HomeMy WebLinkAbout20130514.tiffHEARING CERTIFICATION
DOCKET NO. 2013-16
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR12-0076, FOR THE EXPANSION OR EXTENSION OF A NONCONFORMING USE
(CONVERSION OF A RESTAURANT INTO A PACKAGE LIQUOR STORE) IN THE
A (AGRICULTURAL) ZONE DISTRICT - RANDOLPH AND JUDY CASS, CIO STEVEN
AND CHRIS SCHULTZ
A public hearing was conducted on February 27, 2013, at 10:00 a.m., with the following present:
Commissioner William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro -Tern
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Brad Yatabe
Planning Department representative, Chris Gathman
Public Works representative, Don Carroll
Health Department representative, Mary Evett
The following business was transacted:
I hereby certify that pursuant to a notice dated January 18, 2013, and duly published
January 23, 2013, in the Greeley Tribune, a public hearing was conducted to consider the
request of Randolph and Judy Cass, c/o Steven and Chris Schultz, for a Site Specific
Development Plan and Use by Special Review Permit, USR12-0076, for the Expansion or
Extension of a Nonconforming Use (conversion of a restaurant into a package liquor store) in
the A (Agricultural) Zone District. Brad Yatabe, Assistant County Attorney, made this a matter
of record.
la Chris Gathman, Department of Planning Services, presented a brief summary of the
proposal, historical use of the property, and the slight encroachment of signs into the CDOT
right-of-way and plans to correct the situation. He reviewed the referral responses, site map,
and surrounding land uses and entered the favorable recommendation of the Planning
Commission into the record as written. He noted Conditions of Approval #1.D and #1.F have
been met. In response to Commissioner Conway, Mr. Gathman indicated the sign issue was
raised by the survey. He displayed photographs of the site and surrounding area.
la Don Carroll, Department of Public Works, provided a brief overview of the transportation
plans and requirements, access, weed control, parking, minimal traffic impact, a water quality
feature, and historical drainage.
CC). GA, P(, yv-) 141-31
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HEARING CERTIFICATION - RANDOLPH AND JUDY CASS, C/O STEVEN AND CHRIS
SCHULTZ (USR12-0076)
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la Mary Evett, Department of Public Health and Environment, reviewed the water and sewer
provisions. She noted Condition of Approval #1.A has been met and Condition of
Approval #6.A, concerning an old septic system for the home, is pending final approval.
ra Bruce Johnson, Real Estate Broker, represented the applicant and reviewed the progress
made on the project. He referenced Condition of Approval #5, and requested clarification on
building permit requirements.
e Jerry Cass, Cass Backhoe Service, explained limitations for installing the new septic
system in accordance with the requirements of the Health Department. In response to
Commissioner Conway, Mr. Cass confirmed his professional opinion that the lower depth leach
field will work adequately.
• Ms. Evett explained the 2005 Code requirements, as well as the 2002 internal policy
concerning maximum leach field depths of three (3) feet and up to four (4) feet for repairs. She
stated staff recommends the leach field either be raised or go through the Board of Health
process, and that the applicants should provide a technical report from an engineer. She
clarified the septic for the liquor store is approved; however, the residential system is under
discussion.
la Following discussion, Mr. Yatabe indicated this matter should go through the Board of
Health for a variance hearing. Mr. Johnson expressed concern about additional delays. In
response to Commissioner Kirkmeyer, Ms. Evett indicated the three (3) foot depth is pursuant to
scientific evidence and pursuant to the Code. Mr. Johnson stated the system was 30 to 40
years old. Commissioner Conway explained to the applicant that if the Board of Health denies a
variance, they can come back before the Board to appeal that decision.
• Chris Schultz, applicant, referenced Development Standard #3 and Chair Garcia clarified
there will be a limit of four (4) on -site employees. She also addressed the issue of Americans
with Disabilities Act (ADA) compliant restrooms, which would cost approximately $15,000 to
convert and noted that their purchase of this property is contingent upon approval of the USR.
In response to Commissioner Conway, Mr. Gathman spoke to Development Standard #21,
noting that ADA compliance is subject to review by the Department of Building Inspection, and
Mr. Carroll stated he did not observe anything problematic. The parking lot was also discussed
and it was determined that minimal improvements would be required. Mr. Gathman indicated
he did not believe any restroom improvements would be required, but that he would research
the matter. Ms. Shultz referenced House Bill 081187 which seemed to indicate they are not
required to modify existing restrooms. la Mr. Johnson requested approval of the USR as it
applies to the liquor establishment, while recognizing the septic system on the residence will still
need to be resolved separately.
CI Mr. Yatabe referred to Condition of Approval #6.A and indicated there may be some
latitude for modification; however, prior precedent is to include septic system requirements in
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HEARING CERTIFICATION - RANDOLPH AND JUDY CASS, CIO STEVEN AND CHRIS
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the conditions to make sure the issues are addressed. In response to Commissioner
Kirkmeyer, Mr. Johnson confirmed the residence and business are both contained within Lot A
of Recorded Exemption, RECX12-0079. Ms. Evett confirmed the septic system for the liquor
store is approved and the residential septic system is pending. Commissioner Kirkmeyer asked
if it was possible to decouple the residence from the USR. Commissioner Conway expressed
support for allowing the USR to apply specifically to the business and allow for the Board of
Health process to proceed concerning the septic system associated with the residence.
12 No public testimony was offered concerning this matter. Commissioner Kirkmeyer
suggested "...if replaced or substantially modified..." be inserted into Condition of Approval #1.E
and the Board concurred. The applicant indicated they have already submitted the Sign Plan.
Commissioner Kirkmeyer proposed modifying Condition of Approval #6 to add "for the
residence" and the Board concurred. She also referred to Condition of Approval #5.A and
proposed to change "wile" to "may", with direction to Building Inspection staff that a building
permit should not be required simply because of a change of use, and the Board concurred. In
response to Commissioner Conway, the applicant confirmed agreement with Development
Standard #3 for four (4) "on -site" employees. He also referenced Development Standard #21
and Mr. Carroll reviewed the minimum ADA improvements for the parking lot. Responding
to Chair Garcia, Ms. Schultz stated she has reviewed, and agrees to abide by, the Conditions of
Approval and Development Standards, as proposed and modified.
Commissioner Rademacher moved to approve the request of Randolph and Judy Cass,
do Steven and Chris Schultz, for a Site Specific Development Plan and Use by Special Review
Permit, USR12-0076, for the Expansion or Extension of a Nonconforming Use (conversion of a
restaurant into a package liquor store) 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. His motion included
modifying Condition of Approval #1.E to insert "...if replaced or substantially modified...",
amending Condition of Approval #5.A to replace the word "will" with "may", and adding "for the
residence" to Condition of Approval #6. The motion was seconded by Commissioner Conway,
and it carried unanimously. There being no further discussion, the hearing was completed at
11:32 a.m.
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HEARING CERTIFICATION - RANDOLPH AND JUDY CASS, CIO STEVEN AND CHRIS
SCHULTZ (USR12-0076)
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This Certification was approved on the 4th day of March, 2013.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY. COLORADO
ATTEST:
Weld County Clerk to the Board
BY:
Deputy Cle
APP
y Attorney
Date of signatureMAR 19 2013
C
William F. Garcia, Chair
uulda5
Dougl4 Radem
XCUSED DATE OF APPROVAL
;• ean P. Conway
U 1
ike Freeman
EXCUSED DATE OF APPROVAL
Barbara Kirkmeyer
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