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Home My WebLink About20101299.tiff HEARING CERTIFICATION DOCKET NO. 2010-18 RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1737 FOR A BUSINESS PERMITTED AS A USE BY RIGHT OR ACCESSORY USE IN THE COMMERCIAL ZONE DISTRICT (STORAGE OF COMMERCIAL EQUIPMENT AND VEHICLES, FABRICATION, AUTO STORAGE AND REPAIR) AND AGRICULTURAL SERVICE ESTABLISHMENTS PRIMARILY ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY OR HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS, INCLUDING: FARM EQUIPMENT SALES, REPAIR AND INSTALLATION FACILITIES, AND ONE (1) SINGLE FAMILY DWELLING UNIT PER LOT OTHER THAN THOSE PERMITTED UNDER SECTION 23-3-20.A OF THE WELD COUNTY CODE, IN THE A (AGRICULTURAL) ZONE DISTRICT—TROY AND JUDY HEFNER A public hearing was conducted on June 16, 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 Commissioner David E. Long Also present: Acting Clerk to the Board, Esther E. Gesick Assistant County Attorney, Cyndy Giauque 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 May 18, 2010, and duly published May 20, 2010, in the Windsor Beacon, a public hearing was conducted to consider the request of Troy and Judy Hefner, for a Site Specific Development Plan and Use by Special Review (USR) Permit#1737 for a Business Permitted as a Use by Right or Accessory Use in the Commercial Zone District (storage of commercial equipment and vehicles, fabrication, auto storage and repair) and Agricultural Service Establishments primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis, including: farm equipment sales, repair and installation facilities, and one (1) single family dwelling unit per lot other than those permitted under Section 23-3-20.A of the Weld County Code, in the A (Agricultural) Zone District. Cyndy Giauque, Assistant County Attorney, made this a matter of record. Michelle Martin, Department of Planning Services, presented a brief summary of the proposal, entered the favorable recommendation of the Planning Commission into the record as written, and indicated the site is located north of and adjacent to County Road 6, and approximately one-quarter mile east of Interstate 25. She stated the property is currently in violation of the Weld County Code (ZCV0900114) for operation of a commercial business and commercial storage without an approved and recorded USR permit. She further stated, if this application is (✓� . CVA PL, NL, NN 2010-1299 l i l PL2065 HEARING CERTIFICATION -TROY AND JUDY HEFNER (USR-1737) PAGE 2 approved, the Violation case will be closed; however, if the request is denied, staff will recommend the matter be referred to the County Attorney, with instruction to delay action for thirty (30) days in order to allow adequate time for the applicant to remove one of the homes and the commercial business and storage components. Ms. Martin stated the property to the west is part of the Althen Boyer Subdivision, zoned C-3 (Business Commercial); the properties to the north, south, and east are within the City/County of Broomfield, and the site is also within the three-mile referral areas of the Cities of Dacono and Northglenn, the Towns of Frederick and Erie, and Adams County. She stated 28 referral agencies reviewed the proposal, eight responded favorably or provided comments which have been addressed in the Conditions of Approval and Development Standards, and thirteen agencies did not respond. Ms. Martin displayed photographs of the site and surrounding area, and confirmed the applicants currently have one employee working at the site. In response to Commissioners Conway and Kirkmeyer, Ms. Martin reiterated the adjacent property is in the Althen Boyer Subdivision, zoned C-3, and is owned by the applicant. Responding further to Commissioner Kirkmeyer, Ms. Martin stated she is unfamiliar with what prompted the Violation. Heidi Hansen, Department of Public Works, stated the applicant will be required to place gravel on the site to will mitigate dust, and there is an existing low point on the property; therefore, staff is not requiring additional water quality features. Lauren Light, Department of Public Health and Environment, stated the site will receive water and sewer service from the Central Weld County Water District and a permitted septic system; however, if the restrooms in the residence are used as part of the business, the septic system will require an Engineer's evaluation. She stated the main building will be used for the business and the applicants are planning to construct restrooms, which will require a new designed septic system, prior to operation. She further stated the applicants have submitted a Dust Abatement Plan and a Waste Handling Plan, which have been reviewed and approved by staff, therefore, she recommended Conditions of Approval #2 and #4 be deleted. Judy and Troy