HomeMy WebLinkAbout20073645.tiff HEARING CERTIFICATION
DOCKET NO. 2007-97
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1621
FOR A HOME BUSINESS (PARKING OF THREE (3) SEMI-TRUCKS AND FOUR (4)
TRAILERS) IN THE A (AGRICULTURAL) ZONE DISTRICT- MARY LEE HARDY
A public hearing was conducted on December 12, 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
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
County Attorney, Bruce Barker
Planning Department representative, Chris Gathman
Health Department representative, Char Davis
Public Works representative, David Snyder
The following business was transacted:
I hereby certify that pursuant to a notice dated November 21, 2007, and duly published
November 28, 2007, in the Fort Lupton Press, a public hearing was conducted to consider the
request of Mary Lee Hardy for a Site Specific Development Plan and Use by Special Review
Permit #1621 for a Home Business (parking of three (3) semi-trucks and four (4) trailers) in the
A(Agricultural)Zone District. Bruce Barker, County Attorney, made this a matter of record. Chris
Gathman, 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 currently in violation for the operation of a commercial business without the proper
Use by Special Review Permit. He further stated approval of the permit application by the Board
will bring the site into compliance; however, if the permit application is denied, staff recommends
the case be forwarded to the County Attorney's Office, with a delay in legal action for 30 days. He
further stated the site is located 1,100 feet north of State Highway 392, adjacent to County Road
61.5. Mr. Gathman indicated eight referral agencies reviewed the proposal, and six agencies
responded with comments that have been addressed through the Conditions of Approval and
Development Standards. He stated the site is located within the unincorporated Townsite of
Barnesville and is approximately five acres in size, and he gave a brief description of the
surrounding land uses. He explained that the business must meet the criteria listed in
Section 23-1-90 of the Weld County Code, regarding a Home Business, since the site is located
within an unincorporated townsite, and he reviewed the criteria for the record. Mr. Gathman stated
the Planning Commission determined that screening shall not be required for this home business.
He displayed photographs of the site, and indicated the existing improvements located on the
western portion of the site, including a garage building, residence, and gravelled parking area for
the trucks on the site. He stated three letters of support were received from surrounding property
owners, and no letters of opposition were received prior to the Planning Commission hearing.
Commissioner Garcia stated the file contains a letter from David and Donna Strohauer, dated
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HEARING CERTIFICATION - MARY LEE HARDY (USR#1621)
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December 2, 2007, which indicates a concern regarding the lighting on the site. Mr. Gathman
indicated he will allow the applicant to address the concerns regarding the lighting.
Char Davis, Department of Public Health and Environment, stated a minimal number of employees
will access the site in the mornings to pick up the semi-trucks, and return in the evenings to park
the trucks. She stated staff has requested that the septic system be evaluated by a Colorado
registered professional engineer, and that bottled water be provided for the employees. In
response to Commissioner Masden, Ms. Davis indicated the applicant will not be required to submit
a Dust Abatement Plan, as the access and parking areas are already surfaced with gravel. She
further stated she is not aware if the site is located within a Non-Attainment Area.
David Snyder, Department of Public Works, stated the site accesses a local gravel road for a short
distance before reaching State Highway 392. He stated the traffic generated by this site will create
a minimal impact,the average daily traffic count is approximately 30 vehicle trips per day,therefore,
dust abatement will not be required. He further stated the applicant will be required to provide
adequate turning radii at the entrance to the site.
Mary Lee Hardy, applicant, stated she was not aware that a letter of concern was submitted by
David and Donna Strohauer,and Chair Long read the letter, marked Exhibit E, into the record. Ms.
Hardy indicated she does not remember discussing the light situation with her neighbors; however,
she will contact the Strohauers to discuss the lighting concerns, and is not opposed to adjusting
the light on the shed. She expressed her concerns regarding Criteria of Approval #2.c.1, and
stated the home business will not be primarily conducted within the dwelling unit or accessory
structure. She indicated she is aware that she must complete a Change of Use application for the
structure on the site, which she intends to do in the near future. In response to Ms. Hardy, Mr.
