HomeMy WebLinkAbout20112125.tiff HEARING CERTIFICATION
DOCKET NO. 2011-35A
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW
PERMIT #521 FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (FARLEY'S MACHINE SHOP, AIRPORT AND AGRICULTURAL CROP
SPRAYING OPERATION) IN THE A (AGRICULTURAL) ZONE DISTRICT - DAVID
FARLEY FAMILY TRUST, C/O FRED OTIS
A public hearing was conducted on July 20, 2011, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Sean P. Conway, Pro-Tern
Commissioner William F. Garcia
Commissioner David E. Long - EXCUSED
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Brad Yatabe
Planning Department representative, Tom Parko
Health Department representative, Lauren Light
Public Works representative, Heidi Hansen
The following business was transacted:
I hereby certify that pursuant to a notice dated May 13, 2011, and duly published May 18, 2011,
in the Fort Lupton Press, a public hearing was conducted on June 29, 2011, to consider the
request of David Farley Family Trust, do Fred Otis, for a Site Specific Development Plan and
Amended Use by Special Review Permit #521 for a Use Permitted as a Use by Right, an
Accessory Use or Use by Special Review in the Commercial or Industrial Zone Districts
(Farley's Machine Shop, airport and agricultural crop spraying operation) in the A (Agricultural)
Zone District. At said hearing, the Board deemed it advisable to continue the matter to
July 20, 2011, at the applicant's request, to allow the matter to be considered by a full quorum of
the Board.
At said hearing on July 20, 2011, Brad Yatabe, Assistant County Attorney, made this a matter of
record. Chair Kirkmeyer advised the applicant's Attorney, Fred Otis, 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. Otis indicated the applicant
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.
Mr. Parko provided a brief description of the location of the site, which consists of 243.6 acres,
and stated the property was previously approved for a crop spraying operation and air strip
known as the Krugel/Strong Airport. He stated some of the hangars are leased; he reviewed
CC Cc\, P L, 9w, 1-1 L t 2011-2125
- I PL1343
HEARING CERTIFICATION - DAVID FARLEY FAMILY TRUST, CIO FRED OTIS
(AMUSR-521)
PAGE 2
the surrounding land uses; and stated the applicant, Mrs. Farley, resides on the property.
Mr. Parko indicated a large portion of the surrounding parcels are owned by the Farley Family,
and they did create a Subdivision Exemption lot to avoid placing the entire property under the
USR. He further stated some of the hangars are owned by individuals; however, the underlying
property is owned by the Farley Family Trust. Mr. Parko stated the site is within the three-mile
referral area for the Town of Platteville; however, staff did not receive a referral response.
Eleven referral agencies reviewed the proposal, five offered comments, and staff has received
no correspondence from surrounding property owners. He explained the Amended Use by
Special Review (USR) application is necessary to correct a building violation to ensure several
buildings acquire a Change of Occupancy permit. He noted the Planning Commission did
remove the opaque fence screening component, and staff is in agreement with the amendment.
Lastly, he reviewed an aerial photograph of the site with a corresponding legend of labeled
improvements, as well as photographs of the site and surrounding area, for the record. In
response to Commissioner Rademacher, Mr. Parko stated the mobile home is no longer used
as a residence; it was converted to an office for the crop dusting business; however, the
applicant intends to convert it into a caretakers' residence.
Heidi Hansen, Department of Public Works, stated County Road 32 is a collector status road
requiring 80 feet of right-of-way. She stated the average daily traffic count is approximately
1,138 vehicles, all existing accesses will used, as no new accesses will be permitted, the
applicant is providing a water quality depression for the hangar and machine shop area, and
staff has no concerns with this proposal.
Lauren Light, Department of Public Health and Environment, stated the domestic well needs to
be re-permitted, as indicated in Condition of Approval #1.F. She stated there are two septic
systems on the property: one for the mobile home which serves up to six people, and one which
was permitted in February, 2011, for the machine shop, which the engineer's evaluation
indicates will serve up to two people. Ms. Light stated the application materials indicate the site
may serve up to 26 people; therefore, the applicant will need to make a determination on the
number of people and address it appropriately. She stated the applicant has submitted a Dust
Abatement Plan, Safety-Kleen picks up used oil, and Condition of Approval #1.J may be deleted
since it is addressed in Development Standard #17. In response to Commissioner Conway,
Ms. Light clarified the old septic system for the shop was never permitted so the applicant had it
evaluated. Responding to Chair Kirkmeyer, Mr. Parko stated the mobile home next to
Building C is vacant, the applicant would like to convert it to a caretaker's residence, and there
is more than one residence on the property.
Mr. Otis provided a historic summary of the property's past owners and uses for the record. He
stated Ms. Farley owns the double-wide residence situated on the Recorded Exemption parcel
and is a daily participant in the operation. He explained between 1950 and 1980, the various
hangar buildings were constructed for outside users and they are assessed to the separate
owners and the applicant never generated income from the airstrip operation. Mr. Otis stated
the airport and crop dusting operation are operated out of Buildings A and B and the site was in
compliance with approval of the original USR #521. He stated the problem started when the
lease holder of Building C allowed a resident in the mobile home and the County received a dog
complaint, which brought the current use of the property into question, in 2010. He further
stated the applicant has worked with the adjacent land owner to purchase a small portion of an
2011-2125
PL1343
HEARING CERTIFICATION - DAVID FARLEY FAMILY TRUST, C/O FRED OTIS
(AMUSR-521)
PAGE 3
adjacent parcel to move property lines and ensure all improvements are within the property
boundary, as well as completing the necessary Recorded Exemption and Subdivision
Exemption and USR processes. Mr. Otis stated Ms. Farley has spent approximately $25,000 to
correct water problems, inspection issues, and obtaining the necessary permits to bring the site
into compliance, and she anticipates spending another $20,000 to comply with all of the
remaining building requirements. He indicated the Department of Building Inspection has
requested a fire wall separation between Buildings A and B, or that the applicant move the
mobile home five feet. He stated either option will be very expensive, and he proposed modified
language for Condition of Approval #1.B, marked Exhibit E, requesting the Board consider
waiving the requirement.
