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HomeMy WebLinkAbout20070725.tiff HEARING CERTIFICATION DOCKET NO. 2007-20 RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1578 FOR A BUSINESS PERMITTED AS A USE BY RIGHT OR ACCESSORY USE IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (CONFERENCE CENTER, WEDDINGS, WEDDING RECEPTIONS, WEDDING SEMINARS, MEETINGS, LIFE CELEBRATIONS,REUNIONS,BRIDALSHOWERS,BABYSHOWERS,BAR MITZVAHS, MUSIC RECITALS, WAKES, AND COMMUNITY GATHERINGS) IN THE A (AGRICULTURAL) ZONE DISTRICT - SHAWN SARCHET A public hearing was conducted on April 11, 2007, at 10:00 a.m., with the following present: Commissioner David E. Long, Chair- EXCUSED 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, Jenny VanEgdom County Attorney, Bruce Barker Planning Department representative, Michelle Martin Health Department representative, Char Davis Public Works representative, Don Carroll The following business was transacted: I hereby certify that pursuant to a notice dated March 23,2007,and duly published March 28,2007, in the Fort Lupton Press,a public hearing was conducted to consider the request of Shawn Sarchet for a Site Specific Development Plan and Use by Special Review Permit#1578 for a Business Permitted as a Use by Right or Accessory Use in the Commercial or Industrial Zone Districts (conference center,weddings,wedding receptions,wedding seminars, meetings, life celebrations, reunions, bridal showers, baby showers, bar mitzvahs, music recitals, wakes, and community gatherings)in the A(Agricultural)Zone District. Bruce Barker, CountyAttomey, made this a matter of record, and advised the applicant's representative, Joseph Engels, that he has the option of continuing the matter to a date when the full Board will be present; however, if he decides to proceed today, it will require three affirmative votes. Mr. Engels indicated he would like to proceed today. Michelle Martin, 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 south of Weld County Road 32 and east of Weld County Road 29, and the surrounding properties are primarily agricultural in nature with several residential homes. She stated a letter was received from a surrounding property owner; however, the property owner did not submit their name or address. She stated the letter contained concerns regarding additional traffic, use compatibility, and adequacy of water. She further stated the applicant has submitted an illustration for the proposed sign at the facility,which is 12 feet by 8 feet in size, and the sign will be placed at the entrance on Weld County Road 32. She stated the Department of Planning Services 2007-0725 PL1880 HEARING CERTIFICATION - SHAWN SARCHET (USR#1578) PAGE 2 is in support of the proposed sign. Ms.Martin stated fifteen referral agencies reviewed the request, and she displayed photographs of the site. In response to Chair Pro-Tem Jerke, Ms.Martin stated the site is approximately eight acres in size. She further stated Kerr-McGee Oil and Gas OnShore submitted a letter of objection, marked Exhibit L, regarding a Surface Use Agreement. (Clerk's Note: Exhibit L misplaced at hearing and not included in the file.) Char Davis, Department of Public Health and Environment, stated the site will be serviced by a commercial well and a septic system. She stated the applicant is required to provide a Dust Abatement Plan and a Waste Handling Plan. In response to Commissioner Garcia, Ms. Davis stated an orchard will be located on the property; however, she is not aware of the irrigation information. Responding to Chair Pro-Tem Jerke, Ms. Davis stated the septic system must be sized to accommodate the maximum number of people allowed in the building at one time. She further stated the maximum number for the facility is approximately 175 people. Don Carroll, Department of Public Works, stated the site is accessed from Weld County Road 32, and the access will branch off of the existing access to the existing residence. He further stated a new access will be granted near the center of the property,and staff is in support of both accesses. He further stated Weld County Road 32 is maintained by the County, and it has an average daily traffic count of approximately 700 vehicle trips per day. Mr. Carroll stated the applicant has been made aware that future expansion of the Columbine Parkway is planned within the surrounding area of the facility; however, the alternate routes for expansion will not affect access to the facility. In response to Chair Pro-Tem Jerke, Mr. Carroll stated both accesses will be located at appropriate locations,and will not cause site distance issues. He further stated the accesses will create a loop for ingress and egress purposes. Mr. Engels gave a brief summary of the applicant's plans to operate a reception center for the area surrounding the Town of Platteville. He stated Dan Miller, Land Design Studio, has designed the landscaping, including the proposed pond water feature. He stated the facility will accommodate small weddings and receptions, and the design style of the building is similar to a gazebo. He further stated the building will be full masonry and maintenance-free, and a large deck will wrap around the building which will tie into an outdoor gazebo. Mr. Engels stated David Sarchet is the father of the applicant, and Mr. Sarchet has farmed in the area