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HomeMy WebLinkAbout20072625.tiff HEARING CERTIFICATION DOCKET NO. 2007-59 RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1612 FOR A HOME BUSINESS (VEHICLE REPAIR) IN THE A (AGRICULTURAL) ZONE DISTRICT- BRENT HAUGEN A public hearing was conducted on August 8, 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 Assistant County Attorney, Cyndy Giauque Planning Department representative, Jacqueline Hatch Health Department representative, Char Davis Public Works representative, Don Carroll The following business was transacted: I hereby certify that pursuant to a notice dated July 20,2007,and duly published July 25,2007,in the Fort Lupton Press,a public hearing was conducted to consider the request of Brent Haugen for a Site Specific Development Plan and Use by Special Review Permit#1612 for a Home Business (vehicle repair) in the A(Agricultural)Zone District. Cyndy Giauque, Assistant 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 site is located east of County Road15 and south of County Road 22,within the Casa Grande Estates Subdivision. She gave a brief description of the uses of surrounding properties, and stated the site is serviced with water from the Central Weld County Water District, and a septic system handles the effluent flow. She stated the site is currently in violation for operating as a vehicle repair facility without the proper permits;however,the violation has not yet been presented to the Board of County Commissioners. She clarified if the application is approved,the violation will be closed;however,if the application is denied,the violation process will continue. Ms. Hatch stated no letters have been received from surrounding property owners, and the site is located within the three-mile referral area for the Towns of Firestone and Frederick; however, neither Town returned a referral response. She stated the site is also located within the Intergovernmental Agreement boundary for the Town of Firestone and a notice of inquiry was sent in January, 2007,with no response from the Town. She reviewed Section 19-2-60.A of the Weld County Code for the record, and stated staff assumes the municipalities have no objection since a referral response was not returned. She further stated an Annexation Agreement with the Town of Firestone is required through Condition of Approval #1.K. Ms. Hatch stated the applicant will utilize the existing 7,200-square-foot structure on the site for vehicle repair,and an exterior storage yard will accommodate temporary storage of large items. She stated the storage yard is located behind the existing structure,and is screened from view,and no long-term storage is proposed on the site. She further stated nine referral agencies reviewed the request and five provided comments 2007-2625 PL1916 (I° ; PL, PIJ -/-- O1 -O, - 7 HEARING CERTIFICATION - BRENT HAUGEN (USR#1612) PAGE 2 which have been addressed within the Conditions of Approval and Development Standards. She stated the applicant has requested to utilize two employees at the site, and the Department of Planning Services does not object to the request. She requested the first sentence of Development Standard#3 be modified to state"Two additional employees are permitted." In response to Chair Long,Ms.Hatch stated only employee vehicles and personal vehicles of the applicant will be parked outside of the vehicle repair structure. Char Davis, Department of Public Health and Environment, stated the site is serviced with water from the Central Weld County Water District, and a septic system handles the effluent flow. She stated the septic system will need to be reviewed by an engineer to determine compliance with the proposed uses on the site. She further stated the applicant is required to submit a Waste Handling Plan, a Dust Abatement Plan, and an Air Pollution Emissions Notice (A.P.E.N.) and Emissions Permit application,due to the paint booth located on the site. Responding to Chair Long,Ms.Smith stated a septic system has been installed for the shop facility, and the residence also contains a septic system. Don Carroll, Department of Public Works,stated the site is accessed from Del Camino Lane,and the site contains a circle drive which provides access to the shop facility and the residence. He stated the access, parking, and circulation on the site are adequate, and Del Camino Lane is a paved road. Brent Haugen,applicant,stated he resides on the site,and he does not want to be a negative impact to the neighboring properties. He stated occasionally a car sits outside of the shop; however,the vehicles are generally kept indoors and the screened storage area is not visible from the street or neighboring properties. He clarified his personal yellow truck is located on the site,which is his way of providing identification to the site. He stated he currently averages approximately one customer per week,and if he were allowed to hire two additional employees, he could serve approximately three to four customers per week. He further stated the shop facility is not a mainstream business, and it will not generate a large amount of traffic. In response to Chair Long, Mr. Haugen stated he could continue to operate the shop without employing outside employees; however,he would not be able to take vacations. Responding to Commissioner Jerke, Mr. Haugen stated he provides collision work on vehicles within his body shop. He further stated the shop does contain a paint booth, which is state-of-the-art and compliant with strict emissions standards. He clarified the residence of the surrounding property owner to the west is closer to the shop building than his personal residence, and he works to keep the business environmentally friendly. In response to Commissioner Garcia,Mr.Haugen stated the Frederick/Firestone Fire Protection District completed a inspection of the site, and the necessary requirements that need to be implemented within the shop are all readily fixable. He clarified he will complete the necessary requirements once he gains approval from the Board. No public testimony was offered concerning this matter. Chair Long stated he is comfortable with the modification of Development Standard#3 as described by Ms. Hatch, and the Board concurred. In response to Chair Long, Mr. Haugen stated he has reviewed,and concurs with,the Conditions of Approval and Development Standards,as modified. 2007-2625 PL1916 HEARING CERTIFICATION - BRENT HAUGEN (USR#1612) PAGE 3 In response to Commissioner Masden, Ms. Smith stated the applicant is required to contact the Colorado Department of Public Health and Environment to determine if an A.P.E.N.and Emissions Permit are required. Commissioner Masden commented the State has recently become more stringent with air quality. Mr. Haugen stated he does not believe he will have trouble complying with the State regulations regarding air pollution, especially since he utilizes his paint booth less frequently than commercial body shops. Commissioner Garcia moved to approve the request of Brent Haugen for a Site Specific Development Plan and Use by Special Review Permit#1612 for Home Business(vehicle repair) 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 modification of the first sentence of Development Standard#3, as previously described. The motion was seconded by Commissioner Jerke, and it carried unanimously. There being no further discussion, the hearing was completed at 10:25 a.m. This Certification was approved on the 13th day of August 2007. APPROVED: kg. jas �� BOARD OF COUNTY COMMISSIONERS -17 010* �,� WE COUNTY, COLORADO ATTEST: 14411,I 432 11 cx A �p� . David E. Long, Chair Weld County Clerk to theUN - < William H Jer e, m De' ty Clef to the Board / William F. Garcia TAPE #2007-23 EXCUSED DATE OF APPROVAL Robert D. Masden DOCKET #2007-59 /as Douglas ademache 2007-2625 PL1916 EXHIBIT INVENTORY CONTROL SHEET Case USR#1612 - BRENT HAUGEN 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 06/19/2007) D. Clerk to the Board Notice of Hearing (Filed under Legals) E. Planning Staff Certificate and photo of sign posting F. G. H. J. K. L. M. N. O. P. Q. R. S. T. U. V. / \ a)co 9c $ 0 � j L / \ G % j ] r / N \ � 5 \ G » / \ 4. \4 � / CI 4.: ° \ � \ 7 ce k v it \ f a fLII R:r a CD \ \ � / \ / w § f $ \ ) \ z $ 0 2 If 2 : a % g o 2 �I . | w \ q � k Z $ \ \ S \ / i- f 2J f S ) 0 � / § } � / § ° \ \ 0.4 / � / CC CO S § 0 « - \� , V _ x E Di 1-I co co z �k k Is ' ° 4- § 2 \ g 3 L care } / » Al % �� � 4�co / 0 \ \ � A � \ to m ° m 5 % k O4 < w ,_ w § w k p = % � 2 000 § 2 n4 I 000 a Hello