HomeMy WebLinkAbout20082034.tiff HEARING CERTIFICATION
DOCKET NO. 2008-44
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1648
FORA USE PERMITTED AS A USE BY RIGHT,ACCESSORY USE,OR USE BY SPECIAL
REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (TREE TRIMMING
BUSINESS AND TRUCK PARKING) IN THE A (AGRICULTURAL) ZONE DISTRICT -
RICHARD AND CYNTHIA STALCUP
A public hearing was conducted on June 4, 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
Commissioner Douglas Rademacher- EXCUSED
Also present:
Acting Clerk to the Board, Esther Gesick
County Attorney, Bruce Barker
Planning Department representative, Jacqueline Hatch
Health Department representative, Lauren Light
Public Works representative, David Snyder
The following business was transacted:
I hereby certify that pursuant to a notice dated May 16, 2008, and duly published May 23, 2008,
in the Greeley Tribune, a public hearing was conducted to consider the request of Richard and
Cynthia Stalcup for a Site Specific Development Plan and Use by Special Review Permit#1648 for
a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial
or Industrial Zone Districts (tree trimming business and truck parking) in the A(Agricultural)Zone
District. Bruce Barker, County Attorney, made this a matter of record, and advised Richard
Stalcup, applicant, that he has the option of continuing this matter to a date when the full Board will
be present. However, if he decides to proceed today, it will require three affirmative votes, or in
the case of a tie vote, Commissioner Rademacher will listen to the record and make the
determining vote. Mr. Stalcup indicated he would like to proceed today.
Jacqueline Hatch, Department of Planning Services, presented a brief summary of the proposal,
entered the favorable recommendation of the Planning Commission into the record as written, and
gave a brief description of the location of the site and surrounding land uses. She stated the
surrounding area is primarily agricultural in nature, and there are six parcels within 500 feet of the
site. She stated the property is currently in violation of the Weld County Code for the operation of
a commercial storage business without the appropriate permits. She explained, if approved, the
Violation will be corrected; however, if the request is denied, the commercial business and related
equipment storage will need to be removed from the property immediately. She stated staff
received one letter of support, and the City of Ft. Lupton indicated no concerns with the proposal.
Ms. Hatch stated 13 referral agencies reviewed the proposal, three indicated no conflict, six
provided comments that have been addressed in the Conditions of Approval and Development
Standards, and no response was received from the Towns of Firestone or Frederick. She also
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HEARING CERTIFICATION - RICHARD AND CYNTHIA STALCUP (USR #1648)
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displayed photographs of the site and surrounding area. In response to Commissioner Masden,
Ms. Hatch clarified the property is adjacent to County Road 19, not County Road 17, and the
Planning Commission Resolution will need to be fixed to reflect the correct location.
Lauren Light, Department of Public Health and Environment, stated the property is serviced by the
Central Weld County Water District and an existing septic system for the residence, which will be
adequate since there will be no employees at the site. She stated the applicants will be required
to submit Dust Abatement and Waste Handling Plans, and any washing of vehicles or equipment
on the site must not discharge to the environment, as addressed in Condition of Approval #1.N.
Ms. Light further stated Condition of Approval #1.L may be deleted, since there will be no
employees on the site, and she has no concerns with this proposal.
David Snyder, Department of Public Works, stated County Road 19 is classified as a collector
status road, which requires 80 feet of right-of-way at full buildout. He stated the applicant will be
required to close the southernmost access, due to a traffic count of more than 1,200 vehicles per
day, and staff is also requiring a water quality feature, or grassy area, to address runoff in the
non-buildable area. In response to various members of the Board, Mr. Snyder stated Condition of
Approval #1.G requires the applicants to address all of the requirements and concerns detailed in
the referral from the Department of Public Works. Mr. Snyder stated the water quality feature will
be an easement on the plat, and the only impervious areas are the rooftop and driveway.
Commissioner Masden stated he does not want to include that as a requirement, and Ms. Hatch
stated Condition #1.G could be amended to state a water quality area will not be required.
Richard and Cyndy Stalcup, applicants,were present to answer questions. Mr. Stalcup stated they
want to park their equipment on their property and store wood chips and firewood to be sold later.
Ms. Stalcup stated the piles of firewood and wood chips are only on the site for two or three months
of the year before they are sold, and the trucks are not always parked on the property, since they
are usually parked at the job sites. In response to Commissioner Garcia, Mr. Stalcup stated the
hours of operation may need to be extended to 8:00 p.m. during the summer hours, and they will
operate from 9:00 a.m., until 4:00 p.m., during the winter. He further stated they are both retired
and this business is now their primary occupation.
No public testimony was offered concerning this matter. In response to Chair Jerke, the applicants
indicated they have reviewed, and concur with, the Conditions of Approval and Development
Standards, as proposed and modified.
Commissioner Garcia proposed amending Development Standard #22 to modify the hours of
operation to "daylight hours,"to conform with the intended activity. Ms. Light reiterated Condition
of Approval #1.L should be deleted, since there will be no employees on the site. She further
stated Condition of Approval #1.G should be modified to add, "There will be no requirement for
water quality, as outlined by Department of Public Works."
Commissioner Garcia moved to approve the request of Richard and Cynthia Stalcup for a Site
Specific Development Plan and Use by Special Review Permit#1648 for a Use Permitted as a Use
by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts
(tree trimming business and truck parking) in the A (Agricultural) Zone District, based on the
recommendations of the Planning staff and the Planning Commission, with the Conditions of
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Approval and Development Standards as entered into the record. His motion included amending
Condition of Approval #1.G to add, "There will be no requirement for water quality, as outlined by
Department of Public Works."; deleting Condition of Approval #1.L and relettering subsequent
paragraphs; and amending Development Standard #22 to replace "7:00 a.m., to 6:00 p.m."with
daylight hours" The motion was seconded by Commissioner Masden, and it carried unanimously.
There being no further discussion, the hearing was completed at 11:35 a.m.
This Certification was approved on the 9th day of June, 2008.
APPROVED:
' BOARD
� OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
•
ATTEST: gag
ii . Chair
Weld County Clerk to 1f
v Robert De hem
BY: e
Deputy Cler o the Board
Wil r�_F J rc c
David E. Long (
C C�
EXCUSED
Douglas Rademacher
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EXHIBIT INVENTORY CONTROL SHEET
Case USR#1648 - RICHARD AND CYNTHIA STALCUP
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 04/15/2008)
D. Clerk to the Board Notice of Hearing (Filed under Legals)
E. Planning Staff Certification and Photo of sign posting
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