HomeMy WebLinkAbout20101933.tiff HEARING CERTIFICATION
DOCKET NO. 2010-34
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1736 FOR A HOME BUSINESS (COLLINS CONSTRUCTION AND
TRUCKING) IN THE A (AGRICULTURAL) ZONE DISTRICT - JESSIE COGBURN, C/O
ROBERT COLLINS
A public hearing was conducted on August 25, 2010, at 10:00 a.m., with the following present:
Commissioner Douglas Rademacher, Chair- RECUSED
Commissioner Barbara Kirkmeyer, Pro-Tern
Commissioner Sean P. Conway - EXCUSED
Commissioner William F. Garcia
Commissioner David E. Long
Also present:
Acting Clerk to the Board, Esther Gesick
County Attorney, Bruce Barker
Planning Department representative, Kim Ogle
Health Department representative, Mary Evett
Public Works representative, Heidi Hansen
The following business was transacted:
I hereby certify that pursuant to a notice dated July 16, 2010, and duly published July 21, 2010,
in the Fort Lupton Press, a public hearing was conducted to consider the request of Jessie
Cogburn, do Robert Collins, for a Site Specific Development Plan and Use by Special Review
Permit #1736 for a Home Business (Collins Construction and Trucking) in the A (Agricultural)
Zone District. Bruce Barker, County Attorney, made this a matter of record.
Chair Rademacher stated he will recuse himself from this hearing, since he is related to the
applicant and he does currently farm the adjacent property. Chair Pro-Tern Kirkmeyer advised
Robert Collins, applicant, that he has the option of continuing this matter to a date when the full
Board will be present, with the exception of Commissioner Rademacher. However, if he
decides to proceed today, it will require three affirmative votes, or the matter will be deemed
denied. Mr. Collins indicated he would like to proceed today.
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 request is for a Home Business in the A (Agricultural) Zone District and the site is
located north of County Road 28 and east of County Road 17. He stated the property is also
located within the three-mile referral area for the Towns of Firestone and Mead; however, Mead
indicated no conflict with its interests and Firestone did not respond. He stated the property is
currently in violation of the Weld County zoning regulations, and if this permit request is
approved, this portion of the Violation case will be closed; however, if the request is denied, the
Violation process will proceed. He further stated staff has not received any correspondence or
calls from surrounding property owners, 15 referral agencies reviewed the matter, seven
responded with comments that have been addressed in the Conditions of Approval and
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Development Standards, and he displayed photographs of the site and surrounding area. In
response to Commissioner Garcia, Mr. Ogle stated the violation was not complaint driven; the
issues were noticed by a zoning compliance officer working in the area. Responding to Chair
Pro-Tem Kirkmeyer, Mr. Ogle stated the Noncommercial Junkyard portion of the violation will
still need to be corrected if this request is approved. He further stated the mobile home is on a
permanent foundation and Mr. Collins needs to complete the breezeway connecting the mobile
home to the house in order to obtain a Certificate of Occupancy, which is addressed in the
Conditions of Approval.
Heidi Hansen, Department of Public Works, stated County Road 17 is a local gravel road
with 60 feet of right-of-way and an average daily traffic count of 70 vehicles taken in 2006. She
stated the applicant will utilize the existing access and she noted Mr. Collins is proposing a
possible berm for screening and buffering of the site; however, it must not be in the County
right-of-way, it cannot generate debris in the drainage ditch, and it must not exceed 3.5 feet in
height, adjacent to the access to ensure adequate sight distance. She further stated the
standard language was also included regarding maintenance of noxious weeds and a water
quality feature.
Mary Evett, Department of Public Health and Environment, stated the site contains a two
bedroom home, served by a septic system and the Central Weld County Water District. She
stated the applicant has pulled a septic permit, there will be no employees, and he will be
required to submit a Dust Abatement Plan and Waste Handling Plan, which shall include
removal and disposal of the fluids from the vehicle maintenance activity. Ms. Evett stated the
property previously contained numerous 50-gallon drums, which have apparently been removed
from the property. She stated the applicant has indicated he plans to keep two 1,000-gallon
above ground tanks to store diesel fuel, as well as two 55-gallon drums to store waste vehicle
fluids. She noted the applicant will be required to consult with the State to register the above
ground tanks and obtain a Spill Prevention Control Counter Measure Plan, and remaining
Environment Health issues have been addressed in the Development Standards.
