HomeMy WebLinkAbout20060063.tiff HEARING CERTIFICATION
DOCKET NO. 2006-01
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1535
FOR A BUSINESS PERMITTED AS A USE BY RIGHT OR USE BY SPECIAL REVIEW
IN THE COMMERCIAL ZONE DISTRICT (OFFICE WITH A GROSS FLOOR AREA
LARGER THAN THREE THOUSAND (3,000) SQUARE FEET, OUTDOOR STORAGE,
AND MAINTENANCE OF EQUIPMENT) IN THE A(AGRICULTURAL)ZONE DISTRICT-
WAYNE AND PATRICIA MEDLIN
A public hearing was conducted on January 4, 2006, at 10:00 a.m., with the following present:
Commissioner M. J. Geile, Chair
Commissioner David E. Long, Pro-Tem
Commissioner William H. Jerke
Commissioner Robert D. Masden
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Jacqueline Hatch
Health Department representative, Char Davis
Public Works representative, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated December 16, 2005, and duly published
December 21, 2005, in the Fort Lupton Press, a public hearing was conducted to consider the
request of Wayne and Patricia Medlin for a Site Specific Development Plan and Use by Special
Review Permit#1535 for a Business Permitted as a Use by Right or Use by Special Review in the
Commercial Zone District(office with a gross floor area larger than three thousand(3,000)square
feet, outdoor storage, and maintenance of equipment) in the A(Agricultural) Zone District. Lee
Morrison,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 gave a brief
description of the location of the site, which consists of 5.2 acres with an old school house. She
also described the surrounding land uses, and stated the site will be serviced by a septic system
and an individual well. Ms. Hatch stated eleven referral agencies reviewed this proposal,two had
no comment, six responded favorably or provided comments that have been addressed in the
Conditions of Approval and Development Standards,and she received no correspondence from the
West Adams Soil Conservation District,Adams County,the Fulton Ditch Company,or surrounding
property owners. Responding to Commissioner Masden, Ms. Hatch stated the City of Fort Lupton
has annexed properties surrounding the subject site along the west side of Weld County Road 27
south to Weld County Road 6. In response to Commissioner Vaad, Ms. Hatch stated the existing
well is old; however, it is approved for the proposed use. She further stated the applicant can
address the issue of annexation,and she explained the school building has not been designated as
a historical building.
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HEARING CERTIFICATION - WAYNE AND PATRICIA MEDLIN (USR#1535)
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Char Davis, Department of Public Health and Environment, stated the well is designated for
commercial use, and the applicant has applied for a septic permit.
Donald Carroll, Department of Public Works, stated the site is accessed from Weld County
Road 27,which is classified as a major arterial. He stated the existing southern access is permitted
through an ingress/egress access easement to cross the property to the south. He further stated
there will be a new culvert for the Fulton Ditch under the northern access. Mr.Carroll stated he has
requested the applicant reserve the necessary right-of-way for the future expansion of a major
arterial, which means no structures should be allowed in that area. He stated Weld County
Road 27, between Fort Lupton and Brighton, has an average daily traffic count of 4,000 to 9,000
vehicles, and the outdoor storage area will be surfaced with gravel. In response to Chair Jerke,
Mr. Carroll stated a major arterial requires 140 feet of right-of-way,and Weld County Road 27 is a
strategic roadway. Responding to Commissioner Masden, Ms. Hatch stated there will be solid
fencing with decorative brick pillars.
Wayne Medlin,applicant,stated he will constructa solid wood fence in front of the storage area and
a rod iron fence south of the access to the office area, and the west side is blocked by an existing
fence. He explained at one time Lot A did belong to the school,and the ingress/egress easement
crossing Lot A is part of his deed. He further stated the property owner of Lot A will have to access
his property to work on the residential leach field. He further stated there are monthly meetings of
the Independence School Alumni,and he intends to have an open house for old students to tour the
new facility. Responding to Commissioner Vaad,Ms.Hatch stated the Fort Lupton Fire Protection
District has requested an opportunity to review the plans. Mr. Medlin stated he has replaced all of
the original plaster, as well as the flooring, to install radiant floor heat. He stated a professional
hardwood flooring company found no evidence of oil soaking into the substructure when they
removed the old floor and installed a new hardwood oak-varnished floor. He further stated he will
have 150 to 200 field employees,and 14 to 18 office staff,which includes the staff in the warehouse.
