HomeMy WebLinkAbout20110192.tiff HEARING CERTIFICATION
DOCKET NO. 2011-05
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1762 FOR ONE (1) SINGLE FAMILY DWELLING UNIT PER LOT, OTHER
THAN THOSE PERMITTED UNDER SECTION 23-3-20.A OF THE WELD COUNTY
CODE IN THE A (AGRICULTURAL) ZONE DISTRICT- RANDALL ANDERS
A public hearing was conducted on January 19, 2011, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Sean P. Conway, Pro-Tem
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Esther Gesick
County Attorney, Bruce Barker
Planning Department representative, Kim Ogle
Health Department representative, Lauren Light
Public Works representative, Heidi Hansen
The following business was transacted:
I hereby certify that pursuant to a notice dated December 15, 2011, and duly published
December 22, 2011, in the Fort Lupton Press, a public hearing was conducted to consider the
request of Randall Anders, for a Site Specific Development Plan and Use by Special Review
Permit #1762 for one (1) Single Family Dwelling Unit per lot, other than those permitted under
Section 23-3-20.A of the Weld County Code, in the A (Agricultural) Zone District. Bruce Barker,
County Attorney, made this a matter of record.
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and
entered the favorable recommendation of the Planning Commission into the record as written.
He stated the site is not within an Intergovernmental Agreement area; however, it is within the
three-mile referral area for the City of Fort Lupton, which did not provide a referral response.
Mr. Ogle provided a brief description of the surrounding land uses, and stated twelve referral
agencies reviewed the proposal and four offered comments that have been addressed in the
Conditions of Approval and Development Standards. He displayed an aerial vicinity map,
indicated the approximate location of the proposed house, and reviewed photographs of the site
and surrounding area for the record. He explained an employee of the applicant resides in the
existing residence, and the Ander's intend to reside in the proposed new house.
Heidi Hansen, Department of Public Works, stated the site will be accessed from
U.S. Highway 85, which is under the jurisdiction of the Colorado Department of Transportation
(CDOT). She stated the applicant will be required to obtain a new access permit, since the
drive will be serving two single family dwellings. She further stated staff is not requiring a water
quality feature, since the only addition will be a second residence.
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HEARING CERTIFICATION - RANDALL ANDERS (USR-1762)
PAGE 2
Lauren Light, Department of Public Health and Environment, stated there is an existing well
permit which is adequate to service both houses. She stated there is a permitted septic system
for the existing house, staff recently issued a permit for the proposed second house, and she
has no concerns with the request. In response to Commissioner Garcia, Ms. Light indicated
Development Standard #7 requires the site to comply with the maximum permissible noise
levels allowed in the Residential Zone District, which is comparable to the Agricultural
Non-specified Zone, and the Standard could be removed, if the Board desires.
Angela Hauer, representative, stated the applicant has maintained a nice family farm for many
years, and this request is for a second dwelling, which will allow the applicants to reside on the
site and continue the farming operation. She stated this process is their preference, as it will
allow for further flexibility to maintain a hired employee and not be restricted to family members
only. In response to Chair Kirkmeyer, Ms. Hauer explained she and her husband, Troy Hauer,
have been contracted to build the house for the applicant and they are listed as the authorized
agent for this application.
No public testimony was offered concerning this matter. In response to Chair Kirkmeyer,
Ms. Hauer stated she and the applicant have reviewed, and agree with, the Conditions of
Approval and Development Standards. In response to Chair Kirkmeyer, the Board agreed to
delete Development Standard #7. In response to Commissioner Rademacher, the Board
agreed to modify Development Standard #21 to restrict entrance to the property to necessary
staff from the Departments of Planning Services, Public Works, and Public Health and
Environment. Mr. Barker advised the word "necessary" is not needed because department
directors may provide adequate instruction on who needs to enter the site. Upon further
discussion, the Board agreed to revise the language to state, "Necessary personnel from the
Weld County Departments of Planning Services, Public Works, and Public Health and
Environment shall be granted access onto the property at any reasonable time in order to
ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations."
Commissioner Garcia moved to approve the request of Randall Anders for a Site Specific
Development Plan and Use by Special Review Permit #1762 for one (1) Single Family Dwelling
Unit per lot, other than those permitted under Section 23-3-20.A of the Weld County Code, 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 deleting Development Standard #7, and modifying
Development Standard #21 as indicated above. The motion was seconded by Commissioner
Conway, and it carried unanimously. There being no further discussion, the hearing was
completed at 11:00 a.m.
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HEARING CERTIFICATION - RANDALL ANDERS (USR-1762)
PAGE 3
This Certification was approved on the 24th day of January, 2011.
BOARD OF COUNTY COMMISSIONERS
W I D COUNTY, COLO DO
ATTEST: c1�—�►► �L :�
rbara Kirkmeyer, ' hair
Weld County Clerk to the`,.r• , v `
Sean P Co y, Pro-Tem
BY: f
Deputy Clerk to the Bo� �r�„ • r .
t1, -->- Wilf . Garci
David E. Long
EXCUSED DATE OF APPRO\ AL
Douglas Rademacher
2011-0192
PL2097
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EXHIBIT INVENTORY CONTROL SHEET
Case USR #1762 - RANDALL ANDERS, C/O TROY HAUER
Exhibit Submitted By Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes dated 01/04/2011)
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