HomeMy WebLinkAbout20083234.tiff HEARING CERTIFICATION
DOCKET NO. 2008-88
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1659
FOR ONE (1) SINGLE-FAMILY DWELLING UNIT, OTHER THAN THOSE PERMITTED
UNDER SECTION 23-3-20.A OF THE WELD COUNTY CODE(SEC.23-3-40.L),AND ANY
USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL
REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (SEC. 23-3-40.R)
(TANK REPAIR, AGRICULTURAL MILLWORK, AND A SECOND SINGLE FAMILY
DWELLING UNIT) IN THE A(AGRICULTURAL) ZONE DISTRICT- DEROY AND CATHY
TURLEY
A public hearing was conducted on November 19, 2008, at 10:00 a.m., with the following present:
Commissioner William H. Jerke, Chair
Commissioner Robert D. Masden, Pro-Tem
Commissioner William F. Garcia
Commissioner David E. Long - EXCUSED
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
Assistant County Attorney, Cyndy Giauque
Planning Department representative, Kim Ogle
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 17, 2008, and duly published October 24,
2008, in the Greeley Tribune, a public hearing was conducted to consider the request of DeRoy
and Cathy Turley for a Site Specific Development Plan and Use by Special Review Permit#1659
for one(1)Single-Family Dwelling Unit, other than those permitted under Section 23-3-20.A of the
Weld County Code (Sec. 23-3-40.L), and any Use Permitted as a Use by Right, Accessory Use,
or Use by Special Review in the Commercial or Industrial Zone Districts (Sec. 23-3-40.R) (tank
repair, agricultural millwork, and a second single family dwelling unit) in the A(Agricultural) Zone
District. Cyndy Giauque, Assistant County Attorney, made this a matter of record. Chair Jerke
advised the applicant, Cathy Turley,that she has the option of continuing 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, Commissioner Long will listen to the record and
make the determining vote. Ms. Turley indicated she would like to proceed 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 site is located south of County Road 68, and east of County Road 79.75, and is not
within the three-mile referral area for any municipality. He stated the site contains the headquarters
for DJC ENTS, Inc., a company which purchases and resells used storage tanks, as well as an
agricultural millwright business, providing maintenance, repair, and construction of grain bins,
augers, conveyors, etcetera. He further stated a second single-family residence on the site is
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requested within the application materials. He indicated the hours of operation for the business are
from 7:00 a.m., to 5:00 p.m., Monday through Friday, and the site will contain no more than five
employees. He stated the site currently contains additional structures,and the proposed additional
buildings will be built with a similar appearance. Mr. Ogle stated water to the site is provided by
a domestic well, a septic system handles the effluent flow, and the lighting for the site is provided
by mounted overhead lights which are shielded. He gave a brief description of the uses of the
surrounding properties, and indicated there are five properties within 500 feet of this parcel. He
stated eight referral agencies reviewed the application, and five provided comments which have
been addressed within the Conditions of Approval and Development Standards. He further stated
two letters of support have been received from surrounding property owners, and no objections
have been made known. Mr. Ogle displayed photographs of the site and indicated the mobile
home on the site is currently permitted as an Accessory to the Farm; however, it is no longer
allowed to be classified as such due to the reduced number of animal units on the site. In response
to Commissioner Masden, Mr. Ogle confirmed the property is 40 acres in size; however, the USR
boundary only contains five acres. In response to Chair Jerke, Mr. Ogle indicated the Turley's
daughter, who works for the business on the site, resides in the mobile home.
Don Carroll, Department of Public Works, stated the site is located approximately ten miles east
of Lucerne, and County Roads 68 and 79.75 are both local gravel roads which are maintained by
the County. He indicated the most recent traffic counts in the area indicate 97 vehicles within a
72-hour period, an access exists for both residences on the property, and adequate parking and
storage space exists for the equipment on the site. He indicated the proposed berm on the site will
capture stormwater runoff from the storage area and the corrals on the site, and he confirmed the
site is not located within the floodplain. In response to Chair Jerke, Mr. Carroll indicated the various
County Roads within close proximity of the site, and confirmed County Roads 79.75 and 79.25 are
maintained by the County; however, County Road 81 is not. Responding to Commissioner
Masden, Mr. Carroll indicated the property drains to the southwest, and the applicant will be
required to capture and retain all runoff on the site so that it does not drain to adjacent properties.
Further responding to Commissioner Masden, Mr. Carroll indicated the applicant will be required
to provide adequate road base for the storage areas, and he is not sure of the surface substance
within the corrals. In response to Commissioner Rademacher, Mr. Carroll indicated the text
contained within Development Standard #24 is standard text regarding Best Management
Practices.
