HomeMy WebLinkAbout20080814.tiff HEARING CERTIFICATION
DOCKET NO. 2008-22
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1640
FOR A USE PERMITTED AS A USE BY RIGHT,ACCESSORY USE,OR USE BY SPECIAL
REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (CONCRETE
BUSINESS,STORAGE OF EQUIPMENT,AND MAINTENANCE SHOP),PROVIDED THAT
THE PROPERTY IS NOTA LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT,
OR LOTS PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY
REGULATIONS CONTROLLING SUBDIVISIONS, IN THE A (AGRICULTURAL) ZONE
DISTRICT - MARIO CALDERON
A public hearing was conducted on March 12, 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
Assistant County Attorney, Cyndy Giauque
Planning Department representative, Roger Caruso
Health Department representative, Trevor Jiricek
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated February 22, 2008, and duly published February 27,
2008, in the Fort Lupton Press, a public hearing was conducted to consider the request of Mario
Calderon for a Site Specific Development Plan and Use by Special Review Permit#1640 for a Use
Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (concrete business, storage of equipment, and maintenance shop),
provided that the property is not a lot in an approved or recorded subdivision plat, or lots part of a
map or plan filed prior to adoption of any regulations controlling subdivisions, in the A(Agricultural)
Zone District. Cyndy Giauque, Assistant County Attorney, made this a matter of record. Roger
Caruso, 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 one-half mile south of State Highway 52, and east of, and adjacent to, County
Road 15. He stated the municipal limits for the City of Dacono are west of, and adjacent to, County
Road 15, he gave a brief description of the uses of the surrounding properties, and indicated the
applicant has provided signatures from 30 surrounding property owners who are in support of the
application. He further stated the applicant has provided evidence of a letter to the City of Dacono,
attempting to mitigate the concerns of the municipality,along with the response letter from the City,
which indicates if the Board approves USR#1640, over the objections of the City of Dacono, the
Conditions of Approval and Development Standards are acceptable. Mr. Caruso stated the site
is designated as medium-density residential within the Comprehensive Plan of the City of Dacono,
and the City has indicated the proposal is not compatible with its' long-range goals. He read
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Section 19-2-60.C.8 of the Weld County Code into the record, indicating that the County must find
that incompatibility between the anticipated zoning classification is unlikely to occur, that the
Conditions of Approval will mitigate adverse consequences of the incompatibility, or that the City's
anticipated zoning classification is unreasonable. He indicated planning staff from the City of
Dacono are present at the hearing today. He explained the property is currently in violation, due
to the operation of the concrete business without the appropriate permit; however,the violation has
not yet been presented to the Board, and approval of the application will remedy the violation. He
stated fifteen referral agencies reviewed the request,and ten provided comments which have been
addressed within the Conditions of Approval and Development Standards. He displayed
photographs of the site and the surrounding area, and confirmed the mobile home previously
located on the property has been removed. He indicated the Department of Planning Services
recommended denial of the application, solely based on the terms of the Intergovernmental
Agreement between the County and the City of Dacono, and he reiterated the Planning
Commission recommended approval of the application. He further stated if the application is
approved by the Board,the Conditions of Approval and Development Standards will ensure the site
is compatible with the existing surrounding land uses.
Trevor Jiricek, Department of Public Health and Environment, stated the Department is
recommending that Condition of Approval #4.A be deleted, since the septic system is only seven
years old and was built oversized. He stated the system will be adequate to serve the requested
incidental use, and the Department has no other comments or concerns. In response to Chair
Jerke, Mr. Jiricek stated the Resolution contains the regular recommendations for minimizing dust
at the site and addressing stormwater runoff. Further responding to Chair Jerke, he clarified the
applicant will primarily be utilizing the site for storage of equipment and vehicles, and will not be
mixing or processing concrete at the site.
Don Carroll, Department of Public Works, stated County Road 15 is a collector status road, the
western half of the road has been annexed by the City of Dacono, and the eastern half of the road
is under the control of Weld County; however, the City of Dacono provides maintenance for this
section of road. He indicated the road contains 60 feet of right-of-way, and provides access to the
site. He clarified the applicant previously requested an additional access; however, staff is
recommending that the applicant utilize the current access, since it is wide enough to
accommodate the necessary equipment and machinery. He stated the parcel is 2.68 acres in size,
and the applicant will utilize the site for storage of concrete equipment and a small maintenance
shop. He clarified the business is operated by the applicant and his son, and up to eight people
will be employed on a seasonal basis; however, the seasonal employees do not work at the site.
