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Home My WebLink About20120228 HEARING CERTIFICATION DOCKET NO. 2011-72 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR11-0001, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (SAWMILL AND RETAIL SALES OF LUMBER AND FURNITURE) IN THE A (AGRICULTURAL) ZONE DISTRICT- DAN ODELL A public hearing was conducted on December 21, 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 Assistant County Attorney, Brad Yatabe Planning Department representative, Michelle Martin Health Department representative, Lauren Light Public Works representative, Heidi Hansen The following business was transacted: I hereby certify that pursuant to a notice dated November 10, 2011, and duly published November 16, 2011, in the Fort Lupton Press, a public hearing was conducted to consider the request of Dan Odell, for a Site Specific Development Plan and Use by Special Review Permit, USR11-0001, for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (sawmill and retail sales of lumber and furniture) in the A (Agricultural) Zone District. Brad Yatabe, Assistant County Attorney, made this a matter of record. Michelle Martin, Department of Planning Services, presented a brief summary of the proposal, entered the favorable recommendation of the Planning Commission into the record as written, and gave a brief description of the location of the site and surrounding land uses. She stated the property is not within an Intergovernmental Agreement area; however, it is within the three-mile referral area for the City of Fort Lupton, which indicated there is potential for annexation of the property in the future. She further stated the Town of Frederick indicated no conflict with its interests. Ms. Martin displayed an aerial vicinity map and photographs of the site and surrounding uses. Heidi Hansen, Department of Public Works, stated the site is accessed from County Road 23, which is a collector roadway, with an average daily traffic count of 568 vehicles. She stated there is also a recorded easement to access the rear of the property, stormwater runoff will be directed to the rear of the site, and no additional water quality feature is required. She further stated this is anticipated to be a small operation with a minimal traffic impact. In response to 2012-0228 ALA), ¢J - PL2139 I a JT HEARING CERTIFICATION - DAN ODELL (USR11-0001) PAGE 2 Commissioner Garcia, Ms. Hansen stated Weld County maintains County Road 23, and an additional ten feet will be shown on the plat as future right-of-way (80 feet total). Lauren Light, Department of Public Health and Environment, stated the applicant has provided evidence of a commercial water well permit from the State, therefore, Condition of Approval #5 may be deleted. She stated, if the facility exceeds eight people per day, the applicant may upgrade or install a new septic system, as addressed in Condition of Approval #4. She further stated the drive areas will be surfaced with road base to control dust; the State has determined an air emissions permit is not required at this time; 90 percent of the processing does not use chemicals; and although most of the activity will be conducted indoors, the applicant did submit a Noise Abatement Plan. In response to Commissioner Rademacher, Ms. Light reiterated the septic system is connected to the residence and is currently approved for eight people, which does allow for employee use. Dan Odell, applicant, displayed a PowerPoint presentation, marked Exhibit D, and explained he desires to expand his business, which salvages dead trees, primarily from the Denver metro area, to create usable lumber for furniture designs. In response to Commissioner Rademacher, Mr. Odell stated he served on the committee which developed Best Management Practices with the U.S. Forest Service to help prevent the transfer of diseases, and he confirmed he does not fumigate or use chemicals to treat the wood. Responding to Commissioner Garcia, Mr. Odell stated the City of Fort Lupton is considering building a trail in the area and asked that he keep the easement area clear. No public testimony was offered concerning this matter. In response to Commissioner Rademacher, Ms. Martin indicted the location of the proposed screening/fencing. Mr. Odell added he currently has one employee; however, there is the potential for up to eight employees. He stated the application reflects the current hours of operation; however, he requested the hours be expanded until 6:00 p.m., and he confirmed the public does not come to the site. Following discussion, Ms. Martin stated the current language is intended to restrict the hours when the public may be present. Mr. Odell added the Americans with Disabilities Act (ADA) requirements may restrict use of the house facility; however, he will work with staff regarding the options for the employee restroom. In response to Chair Kirkmeyer, Mr. Odell stated he has reviewed, and agrees to abide by, the Conditions of Approval and Development Standards, as proposed and modified. Commissioner Conway stated he is excited about this new venture locating in Weld County and he moved to approve the request of Dan Odell for a Site Specific Development Plan and Use by Special Review Permit, USR11-0001, for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (sawmill and retail sales of lumber and furniture) 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 Condition of Approval #5, amending Development Standard #3 to allow up to eight (8) employees, and modifying Development Standard #5 to state, "The public hours of operations shall be from 8:00 a.m., to 6:00 p.m., Monday through Saturday." The motion was seconded by Commissioner Rademacher, and it carried unanimously. There being no further discussion, the hearing was completed at 10:42 a.m. 2012-0228 PL2139 HEARING CERTIFICATION - DAN ODELL (USR11-0001) PAGE 3 This Certification was approved on the 28th day of December, 2011. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLOO O ATTEST: :2 42--/4"--/--0— / l i-- /� � ti �B�rbara Kirkmeyer, CI}�air Weld County Clerk to the Board _ r , /1 Sean nway, Pro-Tem BY: O, nul�-- Deputy C rk to the Bo'ard'er 7. William F. G is ,,`\ ' / 4 tato),, !!!�A EXCUSED DATE OF APPROVAL \'avid E. Long , %is` r i \ \�`, 'ougl-s Rade -cher • 2012-0228 PL2139 N. 60 i' QS NJ oq tCo a .iCr — o o e. � er O , ,\, 3 ,t-) (i- a1 o ; ! 4 o w Lli O m ti ,S CL I� z w m U � ,A K. IP 1 U, 6N 0- .3 . a- qq \ a W o 'O N V © 'g ` v w O zz_ o 0 O 2 cs�q- q � 33 m V` N !N N C F- a v w t w 3 r a ° > x 8 w z 1 1" vv ✓ .3. No \) � qi N wa 8 g N '" ',o ill v, c� „ a � � z � A Kl w• _jww E Z• 2z & C • ° '6 w N p I aY � k' J set , I G '� I �� q d th .... T.. C .. XcC id\ X '' t C (ZyPa a NNN ; ..- -. . )3 •\P T _ 5 viz Cr - rte 22-a NNN DI W —'�� QI wd O ;tit it j O d � y fi Q- çk4j ? Q 0 •a OOO w a S O0O a Z -' It EXHIBIT INVENTORY CONTROL SHEET Case USR11-0001 - DAN ODELL 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 11/01/2011) D. Applicant PowerPoint Presentation E. F. G. H. J. K. L. M. N. O. P. Q. R. S. T. U. V. w. Hello