Barker indicated the language is not listed as a Condition of Approval,therefore, he recommended
the language listed in Criteria of Approval #2.c.1 be removed from the resolution. Mr. Gathman
indicated the language was originally placed within the resolution to indicate the site was located
within an unincorporated townsite and did meet the criteria of a home business. He reiterated the
Planning Commission made the determination that it is not necessary to provide screening on the
site. In response to Chair Long, Mr. Barker stated the language is question is not applicable since
the principal use of the home business will not take place within the residence. Mr. Gathman
clarified the Home Occupation designation requires that all aspects of a business take place within
a residential dwelling unit; however,the Home Business designation allows for uses in outbuildings,
or outside of the residential dwelling unit. Following discussion between Mr. Barker and the Board,
the Board concurred with the removal of the language contained within Criteria of Approval#2.c.1.
Ms. Hardy stated she is aware that the septic system will have to be reviewed, and she indicated
the well water is only utilized for household uses, and drinking water for the residence is hauled in
separately. Responding to Commissioner Masden, Ms.Hardy indicated the semi-trucks are utilized
to move oil drilling rigs and equipment, and the trucks are parked at the site overnight. She further
indicated no other equipment is brought to the property. Chair Long indicated he has driven by the
site on numerous occasions, and he concurred the applicant does not store any equipment on the
site other than the semi-trucks, and the site is well maintained.
No public testimony was offered concerning this matter.
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HEARING CERTIFICATION - MARY LEE HARDY (USR#1621)
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Mr. Gathman indicated Development Standard #3 contains language similar to the language
removed from Criteria of Approval #2.c.1, therefore, he recommended the language listed in
Development Standard #3 be modified to be consistent. Ms. Hardy indicated she would like to
avoid future issues that might arise with a complaint that the business is not conducted within a
dwelling unit or structure. Mr. Barker recommended the language in Development Standard#3 be
modified to state: "This use shall substantially meet the criteria of a Home Business, per Section
23-1-90 of the Weld County Code." The Board concurred with Mr. Barker's recommendation.
Commissioner Jerke indicated the lighting concern needs to be specifically addressed within the
resolution. Mr. Gathman indicated a Lighting Plan for the site is not required; however, through
Development Standard#24, the applicant is required to comply with Section 23-2-250 of the Weld
County Code, which he reviewed for the record. Following discussion among the Board, Mr.
Gathman recommended the addition of a new Condition of Approval #1.D to state, "The applicant
shall provide written evidence to the Department of Planning Services indicating the lighting
concerns on the site have been mitigated," and the required renumeration. The Board concurred
with Mr. Gathman's recommendation.
In response to Chair Long, Ms. Hardy indicated she has reviewed,and concurs with,the Conditions
of Approval and Development Standards, as modified.
Commissioner Jerke moved to approve the request of Mary Lee Hardy for a Site Specific
Development Plan and Use by Special Review Permit#1621 for a Home Business(parking of three
(3) semi-trucks and four (4) trailers) in the A (Agricultural) Zone District, based on the
recommendations of Planning staff and the Planning Commission,with the Conditions of Approval
and Development Standards as entered into the record, including the modifications to Condition
of Approval #1.D and Development Standard #3, as previously discussed. The motion was
seconded by Commissioner Rademacher. Chair Long reiterated he drives by the site on a regular
basis, and he is in support of the application since there are no outstanding issues at the site.
There being no further discussion,the motion carried unanimously, and the hearing was completed
at 10:45 a.m.
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HEARING CERTIFICATION - MARY LEE HARDY (USR#1621)
PAGE 4
This Certification was approved on the 17th day of December, 2007.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WEL COUNTY, COLORADO
li / 1E
ATTEST: ai�� /C�%� ��
vi . Long, Chair
Weld County Clerk to the Board 1861 rPtA
e, L �� H. Jerke ro-Tem
BY:
Deputy Clerk to the Board J ,\
iam F. Garc a
Robert D. Masden / ^
Douglas J=tademac
2007-3645
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EXHIBIT INVENTORY CONTROL SHEET
Case USR#1621 - MARY LEE HARDY
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 11/06/2007)
D. Clerk to the Board Notice of Hearing (Filed under Legals)
E. David and Donna Strohauer Letter of Concern, dated 12/2/2007
F. Planning Staff Certificate of Sign Posting
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