No public testimony was offered concerning this matter. In response to Commissioner Geile,
Mr. Medlin stated he has reviewed and concurs with the Conditions of Approval and Development
Standards,with the exception of Condition of Approval#1.F,since the ingress/egress is addressed
in his property deed. Ms. Hatch stated the requirement was included due to the proposed change
in use. In response to Mr. Carroll, Mr. Morrison stated the Recorded Exemption plat reflects the
access easement, which is sufficient basis for the Board to accept the situation as accurate and
adequate. He further stated sufficient notice was given to the neighborto address the issue if there
were concerns. Chair Jerke commented he is in favor of removing the Condition since it gives veto
power to a third party, and the neighbor chose not to participate although they did receive
notification. Responding to Mr. Medlin, Ms. Hatch stated signs are typically viewed as a structure
since they require a building permit, and Planning Services staff discourages fencing in a
right-of-way reservation. She stated, however, that the Department of Public Works has been
agreeable to allowing a fence in the right-of-way reservation,with a note on the plat that at the time
of expansion, the relocation of the fence will be at the property owner's expense. Mr. Morrison
clarified the setback distance should be based on the future right-of-way width,therefore,a fence
is not a problem if it is located at the edge of the future right-of-way. He further stated the applicant
is not being required to dedicate right-of-way at this time, rather,the setback distance needs to be
established as if the future right-of-way were existing. Mr. Medlin stated he would prefer to locate
the fence and sign in the future right-of-way. Responding to Mr. Morrison,Ms.Hatch stated specific
language noting the responsibility for future removal is not in the Draft Resolution at this time.
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HEARING CERTIFICATION - WAYNE AND PATRICIA MEDLIN (USR#1535)
PAGE 3
Commissioner Vaad suggested including a Condition stating the property owner will be responsible
for removal of the fence and sign if the road is expanded. Mr. Morrison suggested replacing the
second to last sentence of Condition#1.G.5 to state,"The setback shall be calculated from the edge
of the future 140-foot right-of-way." He further stated if the Board wants to allow fence and sign
structures in the right-of-way, an additional Condition will be necessary to state, "Until the
right-of-way is necessary for a public road, the applicant may install and maintain fencing and
signage within the future right-of-way. The applicant agrees to waive compensation for the value
of those structures if the right-of-way is expanded." In response to Commissioner Geile, Mr.Medlin
indicated he concurs with the proposed modifications. Mr. Morrison stated the applicant can agree
to honor the future right-of-way with respect to the Fulton Ditch if the right-of-way is expanded.
Commissioner Masden moved to approve the request of Wayne and Patricia Medlin for a Site
Specific Development Plan and Use by Special Review Permit#1535 for a Business Permitted as
a Use by Right or Use by Special Review in the Commercial Zone District(office with a gross floor
area larger than three thousand (3,000) square feet, outdoor storage, and maintenance of
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 deleting Condition of Approval #1.F, modifying
Condition#1.G.5,adding a new Condition#1.G.6, and renumbering/relettering accordingly. The
motion was seconded by Commissioner Vaad. Chair Jerke stated although the renovations may
be costly, this is a unique property and the location provides added potential for other uses in the
future. There being no further discussion, the motion carried unanimously and the hearing was
completed at 10:35 a.m.
This Certification was approved on the 9th day of January 2006.
E l,i3 APPROVED:
,. BOARD OF COUNTY COMMISSIONERS
1861 ), WELD CO TY, COLORADO
ATTEST: 'tell •r_ " ` i// ode,
v F'/' M. Geile, Chair
Weld County Clerk to the B �I N \-°--e. ,
By:(.. �u l L tii�l^(1L14� David E. Long, Pro-Te
D uty C rk to the Board -J1/Ii.---
W.W. iam H. Jerke
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#2006-01 � �
Robert . Masde
DOCKET#2006-01
Glenn Vaad
2006-0063
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EXHIBIT INVENTORY CONTROL SHEET
Case USR#1535 -WAYNE AND PATRICIA MEDLIN
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 12/20/2005)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Memo re: Items prior to scheduling, dated
12/27/2005
F. Planning Staff Certification and Photo of sign posting
G. Planning Staff Photo of subject site
H. Planning Staff Aerial Site Map
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