He confirmed the site contains adequate room for the required parking spaces. In response to
Chair Jerke, Mr. Caruso stated the referral received from the Colorado Department of
Transportation indicated no concerns. Further responding to ChairJerke, Mr.Carroll stated County
Road 15 is paved and is currently classified as a collector status road, therefore, the applicant will
be required to reserve an additional ten feet of right-of-way from the centerline of the road. Chair
Jerke indicated County Road 15 is a Section Line road, and he believes 140 feet of right-of-way
is necessary, due to the density within the surrounding area. He suggested the applicant consider
providing the additional necessary right-of-way reservation. Commissioner Masden concurred and
stated 140 feet of right-of-way will be necessary to provide the proper improvements to County
Road 15. Mr. Carroll reiterated that the subdivision to the west does not have any direct accesses
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on County Road 15. Commissioner Masden indicated there is substantial development south of
the applicant's property which generates traffic within the area. Chair Jerke instructed Mr. Carroll
to draft proposed language addressing the reservation of additional right-of-way.
Larry Carroll, Jr.,The Carroll Group, Ltd., represented the applicant and indicated the property was
previously developed by a contractor as a residence, and the contractor operated his construction
business from the site, storing vehicles at the location. He stated Mr. Calderon purchased the
property in 2003, and he did not know, at the time,that storing equipment and machinery at the site
was prohibited. He further stated the applicant has attempted to work with representatives from
the City of Dacono on several occasions; however, there has been difficulty obtaining consistent
information regarding the plan for this area. He clarified the City cannot provide water or sewer
services to this location at this time, and discussions have been held regarding the City's
Long-Range Comprehensive Plan, since the surrounding area contains intense oil and gas
exploration activities. He indicated the location of oil and gas wells on the map provided,
summarizing there are over 20 wells within surrounding area. He stated the applicant has worked
to address the concerns of the City of Dacono, is actively working to meet all of the required criteria
of the Weld County Code, and he confirmed the applicant will consider the possibility of reserving
additional right-of-way. He clarified the business located on the site is a father and son operation,
and several pieces of equipment, which are utilized off-site, are stored on the site overnight. He
reiterated no daily operations of the concrete company take place at the site.
In response to Commissioner Masden, Larry Carroll indicated a certified letter was sent to the City
of Dacono; however, he never received a response. He stated he contacted the staff planner, and
she indicated it was inappropriate to provide a direct answer, and that the request needed to be
presented through the proper process. Chair Jerke indicated he believes that no reply to a
question of potential annexation should be viewed as a rejection. Larry Carroll indicated the
Planning Commission agreed that annexation would not be beneficial, due to the City's inability to
provide water and sewer services. He indicated the applicant has been willing to continue to
ensure that the development will be compatible with the City's plans; however, the City's
representatives have not provided adequate response. In response to Chair Jerke, Larry Carroll
stated the applicant concurs with the deletion of Condition of Approval #4.A, and indicated the
reservation of an additional 30 feet of right-of-way will help mitigate future traffic.
No public testimony was offered concerning this matter.
Following discussion, the Board concurred with the deletion of Condition of Approval #4.A. Don
Carroll suggested the following language be incorporated into the Resolution, "The applicant shall
reserve an additional 40 feet of future right-of-way, for a total of 70 feet of right-of-way from the
centerline of County Road 15." Mr. Caruso indicated the language presented by Don Carroll shall
replace the third sentence of Condition of Approval #1.M.4, and the Board concurred with the
modification.
In response to Chair Jerke, Larry Carroll indicated he, and the applicant, have reviewed, and
concur with, the Conditions of Approval and Development Standards as modified; however, he
needs some clarification regarding Condition of Approval #1.B, regarding the Annexation
Agreement. Responding to Chair Jerke, Mr. Caruso stated Condition of Approval indicates that the
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HEARING CERTIFICATION - MARIO CALDERON (USR#1640)
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applicant must supply an Annexation Agreement, or submit written evidence from the municipality
that it does not intend to annex the property. He clarified the Department of Planning Services will
accept the lack of response from the City of Dacono to indicate the City does not intend to execute
an Annexation Agreement. In response to Chair Jerke, Ms. Giauque recommended Condition of
Approval #1.6 contain language which states that the applicant shall provide proof of a good-faith
effort to obtain an executed Annexation Agreement with the City of Dacono. In response to
Commissioner Rademacher, Larry Carroll confirmed he has record of the certified letter sent to the
City of Dacono; however, the Annexation Agreement was not specifically addressed within the
certified letter. He explained the letter was sent to obtain information regarding any concerns to
be mitigated, since the City had indicated it did not desire to annex the property. Chair Jerke
indicated another certified letter will need to be sent to the City of Dacono, with language
specifically seeking an Annexation Agreement, and if the City does not respond to the letter, or
provides a negative response, the applicant shall be allowed to move forward. Larry Carroll
indicated he understood the requirement of Condition of Approval #1.B.
