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Home My WebLink About20080686.tiff HEARING CERTIFICATION DOCKET NO. 2008-09 RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1634 FOR A USE PERMITTED AS A USE BY RIGHT,ACCESSORY USE,OR USE BY SPECIAL REVIEW IN THE INDUSTRIAL ZONE DISTRICT(TRUCK PARKING,MAINTENANCE,AND OFFICE) IN THE A (AGRICULTURAL) ZONE DISTRICT - REYNALDO AND MAYRA BONILLA A public hearing was conducted on February 20, 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 Also present: Acting Clerk to the Board, Jennifer VanEgdom 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 February 1, 2008, and duly published February 6, 2008, in the Fort Lupton Press, a public hearing was conducted to consider the request of Reynaldo and Mayra Bonilla for a Site Specific Development Plan and Use by Special Review Permit #1634 for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Industrial Zone District(truck parking, maintenance, and office) 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 north of County Road 22, and east of County Road 41, is approximately 29.5 acres in size, and contains a single family residence. She gave a brief description of the uses of the surrounding properties, stated the hours of operation are from 6:00 a.m., to 7:00 p.m., daily, and the site will be limited to five employees and the parking of five trucks with trailers. She stated two letters of support regarding the required access agreement have been received by staff. She further stated the site is located within the three-mile referral area for the Town of Hudson, which indicated no conflicts with the proposal. Ms. Hatch stated twelve referral agencies reviewed the request, and 10 provided comments which have been addressed within the Conditions of Approval and Development Standards, and no referral response was received from the Platte Valley Soil Conservation District or the Town of Berthoud. She displayed photographs of the site and surrounding properties and indicated the Resolution contains screening requirements in Conditions of Approval #1.N, #1.O, #1.P.7, and #1.P.10. In response to Commissioner Rademacher, Ms. Hatch indicated the site is located approximately three miles from the Pioneer Communities development. 2008-0686 PL1947 U n--i 1 v /71Z- Oi 7020 -O� HEARING CERTIFICATION - REYNALDO AND MAYRA BONILLA (USR#1634) PAGE 2 Lauren Light, Department of Public Health and Environment, stated the site is served with well water and an existing septic system. She stated the applicant is proposing to construct a shop within the next few years, and until the building is constructed, the employees may utilize the restrooms within the residence. She clarified the well permit is for domestic purposes only, therefore, the applicant will need to apply for a commercial well permit. She further stated the applicant will be required to provide a Waste Handling Plan, since no discharges from the vehicles will be permitted at the site. In response to Commissioner Masden, Ms. Hatch indicated the site is approximately one mile north of County Road 22, and indicated the placement of the access to the site on the map provided. Chair Jerke clarified the property sits adjacent to County Road Section Line 24; however, the actual road has not been built. David Snyder, Department of Public Works, stated the access to the site is provided through an easement agreement. He indicated County Road 22 is a paved road and classified as a strategic roadway, with approximately 839 vehicle trips per day. He stated the proposed use will create a very minimal impact, and the applicant has not requested a new access. In response to Chair Jerke, Ms. Hatch stated the necessary letters of support have been received regarding the necessity of a new access agreement, and it is anticipated that the new agreement will be finalized in the near future,therefore, staff supports the application. Responding to Commissioner Masden, Ms. Hatch indicated the applicant will not be required to provide parking spaces which comply with the Americans with Disabilities Act(ADA), since the use is not considered a commercial use. Larry Carroll, Jr., The Carroll Group, Ltd., represented the applicant and stated the applicant operates a trucking company which provides support services for oil and gas operations as well as landscaping operations. He stated the company utilizes five trucks, the operations at the site are very minimal, and the applicant desires to be able to park the five trucks at the site overnight. He clarified all maintenance work is completed off-site; however, in the future,the applicant desires to build a shop at the site in order to provide minor maintenance to the trucks. He stated no waste is generated at the site, and all of the necessary improvements will be staged as the business operations increase. He clarified a deeded access currently exists for the parcel; however, it is for residential use only, therefore, a new agreement will be negotiated for this use. Mr. Carroll stated the site is very rural and is located a long distance from any developed road, and he is unsure of the County's plans to build future County Road 24.. He reiterated the applicant will only utilize the site for the parking of trucks, and will not complete any other improvements at the site until the growth of the business warrants the need. In response to Commissioner Rademacher, Reynaldo Bonilla, applicant, stated he transports water to various oil and gas facilities for A and W Water Company; however, no materials are brought to the site to be stored. He further stated he also transports compost for local dairies. No public testimony was offered concerning this matter. In response to Commissioner Masden, Mr. Carroll indicated he does not believe landscaping or screening is necessary at the site, since the site is very rural. He stated if the trucks are required to be screened, the turning radii at the access will have to be modified. Chair Jerke indicated the site is over 29 acres in size, and the area does appear to be very remote, and Commissioner Masden concurred. Commissioner Rademacher stated he is in favor of waiving all screening and landscape requirements, since the applicant will not store any materials at the site. Commissioner Masden moved to waive all landscaping and screening requirements within the Resolution. 2008-0686 PL1947 HEARING CERTIFICATION - REYNALDO AND MAYRA BONILLA (USR#1634) PAGE 3 Seconded by Commissioner Rademacher, the motion carried unanimously. (Clerk's Note: The Resolution was modified to delete Condition of Approval#1.N, with the necessary re-lettering; to delete the words "landscaping" and "screening" from the first sentence of Condition of Approval#1.0;to delete the second and third sentences of Condition of Approval#1.P.7;to delete Condition of Approval #1.P.10, with the necessary re-numeration; and to delete Development Standard#31, with the necessary re-numeration). In response to Chair Jerke, Mr. Carroll indicated he and the applicant have reviewed, and concur with, the Conditions of Approval and Development Standards, as modified. Commissioner Masden moved to approve the request of Reynaldo and Mayra Bonilla for a Site Specific Development Plan and Use by Special Review Permit#1634 for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Industrial Zone District(truck parking, maintenance, and office) 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, including the waiver of all landscaping and screening requirements. The motion was seconded by Commissioner Garcia, and it carried unanimously. There being no further discussion, the hearing was completed at 10:45 a.m. This Certification was approved on the 25th day of February, 2008. APPROVED: BOARD OF COUNTY COMMISSIONERS �� LD COUNTY, COLORADO n .1? ' /) / '� °.� ATTEST: r T7 Jerke, Chair Weld County Clerk to the Board 1nn ", � Robe D. s en, Pro-Tem Deputy Clerk to the Board William F. Garcia David E. Long /ate Dougla Rademach r 2008-0686 PL1947 EXHIBIT INVENTORY CONTROL SHEET Case USR#1634- REYNALDO AND MAYRA BONILLA 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 12/18/2007) D. Clerk to the Board Notice of Hearing (Filed under Legals) E. Planning Staff Certification and photo of sign posting F. G. H. J. K. L. M. N. O. P. Q. R. S. T. U. V. Q . N j / \ / 2 \ D � ---- a � : . 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