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Home My WebLink About20073082.tiff HEARING CERTIFICATION DOCKET NO. 2007-77 RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1616 FOR A USE SIMILAR TO THE USES LISTED AS A USE BY SPECIAL REVIEW(TRADE SCHOOL) IN THE A (AGRICULTURAL) ZONE DISTRICT - DONALD SACK, C/O MOUNTAIN STATES LINE CONSTRUCTORS JATC A public hearing was conducted on September 19, 2007, at 10:00 a.m., with the following present: Commissioner David E. Long, Chair Commissioner William H. Jerke, Pro-Tem Commissioner William F. Garcia Commissioner Robert D. Masden Commissioner Douglas Rademacher Also present: Acting Clerk to the Board, Esther Gesick County Attorney, Bruce Barker Planning Department representative, Jacqueline Hatch Health Department representative, Char Davis Public Works representative, Donald Carroll The following business was transacted: I hereby certify that pursuant to a notice dated August 30, 2007, and duly published September 5, 2007, in the Fort Lupton Press, a public hearing was conducted to consider the request of Donald Sack, c/o Mountain States Line Constructors JATC,for a Site Specific Development Plan and Use by Special Review Permit#1616 for a use similar to the uses listed as a Use by Special Review (trade school) 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 20-acre site is located north of County Road 2, and one-half mile east of County Road 39. She further stated the property is currently vacant, and the applicant is requesting approval for an electrical lineman trade school. Ms. Hatch stated the frequency of the classes will be based on the needs of the students who enroll, and the property will be used to pasture cattle during the week when the site is not used for training. She stated the site will be serviced by a septic system and a commercial well, which was applied for on April 23, 2007, and must be finalized prior to recording the plat. Ms. Hatch reviewed photographs of the surrounding land uses, and stated the applicant is requesting a sign measuring 21 feet high and 156 square feet in size, and the Conditions of Approval and Development Standards will ensure compatibility with the surrounding area. She stated the site does lie within the three-mile referral area for the Town of Hudson and Adams County. The Town of Hudson indicated no objections to the application, and Adams County did not respond. Ms. Hatch stated 14 referral agencies reviewed the proposal, two had no comment, eight responded with comments that have been addressed in the Conditions of Approval and Development Standards, and staff did not receive a response from the Town of Lochbuie, Adams County, West Adams County Water Conservation District, or the Colorado Division of Wildlife. In response to Commissioners Jerke and Masden, Ms. Hatch indicated the location of the site, stated the applicant will need to clarify the training activities, and reiterated that staff did not receive a referral from the Town of Lochbuie. 2007-3082 FL PL1927 � . VL,�(J. /U -07 HEARING CERTIFICATION-DONALD SACK,CIO MOUNTAIN STATES LINE CONSTRUCTORS JATC (USR#1616) PAGE 2 Char Davis, Department of Public Health and Environment, stated the applicant has applied for a commercial well and a septic system for the office. (Changed to Tape#2007-28). Responding to Commissioner Rademacher, Ms. Davis stated the size and type of septic system will be based on the Engineer's Report. Donald Carroll, Department of Public Works, stated County Road 2 is a County line road. He stated it is a collector status road, which requires 80 feet of right-of-way at full buildout; however, there is presently 60 feet, therefore, the applicant will need to delineate an additional ten feet. He stated the road is stabilized base, there are no dust problems,the classes will be conducted on the weekends, the site design will accommodate 72 parking spaces, and there will be no staging or parking on County Road 2. He further stated the applicant is working with the Stormwater Division of the Department of Public Works to ensure stormwater is contained on the site and released at the proper rate. Responding to Commissioner Jerke, Mr. Carroll stated County Road 2 does extend west over Interstate 76 (1-76). Commissioner Jerke questioned why County Road 2 only requires 80 feet of right-of-way, and proposed increasing the width to accommodate growth and development in the area. Mr. Carroll stated County Road 2, west of 1-76, is 140 feet; however, it decreases to 80 feet east from the Interstate. He agreed it would be more appropriately classified as an arterial status. He further stated the property is currently an unimproved lot, therefore, it would be feasible to require the additional right-of-way reservation at this time for future expansion. Commissioner Masden stated development is currently under review in the area,and Weld County is working with Adams County to obtain an Energy Impact Grant. He stated once the road is paved, the amount of traffic will increase. Mr. Carroll stated the Five-Year Plan indicates work is scheduled in the area in 2009, at which time the road will likely be paved. Lauren Light, Tetra Tech, represented the applicant and stated the site is located on twelve acres, north of County Road 2, and approximately one-half mile east of County Road 39. She stated there will be three buildings used for classrooms, and one storage building which could be used as a classroom in the future. Ms. Light stated the students will practice their trade using sixty poles that will be in the training yard, as well as conducting underground trenching, and most of the classes will take place over a weekend. She stated the applicant would also like the flexibility to use the site during the week every few months, therefore, she requested the modification of Development Standard#3 to delete the restriction of Saturday and Sunday only. She further stated there will be approximately 70 people in a class, one full-time instructor, and several part-time instructors. Ms. Light stated the site will be serviced by a commercial well and septic system, and when the facility is not being utilized, the neighbor, Donald Sack, will haul water from his property and use the site to pasture his cow and calf pairs. She stated a commercial well permit has been obtained and submitted to staff; however,due to the arrangement with Mr.Sack,they did not intend to use the well for watering the livestock,therefore, Condition of Approval#1.D should be modified. She further stated a fifty-foot setback has been added on the western side of the property, and after the Planning Commission hearing, the applicant met with the owner of the northern property who submitted an E-mail indicating no concern with the request. Ms. Light referred to letters from the Town of Lochbuie and several neighbors indicating no concerns. She stated the applicant would also like to address the issues of landscaping and screening of the parking area and relocating the Condition regarding compliance with the Colorado Primary Drinking Water Regulations. In response to Commissioner Rademacher, Ms. Light stated there will be a designated area for the digging training practices to avoid dust blowing and erosion problems. 