Hefner, applicants, were present to answer questions. Ms. Hefner stated the property has been used as a horse property for many years, and they purchased the site several years ago. She stated the large building currently houses a commercial landscaping business and equipment storage, and the employees return to the site in the evening. She further stated the business operator also stores equipment and trucks along the west side of the building; however, there is minimal visibility from the road, and there is also a horse property and caretakers quarters on the site. In response to Chair Rademacher, Ms. Martin stated the Screening Plan will need to address the outdoor storage area, which is approximately 8.75 acres. In response to Commissioner Kirkmeyer, Ms. Hefner stated they purchased the property through a Public Trustee foreclosure and the two homes were in existence, being constructed in 1972 and 1989. Responding to Chair Rademacher, Ms. Hefner confirmed they do not reside on the property and the structures are rented. No public testimony was offered concerning this matter. Chair Rademacher confirmed the deletion of Conditions of Approval #2 and #4, and the Board concurred. In response to Chair Rademacher, Ms. Hefner stated the application materials required specified hours of operation, and she stated the activities occur primarily during daylight hours. Ms. Martin confirmed that is a standard question and the hours listed in Development Standard #3 were provided by the 2010-1299 PL2065 HEARING CERTIFICATION -TROY AND JUDY HEFNER (USR-1737) PAGE 3 applicants. Chair Rademacher indicated he would prefer to delete Development Standard #3, and the Board concurred. In response to Chair Rademacher, Mr. Hefner requested Development Standard #4 be modified to allow up to eight (8) employees. In response to Commissioner Kirkmeyer, Ms. Light confirmed the applicants will be required to design or repair the septic system to accommodate the increased number or employees; however, acknowledging the potential for more employees now will prevent the need for an amendment to the permit in the future should the business operations require employees. In response to Ms. Hefner, Ms. Martin explained once the Screening Plan is drafted the applicants will be required to enter into an Improvements Agreement and they will have the option of completing the necessary improvements, or posting collateral to ensure the work will be done at a later date. In response to Chair Rademacher, Ms. Hefner stated she has reviewed, and concurs with, the Conditions of Approval and Development Standards, as proposed and modified. Commissioner Garcia moved to approve the request of Troy and Judy Hefner for a Site Specific Development Plan and Use by Special Review Permit #1737 for A Site Specific Development Plan and Use by Special Review Permit#1737 for a Business Permitted as a Use by Right or Accessory Use in the Commercial Zone District (storage of commercial equipment and vehicles, fabrication, auto storage and repair) and Agricultural Service Establishments primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis, including: farm equipment sales, repair and installation facilities, and one (1) single family dwelling unit per lot other than those permitted under Section 23-3-20.A of the Weld County Code, 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 deleting Conditions of Approval #2 and #4, and Development Standard #3, and modifying Development Standard #4 to increase the maximum number of employees from five to eight. The motion was seconded by Commissioner Conway, and it carried unanimously. There being no further discussion, the hearing was completed at 10:30 a.m. 2010-1299 PL2065 HEARING CERTIFICATION -TROY AND JUDY HEFNER (USR-1737) PAGE 4 This Certification was approved on the 21st day of June, 2010. BOARD OF COUNTY COMMISSIONERS ELD COU LORADO - IE 1 ATTEST: �� r Q� i y f �r+.ugla'S ademac r, Chair Weld County Clerk to the -.:Wt9 -# t _ _ CUSED DATE OF APPROVAL _y��J�j arbara Kirkmeyer, Pro-Tern BY. ffl` Dep t)Clerk '"'he Board ( --- P. �- Sean P. Co y C m F. Garcia Qom.i g. David E. Long 2010-1299 PL2065 EXHIBIT INVENTORY CONTROL SHEET Case USR-1737 — TROY AND JUDY HEFNER 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 06/01/2010) Memo re: Fire Protection requirements, dated D. Applicant 06/03/2010 E. Planning Staff Certification and Photo of sign posting F. G. H. J. K. L. M. N. O. P. Q. R. S. T. U. V. W. d ---,, \ : / \ \» 0 o m 2 \ ,z) ■ I- C a 7 \a � � Lu in 6 l ,:::Ali a w $ 0 co ' \® C.) N _ / Q z & o © 2 § ) to-0 & Z ° � ( _ % w u. 2 k m ® \ t3 e 44 < E $ a ) tre S § # � Y \ w @ z c 2 ) ®a ® O Ill / = « » al - k < j3 3 / \ � O ° { § I < � f 3 4,)a >— ± » O XX < « WO C o F- I- A * 2 m 011 4-. ?3 -71's- (9,:i 000 .O t * * fTh i — Z W ■ m ± a 2 Y < 000 § z \ %\ ~ _ 000 a Hello