HomeMy WebLinkAbout20090753.tiffHEARING CERTIFICATION
DOCKET NO. 2009-23
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT
#1688 FOR A HOME BUSINSS (CONCRETE REPAIR/SERVICES) IN THE
A (AGRICULTURAL) ZONE DISTRICT - JOSE JAUREGUI, C/O ABRAHAM JAUREGUI
A public hearing was conducted on April 8, 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, Jacqueline Hatch
Health Department representative, David Snyder
Public Works representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated February 27, 2009, and duly published March 6,
2009, in the Greeley Tribune, a public hearing was conducted to consider the request of Jose
Jauregui, c/o Abraham Jauregui, for a Site Specific Development Plan and Use by Special
Review Permit #1688 for a Home Business (concrete repair/services) in the A (Agricultural)
Zone District. Bruce Barker, County Attorney, made this a matter of record.
Jacqueline Hatch, 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 one -quarter mile east of County Road 31, and one-half
mile south of County Road 18, and is approximately one acre in size. She briefly described the
nine other USR permits approved within the subdivision, and indicated the site contains a
single-family residence and two existing sheds, and the applicant intends to construct an
additional shed to be utilized to store concrete materials. She indicated the hours of operation
for the Home Business will be from 7:00 a.m., to 6:00 p.m., and the concrete business is
operated by family members living within the residence. She stated the site is located within
the three-mile referral area for the City of Fort Lupton, which has indicated it has no conflicts
regarding the request. She confirmed the use is compatible with surrounding property owners,
and clarified all materials to be stored will be stored inside buildings, and the actual concrete
work is performed off the site. She indicated eleven referral agencies reviewed the application
materials, and three provided comments which have been addressed through the Conditions of
Approval and Development Standards. Ms. Hatch displayed photographs of the site and the
surrounding area, and in response to Chair Garcia, she indicated the applicant has been
working with Kerr-McGee regarding the natural gas pipeline easements, and an agreement has
been reached.
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David Snyder, Department of Public Works, stated the site is adjacent to Harold Street and
Mary Avenue, which are both local gravel roads, the applicant will utilize the existing access,
and no parking or staging of vehicles will be allowed on County Roads. He indicated the
historical drainage patterns on the site are sufficient, and the Department has no outstanding
concerns.
Lauren Light, Department of Public Health and Environment, stated water is provided to the site
by the Aristocrat Ranchettes Water Project, which has provided a letter, indicating no concerns
with the proposed use. She further stated the site contains an existing septic system, which is
adequately sized for use by ten persons, therefore, the applicant does not need any additional
evaluation unless the number of ten is exceeded. She confirmed the Waste Handling Plan and
the Dust Abatement Plan have been submitted to, and approved by, the Department, and the
applicant has indicated vehicles will not be washed on the site, therefore, the Department has
no outstanding concerns regarding the application materials.
Abraham Jauregui represented the applicant and stated the concrete business mainly provides
patching work, and also utilizes a specific formula to create colored concrete. He further stated
the company does do a small amount of aggregate work as well. He clarified the business is
run by his father and himself, as well as his future father-in-law, who does not live within the
residence on -site, and he questioned if utilizing his future father-in-law will create any conflicts
concerning the approval of the permit. Responding to Chair Garcia, Ms. Hatch indicated a
maximum number of employees for the business was not specified within the Resolution, since
the Home Business is principally operated by the residents within the home. In response to
Commissioner Conway, Mr. Jauregui confirmed none of the concrete work is conducted on the
site; the site is only utilized for the storage of materials. Responding to Commissioners Long
and Conway, Ms. Hatch confirmed if business operations were to expand, creating a need for
more employees, the business would not fit the definition of a "Home Business." Commissioner
Kirkmeyer clarified the USR permit would be required to be amended if the site were to be
utilized as a commercial business location. Ms. Hatch confirmed and clarified the designation of
a Home Business is for employees who are the principal dwellers on the site. She confirmed
staff does not have any objections to the one additional employee, since there are no operations
on the site; however, if more employees become necessary, the applicant would be required to
amend the USR permit.
Responding to Commissioner Rademacher, Mr. Jauregui indicated the hours of operation listed
are administrative hours, during which he answers calls and completes office/clerical work.
