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Home My WebLink About20102801.tiff HEARING CERTIFICATION DOCKET NO. 2010-51.A RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1757 FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (CONSTRUCTION COMPANY) IN THE A (AGRICULTURAL) ZONE DISTRICT— LATIMER AND NANCY BOHLING A public hearing was conducted on December 8, 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 Also present: Acting Clerk to the Board, Jennifer VanEgdom County Attorney, Bruce Barker Planning Department representative, Michelle Martin Health Department representative, Mary Evett Public Works representative, Heidi Hansen The following business was transacted: I hereby certify that pursuant to a notice dated October 15, 2010, and duly published October 20, 2010, in the Fort Lupton Press, a public hearing was conducted on November 17, 2010, to consider the request of Latimer and Nancy Bohling, for a Site Specific Development Plan and Use by Special Review Permit #1757 for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (construction company) in the A (Agricultural) Zone District. At said hearing, at the applicant's request, the Board deemed it advisable to continue the matter to December 8, 2010, in order to allow the matter to be considered by a full quorum of the Board. At said hearing on December 8, 2010, Bruce Barker, County Attorney, made this a matter of record. 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 22.5, and west of County Road 25.5. She stated the site is currently in violation, for the operation of a construction company without the required permit, and if the USR permit is approved, the violation will be closed; however, if the permit is denied, the matter will be referred to the County Attorney's Office for legal action. She indicated the surrounding properties are predominantly agricultural in nature, with several single-family residences, and east of the site is USR-1591 for the outdoor storage of RV's, and USR-1654 for hay auctions. She clarified the proposed use of the site will create minimal impacts, therefore, it is compatible with the surrounding area. Ms. Martin stated the site is not located within an Intergovernmental Agreement (IGA) area; however, it is located within the three-mile referral area for the City of Fort Lupton, which indicated no conflicts, and the Town of Platteville, which did not return a referral response. She further stated sixteen c Q a, PL \-I L- , P u 2010-2801 15 - il/ l - ID - / I PL2085 HEARING CERTIFICATION - LATIMER AND NANCY BOHLING (USR-1757) PAGE 2 referral agencies reviewed the application materials, and ten provided comments which have been addressed within the Conditions of Approval and Development Standards. She displayed photographs of the site and the surrounding area, and confirmed the applicant is in the process of completing a Recorded Exemption for the property, which is not yet finalized. She indicated the residence on the site will be located on a separate parcel from the business, which will contain the office building, the large garage/shop area, the gas tanks, and the vehicles and other equipment which are stored on the site. Commissioner Kirkmeyer stated it appears the site already contains a large amount of screening and she questioned what, if any, additional screening the applicant will be required to provide. In response, Ms. Martin confirmed the area is predominantly screened; however, staff is requesting additional screening along County Road 22.5, at the Board's discretion. She clarified the parking on the property is for family members only; employees do not park vehicles on the site. Responding to Chair Rademacher, Ms. Martin stated a single-family residence is located north of the site, and there were no comments provided from this property owner; however, staff did receive one letter with concerns regarding traffic. Heidi Hansen, Department of Public Works, stated County Roads 22.5 and 25.5 are local gravel roads, requiring 60 feet of right-of-way, which is already reserved. She indicated the applicant will continue to utilize the existing accesses, and the business is not proposed to be expanded. She clarified the neighbor who provided the letter was concerned that the business was expecting to expand, creating an increase in traffic; however, the applicant is not proposing to increase traffic. She indicated a depression area has been delineated for runoff control, which is a part of the pasture within the floodplain. She confirmed the applicant does not have any plans to develop on the portion of the property located within the floodplain, and if the property were to be sold at some point in the future, the new property owner will need to be made aware that permits will be required to construct any buildings within that portion of the property. In response to Chair Rademacher, Ms. Hansen indicated the well water issue may be addressed by the Department of Public Health and Environment. Mary Evett, Department of Public Health and Environment, stated a modular home on the property will be available for use for restroom facilities, and the existing septic system is sized for use by six people. She indicated the applicant does not intend to have employees or customers at the site, therefore, an evaluation of the system is not required. She clarified the current well permit is for domestic use, and a letter was provided that as long as the well continues to be utilized only by the inhabitants of the property, the well may be utilized for the proposed use; however, if employees or customers will be on the site, the applicant will be required to apply for a commercial well permit. In response to Chair Rademacher, Ms. Evett clarified the employees of the business already reside on the property. She stated the applicant submitted the required Waste Handling Plan, and dust abatement will not be required because the site is paved. Dawn Thurston, daughter of the applicants, represented the applicants and stated her parents purchased this property, which was a former dairy farm, in November, 1990, and moved the modular home onto the property for her grandmother to live in. She indicated the garage was converted in the year 1996, to create an office for the construction company, of which her mother handles the bookkeeping and accounting. She confirmed the construction activity takes place at the various job sites, not at this property, and the company is a frame and trim 2010-2801 PL2085 HEARING CERTIFICATION - LATIMER AND NANCY