HomeMy WebLinkAbout20122786.tiff HEARING CERTIFICATION
DOCKET NO. 2012-65
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR12-0037, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (LAWN AND LANDSCAPING BUSINESS), 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- ELIZABETH HANSEN, C/O JEFFREY GOULD
A public hearing was conducted on October 10, 2012, at 10:00 a.m., with the following present:
Commissioner Sean P. Conway, Chair
Commissioner William F. Garcia, Pro-Tern
Commissioner Barbara Kirkmeyer
Commissioner David E. Long
Commissioner Douglas Rademacher- EXCUSED
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Brad Yatabe
Planning Department representative, Diana Aungst
Public Works representative, Heidi Hansen
Health Department representative, Mary Evett
The following business was transacted:
ID I hereby certify that pursuant to a notice dated August 30, 2012, and duly published
September 5, 2012, in the Fort Lupton Press, a public hearing was conducted to consider the
request of Elizabeth Hansen, c/o Jeffrey Gould, for a Site Specific Development Plan and Use
by Special Review Permit, USR12-0037, for any Use permitted as a Use by Right, Accessory
Use, or Use by Special Review in the Commercial or Industrial Zone Districts (lawn and
landscaping business), 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. Brad Yatabe, Assistant County Attorney, made
this a matter of record.
▪ Chair Conway advised Jeffrey Gould, applicant, that he has the option of continuing this
matter to a date when the full Board will be present. However, if he decides to proceed today, it
will require three affirmative votes, or in the case of a tie vote, Commissioner Rademacher will
listen to the record and make the determining vote. Mr. Gould indicated he would like to
proceed today.
e Diana Aungst, Department of Planning Services, presented a brief summary of the
proposal, referral responses, and surrounding land uses, and entered the favorable
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recommendation of the Planning Commission into the record as written. She also displayed an
aerial map and photographs of the site and surrounding area.
IR Heidi Hansen, Department of Public Works, provided a brief overview of the transportation
plans and improvements, as well as the water quality/stormwater runoff requirement.
F Mary Evett, Department of Public Health and Environment, reviewed the water and sewer
provisions, which will allow portable toilets and bottled water. She also summarized the
provisions of the Waste Handling and Dust Abatement Plans.
F Mr. Gould stated he is the co-owner/operator of the current and proposed business, he
gave a brief overview of the operations, and he addressed questions from the Board.
IR Commissioner Kirkmeyer referenced Conditions of Approval #1.B, #1.C, and #1.D, and
following discussion, Ms. Aungst and the applicant agreed with amending #1.B and deleting
#1.C.
F No public testimony was offered concerning this matter. The Board also agreed to delete
Condition of Approval #1.D, since the Parking and Circulation Plan has been submitted.
Additionally, Conditions of Approval #1.G and #1.O.7 were amended with new language to
indicate the Board's intent in the event the applicant decides to install a sign. The Board
discussed amending Development Standard #4 and then later determined to delete it entirely.
Regarding the Dust Abatement Plan, Ms. Evett stated the applicant intends to remove the
organic debris on a regular basis and provide dust control when the materials are hauled off
quarterly. Based on the discussion, the Board agreed to retain the Dust Abatement requirement
in the event there is a complaint or the property transfers to a new owner.
F In response to Chair Conway, Mr. Gould stated he has no concerns with the Conditions of
Approval and Development Standards. Commissioner Long also proposed deleting
Development Standard #10, since the requirement is already addressed in Development
Standard #7 and Condition of Approval #1.1. In response to questions, Ms. Aungst confirmed
the violation was initiated in response to a complaint for operating without the appropriate
permit; however, there was no complaint related specifically to dust.
F Chair Conway reviewed all of the proposed revisions for the record. Responding to Chair
Conway, Mr. Gould stated he has reviewed, and agrees to abide by, the Conditions of Approval
and Development Standards, as proposed and modified.
F Commissioner Long moved to approve the request of Elizabeth Hansen, c/o Jeffrey
Gould, for a Site Specific Development Plan and Use by Special Review Permit, USR12-0037,
for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (lawn and landscaping business), 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
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PAGE 3
Conditions of Approval and Development Standards as entered into the record. His motion
included amending Condition of Approval #1.B to state, "The applicant shall comply with
Appendix 23-8 of the Weld County Code and Section 208 of the 2010 Americans with Disability
Act (ADA)."; deleting Conditions #1.C and #1.D, amending Conditions #1.G and #1.O.7 to insert
the words "if applicable"to address the intent in the event of a sign, and deleting Development
Standards #4 and #10. The motion was seconded by Commissioner Garcia, and it carried
unanimously. There being no further discussion, the hearing was completed at 10:50 a.m.
This Certification was approved on the 15th day of October, 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTE p' a.. 861 -1 P.
eCi
` , / Sean P. Conw hair
Weld County Clerk tot L ,,-
4j? !, C
Willi m F. Garcia Pro Tem
BY: ( ,,
Deputy CI to the Board /h U st,
art�ara Kirkmey r
David E. Long
EXCUSED
Douglas Rademacher
2012-2786
PL2181
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