HomeMy WebLinkAbout20101082.tiff HEARING CERTIFICATION
DOCKET NO. 2010-15
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1735 FOR A HOME BUSINESS (CUSTOM METAL WORKING STUDIO) IN
THE A (AGRICULTURAL) ZONE DISTRICT - FRED AND ELIZABETH DEERING,
C/O BRUCE AND SUSAN MACMILLAN
A public hearing was conducted on May 26, 2010, at 10:00 a.m., with the following present:
Commissioner Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tern - EXCUSED
Commissioner Sean P. Conway - EXCUSED
Commissioner William F. Garcia
Commissioner David E. Long
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
County Attorney, Bruce Barker
Planning Department representative, Chris Gathman
Health Department representative, Lauren Light
Public Works representative, Heidi Hansen
The following business was transacted:
I hereby certify that pursuant to a notice dated April 19, 2010, and duly published April 22, 2010,
in the Windsor Beacon, a public hearing was conducted to consider the request of Fred and
Elizabeth Deering, c/o Bruce and Susan MacMillan, for a Site Specific Development Plan and
Use by Special Review Permit #1735 for a Home Business (custom metal working studio) in the
A (Agricultural) Zone District. Bruce Barker, County Attorney, made this a matter of record.
Chair Rademacher advised the applicant, Susan MacMillan, that she has the option of
continuing the matter to a date when the full Board will be present. However, if she decides to
proceed today, the matter will require three affirmative votes, or the matter will be deemed
denied. Ms. MacMillan indicated she would like to proceed today.
Chris Gathman, 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 USR permit was submitted to correct a zoning violation on the property
for the operation of a metal working business without the proper permits. He indicated the site
is located within a rural agricultural area, with the nearest residences being 500 feet to the west,
and 1,000 feet to the south, and an irrigation pivot is located to the northeast. He stated ten
referral agencies reviewed the application materials, and six provided comments which have
been addressed within the Conditions of Approval and Development Standards. He clarified the
site is located within the three-mile referral area for the Towns of Berthoud, Johnstown, and
Milliken, with the Town of Berthoud indicating no conflicts, and no referral responses were
received from the Towns of Johnstown and Milliken. He further clarified no letters or telephone
calls have been received concerning this application, and he displayed photographs of the site
and the surrounding area. He confirmed the applicants intend to utilize the existing building on
the site, and there will be no new structures.
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HEARING CERTIFICATION - FRED AND ELIZABETH DEERING, CIO BRUCE AND SUSAN
MACMILLAN (USR-1735)
PAGE 2
Heidi Hansen, Department of Public Works, stated County Road 17 is classified as an arterial
roadway, currently containing 60 feet of right-of-way, and requiring 140 feet of right-of-way at full
buildout. She confirmed the applicants will utilize the existing access, and there are no storm
drainage requirements for the site, due to the low intensity of the proposed use. Responding to
Commissioner Garcia, Ms. Hansen confirmed the existing gravel on the site is adequate and
addresses the requirement listed within Development Standard #16.
Lauren Light, Department of Public Health and Environment, stated water is provided to the site
from the Little Thompson Water District, and a septic system will handle the effluent flow. She
clarified there will be no outside employees and no clients travel to the site, therefore, the
Condition of Approval requiring an evaluation of the septic system was removed at the Planning
Commission hearing. She explained the septic tanks on the property are sized properly;
however, there was no information provided regarding the leach field. She stated a Dust
Abatement Plan was not required, since there is no additional traffic to the site; however, a
Waste Handling Plan was required, to ensure no waste would blow from the site. Responding
to Commissioner Garcia, Ms. Light confirmed all of the metal work occurs within a building,
therefore, she does not expect any concerns with the limitation of noise levels, as addressed
within Development Standard #8. In response to Chair Rademacher, Ms. Light clarified the
maximum noise levels allowed within the A (Agricultural) Zone District are the same level as the
maximum noise levels allowed within the Residential and Commercial Zone Districts. She
further clarified the Industrial Zone District is the only District which contains a higher maximum
level.
