HomeMy WebLinkAbout20103016.tiff HEARING CERTIFICATION
DOCKET NO. 2010-60
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1759 FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICT (HEATING AND AIR CONDITIONING) IN THE A (AGRICULTURAL) ZONE
DISTRICT- KURT AND BECKI SCHWADER
A public hearing was conducted on December 22, 2010, at 10:00 a.m., with the following
present:
Commissioner Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tern
Commissioner Sean P. Conway
Commissioner William F. Garcia - EXCUSED
Commissioner David E. Long
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
County Attorney, Bruce Barker
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 17, 2010, and duly published
November 24, 2010, in the Fort Lupton Press, a public hearing was conducted to consider the
request of Kurt and Becki Schwader, for a Site Specific Development Plan and Use by Special
Review Permit#1759 for a Use Permitted as a Use by Right, Accessory Use, or Use by Special
Review in the Commercial or Industrial Zone District (heating and air conditioning) in the
A (Agricultural) Zone District. Bruce Barker, County Attorney, made this a matter of record.
Chair Rademacher advised the applicants, Kurt and Becki Schwader, that they have the option
of continuing the matter to a date when the full Board is present. However, if they decide to
proceed today, the matter will require three affirmative votes, or in the case of a tie vote,
Commissioner Garcia will review the record and make the determining vote. Ms. Schwader
indicated she would like to proceed today.
Michelle Martin, 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. She stated the site is located south of County Road 46, and east of the Interstate 25
(1-25) Frontage Road. She indicated the property is currently in violation, for the operation of a
business without the proper zoning permit, and if the USR permit is approved, the violation will
be closed; however, if the USR permit is denied, the matter will be referred to the County
Attorney's Office. She stated the surrounding property to the south and east have been
annexed by the Town of Berthoud, and to the north is agricultural land, with a single-family
residence. She further stated no comments have been received from surrounding property
owners, and the site is not located within an Intergovernmental Agreement (IGA) area; however,
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it is located within the three-mile referral area for the Towns of Berthoud, Johnstown, and Mead.
She indicated the Towns of Berthoud and Johnstown did not have any conflicts with the
proposed use, and the Town of Mead did not provide a referral response. She clarified the
Conditions of Approval and Development Standards will ensure compatibility with the
surrounding area, and she displayed photographs of the site and the surrounding area.
Heidi Hansen, Department of Public Works, stated County Road 46 is a local gravel road,
requiring 60 feet of right-of-way at full buildout, which is already reserved. She indicated the
main access to the site is for the commercial business, which is located on the frontage road,
and the private residential access is gated and will not be utilized for the business purposes.
She confirmed the activities on the site are considered to be low-impact, there will be no outdoor
storage of equipment, and the Department did not require a water quality depression feature for
the site.
Lauren Light, Department of Public Health and Environment, stated water is provided to the site
by the Little Thompson Water District, and the district has indicated that it is acceptable for the
water to be utilized for the business uses. She further stated there is an existing septic system
for the residence, and it must be evaluated if it will be utilized by employees. She clarified the
plat indicates an additional septic system within the office building; however, the Department
does not have a permit on file for that system. She indicated the Waste Handling and Dust
Abatement Plans have been submitted, and the used and broken parts associated with the
business are stored within a trailer, and then salvaged. In response to Chair Rademacher, Ms.
Light confirmed the septic issue is addressed within Condition of Approval #4, and it appears an
additional leach field is indicated; however, the Department only has septic records for the
system within the residence.
Ms. Schwader stated they bought the property in 1998, and they have been running their
heating and air conditioning business from the site since that time. She clarified they have had
no negative incidences with the neighbors, and they would like to be allowed to continue to
make a living and keep people employed within the business. She confirmed she has learned a
lot through the application process, and the business provides maintenance of equipment at
various residential and commercial locations. Responding to Chair Rademacher, Ms. Martin
clarified the violation was initiated by the Department of Building Inspection. Ms. Schwader
clarified she was informed that a Department employee was driving down 1-25 and noticed the
truck and trailer on the site.
