HomeMy WebLinkAbout20081207.tiff HEARING CERTIFICATION
DOCKET NO. 2008-27
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1639
FOR A HOME BUSINESS (DIRECTIONAL DRILLING COMPANY) IN THE
A(AGRICULTURAL) ZONE DISTRICT - RONALD O'HOTTO
A public hearing was conducted on April 9, 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, Esther Gesick
County Attorney, Bruce Barker
Planning Department representative, Hannah Hippely
Health Department representative, Lauren Light
Public Works representative, Don Dunker
The following business was transacted:
I hereby certify that pursuant to a notice dated March 21, 2008,and duly published March 26,2008,
in the Fort Lupton Press,a public hearing was conducted to consider the request of Ronald O'Hotto
for a Site Specific Development Plan and Use by Special Review Permit #1639 for a Home
Business(directional drilling company) in the A(Agricultural)Zone District. Bruce Barker, County
Attorney, made this a matter of record. Chair Jerke advised Ronald "Shane" O'Hotto, 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 Long will listen to the record and make the determining vote. Mr. O'Hotto
indicated he would like to proceed today.
Hannah Hippely, 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
gave a brief description of the location of the site and surrounding land uses, which are primarily
zoned A (Agricultural), with a permitted dairy to the southwest. She stated thirteen referral
agencies reviewed the proposal, ten responded favorably or provided comments that have been
addressed in the Conditions of Approval and Development Standards, and she displayed
photographs of the site improvements, equipment, and surrounding properties. In response to
Commissioner Jerke, Ms. Hippely stated there are no Covenants for the Lupton Meadows
Subdivision. Responding to Commissioner Rademacher, Ms. Hippely stated the Subdivision is
large, with lots averaging 35 acres, or larger.
Lauren Light, Department of Public Health and Environment, stated the well is permitted for
domestic use; however, it will need to be re-permitted for commercial use, and the septic system
will need to be evaluated to determine whether an expansion is needed to address additional
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HEARING CERTIFICATION - RONALD O'HOTTO (USR#1639)
PAGE 2
employees. In response to Commissioner Jerke, Ms. Light stated the septic system was permitted
in 1994 for a three-bedroom residence, to serve up to six people.
Don Dunker, Department of Public Works, stated County Road 23 is a paved collector roadway,
which requires 80 feet of right-of-way at full buildout. He stated the average daily traffic count,
in 2006 and 2007,was 103 vehicles,and the facility is accessed from County Road 23 with a paved
drive. He stated the eastern portion of the property is in a floodplain, and Development
Standard#8 prohibits dumping in the floodplain. He further stated all parking shall be on-site, and
staff is requiring stormwater quality be ensured. Responding to Commissioner Masden,
Mr. Dunker stated, at the Planning Commission hearing, the applicant indicated he occasionally
hauls dirt onto the site, and the plat will indicate the placement of the dumping area. He clarified
the dirt must be clean and shall not be placed in the floodplain. Responding to Commissioner
Garcia, Mr. Dunker stated the applicant does not cross the ditch within the site, rather, he goes
north to County Road 22.5 and comes in through the back side of the property. Responding to
Commissioner Rademacher, Mr. Dunker stated the site appeared to have good grass cover in the
horse pasture, as well as the equipment storage area.
Mr. O'Hotto stated he parks his equipment in a 40-foot by 80-foot heated shop building. He
explained a new resident in the area expressed concern with potential hazardous activities on the
site. Mr. O'Hotto explained he sometimes washes the dirt and water mixture from his equipment;
however, the material is not contaminated, and the washing assists in dust control. Responding
to Commissioner Rademacher, Mr. O'Hotto stated the closest neighbor is approximately
one-quarter of a mile to the north, on another 35-acre site; there have been no other complaints
with previous neighbors; and his facility is not an eyesore. He stated the equipment consists of
trucks with trailers to haul the drills, and pickups to pull the tank trailers. In response to
Commissioner Garcia, Mr. O'Hotto stated the bridge across the ditch is only used by his horses;
he does not transport equipment over the ditch.
No public testimony was offered concerning this matter. In response to Commissioner Jerke,
Mr. O'Hotto stated he has reviewed, and concurs with, the Conditions of Approval and
Development Standards as proposed.
In response to Commissioner Rademacher, Ms. Hippely stated there is some outdoor storage of
various types of equipment and nine employees who park on the site, therefore, Development
Standard #22 requires screening of the parking and outdoor storage from neighboring uses. She
clarified staff will not require screening if the site it is not visible from neighboring properties.
Commissioner Jerke stated the Screening Plan may state that screening is not necessary.
Ms. Hippely reiterated,the Screening Plan will be required; however, staff is flexible with what may,
or may not, be required within the plan.
Commissioner Garcia moved to approve the request of Ronald O'Hotto for a Site Specific
Development Plan and Use by Special Review Permit #1639 for a Home Business (directional
drilling company)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. The motion was seconded by Commissioner Masden, and it carried
unanimously. There being no further discussion, the hearing was completed at 10:45 a.m.
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HEARING CERTIFICATION - RONALD O'HOTTO (USR#1639)
PAGE 3
This Certification was approved on the 14th day of April, 2008.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: LS, �� /
H. Jerke, Chair
Weld County Clerk to the Board
18.l C t,ED DATE OF APPROVAL
.J �Q. Masden, Pro-Tem
BY: C
Deputy • erk to the Board %j t °'
lliam F. Garcia
EXCUSED
David E. Long
ouglas ademach r
2008-1207
PL1961
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1639 - RONALD O'HOTTO
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 02/19/2008)
D. Clerk to the Board Notice of Hearing (Filed under Legals)
E. Planning Staff Certification and Photo of sign posting
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