HomeMy WebLinkAbout20093417.tiffHEARING CERTIFICATION
DOCKET NO. 2009-79
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT
#1718 FOR A HOME BUSINESS (TRUCK AND EQUIPMENT PARKING) IN THE
A (AGRICULTURAL) ZONE DISTRICT - HELIBERTO AND TERESA PEREZ
A public hearing was conducted on December 30, 2009, at 10:00 a.m., with the following
present:
Commissioner William F. Garcia, Chair - EXCUSED
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, Kim Ogle
Health Department representative, Mary Cavnah
Public Works representative, Heidi Hansen
The following business was transacted:
I hereby certify that pursuant to a notice dated November 17, 2009, and duly published
November 19, 2009, in the Windsor Beacon, a public hearing was conducted to consider the
request of Heliberto and Teresa Perez for a Site Specific Development Plan and Use by Special
Review Permit #1718 for a Home Business (truck and equipment parking) in the A (Agricultural)
Zone District. Bruce Barker, County Attorney, made this a matter of record. Chair Pro-Tem
Rademacher advised the applicant, Teresa Perez, that she has the option to continue the
matter to a date when the full Board will be present. However, if she decides to proceed today,
the matter will require three affirmative votes, or in the case of a tie vote, Chair Garcia will listen
to the record and make the determining vote. Ms. Perez consulted with her husband, Heliberto
Perez, and indicated she would like to postpone the matter to a later date.
In response to Commissioner Kirkmeyer, Kim Ogle, Department of Planning Services indicated
there are 27 surrounding property owners within 500 feet of the site; however, no concerns have
been presented for the record. Chair Pro-Tem Rademacher indicated it is ultimately the
decision of the applicant whether or not the case will be continued to a later date; however, he
does not see any source of contention within the application materials, and it would be prudent
for the applicants to proceed with the hearing today, since they are already in attendance.
Following discussion between the applicants, Ms. Perez indicated she would instead like to
proceed with the hearing today.
Kim Ogle, 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 property is located north of Higgins Avenue, and 200 feet east of Henry Street,
within the Aristocrat Ranchettes Subdivision. He stated Higgins Avenue is an existing gravel
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road, maintained by the County, and the internal drive to the site is also graveled and graded.
He indicated the site currently contains a single-family residence, a garage, and the parking
area for the vehicles is proposed to be screened. He stated the site is located within the three-
mile referral area for the City of Fort Lupton, and no referral response was received from the
City of Fort Lupton. Mr. Ogle confirmed reiterated there are 27 surrounding property owners
within 500 feet of the site, and no letters or telephone calls of concern have been received by
staff. He stated twelve referral agencies reviewed the application materials, and five provided
comments which have been addressed within the Conditions of Approval and Development
Standards. He displayed photographs of the site and the surrounding area.
Heidi Hansen, Department of Public Works, stated Higgins Avenue is a local gravel road
containing 60 feet of right-of-way. She confirmed the applicants will utilize the existing access,
and the driveway and parking area are surfaced with gravel, and are adequately graded. She
indicated the applicant will be required to provide a water quality feature; however, the site is not
located within the floodplain. In response to Chair Pro-Tem Rademacher, Ms. Hansen indicated
a water quality feature is a standard requirement for uses containing commercial vehicles, and
the applicant may designate a grassy area or depression area within the site which will collect
runoff.
Mary Cavnah, Department of Public Health and Environment, stated the residence contains a
permitted septic system, and the restroom within the residence will be available for use. She
confirmed the business does not have any outside employees, therefore, a review of the system
will not be necessary. She indicate water is provided to the site by the Aristocrat Ranchettes
Water Project, and the applicant will be required to submit Dust Abatement and Waste Handling
Plans. She clarified the facility shall adhere to the maximum noise levels allowed within the
Commercial Zone District, which is addressed within Development Standard #10. Responding
to Commissioner Conway, Ms. Cavnah confirmed the Dust Abatement Plan may be minimal,
and the applicant may choose to control dust on the site by driving slowly with the equipment, or
applying water as necessary.
Ms. Perez stated they are seeking to obtain the necessary permit for their existing business.