In response to Ms. Schwader, Mr. Barker clarified Condition of Approval #5 indicates the
applicant will be required to submit an Improvements Agreement for the required on-site
improvements, and it is typical that these types of agreements require the applicant to post
some type of collateral to ensure all of the improvements will be completed. He clarified once
all of the improvements on the site are completed, the collateral is released back to the
applicant. Further responding to Ms. Schwarder, Mr. Barker indicated the collateral may be in
the form of a bond, letter of credit, or even the necessary cash amount, and staff will work with
the applicant regarding the process. In response to Chair Rademacher, Ms. Martin indicated
the improvements will include some additional outdoor screening, along the north and east
boundaries of the property, and for the parking of vehicles. She confirmed the screening is well
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established along the western boundary of the property by mature landscaping. Further
responding to Chair Rademacher, Ms. Martin clarified the nearest residence is approximately
340 feet to the northeast of the site, and the lands within the Town of Berthoud, to the south and
east, are currently in agricultural production. In response to Commissioner Conway,
Ms. Schwader confirmed the nearest residence is a rental property, which is occupied by a
single dad and two teenage sons. Ms. Martin clarified staff did receive a telephone call from the
surrounding property residents, questioning whether the business was expecting to expand, and
no opposition was expressed during the telephone call. Chair Rademacher indicated he does
not believe additional screening is necessary along the north and east boundaries of the site.
Ms. Schwader clarified there is a detention pond utilized by an area farmer to the east of the
site, and the property is not visible from the surrounding residence. Chair Rademacher clarified
the additional required screening seems excessive, and he suggested the deletion of Condition
of Approval #3 and Condition of Approval #1.F. Commissioner Kirkmeyer indicated the
applicants should be required to maintain the existing landscaping on the site; however, she
concurs that no additional screening or landscaping is necessary. In response to Commissioner
Kirkmeyer, Ms. Martin suggested Development Standard #23 be modified to indicate the
existing landscaping on the site shall be maintained. Further responding to Commissioner
Kirkmeyer, Mr. Barker indicated the Screening Plan provides a baseline for what will be required
on the site, and it could be as simple as the Plan containing a sketch of the existing landscaping
on the site. Ms. Martin suggested Condition of Approval #1.F be modified to state, "The plat
shall delineate the existing landscaping and screening on the site.", and Development
Standard #23 be modified to state, "The existing screening on the site shall be maintained."
Ms. Schwader clarified the residence was built in 1889, and the landscaping on the site is very
mature.
In response to Chair Rademacher, Ms. Schwader indicated the business used to employ 23
people; however, it was decided it was unmanageable at that number, and the business is able
to comfortably maintain seven employees. She confirmed she has no future plans of adding
more employees, and she understands the septic system requires an updated evaluation;
however, she does not want to request an addition to the number of employees at this point. In
response to Mr. Schwader, Mr. Barker clarified the USR permit is transferrable if the property
were to be sold in the future; however, the number of employees listed within the Development
Standards will have to be accommodated by the current septic system. Ms. Schwader
reiterated she is not requesting any additional employees, and the limitation of seven
employees within Development Standard #3 is acceptable. Further responding to Chair
Rademacher, Ms. Schwader confirmed the hours of operation, listed within Development
Standard #4, are adequate.
No public testimony was offered concerning this matter.
Upon request for clarification from the Acting Clerk to the Board, the Board concurred with the
modification of Condition of Approval #1.F to state, ""The plat shall delineate the existing
landscaping and screening on the site."; the deletion of Condition of Approval #3, with the
required re-numeration, and the modification of Development Standard #23 to state, "The
existing screening on the site shall be maintained in accordance with the approved plat."
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In response to Chair Rademacher, Ms. Schwader indicated she has reviewed, and concurs
with, the Conditions of Approval and Development Standards, as modified.
Commissioner Kirkmeyer moved to approve the request of Kurt and Becki Schwader for a Site
Specific Development Plan and Use by Special Review Permit #1759 for a Use Permitted as a
Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone
District (heating and air conditioning) 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. He motion included the
modification of Condition of Approval #1.F, the deletion of Condition of Approval #3, with the
required re-numeration, and the modification of Development Standard #23. The motion was
seconded by Commissioner Conway, and it carried unanimously. There being no further
discussion, the hearing was completed at 10:45 a.m.
This Certification was approved on the 29th day of December, 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:�7 •: .IE `�� c
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Weld County Clerk to isbB I '•
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Deputy Clerk to the :� Q11 '� � EXCUSED DATE OF APPROVAL
Sean P. Conway
EXCUSED
William F. Garcia
David E. Long
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EXHIBIT INVENTORY CONTROL SHEET
Case USR#1759 - KURT AND BECKI SCHWADER
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 12/07/2010)
D. Planning Staff Certification and Photo of sign posting
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