Lauren Light, Department of Public Health and Environment, stated employees will occasionally
be on the site, therefore, the Department is requiring that a permanent water source and sanitary
facilities be provided. She indicated the existing well on the site is permitted to serve both
residences; however, the well is not permitted for commercial uses, therefore, the business may
not utilize the well water. She further indicated there are two septic systems located on the site;
the mobile home septic system was permitted in 1996, and the main residence is connected to a
septic system which was constructed in 1973 by previous owners of the property; however, the
system never received final approval. She indicated the applicant will need to provide a Statement
of Existing for the septic system, which is addressed within Condition of Approval #1.E. Ms. Light
indicated the applicant has requested to utilize portable toilets and bottled water for the employees,
therefore, if the Board approves the request,the applicant will not be required to apply for a change
of use for the well permit to commercial; however, the applicant will still be required to provide a
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Statement of Existing for the septic permit which serves the main residence. She clarified since
the applicants were not the owners of the property when the septic system was installed, the
system will not be required to be upgraded if it is not in failure. She stated a Dust Abatement Plan
will be required for the on-site dust created by vehicles, as well as a Waste Handling Plan. She
further stated if oil changes are completed on the property, the applicants will be required to
provide the name of the designated company which receives the recycled oil. Chair Jerke clarified
Development Standard #25 contains an error, and actually needs to reflect County Road 79.75.
Ms. Turley stated the business has operated since 1984, the violation was initiated by staff, and
no neighbors have provided complaints. She indicated her family did not know they were not
following the proper permitting process, and several years ago, the County recommended that the
additional mobile home on the property, her daughter's residence, be permitted as an Accessory
to the Farm. She confirmed her daughter is an employee of the business, and the daughter also
tends to the property and the animals when she and her husband are traveling for business
matters. She indicated the mobile home contains a separate septic system, and the new main
residence was constructed in compliance with Weld County regulations. Ms.Turley indicated she
has met with Mr. Carroll to discuss drainage issues on the site, and she clarified the runoff flows
naturally across the site. She stated she has worked in conjunction with a surrounding property
owner regarding drainage concerns,the owner modified their driveway,and culverts were installed
to help control the drainage coming onto her property. She indicated the storage area for the
trailers and parking on the site will be surfaced with gravel; however, the tank yard will not be
graveled, due to the natural flow within that area. She clarified the employees consist of her
husband, her daughter, and herself, and two millwright employees which are typically out at job
sites, and not working at the property. She further clarified only one of the millwright employees
comes to the site occasionally to pick up parts, do inventory,or to utilize the office to complete work
orders, therefore, the millwright employee typically only comes to the site once per week.
Ms. Turley indicated a portable toilet and bottled water are provided for the employees, and since
the employees are not on the site very often, she does not believe it is necessary to obtain a
commercial well permit. She stated the property is kept in clean condition, a windbreak fence has
been installed,which helps with screening, and it is her desire to provide more landscaping on the
site. She indicated the previous owner of the property obtained a septic permit in 1973; however,
the system was upgraded when the previous mobile home was replaced with the current
permanent residence. She confirmed landscaping has been completed within the area surrounding
the septic system, and she prefers to not remove the existing landscaping in order to locate the
tank. She expressed her concerns about having to pump the septic system, and it does not seem
fair to require her to complete extra work now when the system was not property permitted before
she even owned the property. She reiterated no more than two additional employees will come to
the site at any given time, and she indicated friends visit their home on a more frequent basis,
therefore, the requirements seem to be a bit excessive.
No public testimony was offered concerning this matter.
In response to Chair Jerke, Ms. Light indicated Condition of Approval #1.E contains the
requirements for the septic system, and she clarified a receipt from a licensed pumper will provide
the information necessary regarding the tank size and condition. She indicated septic regulations
indicated a tank should be pumped approximately every four years, and it appears this tank may
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have never been pumped. She further indicated upon inspection of the system, if it is found to be
constructed of plastic or cinderblocks, the system will have to be replaced due to the concerns with
leakage. She confirmed the applicant will not have to dig up all of the landscaping, rather,a receipt
must be provided, indicating a Statement of Existing. Further responding to Chair Jerke, Mr. Ogle
confirmed the well is drilled to a depth of 255 feet. Chair Jerke indicated he understands the
concerns presented by Ms. Turley, and he does not desire to deviate from the regulations;
however, he also does not want to create unintended negative consequences for the applicant.
Responding to Commissioner Rademacher, Ms. Light confirmed when the permanent residence
was constructed, staff should have finalized a minor repair permit at that time; however, the
applicants cannot be held liable, since they were not aware of the need for an inspection at that
time.
Commissioner Masden indicated he is in favor of deleting Condition of Approval#1.E,and instead,
require the applicant to have the septic system evaluated when the need for pumping arises, or
when any new upgrades to the property are completed. He clarified he understands the property
will be considered commercial in nature due to the business located on the site; however, the uses
on the property are not changing, therefore, it does not make sense to require the applicant to
complete a large amount of unnecessary work. He further clarified if problems arise with the septic
system in the future, the applicant shall contact County staff to have it evaluated at that time.