BOHLING (USR-1757) PAGE 3 company and was started in 1957. Nancy Bohling, applicant, stated they also raise cattle on the site, and it is understood that no buildings may be constructed within the floodplain. Ms. Thurston explained the portion of the property within the floodplain is a difference of seventeen feet in elevation, and there are seven oil lines in production underneath the ground. She stated the construction equipment is stored between the existing cattle pens on the site, and she requested the Board consider dismissing the requirement for additional screening on the site. Ms. Bohling confirmed the loafing sheds on the property adequately screen the equipment, therefore, no additional screening is necessary. Ms. Thurston indicated the surrounding lands are predominantly agricultural in nature, with the Miller Dairy Farm located to the north, and County Road 22.5 is actually closed past the bridge along the western portion of the property, which crosses the Platte Valley Canal. She confirmed there is not a large amount of traffic within the immediate vicinity, the cattle are the only visible things from the road, and the County does maintain County Road 22.5 up to the bridge crossing. No public testimony was offered concerning this matter. In response to Chair Rademacher, Ms. Bohling stated she was informed that employees who do not live on the property could not utilize the property, otherwise, she would be required to amend her well permit; however, if she amends the well permit to become a commercial well permit, she will not be allowed to utilize the well to provide water for the cattle on the site. Ms. Thurston clarified the business will not have outside employees on the site, and if the business expands to the point where that is required, the business will be moved to a different location. Further responding to Chair Rademacher, Ms. Thurston reiterated her request for the deletion of the screening requirements, including the screening to be provided surrounding the dumpster on the site. She clarified the dumpster will be located on the portion of the property to become a new parcel through the Recorded Exemption process. Chair Rademacher suggested the deletion of Development Standard #23, and Commissioner Garcia suggested the deletion of Condition of Approval #1.D. Ms. Martin clarified staff recommends the dumpster be located on the same lot as the USR permit, and if it is located within an area without screening, that the dumpster be screened. She confirmed the applicant has indicated the dumpster will be located on a separate lot which is not a part of the USR boundary. In response to Chair Rademacher, Ms. Martin clarified the enclosure of the dumpster helps to prevent trash from being scattered across the property. Commissioner Long suggested the applicant be required to delineate the location of the dumpster on the plat; however, the language regarding screening the dumpster could be eliminated from Condition of Approval #1.D. Commissioner Kirkmeyer explained if the dumpster is located near an existing building, the building will provide the necessary screening. Ms. Thurston indicated the dumpster is located at the edge of the cattle pens so that the trucks on the site do not track mud onto the pavement. Commissioner Long suggested the deletion of the third sentence of Condition of Approval #1.D, and the Board concurred. In response to Commissioner Kirkmeyer, Ms. Martin clarified the proposed use is similar to uses within the Commercial Zone District, which requires the screening of vehicles and equipment stored outside from adjacent properties and rights-of-way. Following discussion among the Board, Commissioner Kirkmeyer confirmed this property is well-kept and nicely landscaped, therefore, she will concur with the proposed deletion of the screening requirements for this site. In response to Chair Rademacher, the Board concurred with the deletion of Condition of Approval #3, and Development Standard #23. 2010-2801 PL2085 HEARING CERTIFICATION - LATIMER AND NANCY BOHLING (USR-1757) PAGE 4 Further responding to Chair Rademacher, Ms. Bohling indicated she has reviewed, and concurs with, the Conditions of Approval and Development Standards, as modified. Commissioner Kirkmeyer moved to approve the request of Latimer and Nancy Bohling for a Site Specific Development Plan and Use by Special Review Permit #1757 for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (construction company) 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 the third sentence of Condition of Approval #1.D, to state, "The applicant shall delineate the trash collection areas. Section 23-3-350.H of the Weld County Code addresses the issue of trash collection areas. These areas shall be designed and used in a manner which will prevent trash from being scattered by wind or animals."; the deletion of Condition of Approval #3, with the required re-numeration; and the deletion of Development Standard #23, with the required re-numeration. (Clerk's Note: Due to the Board's intent to remove references to screening, Condition of Approval #1.F was deleted, and references to screening were also removed from Criteria of Approval #2.a and re-numbered Condition of Approval #3). The motion was seconded by Commissioner Conway, and it carried unanimously. There being no further discussion, the hearing was completed at 11:10 a.m. This Certification was approved on the 13th day of December, 2010. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, CO (BRA O r ;.' (;' �'j;•I. Rademache hair Weld County Clerk to the Bo^ • t O 422 r� ,F .: ,rbara Kirkmeyer, ro-Tem BY: , A (AI� � _�°� I, ' \ , Dept Clerk the Board Sean P. n k&F. : cia David E. Long 2010-2801 PL2085 EXHIBIT INVENTORY CONTROL SHEET Case USR#1757 - LATIMER AND NANCY BOHLING 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 11/2/2010) D. Planning Staff Certification and photo of sign posting E. F. G. H. J. K. L. M. N. O. P. Q. R. S. T. U. V. W. \ \ f Q _n g \ ) 2 OO i in a \ \ Ix Pi Pi 7 v k Co o k \ z � - a m o § of / w R | / / w ° �E @ 3 < 0 cc 0 Iz z o f § § ) \ CO 7 k L § o o CO 0 z I S § ) 0IL § m2 0 co ) 6 \ / R < 00 j2 \""•• CO 2Q m Z Will ) i ) co g I 0 0 � « 6 % Q§ \ / \ � & > t o 2. - \ \ ~ § o % %o a - / . re k \ y \m LIJ k / � z > 2 ms 15 i\ } q t o 2 s 2 \ Z ° © § ' \ 2 I- O k2 ` s e cl �) 0. � # . « = .E no Zr \ N. 00 2 2 co ® 2 § k �t CO I- f ` 9 c 0 § \ k 0 2 m - 2 I y§ / \ \ r 2 III a & e 2 1010E ■ d re & r & - / � / < ddd 0 0 , a § § W § Isi 2 3 ? { ILI 000 -I § \ / Z = 0oo O. Hello