Chair Garcia indicated concrete operations may extend past 6:00 p.m., in the summer months,
and he does not want the applicant to be limited to hours of operation which are not conducive.
Commissioner Kirkmeyer suggested amending the hours of operation to daylight hours, and
following discussion among the Board members, Commissioner Rademacher indicated limited
hours of operation are not necessary since none of the concrete work is completed on the site.
Responding to Chair Garcia, Mr. Jauregui confirmed customers do not come to the home office.
No public testimony was offered concerning this matter.
In response to Chair Garcia, the Board concurred with the deletion of Development
Standard #3, regarding the hours of operation, with the required re -numeration. Commissioner
Conway indicated the deletion of the hours of operation do not give the applicant the free reign
to work during overnight hours, and the Board is simply hoping to provide a little flexibility for the
applicant's business. He further indicated the applicant needs to continue to be a respectful
neighbor, and apply common sense in his business practices. Responding to Commissioner
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Rademacher, Ms. Hatch confirmed the applicant has completed the screening requirements on
the site. Commissioner Kirkmeyer read Condition of Approval #1.D into the record, which she
believes is not necessary since there are no oil and gas operations located on the site and the
applicant has secured an easement agreement for the natural gas lines. She clarified the
property owner should not be required to mitigate the concerns of an oil and gas company if the
company does not even own any mineral rights on the property. She further clarified many of
the referral responses provided by Kerr-McGee tend to include comments which seek more
power regarding surface rights than is necessary. She indicated the company's rights are
covered through the easement agreement, and the subdivision already has defined rules and
regulations in order to accommodate the safety of the residents within the subdivision. She
expressed her desire for Condition of Approval #1.D to be deleted, and Commissioners
Rademacher and Conway concurred. In response to Chair Garcia, Mr. Barker concurred the
language does not pertain to this site, therefore, it is acceptable to delete Condition of Approval
#1.D. The Board concurred with the deletion of Condition of Approval #1.D. Ms. Hatch
reiterated the applicant has been diligent in working with the oil and gas company, and staff's
concerns have been adequately addressed.
In response to Chair Garcia, Mr. Jauregui indicated he has reviewed, and concurs with, the
Conditions of Approval and Development Standards, as modified. Commissioner Kirkmeyer
questioned whether Development Standard #19 was necessary, especially since the applicant
has entered into an easement agreement. Mr. Barker clarified the language is standard
language which is placed in the Resolution for all USR permits, and it is not necessarily
applicable for this site; however, the language is added to address the need to notify the
applicant of the obligation. Following lengthy discussion between Commissioner Kirkmeyer and
Mr. Barker, the Board concurred with the deletion of Development Standard #19, with the
required re -numeration. Chair Garcia provided a brief explanation to Mr. Jauregui, and in
response, he indicated he concurs with the deletion.
Commissioner Kirkmeyer moved to approve the request of Jose Jauregui, c/o Abraham
Jauregui, for a Site Specific Development Plan and Use by Special Review Permit #1688 for a
Home Business (concrete repair/services) 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, and modified. Her motion
included the deletion of Condition of Approval #1.D, and the deletion of Development
Standards #3 and #19, 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 10:30 a.m.
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HEARING CERTIFICATION - JOSE JAUREGUI, C/O ABRAHAM JAUREGUI
(USR #1688)
PAGE 4
This Certification was approved on the 13th day of April, 2009.
ATTEST:
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Weld County Clerk to the B
BY:
Deputy Cle
APPRO
o the Boa
my ttorney
David E. Long
BOARD OF COUNTY COMMISSIONERS
WELD •UNT OLORADO
i
illiam F. Garcia, Chair
ri uglas"ademach= , Pro -Tern
✓ Sean P. Conway
b.,a Kir eyer
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EXHIBIT INVENTORY CONTROL SHEET
Case USR #1688 - JOSE JAUREGUI, C/O ABRAHAM JAUREGUI
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 March 17, 2009)
Kerr-McGee Gathering,
D. LLC Letter of Concern, dated 03/16/2009
E. Planning Staff Certificate and photo of sign posting
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 8TH DAY OF APRIL, 2009:
DOCKET #2009-23 - JOSE JAUREGUI, C/O ABRAHAM JAUREGUI
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