HomeMy WebLinkAbout20100794.tiff HEARING CERTIFICATION
DOCKET NO. 2010-05
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1724 FOR A HOME BUSINESS (PARKING OF ONE SEMI-TRUCK AND
TWO TRAILERS) IN THE A (AGRICULTURAL) ZONE DISTRICT — CODY AND RANA
PICKERING
A public hearing was conducted on April 21, 2010, at 10:00 a.m., with the following present:
Commissioner Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem
Commissioner Sean P. Conway
Commissioner William F. Garcia
Commissioner David E. Long - EXCUSED
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, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated March 22, 2010, and duly published March 25,
2010, in the Windsor Beacon, a public hearing was conducted to consider the request of Cody
and Rana Pickering for a Site Specific Development Plan and Use by Special Review Permit
#1724 for a Home Business (parking of one semi-truck and two trailers) in the A (Agricultural)
Zone District. Bruce Barker, County Attorney, made this a matter of record. Chair Rademacher
advised the applicants, Cody and Rana Pickering, that they have the option of continuing the
matter to a date when the full Board will be present. However, if they decide to proceed today,
the matter will require three affirmative votes, or in the case of a tie vote, Commissioner Long
will review the record and make the determining vote. Mr. Pickering indicated he 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 west of Apache Road, and north of County Road 20, and
the surrounding properties are within the A (Agricultural) Zone District and contain single-family
residences throughout the Casagrande Estates Subdivision. She indicated the site is located
within the three-mile referral area for the Towns of Firestone and Frederick, neither of which
returned a referral response, and staff believes the use is compatible with the surrounding area.
She stated the site is currently in violation for the parking of the semi-truck and additional
trailers; however, if the USR is approved, the violation will be closed. She further stated if the
USR application is denied, the matter will be forwarded to the County Attorney's Office. She
indicated twelve referral agencies reviewed the application materials, and seven responded
favorably or provided comments which have been addressed within the Conditions of Approval
and Development Standards. Ms. Martin displayed photographs of the site and the surrounding
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area, and in response to Commissioner Conway, she confirmed the violation was initiated
based upon a complaint from a surrounding property owner. Further responding to
Commissioner Conway, Ms. Martin indicated staff originally requested that the truck and trailers
be screened from adjacent properties and public rights-of-way; however, the applicant provided
letters of support to remove the requirement for screening during the Planning Commission
hearing and the Planning Commission voted to remove the screening requirements. In
response to Chair Rademacher, Ms. Martin confirmed she was not made aware of which
neighbor provided the complaint which initiated the violation; however, no letters or telephone
calls of complaint were received regarding this case. She clarified one of the surrounding
property owners also attended the Planning Commission hearing and testified that they did not
believe the equipment on the property created an eyesore.
Don Carroll, Department of Public Works, stated Apache Road is a local paved subdivision road
containing 60 feet of right-of-way, and the roads within the Casagrande Estates Subdivision are
maintained by the County. He indicated there are two accesses to the property; one access
leads directly to the residence, and one access leads to the outbuilding and storage area. He
confirmed staff did not require a traffic study, and on the plat, the applicant will indicate the area
of the water quality feature, to collect runoff on the site.
Lauren Light, Department of Public Health and Environment, stated there will be no employees
at the site, therefore, the Department does not have any concerns regarding the existing septic
and water. She clarified Mr. Pickering does not complete any truck maintenance on the site,
and the Department does not have any concerns regarding dust control on the site.
Commissioner Kirkmeyer read Condition of Approval #2 into the record, and questioned what
requirements and concerns were presented within the referral response from the Department of
Public Works. In response, Mr. Carroll stated the referral contained recommendations
regarding the drainage on the site and indicated a traffic study would not be required, therefore,
the applicant has met all of the requirements within the referral, and the Condition could be
deleted. Further responding to Commissioner Kirkmeyer, Ms. Martin clarified Condition of
Approval #3, requiring an Improvements Agreement, was included in the Resolution to address
the screening requirements; however, since the screening requirements were removed from the
Resolution, this Condition may also be deleted. Mr. Carroll confirmed the elements of the water
feature area are already in place, therefore, he also recommended deletion of the Condition.
Mr. Pickering stated he has resided at the property for the past five years, therefore, he has
mistakenly been in violation for the past five years. He confirmed he met with the surrounding
property owners to explain his plans for this USR permit, and none of the neighbors expressed
objections. He clarified one of his neighbors was previously issued a violation for the same
situation, and when the Zoning Compliance Officer visited the site to explain that a USR permit
would be necessary, the neighbor pointed out his property. He indicated Ms. Salzman then
contacted him and he began the process to obtain a USR permit. He confirmed he puts forth
effort to be a good neighbor, he enters and exits the site as quietly as possible, and he
specifically added recycled asphalt to the property so that dust would not become an issue for
the neighborhood. He further confirmed he has respect for his neighbors and he needs to be
able to continue operating his truck.
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HEARING CERTIFICATION - CODY AND RANA PICKERING (USR-1724)
PAGE 3
Commissioner Kirkmeyer expressed her appreciation to Mr. Pickering for his pro-active
approach in dealing with his neighbors, and she confirmed he acts in good faith as a good
neighbor, especially since the property appears to be extremely well-maintained. Commissioner
Conway concurred with Commissioner Kirkmeyer.
No public testimony was offered concerning this matter.
In response to Chair Rademacher, the Board concurred with the deletion of Conditions of
Approval #2 and #3. Further responding to Chair Rademacher, Ms. Martin suggested the words
"...through #3..." be deleted from the first sentence of Condition of Approval #4, and the Board
concurred. In response to Chair Rademacher, Mr. Pickering indicated he is satisfied with the
hours of operation, as currently stated within Development Standard #3.
In response to Chair Rademacher, Mr. Pickering indicated he has reviewed, and concurs with,
the Conditions of Approval and Development Standards, as modified.
Commissioner Kirkmeyer moved to approve the request of Cody and Rana Pickering for a Site
Specific Development Plan and Use by Special Review Permit #1724 for a Home Business
(parking of one semi-truck and two trailers) 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. Her motion included the
deletion of Conditions of Approval #2 and #3, with the required re-numeration, and the
modification of the first sentence of Condition of Approval #4 to state, "Upon completion of
Condition of Approval#1 above, the applicant shall submit three (3) paper copies of the plat, for
preliminary approval, to the Weld County Department of Planning Services." The motion was
seconded by Commissioner Conway, and it carried unanimously. There being no further
discussion, the hearing was completed at 10:20 a.m.
This Certification was approved on the 26th day of April, 2010.
OARD OF COUNTY COMMISSIONERS
LD COUNTY, COLORADO
ATTEST: ] :
' i` .. tea. -
C7,; s "ademach: , Chair
Weld County Clerk to the Boar •
ara Kirkmeye , Pro-Tem /
BY.\ , ` 6
Dep Clerk o the Board L r
Sean @____ n ay
p,
Wflffam F. Garcia
EXCUSED
David E. Long
2010-0794
PL2044
EXHIBIT INVENTORY CONTROL SHEET
Case USR-1724 - CODY AND RANA PICKERING
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 April 6, 2010)
D. Planning Staff Certificate and photo of sign posting
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