Robert Collins, applicant, explained there is a wide ditch between the road and the edge of his
property; therefore, he requested Development Standard #31 be deleted since vehicles parked
on the ditch crossing will be well beyond the berm and sight distance will not be hindered.
Mr. Collins stated he is operating an excavation business, with one backhoe, a small bobcat
skid, and a dump truck, and he has no employees. He referred to the photograph of the access
to the property and indicated he placed a small section of berm to demonstrate his planned
screening, and the pile of flagstone would then be removed and used to surface the berm, if
approved. He further stated he is also in the process of constructing a pole barn, the parked
equipment will be screened by the berm, and all of the tanks will be removed. He stated he is
requesting the use of some 500-gallon tanks for diesel fuel and some 55-gallon drums will be
used to store motor, transmission and hydraulic oils, and they will all be stored in the
containment area, as permitted by the County. Mr. Collins stated he has contracted with
Tri-State Reclaimers to haul the used oil away from the site. He explained the mobile home will
be attached to the existing 850-square-foot dwelling, and he intends to use the space for
exercise equipment and an archery room. He also referenced Development Standard #35 and
stated Mr. Ogle has clarified with him that staff will contact him prior to arriving at the property.
In response to Commissioner Garcia regarding screening, Mr. Collins stated he will eventually
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have large gates on the driveway and a 10-foot chain link fence by the other garage, in addition
to the berm that will be placed on the north and a small portion of the western edge of the
property. He stated his property is located in rural Weld County, and he is adjacent to a sand
and gravel operation that is not screened. He further stated the 10-foot berm is his preference
for screening, which he intends to surface with flagstone to enhance the appearance.
No public testimony was offered concerning this matter. In response to Commissioner Garcia,
Ms. Hansen stated she is not opposed to the berm as long as the applicant understands it must
remain on his property and not slide into the ditch or cause obstructions. Mr. Collins confirmed
the berm will be setback 10 feet from the edge of the ditch. Responding to Commissioner
Garcia, Mr. Collins stated he typically leaves his property at 6:00 a.m., he does store some
supplies on the site, most of the work is done off-site, and the closest home is approximately
one-half mile to the north. Commissioner Garcia stated he is in agreement with modifying the
opening hours of operation from 8:00 a.m., to 6:00 a.m. In response to the Board, Ms. Hansen
suggested modifying Development Standard #31 to delete the words, "shall be a maximum of
3.5 feet in height", and she stated Development Standard #32 indicates the ditch must be kept
free of debris and fill from the berm.
In response to Chair Pro-Tem Kirkmeyer, Mr. Collins stated he has reviewed, and agrees with,
the Conditions of Approval and Development Standards, as proposed and modified.
Commissioner Garcia stated he does not view the request as a huge impact to the area;
however, he did provide the applicant with instruction to continue working to resolve the
remaining violation issues. With those comments, Commissioner Garcia moved to approve the
request of Jessie Cogburn, c/o Robert Collins, for a Site Specific Development Plan and Use by
Special Review Permit #1736 for a Home Business (Collins Construction and Trucking) 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 also included modifying Development Standard #28 to read, "Hours of
operation shall be from 6:00 a.m., to 5:00 p.m., Monday through Saturday.", and modifying
Development Standard #31 to read, "The earthen berm near the access drives shall allow
adequate sight distance in both directions." The motion was seconded by Commissioner Long,
and it carried unanimously. There being no further discussion, the hearing was completed at
10:40 a.m.
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This Certification was approved on the 30th day of August, 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: : %:�` I / RECUSED
Do .las Rademacher, C ir
Weld County Clerk to th''o � y I�, � �,
1 J x � loara Kirkmeyer, ro-Tem
BY: / I 7 y.-4'
Deputy Clerk to the Bow'= Op p EXCUSED
Sean P. C
W. . Garcia
Davi E. Long
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EXHIBIT INVENTORY CONTROL SHEET
Case USR-1736 - JESSIE COGBURN, CIO ROBERT COLLINS
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 08/03/2010)
D. Planning Staff Memo re: Amendments to Resolution, dated 08/03/2010
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