HomeMy WebLinkAbout20050897.tiff HEARING CERTIFICATION
DOCKET NO. 2005-24
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1485
FORA BUSINESS PERMITTED AS A USE BY RIGHT OR AN ACCESSORY USE IN THE
COMMERCIAL ZONE DISTRICT (OFFICE, STORAGE, AND SHOWROOM FOR A
CONCRETE BUSINESS) IN THE A (AGRICULTURAL) ZONE DISTRICT - ALICIA
VASQUEZ, C/O RICK TORREZ
A public hearing was conducted on March 30, 2005, at 10:00 a.m., with the following present:
Commissioner William H. Jerke, Chair
Commissioner M. J. Geile, Pro-Tern
Commissioner David E. Long - EXCUSED
Commissioner Robert D. Masden
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
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 March 11,2005,and duly published March 16,2005,
in the Fort Lupton Press,a public hearing was conducted to consider the request of Alicia Vasquez,
do Rick Torrez,for a Site Specific Development Plan and Use by Special Review Permit#1485 for
a Business Permitted as a Use by Right or an Accessory Use in the Commercial Zone District
(office, storage, and showroom for a concrete business) in the A(Agricultural)Zone District. Lee
Morrison, Assistant County Attorney, made this a matter of record. Chair Jerke advised Alicia
Vasquez, applicant,that she has the option of continuing this matter to a date when the full Board
will be present. However, if she decides to proceed today, it will require three affirmative votes,or
in the case of a tie vote,Commissioner Long will listen to the record and make the determining vote.
Ms. Vasquez indicated she 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
gave a brief description of the location of the site and surrounding land uses. Ms. Martin stated 14
referral agencies reviewed this proposal, 12 responded favorably or provided comments that have
been addressed in the Conditions of Approval and Development Standards,and staff did not receive
correspondence from the City of Greeley or the LaSalle Fire Protection District. She stated staff did
receive a letter from a surrounding property owner expressing concern with the screening for
outdoor storage, access, and the number of employees; however, staff feels these issues are
adequately addressed by the Conditions of Approval and Development Standards. Ms. Martin
displayed photographs of the site, and in response to Commissioner Masden, she stated the site
is 3.4 acres, and all of the concrete forms are on display in the showroom for customers to view
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HEARING CERTIFICATION -ALICIA VASQUEZ, C/O RICK TORREZ (USR #1485)
PAGE 2
before purchasing or entering into a contract. Responding to Chair Jerke, Ms. Martin stated staff
has requested the applicant enter into a Nonexclusive License Agreement if they intend to use the
access on Weld County Road 48.
Char Davis, Department of Public Health and Environment, stated the site will be serviced by the
Central Weld County Water District, and although the pole barn does not have a permitted septic
system, the issue is addressed in the Conditions of Approval. Chair Jerke commented the home
appears to be new. Ms. Davis stated the house was constructed in 2002 and it does have a
permitted septic system.
Donald Carroll, Department of Public Works,stated the main access is from Weld County Road 43,
which is a collector status road. He stated Weld County Road 48 ends at a T intersection with Weld
County Road 43 at the south end of the site. Mr. Carroll stated the County does have 30 feet of
right-of-way on either side of the section line, and Condition of Approval#6.5 states the applicant
must do a Nonexclusive License Agreement for the 300 feet of Weld County Road 48 being used
as an access. Responding to Commissioner Masden, Mr. Carroll stated the applicant will not be
required to do dust abatement because they, in cooperation with the neighbor, do maintain that
stretch of roadway and it is in good condition. Ms. Davis stated they will be required to do dust
abatement for the parking areas. In response to Commissioner Vaad, Ms. Martin stated
Development Standard#2 addresses the issues of transferability by creating a vested property right.
Mr. Morrison stated a vested property right means the transferability is not restricted. He further
stated it would take the applicant's agreement and a special provision to limit the transferability of
the permit. Responding to Chair Jerke, Ms. Martin stated a small corner of Garden City was just
within the three-mile referral area. In response to Commissioner Geile,Mr. Morrison reiterated if this
application is approved, the Use by Special Review will remain with the land.
Rick Torrez represented the applicant and stated he operates a decorative concrete business which
produces concrete counter tops, acid etching for floors, stamping, overlays over old concrete,
etcetera. He stated he has a Masters in the decorative aspect of concrete, he is certified by the
American Concrete Institute in several different applications, and he is also a trainer for Concrete
Systems and Simon Corporation,which are located in Denver. Mr.Torrez stated the facility is very
clean,there are no weeds,and his neighbors came to the Planning Commission hearing to speak
in support of his application. He stated he currently has three employees,versus the large groups
of employees needed for residential concrete work. In response to Commissioner Masden, Mr.
Torrez stated all of the materials and equipment will be contained in the building,and the forms that
are outside are totally screened by a fence. Commissioner Vaad stated the letter in the file
expressed concern with transferring the use to a future owner who may not maintain the property
as well. Mr.Torrez stated he would have to give some consideration as to what the impact would
be in agreeing to restrict the use to his ownership only. Commissioner Geile commented the Use
by Special Review Permit goes with the land and the future owner would have to operate a very
similar operation.
No public testimony was offered concerning this matter. In response to Chair Jerke, Mr. Torrez
stated he has reviewed and agrees with the Conditions of Approval and Development Standards as
proposed.
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HEARING CERTIFICATION - ALICIA VASQUEZ, C/O RICK TORREZ (USR#1485)
PAGE 3
Commissioner Masden moved to approve the request of Alicia Vasquez,c/o Rick Torrez,for a Site
Specific Development Plan and Use by Special Review Permit#1485 for a Business Permitted as
a Use by Right or an Accessory Use in the Commercial Zone District (office, storage, and
showroom for a concrete business) 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 Geile. Commissioner Vaad commented he feels the concerns of the neighbor will
be addressed since the Use by Special Review Permit is for a specific use. Chair Jerke
commented the property is very well kept,all of the materials and equipment are contained, and a
traditional concrete business is not being operated on the site. There being no further discussion,
the motion carried unanimously and the hearing was completed at 11:00 a.m.
This Certification was approved on the 4th day of April 2005.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
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WELD COUNTY, COLORADO
ATTEST: /1 u/ iiI l
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i%William H. Je/re, Chair
Weld County Clerk to the jP.ar. /1861 9C° . J. Geile, Pro- em
By: (- `t✓%- '
Deputy Clerk to the B.'�-. \c- Da idSE on
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DOCKET#2005-24
Glenn Vaa
2005-0897
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EXHIBIT INVENTORY CONTROL SHEET
Case USR#1485 -ALICIA VASQUEZ
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 09/07/2004)
D. Clerk to the Board Notice of Hearing
E. Applicant Letter signed by 2 Mineral Owners, dated
11/15/2004
F. Applicant Letter re: signage, dated 01/17/2005
G. Applicant Letter signed by 3rd Mineral Owner, dated
02/06/2005
H. Planning Staff Certification and Photo of sign posting
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 30TH DAY OF MARCH, 2005:
DOCKET#2005-24 -ALICIA VASQUEZ
DOCKET#2005-25 -STEPHAN BRANCUCCI
DOCKET#2005-26 AND #2004-37.A -WAKE, LLLP, CIO CLIFFORD CLIFT AND PAUL CLIFT
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