HomeMy WebLinkAbout20163056.tiffHEARING CERTIFICATION
DOCKET NO. 2016-83
RE: AN AMENDMENT TO A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW PERMIT, 1 MJUSRI6-04-1459, (FORMERLY KNOWN AS USR-1459) FOR ANY
USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE OR USE BY SPECIAL
REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (VEHICLES
SALES AND DETAILING), 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, TO INCLUDE AN ADDITIONAL BUILDING AND EXPAND THE
CURRENT BUSINESS FOR AUTOMOTIVE SERVICE IN THE A (AGRICULTURAL)
ZONE DISTRICT — T&M TRUCK AND AUTO, LLC
A public hearing was conducted on October 5. 2016. at 10:00 a.m.. with the following present:
Commissioner Mike Freeman, Chair
Commissioner Sean P. Conway. Pro-Tem
Commissioner Julie A. Cozad
Commissioner Barbara Kirkmeyer
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Tisa Juanicorena
Transcribing Clerk to the Board, Esther Gesick
Assistant County Attorney. Frank Haug
Planning Services Department representative. Kim Ogle
Public Works Department representative, Evan Pinkham
Planning Services Engineer representative, Hayley Balzano
Health Department representative. Ben Frissell
The following business was transacted:
I hereby certify that pursuant to a notice dated September 2. 2016, and duly published
September 7. 2016, in the Greeley Tribune. a public hearing was conducted to consider the
request of T&M Truck and Auto, LLC, for An Amendment to a Site Specific Development Plan
and Use by Special Review Permit, 1MJUSR16-04-1459, (formerly known as USR-1459) for any
Use permitted as a Use by Right. Accessory Use or Use by Special Review in the Commercial or
Industrial Zone Districts (vehicles sales and detailing), 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, to include an additional building and expand the current
business for automotive service in the A (Agricultural) Zone District. Frank Haug. Assistant
County Attorney, made this a matter of record.
al Kim Ogle, Department of Planning Services, presented a brief summary of the proposal,
reviewed the location in relation to relevant County roads, and stated the site is located within the
Coordinated Planning Agreement. as well as the three (3) mile referral area of the Town of Fort
Lupton. The applicant did meet with the Town of Fort Lupton and discussed annexation; however,
they indicated their desire to proceed through the County process and the Town indicated no
2016-3056
PL1708
HEARING CERTIFICATION - T&M TRUCK AND AUTO, LLC (1MJUSR16-04-1459)
PAGE 2
concerns. Mr. Ogle gave a brief overview of the adjacent land uses and surrounding USRs, stated
the subject site shares an access with the adjacent use, and indicated staff has received no letters
of objection from the surrounding property owners. He explained the original USR-1459 was
approved on April 7, 2004, and this amendment seeks to expand the USR boundary to include
one additional commercial building for an automotive maintenance and service area. The existing
brick residence may be utilized for the storage of business materials, or it may be demolished in
the business expansion. He stated ten (10) referrals were sent out and six (6) offered comments.
He entered the favorable recommendation of the Planning Commission into the record as written,
and displayed images of the site and surrounding area. In response to Commissioner Kirkmeyer,
Mr. Ogle stated the existing access running between U.S. Highway 85 and the property line will
be closed and the site will be accessed from County Road (CR) 20 through an easement.
Evan Pinkham, Department of Public Works representative. reiterated the site will have a
shared access from CR 20 approved by Access Permit, AP#16-00353. He provided a brief
overview of the transportation plans and requirements, stating the average daily traffic count,
taken on October 16, 2014. totaled 229 vehicles per day, with 33 percent trucks. He stated an
Improvements Agreement is not required. and there are no tracking control requirements. In
response to Commissioners Conway and Kirkmeyer, he stated closing the existing access will
greatly enhance the safety and verified there will be no up -front tracking control requirements.
Hayley Balzano. Planning Services Engineer, reviewed the drainage and grading
requirements addressed in the Conditions of Approval and Development Standards.
G` Ben Frissell, Department of Public Health and Environment. stated water will be provided
by a commercial well, there is an existing commercial septic system and Development Standards
(DS) #8-23 address the typical Environmental Health items.
Mike Whistance, applicant, stated they opened their business 13 years ago. Since that time
they have been very successful and they are now faced with the need to expand the service
aspect of their business, which will require the new building proposed in this application.
e No public testimony was offered concerning this matter.
a In response to Commissioner Conway, Mr. Whistance agreed it would be his preference to
be afforded some added flexibility concerning the number of employees. Mr. Frissell stated
DS #16 requires the septic system to be sized correctly depending on the number of people. After
further discussion, the Board agreed to delete DS #4 concerning a set number of employees. and
to modify DS #16 to state the septic system may need to be resized to accommodate more than
four (4) employees to remain in compliance with the Code. In response to Commissioner Conway.
staff verified the remaining conditions and standards should not be impacted by a potential
increase in the number of employees.
