HomeMy WebLinkAbout20071216.tiff HEARING CERTIFICATION
DOCKET NO. 2007-34
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1581
FOR A HOME BUSINESS (LANDSCAPING BUSINESS AND STORAGE OF
LANDSCAPING EQUIPMENT) IN THE A (AGRICULTURAL)ZONE DISTRICT - THAO
ALEX NGUYEN
A public hearing was conducted on May 16, 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, Jennifer VanEgdom
County Attorney, Bruce Barker
Planning Department representative, Kim Ogle
Health Department representative, Char Davis
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated April 27,2007,and duly published May 2, 2007, in the
Fort Lupton Press, a public hearing was conducted to consider the request of Thao Alex Nguyen
for a Site Specific Development Plan and Use by Special Review Permit #1581 for a Home
Business(landscaping business and storage of landscaping equipment)in the A(Agricultural)Zone
District. Bruce Barker, County Attorney, made this a matter of record. Kim Ogle, 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
approximately 4.7 acres in size, and is currently in violation for the operation of a landscaping
business without the appropriate permit. He stated if the application is approved, it will correct the
violation; however, if the application is not approved, the matter will be referred to the County
Attorney's Office, with delayed action for 30 days. He stated the site is located south of County
Road 4, and east of County Road 7, and Johnson Lane is a paved road. He further stated the site
is located within the three-mile referral area for the Cities of Dacono and Northglenn, the Town of
Erie, and the Counties of Adams and Broomfield. He stated the Town of Erie stated no conflicts
with its interests, and the other municipalities and Counties did not return a referral response.
Mr. Ogle stated the site is surrounded by single family residences in all directions, and the parcel
is located within the Ranch Eggs, Inc. Subdivision. He stated the property is fenced along the
western boundary, and partially fenced along the eastern and northern boundaries. Mr. Ogle
displayed photographs of the site, and stated the site is serviced with water from the Left Hand
Water District, and a septic system handles the effluent flow. He stated one letter was received
from a surrounding property owner and several property owners provided testimony at the Planning
Commission hearing regarding composting of materials on the site. He further stated the applicant
has complied with the requirement to remove the berms and composting materials on the site. Mr.
Ogle requested Condition of Approval#1.B be deleted since the applicant has provided a recorded
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HEARING CERTIFICATION - THAO ALEX NGUYEN (USR #1581)
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deed for the property, and he requested Condition of Approval #1.E be deleted since staff has
received correspondence from the Mountain View Fire Protection District stating all concerns have
been addressed. The Board concurred with the deletion of Conditions of Approval#1.B and#1.E.
In response to Commissioner Masden, Mr. Ogle stated the property is 4.75 acres in size, and the
applicant formerly had berms placed on the property to provide privacy from surrounding property
owners. He further stated the applicant was also conducting illegal composting activities, and the
neighbors had concerns regarding the odor. He further stated the Planning Commission required
the applicant to remove the composting piles,and the applicant has effectively removed the items
from the property. Further responding to Commissioner Masden, Mr. Ogle stated Development
Standard#20 states no composting shall be allowed on the site. He further stated the applicant
stores piles of gravel and rock on the site,and he has installed an opaque fence for screening from
adjacent properties and rights-of-way.
Char Davis, Department of Public Health and Environment, stated the site is serviced with water
from the Left Hand Water District, and a permitted septic system has been installed for the
residence. She stated the applicant is required to provide a Dust Abatement Plan and Waste
Handling Plan, as addressed in Conditions of Approval #1.F and #1.G.
Don Carroll, Department of Public Works, stated the site is accessed from Johnson Lane, and the
general vicinity of the area is north of State Highway 7. He stated the City of Broomfield surrounds
the Ranch Eggs, Inc. Subdivision, the existing access is gated, and there is adequate circulation
on the site. He further stated the applicant has cleaned up the property,and he has no outstanding
concerns.
Alex Nguyen,applicant,stated he has worked hard to complete the requirements that staff has given
him, and his site is now one of the best looking properties in the neighborhood. He stated the
fencing has been installed to provide screening,and the vehicles associated with the business only
enter and exit the property two times per day. He stated the trucks are started between 7:30 and
8:00 a.m. in the morning, leave the site to travel to job sites, and then return at 5:00 p.m., to be
parked overnight at the site. He further stated he has placed new gravel on the access drive and
he is willing to provide spray treatment if dust becomes an issue. He stated a large trash container
is located at the back of the property, and it is emptied by the trash company as necessary. In
response to Commissioner Masden, Mr. Nguyen stated there are no retail sales completed from the
site, and only small piles of gravel are kept on the site for various upcoming jobs. Responding to
Commissioner Rademacher,Mr. Nguyen stated there are no full-time employees on the site, he only
employs one part-time laborer. He further stated he cut down several trees on the property several
years ago, and then burned them; however, he will not be completing burning activities on the site
anymore. Ms. Davis clarified Development Standard#19 states there shall be no open burning on
the site. In response to Commissioner Garcia, Mr. Nguyen stated the only early morning noise
generated on the site is when the trucks are started in the morning and driven off the property. He
further stated the trucks normally return to the site around 5:00 p.m. Chair Long commented that
no actual activity is taking place at the site,and he does not believe the applicant needs to be limited
to hours of operation, and Commissioner Rademacher concurred. Commissioner Rademacher
moved to delete Development Standard#6. The motion was seconded by Commissioner Jerke,
and it carried unanimously.
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HEARING CERTIFICATION - THAO ALEX NGUYEN (USR #1581)
PAGE 3
No public testimony was offered concerning this matter.
In response to Chair Long, Mr. Nguyen stated he has reviewed, and concurs with, the Conditions
of Approval and Development Standards, as amended.
Commissioner Garcia moved to approve the request of Thao Alex Nguyen for a Site Specific
Development Plan and Use by Special Review Permit#1581 for a Home Business (landscaping
business and storage of landscaping equipment)in the A(Agricultural)Zone District, based on the
recommendations of the Planning staff and the Planning Commission, with the Conditions of
Approval and DevelopmentStandards as entered into the record. His motion included the deletion
of Conditions of Approval #1.B and #1.E and Development Standard #6, and the necessary
renumeration. 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 21st day of May 2007.
APPROVED:
_�® BOARD OF COUNTY COMMISSIONERS
���"�fWEUNTY, COLORADO
ATTEST: �. cLnA
vid E. Long, Chair
Weld County Clerk to the
BY: itt" J /a r VVilliam H. Jetke Tem
De t Clerk to the Board jL CC 2
Willi F. Garcia
TAPE #2007-14
Robert D. Masden
DOCKET#2007-34
ouglas ademacher
2007-1216
PL1892
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1581 -THAO ALEX NGUYEN
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 11/21/2006)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Memorandum re: Items prior to Scheduling,
dated 04/11/2007
F. Planning Staff E-mail from LuAnn Penfold, dated
05/15/2007
G. Planning Staff Certification and photo of sign posting
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