She clarified her husband's business, which serves the oil and gas industry, contains two trucks,
which are parked in the garage, two trailers, a trencher, and a backhoe. In response to Chair
Pro-Tem Rademacher, Ms. Perez confirmed the equipment is parked overnight on the site, next
to the residence, and the business consists of her husband, his brother, and one other
employee. Chair Pro-Tem Rademacher indicated the Development Standards do not indicate
whether outside employees are allowed or not. Ms. Cavnah clarified the septic system is sized
for use by up to eight people. Ms. Perez confirmed there are five people living in the residence,
and the other employee does not utilize the restroom in the facility. She further clarified several
pieces of the equipment have been parked on the site for a long period of time since there has
not been any work lately. She clarified her husband's brother lives in the residence as well,
therefore, there is only one outside employee. Responding to Chair Pro-Tem Rademacher,
Ms. Perez indicated the need for additional employees in the future will depend on the amount
of work secured by the company. Chair Pro-Tem Rademacher clarified to Ms. Perez that the
expansion of the number of employees may trigger other necessary regulations; however, if the
company desires to expand in the near future, the issue may be addressed within today's
hearing so that a future amendment to the permit is not necessary. Ms. Perez confirmed the
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company currently has two trucks, but only operates one truck. She indicated it may be
possible to utilize another crew of three employees in the future.
No public testimony was offered concerning this matter.
In response to Chair Pro -Tern Rademacher, Mr. Ogle confirmed the applicant will install an
opaque fence surrounding the outdoor parking/storage area, and the application materials
indicate the area is approximately 12 feet by 12 feet. Commissioner Kirkmeyer clarified the
applicant may also utilize landscaping material, and Mr. Ogle confirmed. Chair Pro-Tem
Rademacher and Commissioner Conway both expressed concerns regarding requiring the
applicant to provide screening, since it will be impossible to completely screen the large pieces
of equipment. Commissioner Kirkmeyer confirmed a fence around the outdoor storage area will
block most of the view for surrounding property owners, and screening is necessary because
this property is located within a residential area. Mr. Ogle clarified the applicant will provide a
Screening Plan, which will be reviewed and approved by the Department.
Chair Pro-Tem Rademacher indicated it might be more appropriate for the hours of operation to
be listed as daylight hours, so that the applicant is allowed to leave with trucks earlier during the
summer months; however, the applicant could be negatively affected within the winter months
since it gets dark at an early hour. Responding to Chair Pro -Tern Rademacher, Ms. Perez
consulted with Mr. Perez and indicated the hours of operation, as currently written from 7:00
a.m., to 7:00 p.m., are adequate, and no modification is necessary.
Mr. Ogle clarified Development Standard #13 contains a typo, and should be modified to reflect
a permit number of 364 in the place of 634. The Board concurred with the modification.
Following discussion among the Board, Commissioner Kirkmeyer suggested that a specific
number of allowed employees not be added to the Resolution. She confirmed if the applicant
significantly modifies the use of the site or expands the business, the permit will need to be
amended. In response to Commissioner Conway, Ms. Cavnah confirmed the applicant will be
required to check with the Water Project to ensure water restrictions will not limit any potential
expansion of the business.
Commissioner Kirkmeyer clarified Development Standard #13 indicates that no washing of
vehicles will be allowed; however, Condition of Approval #1.C addressed the requirements for a
vehicle washing area located on the site. She indicated if vehicle washing is truly not allowed
by Aristocrat Ranchettes, then the Condition should be deleted. The Board concurred with the
deletion of Condition of Approval #1.C, with the required re -lettering. Ms. Perez confirmed none
of the equipment is washed on the site, therefore, there are no concerns.
In response to Chair Pro-Tem Rademacher, Ms. Perez indicated she has reviewed, and
concurs with, the Conditions of Approval and Development Standards, as modified. In response
to Commissioner Conway, Ms. Perez indicated she, and her husband, understand that the
screening requirement may be satisfied by utilizing proper trees or shrubbery, or a fence may be
built.
Commissioner Kirkmeyer moved to approve the request of Heliberto and Teresa Perez for a
Site Specific Development Plan and Use by Special Review Permit #1718 for a Home Business
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(truck and equipment parking) 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.C, with the required re -lettering, and the modification of
Development Standard #13, to reflect permit number 364. 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.
This Certification was approved on the 4th day of January, 2010.
ATTEST: ��" Cr—
Weld County Clerk to the Boar
BY'., ( (.0[1/4'/0
Depot Clerk to the Board
P
OARD OF COUNTY COMMISSIONERS
LD COUNTY, COLORADO
cher, Ch
ara Kirkmeyer, Prq-Tem
Sean P. Conway
EXCUSED
Wiltf3m F. Garcia
David Long I ,
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EXHIBIT INVENTORY CONTROL SHEET
Case USR-1718 — HELIBERTO AND TERESA PEREZ
Exhibit Submitted By Description
A. Planning Staff Inventory of Items Submitted
Planning Commission Resolution of Recommendation
Planning Commission Summary of Hearing (Minutes dated 12/01/2009)
Planning Staff E-mail from EnCana, dated 12/15/2009
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 30TH DAY OF DECEMBER, 2009:
DOCKET #2009-79 - Heliberto and Teresa Perez
PLEASE legibly write or print your name and complete address.
ADDRESS
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