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Home My WebLink About20071536.tiff HEARING CERTIFICATION DOCKET NO. 2007-44 RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1591 FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (OUTDOOR STORAGE FOR TRUCKS, TRAILERS, RECREATIONAL VEHICLES, BOATS,AND EQUIPMENT)IN THE A(AGRICULTURAL)ZONE DISTRICT-GIB SMITH A public hearing was conducted on June 20, 2007, at 10:00 a.m., with the following present: Commissioner David E. Long, Chair Commissioner William H. Jerke, Pro-Tern Commissioner William F. Garcia Commissioner Robert D. Masden - EXCUSED 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 June 1,2007,and duly published June 6,2007,in the Fort Lupton Press,a public hearing was conducted to consider the request of Gib Smith for a Site Specific Development Plan and Use by Special Review Permit#1591 for a Use Permitted as a Use by Right,Accessory Use,or Use by Special Review in the Commercial or Industrial Zone Districts (outdoor storage for trucks, trailers, recreational vehicles, boats, and equipment) in the A (Agricultural)Zone District. Bruce Barker, County Attorney, made this a matter of record. Chair Long advised Gib Smith,applicant,that he has the option of continuing this matter to a date when the full Board will be present. However, if he decides to proceed today, it will require three affirmative votes, or in the case of a tie vote, Commissioner Masden will listen to the record and make the determining vote. Mr. Smith indicated he would like to proceed today. 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 property is currently in violation for the presence of equipment without the appropriate zoning permit, and if the USR request is denied,staff requests the property owner be allowed 30 days to clear the site before proceeding with legal action. Ms. Martin described the surrounding land uses,and stated staff did receive one letter from a surrounding property owner expressing opposition and stating the site is an eyesore from their property. She stated the applicant has submitted a Screening Plan proposing a six-foot privacy fence, and the Conditions of Approval and Development Standards will help ensure compatibility with the area. She further stated the site is within the three-mile referral area for the Town of 2007-1536 PL1900 fi ?A, /210 /fZ_ 07-05-1-'7 HEARING CERTIFICATION - GIB SMITH (USR #1591) PAGE 2 Platteville and the City of Fort Lupton. Ms. Martin stated the Town of Platteville, in a referral response letter dated December 13,2006,stated if Commercial/Industrial oriented uses are to be granted, the applicant should not be allowed to build a house on the property. However, Section 23-3-20.A of the Weld County Code does allow for one single family dwelling unit and auxiliary quarters per legal lot in the A(Agricultural)Zone District. She stated the City of Fort Lupton, in a referral response dated December4,2006, indicated no conflicts with its interests. She further stated 16 referral agencies reviewed the proposal, 12 responded favorably or provided comments that have been addressed in the Conditions of Approval and Development Standards, and she displayed photographs of the site and surrounding land uses. In response to CommissionerJerke, Ms. Martin stated the site is 35 acres, the applicant has completed a Recorded Exemption subsequent to the submittal of the USR application, and the business will only affect the southern lot, which also results in much less frontage along U.S. Highway 85. Char Davis, Department of Public Health and Environment, stated the site has a commercial well, and a septic system will handle the effluent flow. Donald Carroll, Department of Public Works, stated the site is accessed from County Road 22.5 along the southern property boundary. He stated the U.S. Highway 85 Corridor Plan identifies the intersection at County Road 22.5 as a right-in/right-out turn lane. Mr.Smith referenced Condition of Approval#1.B.5 and stated curb stops are not needed since the site will be enclosed with a fence, and he added they do not effectively work due to the size of the equipment. Mr. Carroll stated he is comfortable with removing the curb stop requirement as long as the parking spaces are identified on the plat. He further stated the reference to paving can also be removed,and he proposed modifying the last sentence of Condition of Approval#1.B.5 to state, "Each parking space shall be designated on the plat." The Board concurred with the modification. In response to CommissionerJerke,Mr.Smith stated most of the equipment is his own equipment which is stored between jobs,and he does use the shop for minor maintenance. He further stated he is farming Lot A of the Recorded Exemption, so he also stores his farm equipment, as well as his private boats and campers. Mr.Smith stated he included the request for storage of recreational vehicles and boats to cover his personal storage,as well as provide an option to expand the use in the future if he so chooses. Responding further to Commissioner Jerke, Mr. Smith displayed a sample of the fencing material he has proposed in the Screening Plan, and he stated the river is located east of his property and U.S. Highway 85 is at the same elevation as the site. Commissioner Jerke expressed concern with allowing unsightly uses along the U.S. Highway 85 corridor. Mr.Smith stated his property boundary is 500 feet west of U.S.Highway 85. Responding further to Commissioner Jerke, Ms. Martin stated the Site Plan will detail the location of the structures, and she displayed an oversized Site Plan map for the Board (included in the case file under Maps). No public testimony was offered concerning this matter. Responding to Chair Long, Mr. Smith stated he has reviewed,and concurs with,the Conditions of Approval and Development Standards, as proposed and modified. 2007-1536 PL1900 HEARING CERTIFICATION - GIB SMITH (USR#1591) PAGE 3 Commissioner Jerke moved to approve the request of Gib Smith for a Site Specific Development Plan and Use by Special Review Permit#1591 for a Use Permitted as a Use by Right,Accessory Use,or Use by Special Review in the Commercial or Industrial Zone Districts(outdoor storage for trucks, trailers, recreational vehicles, boats, and 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 Development Standards as entered into the record. His motion included the modification to Condition of Approval#1.6.5. (Clerk's Note: Condition of Approval#1.6.6 was also modified to remove the reference to curb stops.) The motion was seconded by Commissioner Garcia,and it carried unanimously. There being no further discussion,the hearing was completed at 10:25 a.m. This Certification was approved on the 25th day of June 2007. APPROVED: i . ��' ELD COUNTY,BOARD OF COUNTY COMMISSIONERS COLORADO ELMATTEST: : �� mizr, CUSED DATE OF APPROVAL Weld County Clerk to the B .i,. • " B ' ` vid E. Long, Chair ' : �.1 . \i, ''t[57,— � ` Hrk , ' o- em BY: 6 De ty rk to the and Willis F. Garcia TAPE #2007-18 EXCUSED Robert D. Masden DOCKET#2007-44 cRr ouglas ademache 2007-1536 PL1900 EXHIBIT INVENTORY CONTROL SHEET Case USR#1591 - GIB 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 02/20/2007) D. Clerk to the Board Notice of Hearing (Filed under Legals) E. Planning Staff Memo re: Items Prior to Scheduling, dated 05/01/2007 F. 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