HomeMy WebLinkAbout20093041.tiffHEARING CERTIFICATION
DOCKET NO. 2009-73
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1715 FOR A HOME BUSINESS (PARKING OF TWO SEMI -TRUCKS AND
THREE TRAILERS) IN THE A (AGRICULTURAL) ZONE DISTRICT - CARLOS
CISNEROS
A public hearing was conducted on November 18, 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 - EXCUSED
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, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated October 16, 2009, and duly published
October 22, 2009, in the Windsor Beacon, a public hearing was conducted to consider the
request of Carlos Cisneros for a Site Specific Development Plan and Use by Special Review
Permit #1715 for a Home Business (parking of two semi -trucks and three trailers) in the
A (Agricultural) Zone District. Bruce Barker, County Attorney, made this a matter of record.
Chair Garcia advised Carlos Cisneros, applicant, that he has the option of continuing the matter
to a date when the full Board will be present. However, if he decides 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. Cisneros indicated he 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 use meets the intent of a Home Business, as outlined in
Section 21-1-90.R, since the use is deemed to be secondary in nature to the residence on the
site. He indicated the applicant will be required to screen the trucks and trailers by a fence or
some type of opaque material, and he confirmed the site is located within a rural residential
area. He stated the site is located within the three-mile referral area for the Town of Lochbuie,
which did not provide a response to the referral request, and no letters of concern have been
provided from surrounding property owners. He indicated the USR application was submitted to
correct the zoning violation on the site, and if the USR permit is approved, the violation will be
dismissed; however, if the USR permit is denied, the violation case will proceed accordingly
through the County Attorney's Office. He indicated the site contains an existing single-family
2009-3041
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HEARING CERTIFICATION - CARLOS CISNEROS, C/O MARI CISNEROS
(USR #1715)
PAGE 2
residence and out outbuilding, and the main access to the site is on County Road 37; there is no
access on County Road 12. He further indicated the site is entirely fenced; however, the
material is not opaque, therefore, the applicant will construct an opaque fence around the
outdoor storage area. Mr. Gathman displayed photographs of the site and the surrounding
property.
Don Carroll, Department of Public Works, stated access to the site is on County Road 37, which
is classified as a collector status road, and is in good shape. He confirmed the average daily
traffic count, taken in 2009, is 890 vehicles, with eleven percent of the traffic being trucks, and
the 85th percentile of speed is approximately 56 miles per hour. He indicated County Road 12
is a section line access, and it is not maintained by the County. He stated the applicant will be
required to control any weeds on the property, and there is currently recycled product along the
access drive, which helps to reduce the dust on the site. He clarified the site naturally drains to
the north, and since the size of the property is two acres, he does not expect any issues with
stormwater runoff, especially since the site is not located within the floodplain.
Lauren Light, Department of Public Health and Environment, stated there will be no outside
employees associated with the Home Business, and the applicant may utilize the existing septic
system. She clarified water cannot be provided for any business uses through the current well
permit, therefore, the employee is not allowed to wash the trucks on the site. She further
clarified the applicant has indicated that no fluid exchanges are completed on the trucks at the
site, and only minor repairs are completed on the site. She stated the applicant is required to
submit Dust Abatement and Waste Handling Plans, and if it becomes necessary for the
applicant to utilize water to reduce dust on the site, the water will be required to be hauled from
an outside source. She reiterated the well is not allowed to be utilized for the business uses,
and she does not expect any concerns, since there are no outside employees.
In response to Commissioner Rademacher, Mr. Carroll confirmed the site contains recycled
asphalt along the driveway, and it is sufficient enough to reduce dust on the site; however, if the
trucks are driven on other portions of the property, the potential for dust exists.
Mr. Cisneros stated his property is a good place to store the equipment, and is common for him
to need to switch between the trucks and trailers, depending on the type of job. He confirmed
he does not change the oil or replace any fluids within the trucks on the site; however, he does
complete small maintenance jobs such as replacing tires and headlights, etcetera. He indicated
he really does try to keep his property clean and orderly. Chair Garcia explained to the
applicant that he may be responsible for additional dust mitigation measures if the trucks are
driven on the site, other than on the recycled based driveway. Mr. Cisneros clarified he very
rarely drives the trucks on other portions of the property; however, if a problem arises, he could
look into the possibility of placing more recycled base in those areas. Chair Garcia indicated if
the applicant simply drives very slowly on those areas, it would help to reduce dust. He
expressed his concern regarding the neighbors potentially being negatively impacted if a large
amount of dust was generated on the site.
No public testimony was offered concerning this matter.