In response to Chair Kirkmeyer, Mr. Yatabe stated the Board of Commissioners does not have
the authority to waive a building code requirement. Chair Kirkmeyer commented the Board of
Adjustment does have the authority to grant a variance. Mr. Otis clarified the applicant is
requesting a waiver of Condition of Approval #1.6 regarding the Building Inspection
requirements prior to recording the plat. Commissioner Garcia stated the existing language
could be interpreted as being met if the applicant is in the process of seeking a waiver by the
Board of Adjustment. Mr. Yatabe agreed the Board has the authority to modify the Condition for
the USR, but not to waive the International Building Code. He also commented the Department
of Building Inspection may have different requirements if the mobile home is used as an office,
versus a residence. Commissioner Kirkmeyer stated Condition of Approval #2 should be
modified to allow the applicant more than sixty (60) days to record the plat to accommodate a
waiver request to the Board of Adjustment.
In response to Commissioner Kirkmeyer, Frank Piacentino, Department of Building Inspection,
confirmed if the Board of Adjustment were to deny the waiver request, the applicant still has
other options for an accessory structure versus a residence, and Mr. Otis agreed.
In response to Commissioner Rademacher, Mr. Parko stated Development Standard #11
requires adherence to the Commercial Zone District noise levels due to the machine shop. He
stated the Industrial standard is 70 decibels and was not required since they are not currently
doing crop dusting.
Melba Farley, applicant, stated the site has operated as an airport since the 1950's. In
response to Chair Kirkmeyer, Mr. Parko stated Development Standard #11 was not part of the
original USR. Ms. Light suggested modifying the standard up to the 70 decibel Industrial level
to account for any crop dusting operation in the future, since the residential and commercial
levels only allow up to 50 decibels.
In response to Chair Kirkmeyer, Ms. Farley stated she has reviewed, and agrees to abide by,
the Conditions of Approval and Development Standards, as proposed and modified. The Board
agreed to modify Conditions of Approval #2 and #3 to allow the applicant up to 180 days to
submit the plat for recording, and to delete the landscaping requirement under Condition of
Approval #1.L. In response to Commissioner Rademacher, Mr. Otis stated the number of
employees detailed in Development Standard #3 is adequate.
2011-2125
PL1343
HEARING CERTIFICATION - DAVID FARLEY FAMILY TRUST, CIO FRED OTIS
(AMUSR-521)
PAGE 4
Commissioner Conway moved to approve the request of David Farley Family Trust, do Fred
Otis, for a Site Specific Development Plan and Amended Use by Special Review Permit#521
for a Use Permitted as a Use by Right, an Accessory Use or Use by Special Review in the
Commercial or Industrial Zone Districts (Farley's Machine Shop, airport and agricultural crop
spraying operation) in the A (Agricultural) Zone District. His motion included the deletion of
Conditions of Approval #1.J and #1.L, modifying Conditions #2 and #3 to allow the applicant up
to one hundred eighty (180) days to submit the plat for recording, and to modify Development
Standard #11 to replace "Commercial" with "Industrial" for the permissible noise levels. The
motion was seconded by Commissioner Garcia, and it carried unanimously. Commissioner
Conway stated the site is a unique asset to the community. There being no further discussion,
the hearing was completed at 10:48 a.m.
This Certification was approved on the 25th day of July, 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: EXCUSED DATE OF APPROVAL
Barbara Kirkmeyer, Chair
Weld County Clerk to the Board P
Sean way, Pro-Tem
BY:Deputy rk tto he B. .,�. ]E i �` 414
I� William F. Garcia
au
I iut fi ,it* ) EXCUSED
`niis ' avid E. Long
,r,
®` ��•Nt
C1;roa, rung Cier
Douglas ademache
2011-2125
PL1343
EXHIBIT INVENTORY CONTROL SHEET
Case AMUSR #521 - DAVID FARLEY FAMILY TRUST
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 June 7, 2011)
D. Planning Staff Certification and Commissioner Hearing sign posting
E. Fred Otis, Attorney Proposed language to Condition #1.6
F.
G.
H.
J.
K.
L.
M.
N.
O.
P.
Q.
R.
S.
T.
U.
V.
W.
cy
C
C
11O
Lo O
CLQ
� Qo
e 1' v
o I �
r 5
O a a ; v
U N ‹.
N co
0
�
U N w m 0 �
Z LL rn
o r Q R N
Z U « o '/\ Ja
0 y c ro 3
E 3
Q o w o
Q OF- Z - (T
o m
o J 16 Q CN x 9 r!1
Y2 ;it E
• LL
f- >-
Z W
O
(n Q >.
LL
0 0 'Q
O Q O
U G d r
d r LIJ< M 3 ( � lCJc\s
4 T T re T _
a \
Z w w w o 1
w o a Z
Hello