the edge of pavement of County Road (CR) 27. She provided
the hours of operation, number of employees, mentioned the property contains a non -conforming
c.c. Pc -CGS/ TP), PtvC HB), E•t4C Lt -J
oelagi i`I
2019-2103
PL2685
HEARING CERTIFICATION - THE ENSTRUST GROUP, INC., FBO, JOHN CHARLES
SCHRECKEGAST ROTH IRA (USR19-0021)
PAGE 2
structure, NCU19-0001, and stated the site is currently in violation. Ms. Snyder described
surrounding uses, displayed images of site and surrounding views, noted no correspondence had
been received concerning the application, and entered the favorable recommendation of the
Planning Commission into the record as written.
• Hayley Balzano, Department of Public Works, provided a brief overview of the transportation
plans and requirements, and stated the site access is on North Main Street in Brighton. She
provided daily roundtrip counts, and mentioned the sited meets a drainage exception.
• Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions and explained a commercial well provides water for inside use and there is a
commercial septic system that is sized for 292 people and two (2) bedrooms. She stated the sales
office trailer will use a portable toilet, there will be maintenance, body work, and some painting
onsite, as well as fluids and fuel stored onsite. She noted Development Standards (DS) #8-20
address Environmental Health (EH) items.
• Steve Testerman, represented the applicant and provided the property history.
• No public testimony was offered concerning this matter.
• There was discussion between the Board and staff about the Landscape and Screening Plan
and, in response to Commissioner Conway, Mr. Testerman stated one (1) existing tree needs to
be removed and all other trees will remain. Chair Kirkmeyer suggested deleting Condition of
Approval (COA) #1.A (Landscape and Screening Plan), and after much discussion about the U.S.
Highway 85 Access Management Plan, she suggested adding a new DS #23 (U.S. Highway 85
Access Control Plan). She also suggested changing the language in DS #6 to read, "The existing,
viable landscaping shall be maintained." In response to Commissioner Conway, Mr. Testerman
asked to change the number of employees, in DS #4, from two (2) to six (6) employees, and the
Board agreed.
In response to Chair Kirkmeyer, Mr. Testerman indicated he had reviewed, and agreed to
abide by, the Conditions of Approval and Development Standards, as amended.
• No public testimony was offered with regard to changes to the Conditions of Approval and
Development Standards.
• Commissioner Conway moved to approve the request of The Entrust Group, Inc., FBO, John
Charles Schreckengast Roth IRA, for a Site Specific Development Plan and Use by Special
Review Permit, USR19-0021, for a Use permitted as a Use by Right, Accessory Use, or Use by
Special Review in the Commercial or Industrial Zone Districts (vehicle sales establishment)
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 amended. The motion was
2019-2103
PL2685
HEARING CERTIFICATION - THE ENSTRUST GROUP, INC., FBO, JOHN CHARLES
SCHRECKEGAST ROTH IRA (USR19-0021)
PAGE 3
seconded by Commissioner Freeman, and it carried unanimously. There being no further
discussion, the hearing was completed at 10:22 a.m.
This Certification was approved on the 17th day of June, 2019.
BOARD OF COUNTY COMMISSIONERS
W LD COUNTY, COLORADO
ATTEST: Jet,o;
Weld County Clerk to the Board
e Board
APPROVED AS TO FOR
4,5t. County Attorney
Date of signature: ,7//Z//
arbara Kirkmeyer, Chair
Mike Freeman, Pro-Tem
C
Sean P. Conway
cott K. James
EXCUSED
Steve Moreno
2019-2103
PL2685
ATTENDANCE LIST
(PP02//97
NAME - PLEASE PRINT LEGIBLY
14a
/ kst ['CS —+Q( le\ 42(
ADDRESS (CITY, STATE ZIP) EMAIL
4.
St 1pts—ANti-
/-1 tuft,
4\isr.
•
cn3
�1�,, t- •
1, }_c
I J,r
COUNTY OF
RESIDENCE
e•\ et/14 ff.) k
P -vv
4-
SPEAKING
(YIN)?
P
Hello