HomeMy WebLinkAbout20092713.tiffHEARING CERTIFICATION
DOCKET NO. 2009-54.A
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT
#1707 FOR A HOME BUSINESS (PARKING OF TWO SEMI -TRUCKS AND TRAILERS)
IN THE A (AGRICULTURAL) ZONE DISTRICT - JOEL MENDEZ
A public hearing was conducted on October 21, 2009, at 10:00 a.m., with the following present:
Commissioner William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway
Commissioner Barbara Kirkmeyer
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 Department representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated August 11, 2009, and duly published August 13,
2009, in the Windsor Beacon, a public hearing was conducted on September 23, 2009, to
consider the request of Joel Mendez for a Site Specific Development Plan and Use by Special
Review Permit #1707 for a Home Business (parking of two semi -trucks and trailers) in the
A (Agricultural) Zone District. At said hearing, the Board deemed it advisable to continue the
matter to October 21, 2009, in order to meet the sign posting requirement. At said hearing on
October 21, 2009, Bruce Barker, County Attorney, pursuant to an additional notice dated
September 18, 2009, and duly published September 24, 2009, in the Windsor Beacon, made
this a matter of record.
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 site is located east of County Road 31, and north of County Road 18, and
is near the Aristocrat Ranchettes Subdivision. He confirmed the applicant is proposing to park
two semi -trucks, with trailers, on the property, and there are three residences within 400 feet of
the property. He further confirmed another residence is approximately 1,700 feet west of the
site, and the applicant shares an access with the property owner to the south. He clarified the
adjacent property owner has no issues with the applicant utilizing the access with the proposed
semi -trucks, and proper authorization to share the driveway has been submitted. He indicated
an electrical line is located across County Road 31, and he gave a brief description of the uses
of the surrounding properties. He further indicated the site is located within the three-mile
referral area for the City of Fort Lupton; however, no referral response was provided by the City.
Chair Garcia indicated a letter, dated July 29, 2009, was provided by Samuel and Amber
Cardillo, surrounding property owners, containing an objection to the proposed use. In
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HEARING CERTIFICATION - JOEL MENDEZ (USR #1707)
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response to Chair Garica, Mr. Gathman clarified the applicant held additional discussions with
Mr. Cardillo, which he may address during his presentation, and he confirmed Mr. Cardillo has
not contacted him, nor was he present at the Planning Commission hearing to present
concerns. In response to Commissioner Kirkmeyer, Mr. Gathman confirmed if the applicant is
not able to provide a digital copy of the plat, as requested in Condition of Approval #3, the
applicant will still be able to record the plat.
Mr. Gathman referenced the memorandum he provided, marked Exhibit E, requesting the
addition of Condition of Approval #1.C.4 to read, "Modify '10' RESERVED FOR FUTURE ROAD
R.O.W.' to read as 'EDGE OF FUTURE ROAD R.O.W."'; and the addition of Condition of
Approval #1.C.5 to read, "Indicate a water quality feature (such as an open berm) on the plat, to
control runoff." Commissioner Conway questioned why the applicant is required to provide a
water quality feature on the site. In response, Mr. Gathman indicated a water quality feature is
a typical requirement for a USR permit, and Don Carroll, Department of Public Works, may
specifically address the requirements.
Mr. Carroll stated the access to the site is on County Road 31, which is a road maintained by
Weld County, and is treated in full -depth with magnesium chloride, when necessary. He
indicated the most recent traffic counts indicate approximately 240 vehicles, per day, utilize this
section of road, and the access to the site is shared between Lots A and B. He confirmed the
applicant has a signed agreement regarding the access, and the proposed use of the access for
semi -trucks has been adequately addressed. Mr. Carroll clarified the Department is not
requiring the applicant to construct a pond or provide stormwater calculations for the site;
however, the applicant must provide some way to contain stormwater on the site, so that it does
not flow freely to adjacent properties. He confirmed the applicant may create a low-lying area,
or install a small berm on the property. Responding to Commissioner Conway, Mr. Carroll
confirmed the requirement for stormwater retention was not at the request of the surrounding
property owner, rather it is a requirement of the Department. He confirmed the site is not
located within a floodplain area, the access to the site is adequate, and adequate sight distance
exists for County Road 31.
Lauren Light, Department of Public Health and Environment, stated the applicant may utilize the
residence on the site for sanitary facilities, and a letter from the Colorado Division of Water
Resources indicates because both employees of the business reside on the property, the
existing septic system may be utilized; however, no additional water may be utilized for the
business uses. She indicated the Department is requesting a Dust Abatement Plan, which will
include the provision for trucks driving slowly on the site, and if dust becomes an issue, the
applicant will be required to haul water to the site for dust control. She further indicated the
noise on the site is restricted to the levels allowed within the Commercial Zone District, and she
confirmed there are several other USR permits within the vicinity. She indicated the Department
does not have any outstanding concerns with the proposed use.