In response to Commissioner Kirkmeyer, Mr. Frissell stated many of the Health requirements
are typical for a maintenance facility and they are only required if certain operational triggers are
met. Following discussion. the Board agreed that DS #23 covers the possibility of future growth
2016-3056
PL1708
HEARING CERTIFICATION - T&M TRUCK AND AUTO, LLC (1 MJUSR16-04-1459)
PAGE 3
and the possibility of additional permits, therefore, they deleted DS #20 and 22. In response to
Commissioner Kirkmeyer. Mr. Whistance stated they do not have any below ground storage
tanks; however, they do have an aboveground 250 -gallon container for oil that is pumped and
removed. Mr. Frissell indicated that size of container would not require secondary containment,
although if the capacity is increased then DS #23 would address the need for proper permits.
Commissioner Kirkmeyer proposed modifying DS #14 to insert the words "If necessary- pertaining
to secondary containment and the Board agreed. Based on the operations of this facility, the
Board also agreed to keep the first sentence of DS #15 and then delete the remainder of the
language. In response to Commissioner Kirkmeyer, Mr. Ogle confirmed the CDOT access will be
closed, therefore, COA #1.B was deleted. Commissioner Kirkmeyer also commented that the site
is well maintained, so she requested COA #1.C.5 be modified to maintain the "existing"
landscaping and designate it on the plat map. Additionally, she proposed to modify COA #1.C.10
to specify the access is from CR 20. delete COA #1.C.11 because an access permit from CDOT
no longer applies, delete COA #1.C.12 since up -front tracking control is not required, delete
COA #1.C 13 since the applicant does not intend to install a gate. delete DS #3 because
restricting the hours of operation is not appropriate since the site is situated between Highway 85
and a railroad, delete DS #4 regarding the number of employees as previously discussed, and
add the word "existing" to DS #7 for consistency concerning the landscaping.
Commissioner Cozad agreed with all of the previous revisions and also proposed a change
to COA#1.C.6 to clarify the existing' lighting shall be designated on the plat map.
In response to Chair Freeman. Mr. Whistance for T&M Truck and Auto, LLC, indicated he
has reviewed. and agrees to abide by, the Conditions of Approval and Development Standards,
as amended.
Commissioner Kirkmeyer moved to approve the request of T&M Truck and Auto, LLC, for
an Amendment to a Site Specific Development Plan and Use by Special Review Permit,
1MJUSR16-04-1459, (formerly known as USR-1459) for any Use permitted as a Use by Right.
Accessory Use or Use by Special Review in the Commercial or Industrial Zone Districts (vehicles
sales and detailing) 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, to
include an additional building and expand the current business for automotive service 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 and
entered into the record. The motion was seconded by Commissioner Conway. Commissioner
Kirkmeyer stated the site is very well kept, the applicant is running a reputable business and she
appreciates having them in Weld County. Commissioner Conway concurred, stating he is happy
when entrepreneurs risk everything to be able to pursue their dream and it prospers and also
serves to grow the local economy. There being no further comments, the motion carried
unanimously and the hearing was completed at 10:40 a.m.
2016-3056
PL1708
HEARING CERTIFICATION - T&M TRUCK AND AUTO. LLC (1MJUSR16-04-1459)
PAGE 4
This Certification was approved on the 10th day of October, 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: Ws xdE jeita;,A,
Weld County Clerk to the Board
BYf�-�
uty Clerk to the Board
APPROVED AS TO
county Attorney
Date of signature: 31i I Co
-L,
Mike Freeman. Chair
Sean P. Conway. Pro-Tem
rbara Kirkmeyer
Steve Moreno
2016-3056
PL1708
ATTENDANCE LIST
DATE: - ' 1
r
NAME - PLEASE PRINT LEGIBLY
ADDRESS
CITY
ST
ZIP
EMAIL
a)
P rv\ I lJ�c� S
I
�' �' ��
/6 ��`t`''!�//
L
-�
i
(
D a
A
At/ 01,'ll ck.Ad
isvitAfrale2 at
:-E-4'_"44n09-?
r
'''..gzil,S7_,
1;
)
;Pad/
- irnitre SJCI
c
Z714\4:I
\ \l)
te.
S5 (-i:ZO
---Jk
,.,.
Hello