Ms. MacMillan explained her husband, Bruce MacMillan, is a custom metalworker and
blacksmith, and he creates custom railings and gates for designers or architects which request
the custom work. She confirmed clients do not visit the property, and the business is best
defined as an artisan-client relationship. She stated her husband does utilize a power hammer
on occasion; however, all of the metalwork is done within the red outbuilding located on the site,
therefore, there will be no dust or toxic emissions created. She further stated her husband
generally works by himself, with their son occasionally helping with some projects, and she
confirmed there will be no outside employees. Responding to Commissioner Garcia,
Ms. MacMillan indicated she does not have any contemplation of future employees for the
business, as Mr. MacMillan has always been the sole employee of the business. In response to
Mr. MacMillan, Chair Rademacher explained if additional employees were requested during this
hearing, it might prompt the need for the septic system to be evaluated, which might create an
additional cost; however, to add employees at some point in the future would require an
amendment to the permit, which could be costly. Responding to Commissioner Long, Ms. Light
clarified the residence on the site contains two septic systems; however, there was no
information provided by the previous owners regarding the sizes, therefore, if the applicant
intends to allow outside employees, the septic systems would be required to be evaluated and
the leach fields would need to be located. Mr. MacMillan confirmed he does not intend to allow
employees to utilize the facilities within the residence, and in response, Ms. Light clarified the
applicant will be required to provide access to sanitation facilities if there are additional
employees on the site. Chair Rademacher clarified the changes to the septic system will not be
required to be completed unless the applicant hires an outside employee.
2010-1082
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HEARING CERTIFICATION - FRED AND ELIZABETH DEERING, C/O BRUCE AND SUSAN
MACMILLAN (USR-1735)
PAGE 3
No public testimony was offered concerning this matter.
Following discussion between Chair Rademacher and Mr. MacMillan, regarding the addition of
outside employees, Mr. MacMillan requested the addition of up to two (2) outside employees.
At the request of Chair Rademacher, Ms. Light suggested the modification of Development
Standard #3 to state, "The facility shall be operated by owners and family members, along with
up to two (2) outside employees.", and the Board concurred with the proposed modification.
Ms. Light further requested a modification to Development Standard #9 to state, "Adequate
sanitation facilities shall be evaluated by the Weld County Department of Public Health and
Environment at the time that outside employees are hired." She clarified if outside employees
are never hired, then a review of the system will not be necessary. The Board concurred with
the proposed modification.
In response to Chair Rademacher, Ms. MacMillan indicated she has reviewed, and concurs
with, the Conditions of Approval and Development Standards, as modified.
Commissioner Garcia moved to approve the request of Fred and Elizabeth Deering, c/o Bruce
and Susan MacMillan, for a Site Specific Development Plan and Use by Special Review
Permit#1735 for a Home Business (custom metal working studio) 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 the modification of Development Standard #3 to state, "The facility shall be operated by
owners and family members, along with up to two (2) outside employees.", and the modification
of Development Standard #9 to state, "Adequate sanitation facilities shall be evaluated by the
Weld County Department of Public Health and Environment at the time that outside employees
are hired." The motion was seconded by Commissioner Long, and it carried unanimously.
There being no further discussion, the hearing was completed at 10:20 a.m.
2010-1082
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HEARING CERTIFICATION - FRED AND ELIZABETH DEERING, C/O BRUCE AND SUSAN
MACMILLAN (USR-1735)
PAGE 4
This Certification was approved on the 7th day of June, 2010.
BOARD OF COUNTY COMMISSIONERS
,La ELD COUNTY, COLORADO
ATTEST: j--A., rto `� . evr& Otkr
la Radema her, Chair
Weld County Clerk to the Boa , r .•' � Y. .
USED
Uein rbara Kirkmeyer, Pro-Tern
Dep Clerk t he Board EXCUSED
Sean P. Co
Garci
David E. Long
2010-1082
PL2062
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EXHIBIT INVENTORY CONTROL SHEET
Case USR-1735— FRED AND ELIZABETH DEERING, C/O BRUCE AND SUSAN
MACMILLAN
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 05/04/2010)
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