Joel Mendez, applicant, stated he operates a very simple business, and he drives one of the
semi -trucks, and his father drives the other semi -truck. He indicated the ability to park the
semi -trucks on his property saves him a lot of time and money. In response to Chair Garica,
Mr. Mendez indicated he had additional discussions with Mr. Cardillo, and Mr. Cardillo has
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indicated to him that there are not any personal problems, and that he appreciates that the
property is well -kept and clean. Responding to Commissioner Conway, Mr. Mendez confirmed
his father drives a truck regularly, and he personally is a reserve driver who drives a truck on
occasions when his other employees are busy, therefore, there are many times when both of
the trucks are gone from the site at the same time. In response to Commissioner Rademacher,
Mr. Mendez indicated the hours of operation, as listed within Development Standard #5, are
acceptable. Commissioner Rademacher indicated there are several hours of daylight after
6:00 p.m. in the summer months, and he questioned whether the applicant would be interested
in seeking to request the hours of operation as daylight hours. He confirmed he does not want
the applicant to be limited to hours of operations which are not accommodating. Commissioner
Kirkmeyer concurred with Commissioner Rademacher and indicated she does not want the
applicant to be found out of compliance with the Development Standards if a truck occasionally
comes back to the site after 6:00 p.m. Mr. Mendez indicated he understands the concerns
presented, and he requested that the hours of operation be modified to daylight hours, as
suggested.
No public testimony was offered concerning this matter.
In response to Chair Garcia, the Board concurred with the addition of Condition of
Approval #1.C.4, as requested. Commissioner Rademacher questioned the drainage pattern on
the site, and in response, Mr. Gathman confirmed the site naturally drains to the west and there
is pasture land between the residence and County Road 31. Responding to Commissioner
Kirkmeyer, Mr. Carroll confirmed the site does not currently contain a berm, and it is a standard
procedure to address drainage concerns on the site through the issuance of a USR permit. He
confirmed applicants are required to provide some type of control for the runoff on the property
so that it does not negatively impact surrounding properties or sheetflow into the barrow ditch
along the road. Commissioner Rademacher indicated the intensity of the proposed use does
not require a berm for this site; however, if the dirt on the property were very sandy in nature, a
berm would be required. Responding to Commissioner Rademacher, Mr. Gathman indicated
the site is mostly flat, and does not contain a natural depression. Commissioner Rademacher
indicated it is not necessary to add proposed Condition of Approval #1.C.5 to the Resolution,
since Development Standard #17 already contains language to address drainage on the site.
Mr. Carroll indicated the Department is agreeable, and he withdrew the request to add proposed
Condition of Approval #1.C.5. Following discussion between Commissioners Rademacher and
Kirkmeyer, regarding the hours of operation, the Board concurred with the deletion of
Development Standard #5.
In response to Chair Garcia, Mr. Mendez indicated he has reviewed, and concurs with, the
Conditions of Approval and Development Standards, as modified.
Commissioner Rademacher moved to approve the request of Joel Mendez for a Site Specific
Development Plan and Use by Special Review Permit #1707 for a Home Business (parking of
two semi -trucks and 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. His motion included the
addition of Condition of Approval #1.C.4 to read, "Modify '10' RESERVED FOR FUTURE ROAD
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HEARING CERTIFICATION - JOEL MENDEZ (USR #1707)
PAGE 4
R.O.W.' to read as 'EDGE OF FUTURE ROAD R.O.W."; and the deletion of Development
Standard #5, with the required re -numeration. The motion was seconded by Commissioner
Conway, and it carried unanimously. There being no further discussion, the hearing was
completed at 10:25 a.m.
This Certification was approved on the 26th day of October, 2009.
BOARD OF COUNTY COMMISSIONERS
ELD O •a.COLORADO
Weld County Clerk to the B
•
BY:
Depu Clerk • the Board
ouglas ademach> , Pro-Tem
Seen P. Conway
a Kirkmeyer
David E. Long
2009-2713
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EXHIBIT INVENTORY CONTROL SHEET
Case USR #1707 - JOEL MENDEZ
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 10/06/2009)
D. Planning Staff Certification and Photo of sign posting
E. Planning Staff Memo re: Additions to Conditions of Approval
F.
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ATTENDANCE RECORD
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