Commissioner Rademacher concurred, and indicated if the system is not in compliance when it is
pumped,then the applicant should be required to complete the necessary improvements; however,
the time frame for pumping is unknown. Responding to Commissioner Rademacher, Ms. Turley
indicated the system was pumped in 1992 when the shop was constructed, and she is certain that
the tank is constructed of concrete. Further responding to Commissioner Rademacher, Ms. Light
indicated a concrete tank is acceptable. In response to Ms. Light, Ms. Turley indicated the tank
is 1,000 gallons in size, and no upgrades to the system were required at the time of the
construction of the shop. Ms. Light confirmed a 1,000 gallon tank is a sufficient size for a
three-bedroom residence. The Board concurred with the deletion of Condition of Approval #1.E.
In response to Commissioner Rademacher, Ms. Light indicated Development Standards#13,#14,
and#15 will require deletion, and Development Standard#12 will require modification, if the Board
decides to allow the applicants to utilize a portable toilet and bottled drinking water for the
employees. She clarified Development Standard#12 may be modified to state,"Adequate drinking,
hand washing, and toilet facilities (bottled water and portable toilets) shall be provided for the
employees and patrons of the facility at all times." The Board concurred with the modification of
Development Standard #12, as presented, and the deletion of Development Standards#13, #14,
and #15. Commissioner Rademacher indicated Development Standard #24 is redundant, since
Development Standard #26 indicates the applicant will provide a bermed water quality feature on
the property. The Board concurred with the deletion of Development Standard #24.
Ms. Turley requested clarification of Development Standard #8, regarding the requirement of a
Waste Handling Plan. She indicated her husband confirmed oil changes do not occur on the
property, since the vehicles are under warranty and all maintenance operations are done at the
dealership. She further indicated there is no waste associated with the business, therefore, she
does not understand what the Plan should consist of. She also requested clarification of
Development Standard #9, requiring a Dust Abatement Plan. She clarified a speed limit sign has
already been posted along the driveway, and the driveway is not utilized very frequently since she,
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her husband, and her daughter all live and work on the same property, therefore,a minimal amount
of dust is created. She further clarified a traffic study was conducted, and it was determined that
deliveries to the site are made approximately 1.5 times per month,and an employee vehicle makes
one round-trip,once per week. In response to Commissioner Rademacher, Ms. Light indicated the
Waste Handling Plan will be as simple as indicating that waste is placed in the dumpster, which is
hauled from the site by a specific provider, and the Dust Abatement Plan will be as simple as
indicating a speed limit sign and the graveled driveway both reduce dust on the site. She
confirmed the requirements are very simple for the applicants to provide documentation of.
Commissioner Rademacher indicated due to the simplicity of the requirements, he does not believe
the requirements should be deleted. In response to Chair Jerke, Ms. Turley indicated a dumpster
is currently utilized on the site. Further responding to Chair Jerke, Ms. Turley indicated she has
reviewed,and concurs with,the Conditions of Approval and Development Standards,as amended.
Commissioner Rademacher moved to approve the request of DeRoy and Cathy Turley for a Site
Specific Development Plan and Use by Special Review Permit #1659 for one (1) Single-Family
Dwelling Unit, other than those permitted under Section 23-3-20.A of the Weld County Code
(Sec. 23-3-40.L), and any Use Permitted as a Use by Right, Accessory Use, or Use by Special
Review in the Commercial or Industrial Zone Districts (Sec. 23-3-40.R) (tank repair, agricultural
millwork, and a second single family dwelling unit) in the A (Agricultural) Zone District, based on
the recommendations of the Planning staff and the Planning Commission, with the Conditions of
Approval and Development Standards as entered into the record. His motion included the deletion
of Condition of Approval #1.E, with the required re-lettering; the modification of Development
Standard #12 to state, "Adequate drinking, hand washing, and toilet facilities (bottled water and
portable toilets) shall be provided for the employees and patrons of the facility at all times"; the
deletion of Development Standards#13, #14, #15, and #24, with the required re-numeration; and
the modification of Development Standard #25 to reflect County Road 79.75. The motion was
seconded by Commissioner Masden, and it carried unanimously. There being no further
discussion, the hearing was completed at 2:15 p.m.
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This Certification was approved on the 24th day of November, 2008.
APPROVED:
,i\,7 I / `V OARD OF COUNTY COMMISSIONERS
ib �4. ''ELD COUNTY, COLORADO
ATTEST: c 1t1' a(Firtw Iliam H. Jerke, Chair
Weld County Clerk to the Bo.`a ti P
I 13
GLl i Lail Robett D. I�Aasdyn,�Pre Tem
BY:� (�./`(/ .5//// i'l'l//
Deputy Clerk.to the Board /,--
William F. Garcia
EXCUSED
David E. Long
44,
glas demacher
2008-3234
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EXHIBIT INVENTORY CONTROL SHEET
Case USR#1659 - DEROY AND CATHY TURLEY
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 11/04/2008)
D. Planning Staff Certificate and photo of sign posting
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