for a very long time, and is in possession of over 52 shares of water for the irrigation of the small orchard. He stated seven of the eight mineral owners have signed an agreement stating no conflict with the proposed facility, and the only mineral owner to not sign an agreement is Kerr-McGee Oil and Gas OnShore, LP. He further stated he has attempted to contact Kerr-McGee since October 2006;however,an agreement has not been completed. He stated the company has not made any effort to respond to the request of a Surface Use Agreement, therefore, the applicant had Bill Crews develop a graph to depict where the oil and gas drilling envelopes would exist. He stated the facility is located outside of all the envelopes,therefore,the company may not drill or explore within the proposed area. He further stated the company has now provided a letter that they are not interested in drilling on the property. He stated a well currently exists on the site,and the septic system has been designed and has been approved by the Weld County Department of Public Health and Environment. In response to Commissioner Rademacher, Mr. Engels stated Manual Montoya of the Farmers Reservoir and Irrigation Company has stated he is not concerned with the easement since the property is located 2007-0725 PL1880 HEARING CERTIFICATION - SHAWN SARCHET (USR#1578) PAGE 3 over 100 feet from the ditch. Further responding to Commissioner Rademacher, Mr. Engels stated the stormwater drainage will be collected in an on-site detention system designed by Freese Engineering, and all runoff will be collected within the pond on the site. In response to Commissioner Garcia, Mr. Engels stated an on-site fire hydrant has been designed, and the concerns of the Platteville/Gilcrest Fire Protection District have been resolved. No public testimony was offered concerning this matter. Mr. Barker informed the applicant's representative that the poster provided will need to be submitted for the record,to be included as Exhibit N. In response to Chair Pro-Tem Jerke, Mr. Engels stated the current residence on the property is located approximately 400 feet from Weld County Road 32. Chair Pro-Tem Jerke stated that Kerr-McGee does not have a right to drill on the property due to setbacks;however,the company may choose to complete directional drilling. Mr. Barker stated his review of the letter confirms that Kerr-McGee has not completed an agreement because they have not spent the time to put together an agreement. In response to Commissioner Rademacher, Mr. Carroll stated an oil and gas facility is located at the intersection of Weld County Roads 32 and 29, which is a tank and battery. In response to Chair Pro-Tem Jerke, Mr. Engels stated he and the applicant have reviewed, and concur with,the Conditions of Approval and Development Standards as proposed. Responding to Chair Pro-Tem Jerke, Ms. Martin stated Condition of Approval#1.L has been satisfied since the applicant has made an adequate attempt by placing the drill envelopes on the plat. Commissioner Garcia moved to approve the request of Shawn Sarchet for a Site Specific Development Plan and Use by Special Review Permit#1578 for a Business Permitted as a Use by Right or Accessory Use in the Commercial or Industrial Zone Districts (conference center, weddings, wedding receptions, wedding seminars, meetings, life celebrations, reunions, bridal showers, baby showers, bar mitzvahs, music recitals, wakes, and community gatherings) 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 Rademacher, and it carried unanimously. There being no further discussion, the hearing was completed at 10:30 a.m. 2007-0725 PL1880 HEARING CERTIFICATION - SHAWN SARCHET (USR #1578) PAGE 4 This Certification was approved on the 16th day of April 2007. APPROVED: A, BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ilteil �� << n� �` XCUSED David E. Long, Chair Weld County Clerk to the oft} X1,,'1 x,.S6(7.1 ry Ir William H.„,)2r Pr Tem BY: 2in �r Dep Cler o the Board C' C William F. Garcia TAPE #2007-10 EXCUSED Robert D. Masden DOCKET#2007-20 Ma ) AAW bt l.5-- DouglasNademacher 2007-0725 PL1880 EXHIBIT INVENTORY CONTROL SHEET Case USR#1578 - SHAWN SARCHET 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 11/21/06) D. Clerk to the Board Notice of Hearing E. Planning Staff Memo re: Items Prior to scheduling, dated 03/06/07 F. Kerr-McGee Oil and Gas OnShore, LP Letter re: Surface Use Agreement, received 11/22/06 G. Applicant Letter re: Surface Use Agreement, dated 03/06/07 H. Applicant Letters re: Notice to Mineral Owners, dated 02/26/07 Planning Staff Sign Posting Certificate and Photo J. Applicant Letter re: Notice to Mineral Owners, dated 02/26/07 K. Applicant Letter re: Notice to Mineral Owners, dated 02/26/07 L. Kerr-McGee Oil and Gas OnShore, LP Letter, dated 04/09/07 (misplaced at hearing) M. Applicant Oversize Poster- Drawings of Building N. Applicant Schematic with drilling windows O. P. Q. R. S. \ r ~ 2 a @ @ e 2 \ tic ca 0 & e kz,a) i ! / ea w / - - c 7 � Et o & } } R \ 7 / 111 oi ° 0 � / 0 j W c . e_ o \ } ° 2 \ � 2 / z 0 (OF. a § / % o k2 / 2 I- a 2 / E a ® ]o El % 5 / U) ' 0 . K p & > — nO2 ) 2 2 2 ) � / 2 k2 � / E e _ ■ ■ @ Z CD -O g - E > -c 4- co ti / _ 0 • c q § ] § s O aS ' o , • 4- U 2 W CO = . . « # m § k �� c k ) � � � - N.--- ‘ .4-)* al m 2dd2 f 2 ww � w § 6 2 7 \ \ 2 � � � � ( 0000 a I ) Hello