Commissioner Garcia indicated the language in Development Standards#20 and#26 contain the
words"Johnstown Fire Protection District,"and he recommended the language be modified to state
the"Mountain View Fire Protection District." Commissioner Rademacher confirmed this property
is located within the boundaries of the Mountain View Fire Protection District, and the Board
concurred with the modification of Development Standards #20 and #26.
In response to Chair Jerke, Ms. Giauque recommended Condition of Approval #1.6 be modified
to state, "The applicant shall submit an executed Annexation Agreement with the City of Dacono,
which requires the owner to annex the property to the municipality upon the terms and conditions
as stated in the agreement, pursuant to Section 19-2-60.C.2 of the Weld County Code, or, provide
proof of a good-faith effort to obtain such agreement. Alternately, the municipality may state, in
writing, that it does not intend to annex the property." The Board concurred with the
recommendation. In response to Chair Jerke, Larry Carroll indicated he concurs with the language
of Condition of Approval #1.B.
Commissioner Rademacher indicated he initially had concerns regarding the application due to the
growth within the surrounding area; however, he is more concerned regarding the lack of response
from the City of Dacono. He stated the site will be used primarily for storage, and no concrete will
be mixed or created at the site, therefore, he supports the application.
Chair Jerke indicated the applicant will only be storing vehicles utilized within the concrete
business, which is not a negative impact to the City of Dacono.
Commissioner Garcia stated the applicant has provided positive statements and signatures of
support from surrounding property owners, including neighbors within the subdivision to the west.
He further stated the violation at the property was not complaint-based, and he is in support of the
application.
Commissioner Garcia moved to approve the request of Mario Calderon for a Site Specific
Development Plan and Use by Special Review Permit #1640 for a Use Permitted as a Use by
Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts
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HEARING CERTIFICATION - MARIO CALDERON (USR#1640)
PAGE 5
(concrete business, storage of equipment, and maintenance shop), provided that the property is
not a lot in an approved or recorded subdivision plat, or lots part of a map or plan filed prior to
adoption of any regulations controlling subdivisions, 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 #4.A; the modification of the third sentence of Condition of
Approval #1.M.4 to state, "The applicant shall reserve an additional 40 feet of future right-of-way,
for a total of 70 feet of right-of-way from the centerline of County Road 15."; the modification of
Condition of Approval #1.B to state, "The applicant shall submit an executed Annexation
Agreement with the City of Dacono, which requires the owner to annex the property to the
municipality upon the terms and conditions as stated in the agreement, pursuant to
Section 19-2-60.C.2 of the Weld County Code, or,provide proof of a good-faith effort to obtain such
agreement. Alternately, the municipality may state, in writing, that it does not intend to annex the
property."; and the modification of Development Standards #20 and #26 to state the "Mountain
View Fire Protection District" in place of the "Johnstown Fire Protection District." The motion was
seconded by Commissioner Long, and it carried unanimously. There being no further discussion,
the hearing was completed at 10:40 a.m.
This Certification was approved on the 17th day of March, 2008.
APPROVED:
,`:;C.) BOARD OF COUNTY COMMISSIONERS
k .; 0 ELD COUNTY, COLORADO
ATTEST: y � ' ,v 4t rc 2 L,�
, ,# , i�li m H Jerke, Chair
Weld County Clerk to the B �, c. (�� 1/4\�(Jl
Robe en, Pro-Tem
BY: _
De Cler the Board
Willi F. Garcia David E. Long Vic/ nn
Dougla Rademach r
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EXHIBIT INVENTORY CONTROL SHEET
Case USR#1640 - MARIO CALDERON
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 01/15/2008)
D. Clerk to the Board Notice of Hearing (Filed under Legals)
E. Timothy and Laurel Longbrook E-mail of Opposition, dated 03/08/08
F. Planning Staff Photo of sign posting
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