HomeMy WebLinkAbout20110864.tiff HEARING CERTIFICATION
DOCKET NO. 2011-18
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1775 FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (RETAIL FOOD ESTABLISHMENT PRIMARILY ENGAGED IN THE SALE
OF SPECIALTY MEATS, DAIRY PRODUCTS AND ANIMAL FOOD), PROVIDED THAT
THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION
PLAT OR LOTS PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY
REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE
DISTRICT- PHILIP HAYNES
A public hearing was conducted on March 30, 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 - EXCUSED
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Christie Peters
County Attorney, Bruce Barker
Planning Department representative, Tom Parko
Health Department representatives, Lauren Light and Deb Adamson
Public Works representative, Heidi Hansen
The following business was transacted:
I hereby certify that pursuant to a notice dated February 25, 2011, and duly published
March 2, 2011, in the Fort Lupton Press, a public hearing was conducted to consider the
request of Philip Haynes, for A Site Specific Development Plan and Use by Special Review
Permit#1775 for any Use Permitted as a Use by Right, Accessory Use, or Use by Special
Review in the Commercial or Industrial Zone Districts (retail food establishment primarily
engaged in the sale of specialty meats, dairy products and animal food), provided that the
property is not a lot in an approved or recorded subdivision plat or lots part of a map or plan filed
prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District.
Bruce Barker, County Attorney, made this a matter of record.
Chair Kirkmeyer advised Philip Haynes, 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 Long will listen to
the record and make the determining vote. Mr. Haynes indicated he would like to proceed
today.
Tom Parko, 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 provided a brief background of the business and described the property as being located
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east of and adjacent to County Road 11, also known as York Street, and north of and adjacent
to Garden Boulevard. Mr. Parko stated the property is approximately thirty-five (35) acres and
is not part of a platted subdivision or recorded exemption. He stated the business is conducted
on the site and access to the site is off County Road 11. Mr. Parko stated the property is
located within the three (3) mile referral area of the City of Dacono, so a Notice of Inquiry was
sent. He said the applicant met with the City of Dacono, which determined it did not want to
seek annexation of the property. Mr. Parko stated ten (10) referral agencies reviewed the
proposal; nine (9) offered comments, and some provided specific conditions. He stated staff
received no correspondence from surrounding property owners. Mr. Parko displayed
photographs of the site and described the surrounding land uses. He stated when he visited the
property it was very well-maintained. In response to Commissioner Conway, Mr. Parko stated
to the case was initiated as a result of a complaint, and the applicant has been in business for
more than ten (10) years.
Heidi Hansen, Department of Public Works, stated access to the site is from County Road 11,
also known as York Street, which is under the City of Dacono's jurisdiction. She added the City
of Dacono provided a letter saying they have no concerns. She stated a water quality was not
required because there is no outside storage, manufacturing, etcetera, and the applicant has
met their requirements.
Lauren Light, Department of Public Health and Environment, stated the Central Weld County
Water District (CWCWD) currently provides water for the existing residence and store. She
stated the site does have an existing septic system, which was evaluated on January 25, 2011.
Ms. Light said the report indicated the existing septic system can handle the flow for a three (3)
bedroom residence, two (2) full-time employees and two (2) part-time employees. She added
that the applicant is going to add a new restroom in the store for employees and customers,
which will require a new septic tank. Ms. Light stated the restroom is part of the Colorado Retail
Food Licensing Requirements, and staff has been working with the applicant to get this done.
Ms. Light added the applicant has submitted Dust Abatement and Waste Handling Plans.
The applicant, Philip Haynes, was present and provided background information about his
business. He stated he purchased the property nineteen (19) years ago and one (1) year later,
he brought buffalo to the property and started selling buffalo meat. Mr. Haynes stated that his
meats are "all natural", and he sells Weld County grown pork, lamb, chicken, and beef. He
added that he recently started selling elk, as well. Mr. Haynes stated he is in front of the Board,
because his business has outgrown the garage, and approximately one (1) year ago he found
out he was in violation of the Weld County Code. He stated he called the County six (6) years
ago and he was told there wasn't a problem with his expansion; however, he neglected to get
the person's name.
Chair Kirkmeyer wanted to state for the record, she has no conflict of interest with this facility;
however, she has visited the facility and even purchased products on occasion. She added the
facility is very well kept.
No public testimony was offered concerning this matter. Chair Kirkmeyer asked the applicant if
he had any questions with any of the Conditions of Approval or Development Standards, as
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proposed. Mr. Haynes stated no, and he is working to complete the requirements from the
Department of Planning Services.
Commissioner Rademacher inquired about the verbiage used for Development Standard #3,
regarding the number of on-site employees. In response to Commissioner Rademacher, Mr.
