HomeMy WebLinkAbout20073081.tiff HEARING CERTIFICATION
DOCKET NO. 2007-76
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1613
FORA USE PERMITTED AS A USE BY RIGHT,ACCESSORY USE,OR USE BY SPECIAL
REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (GUTTER
BUSINESS) IN THE A(AGRICULTURAL) ZONE DISTRICT -WARREN AND DEBORAH
SMITH
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, Michelle Martin
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 Warren
and Deborah Smith for a Site Specific Development Plan and Use by Special Review Permit#1613
for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts(gutter business)in the A(Agricultural)Zone District. Bruce
Barker, County Attorney, made this a matter of record. Michelle Martin, 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. She stated the applicant is currently in violation for operating the business without the
appropriate permit, therefore, if the request is denied, staff recommends delaying legal action
for 30 days to allow adequate time to remove the business from the site. Ms. Martin stated the
property is within the three-mile referral area for the City of Dacono, Towns of Erie and Frederick,
City and County of Broomfield, and Boulder County. She stated the Town of Erie indicated no
conflict with its interests. She further stated the Town of Frederick indicated the proposal should
be located within a municipal boundary; however, the Town further stated it is not opposed to the
use, nor is there interest in completing annexation for the subject site. She further stated the
Colorado Geological Survey indicated no conflicts with its interests, and the Erie Airport Authority
did not respond. Ms. Martin reviewed the surrounding land uses, and stated staff received one
letter from a surrounding property owner indicating no major opposition to the proposal. She
stated 21 referral agencies reviewed the proposal, and 12 responded favorably or provided
comments that have been addressed in the Conditions of Approval and Development Standards.
She stated the site has an existing residence, the business operates north of the residence in the
center of the site, and she displayed photos of the site and surrounding area. In response to
2007-3081
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HEARING CERTIFICATION -WARREN AND DEBORAH SMITH (USR #1613)
PAGE 2
Commissioner Masden, Ms. Martin stated the site is 3.45 acres in size, the application does not
propose to split the house from the business, and staff has requested 34 parking spaces, two of
which meet the Americans with Disabilities Act (ADA) requirements.
Char Davis, Department of Public Health and Environment,stated the property receives water from
the Left Hand Water District, and the home is serviced by a septic system. She stated the septic
system will need to be reviewed by an engineer to ensure the restroom in the home can be used
by the employees, since they are only on the site on a limited basis.
Donald Carroll, Department of Public Works, stated the site is located west of County Road 7,
south of County Road 12, both of which are paved arterial roads requiring 140 feet of right-of-way
at full buildout. He stated the Town of Erie has annexed County Road 7, which has an average
daily traffic count of 1,000 vehicles, and County Road 12 averages 165 vehicles per day.
Mr. Carroll stated the main access is located on the east side of the property, and the primary
parking for the business is north of the home, with additional room for parking, if needed. He
stated the access and parking area are surfaced with gravel, and staff has requested the applicant
close the field access. In response to Commissioner Rademacher, Mr. Carroll verified Condition
of Approval #1.A.4 is correct in requiring 70 feet of right-of-way adjacent to the subject property.
Dan Vela, General Manager of Front Range Seamless Gutter,represented the applicant and stated
the easement on the corner of the property will be relocated in accordance with setbacks. In
response to Commissioner Jerke, Mr. Vela stated the site is one mile south of State Highway 52.
No public testimony was offered concerning this matter. In response to Chair Long, Mr.Vela stated
he and the applicant have reviewed,and concur with,the Conditions of Approval and Development
Standards, as proposed.
Commissioner Rademacher moved to approve the request of Warren and Deborah Smith for a Site
Specific Development Plan and Use by Special Review Permit#1613 for a Use Permitted as a Use
by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts
(gutter business) 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. The motion was seconded by Commissioner Masden, and
it carried unanimously. There being no further discussion, the hearing was completed at
10:35 a.m.
2007-3081
PL1926
HEARING CERTIFICATION - WARREN AND DEBORAH SMITH (USR#1613)
PAGE 3
This Certification was approved on the 24th day of September 2007.
APPROVED:
x Eta B RD OF COUNTY COMMISSIONERS
I' LD CO TY C LORADO
ATTEST: � � 5'
' vid E. Long, Chair
Weld County Clerk to the Board ,9,
BY:K , Oa/ 6( 16.,(6":
C 6 William H. 7C PPro-Tem
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De y Cler o the Board i-4
W' iam F. Garcia
TAPE #2007-27 \ W
Ro` e D. Masden
DOCKET#2007-76 $7Imn d ✓
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2007-3081
PL1926
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1613 -WARREN AND DEBORAH SMITH
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
and 06/19/2007)
D. Clerk to the Board Notice of Hearing (Filed under Legals)
E. Planning Staff Certification and Photo of sign posting
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