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HEARING CERTIFICATION - CARLOS CISNEROS, C/O MARI CISNEROS
(USR #1715)
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Mr. Cisneros indicated he is currently experiencing some financial difficulty, and he will not be
able to afford the cost of some of the required improvements for several months, therefore, he
would like to request an extension for the time allowed to record the plat. In response to Chair
Garcia, Mr. Cisneros indicated he would like to be allowed at least six months before he is
required to record the plat, since the month of May is when his business tends to get really
busy.
Commissioner Rademacher expressed his concern regarding the applicant being required to
submit a Screening Plan, since it is near impossible to effectively screen semi -trucks. In
response to Commissioner Rademacher, Mr. Gathman confirmed no complaints have been
received from surrounding property owners, and he is not sure of how the violation process was
initiated. Commissioner Kirkmeyer agreed that it is near impossible for the applicant to
effectively screen the semi -trucks with fencing; however, it would be beneficial if the applicant
were to park the trucks and trailers behind the residence, to help provide additional screening.
In response to Chair Garcia, the Board concurred with the deletion of Conditions of
Approval #1.D and #1.E.7. Commissioner Rademacher further expressed his concern
regarding the hours of operation, and indicated the restriction of daylight hours may be too
limiting within the winter months, therefore, he requested Development Standard #5 be deleted,
and the Board concurred. Chair Garcia clarified the applicant was requesting an extension of
the amount of time for the plat to be recorded because he was originally concerned about the
cost of providing screening on the site; however, the screening requirements have now been
removed, therefore, it is no longer necessary to consider the extension request.
In response to Chair Garcia, Mr. Cisneros indicated he has reviewed, and concurs with, the
Conditions of Approval and Development Standards, as modified.
Commissioner Kirkmeyer indicated she would like the record to be clear that the screening
requirements were deleted from the Resolution, which is why the Board did not approve the
applicant's request for an extension of time in which to record the plat. Commissioner
Rademacher expressed his concern that the applicant may not realize what it means that the
hours of operation were deleted as well. At the Board's request, Mari Cisneros represented the
applicant, and interpreted the statements made by Commissioners Kirkmeyer and Rademacher
for Mr. Cisneros. Ms. Cisneros questioned whether Mr. Cisneros will be required to place
additional recycled materials on the driveway, and in response, Chair Garcia clarified if the dust
originating on the site does not present an issue, no additional requirements are necessary. He
further clarified the applicant may choose to mitigate the dust by driving slowly on the site;
however, if a large amount of dust is generated by the trucks, the applicant may be required to
haul water to the site in order to wet down the dirt. In response to Commissioner Rademacher,
Ms. Light confirmed the applicant may also choose to utilize pea gravel or another material to
help reduce dust on the site. Commissioner Kirkmeyer indicated she is not concerned
regarding the amount of dust generated on the site; however, the applicant must understand
that if any activity on the site causes a large amount of dust to be created, the activity must be
stopped. Ms. Cisneros translated the comments to Mr. Cisneros and he indicated he
understood. Commissioner Kirkmeyer further requested clarification that the applicant
understands that the hours of operation were removed, and upon explanation by Ms. Cisneros,
Mr. Cisneros expressed his appreciation to the Board for the flexibility of the hours of operation.
2009-3041
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HEARING CERTIFICATION - CARLOS CISNEROS, C/O MARI CISNEROS
(USR #1715)
PAGE 4
Commissioner Kirkmeyer moved to approve the request of Carlos Cisneros for a Site Specific
Development Plan and Use by Special Review Permit #1715 for a Home Business (parking of
two semi -trucks and three 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 Condition of Approval #1.D, with the required re -lettering; the deletion of Condition of
Approval #1.E.7; 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 12:00 p.m.
This Certification was approved on the 23rd day of November, 2009.
ATTEST: ,4r
Weld County Clerk to the Board. 1'
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BY�� fL(tC t 1 L 1 G�
BOARD OF COU Y COMMISSIONERS
ELD OIJ�T 2 DO
! C
iam F. Garcia, Chair
CIS ` laclAretaANar
oug =s Rademaer, Pro-Tem
Dety Clerito the Board \ EXCUSED DATE OF APPROVAL
Sea j P. Conway
Barbara Kirkmeyer
EXCUSED
David E. Long
2009-3041
PL2033
EXHIBIT INVENTORY CONTROL SHEET
Case USR #1715 - CARLOS CISNEROS
Exhibit Submitted By Description
A. Planning Staff Inventory of Items Submitted
Planning Commission Resolution of Recommendation
Planning Commission Summary of Hearing (Minutes dated 11/03/2009)
D. Planning Staff Certification and Photo of sign posting
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 18TH DAY OF NOVEMBER, 2009:
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