Barker proposed the following language, "The number of on-site employees shall be
commensurate with the number of persons, which the septic system may accommodate in
accordance with the requirements of the Weld County Code, pertaining to individual Disposal
Systems (I.S.D.S.) Regulations." Commissioner Rademacher stated the applicant is limited to
three (3) employees; however, the County would like to give him more latitude, so this verbiage
is driven by his septic system, and as long as he is in acceptance with that, he can have as
many employees as he wants.
Chair Kirkmeyer referred to Development Standard #4 and stated she realizes the hours of
operation were taken from the application materials; however, she informed the applicant he will
have to abide by them, unless he decides to come back to the Board and amend his USR. She
stated the hours of operation listed in Development Standard #4 may be the applicant's current
hours of operation, but if he anticipates he may need to change those hours in the future, now is
time to do it. Commissioner Rademacher suggested the deletion of Development Standard #4.
Chair Kirkmeyer said Development Standard #4 cannot be deleted, since it impacts the traffic.
Mr. Haynes stated he would like the flexibility to change the hours during the week and possibly
open earlier in the morning. Chair Kirkmeyer recommended Development Standard #4 be
modified to read as follows, "Hours of operation shall be limited to 8:00 am., to 7:00 p.m., daily,"
and the Board concurred.
In response to Mr. Haynes, Chair Kirkmeyer stated the USR does not need to be renewed on an
annual basis. In response to Chair Kirkmeyer, Ms. Light said the reason the bathroom has to be
installed is due to the Colorado Retail Food Licensing Requirements. Chair Kirkmeyer referred
to Condition of Approval #4, which says upon completion of Conditions of Approval #1, #2, #3
listed above, the applicant only has sixty (60) days to file the plat. She added that Condition of
Approval #3 requires the installation of a restroom, and sixty (60) days isn't sufficient time for
the applicant to complete the necessary work.
In response to Chair Kirkmeyer, Mr. Parko stated the building permit allows the applicant up to
six (6) months to install the restroom. At the suggestion of Mr. Barker, Chair Kirkmeyer
recommended modifying Condition of Approval #4 by removing "#3", to read as follows, "Upon
completion of Conditions of Approval #1 and #2, listed above, the applicant shall submit three
(3) paper copies of the plat for preliminary approval to the Weld County Department of Planning
Services, etcetera. . ." She stated the applicant will still be required to install the restroom;
however, the timing will not be tied to the 60-day plat recording deadline.
Deb Adamson, Department of Public Health and Environment, stated the Colorado Retail Food
Licensing Requirements require the applicant to have an employee restroom, within the
building. She added they have worked out an arrangement with the applicant, where the
employees can use the applicant's home restroom temporarily; however, to meet the Building
Department's requirements, the applicant will need to provide a portable restroom outside the
store. Chair Kirkmeyer clarified the Board is not deleting the requirement for the installation of
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the restroom; however, they are revising Condition of Approval #4 to allow the applicant more
time to complete the restroom, instead of having to complete it within sixty (60) days. In
response to Chair Kirkmeyer, Ms. Adamson stated she wants to ensure there will be a
timeframe for the installation of the new restroom. Chair Kirkmeyer stated if the applicant does
not complete the bathroom installation within a certain amount of time, the Board could proceed
with a Probable Cause/Show Cause Hearing process. Mr. Barker added that the enforcement
could also be through the Colorado Retail Food Licensing Requirements. Mr. Haynes stated an
architect has been contacted regarding the construction of the restroom.
Responding to Chair Kirkmeyer, Mr. Haynes indicated he has reviewed, and concurs with, the
Conditions of Approval and Development Standards, as proposed and modified.
Commissioner Conway moved to approve the request of Philip Haynes for a Site Specific
Development Plan and Use by Special Review Permit#1775 for any Use Permitted as a Use by
Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts
(retail food establishment primarily engaged in the sale of specialty meats, dairy products and
animal food), provided that the property is not a lot in an approved or recorded subdivision plat
or lots 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 herein the record. The motion was seconded by Commissioner Garcia, and it carried
unanimously.
Commissioner Conway apologized to the applicant, on behalf of Weld County, and stated he
was sorry Mr. Haynes was misinformed about the process from County staff, and he was glad
the Board was able to correct the situation today. There being no further discussion, the
hearing was completed at 10:30 a.m.
This Certification was approved on the 4th day of April, 2011.
BOARD OF COUNTY COMMISSIONERS
• WELD COUNTY, COLORADO
.
ATTEST: c i ..cR. ,z
Barbara Kirkmeyer, Chair
Weld County Clerk to(e ; —1
re A Sean 2eyay, Pro-Tem
BY:
Deputy Clerk to th- :oa ►�
William F. Ga
EXCUSED
David E. Long
ou t: ',se,e,.4«
1'lougI IRademachel
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• EXHIBIT INVENTORY CONTROL SHEET
Case USR #1775 — PHILIP HAYNES
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 March 1, 2011)
a Planning Staff Sign Posting Certificate for the BOCC
E. Bruce Barker E-mail from Bruce with Verbiage
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