2007-3082 PL1927 HEARING CERTIFICATION-DONALD SACK,C/O MOUNTAIN STATES LINE CONSTRUCTORS JATC (USR#1616) PAGE 3 Responding to Commissioner Jerke, Ms. Light stated the applicant is in agreement with reserving the additional right-of-way for a total of 140 feet. Responding to Commissioner Garcia, Mark Sterkel, applicant, stated the classes are completed by 6:00 p.m., and although most of the training is done on the weekend, they have recently implemented a week-long boot camp training. He stated the students are new apprentices, the classes average approximately ten students and their employers, and there is a possibility that up to 100 people could be on the site at one time. No public testimony was offered concerning this matter. Ms. Light stated the site will be fenced with barbed wire to contain the grazing livestock, and landscaping and screening is not necessary due to the requirement for additional right-of-way setbacks from the road,therefore, she requested Condition of Approval #1.A and Development Standard #31 be deleted. Ms. Hatch suggested requiring screening the parking area and property frontage along County Road 2; however, the Board agreed to delete Condition of Approval #1.A and Development Standard #31. Ms. Light requested Conditions of Approval#1.C and#1.D be deleted since the commercial well permit has been obtained. She stated the neighbor to the east owns the cattle and uses a cistern and water truck for the livestock. Mr. Barker stated Condition of Approval #1.C has been addressed by the applicant's testimony and submittal of a well permit, therefore, the Board agreed to delete the requirement. He further stated Condition of Approval#1.D should be modified to delete the phrase, "including the watering of livestock." Ms. Light requested Condition of Approval#1.F be moved to become Condition of Approval #7.B, Prior to Operation, and Ms. Davis and the Board agreed. Mr. Sterkel requested Development Standard#3 be modified to delete the words"on Saturday and Sunday," to allow added flexibility to schedule classes, and the Board concurred, as well as modifying Development Standard#4 to allow up to 100 persons on the site. Ms. Hatch requested Condition of Approval #1.P.5 be modified to allow up to 100 parking spaces, for consistency. Ms. Hatch stated Tom Honn, Director of Planning Services, proposed further modifying Development Standard #3 to add the phrase, "seven days a week," for clarity, and the Board concurred. Mr. Carroll requested Condition of Approval #1.P.8 be modified to allow 140 feet of right-of-way at full buildout, requiring the applicant to delineate 70 feet of right-of-way reservation on the plat. Following discussion, Condition of Approval#1.P.8 was further modified to state, "As required by the Board of County Commissioners, County Road 2 requires one hundred forty feet of right-of-way at full buildout. There is presently sixty (60) feet of right-of-way. This road is maintained by Weld County. At a minimum, a total of seventy (70) feet from the centerline of County Road 2 shall be delineated on the plat as future right-of-way." Commissioner Masden moved to approve the request of Donald Sack, do Mountain States Line Constructors JATC,fora Site Specific Development Plan and Use by Special Review Permit#1616 for a use similar to the uses listed as a Use by Special Review(trade school)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 also included deleting Conditions of Approval #1.A, #1.C, and Development Standard #31; modifying Condition #1.D to delete the phrase, "including the watering of livestock"; deleting Condition#1.F and relocating the language to become Condition#7.B; modifying Condition#1.P.5 from 73 to 100 parking spaces; modifying Condition #1.P.8 to state, "As required by the Board of County Commissioners, County Road 2 requires one hundred forty(140)feet of right-of-way at full buildout. There is presently sixty(60)feet of right-of-way. This road is maintained by Weld County. 2007-3082 PL1927 HEARING CERTIFICATION-DONALD SACK,C/O MOUNTAIN STATES LINE CONSTRUCTORS JATC (USR #1616) PAGE 4 At a minimum, a total of seventy(70)feet from the centerline of County Road 2 shall be delineated on the plat as future right-of-way"; modifying Development Standard #3 to replace the phrase "on Saturday and Sunday"with "seven days a week"; modifying Development Standard #4 to limit the site 100 persons, and renumbering or relettering accordingly. The motion was seconded by Commissioner Rademacher, and it carried unanimously. There being no further discussion, the hearing was completed at 11:10 a.m. This Certification was approved on the 24th day of September 2007. APPROVED: 9 '"i'fs BOARD OF COUNTY COMMISSIONERS • 'd` WE D COUNTY, COLORADO I . ' r ATTEST: " David E. Long, Chair Weld County Clerk to the o# ,\Ak 1-1 Willia 9 e, Pro-Tem BY: air / / De y Cler o the Board 1i�� LL W' jam F. Garcia TAPE#2007-27 and #2007-28 y �:V ✓ , Robert D. Masden ) DOCKET#2007-77 c a-c-p Ct(1/Qw ;/j V Dougtas Rademacher 2007-3082 PL1927 EXHIBIT INVENTORY CONTROL SHEET Case USR#1616 - DONALD SACK, CIO MOUNTAIN STATES LINE CONSTRUCTORS JATC 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 07/17/2007) D. Clerk to the Board Notice of Hearing (Filed under Legals) E. Planning Staff Certification and Photo of sign posting F. Applicant E-mail from John Spillane, dated 07/18/2007 G. Applicant Well Permit #66002, dated 07/17/2007 H. J. K. L. M. N. O. P. Q. R. S. T. U. V. 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