HomeMy WebLinkAbout20053455.tiff HEARING CERTIFICATION
DOCKET NO. 2005-93
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1526
FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY
SPECIAL REVIEW IN THE INDUSTRIAL ZONE DISTRICT (STORAGE OF
LANDSCAPING MATERIALS AND EQUIPMENT,ALONG WITH EMPLOYEE PARKING
ASSOCIATEDWITH A LANDSCAPINGBUSINESS)IN THE A(AGRICULTURAL)ZONE
DISTRICT - RICHARD AND TAMMI FISHER
A public hearing was conducted on December 14, 2005, at 10:00 a.m.,with the following present:
Commissioner William H. Jerke, Chair
Commissioner M. J. Geile, Pro-Tem
Commissioner David E. Long
Commissioner Robert D. Masden - EXCUSED
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Jenny VanEgdom
Assistant County Attorney, Lee Morrison
Planning Department representative, Chris Gathman
Health Department representative, Char Davis
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated November 23, 2005, and duly published
November 30, 2005, in the Fort Lupton Press, a public hearing was conducted to consider the
request of Richard and Tammi Fisher for a Site Specific Development Plan and Use by Special
Review Permit#1526 for a Use Permitted as a Use by Right, Accessory Use, or Use by Special
Review in the Industrial Zone District(storage of landscaping materials and equipment,along with
employee parking associated with a landscaping business)in the A(Agricultural)Zone District. Lee
Morrison, Assistant County Attorney, made this a matter of record. Chair Jerke advised Richard
Fisher, 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. Fisher indicated he would like to proceed today.
Chris Gathman, Department of Planning Services,presented a brief summary of the proposal,the
location of the site and surrounding property uses, and entered the favorable recommendation of
the Planning Commission into the record as written. He stated the business will employ seven
full-time employees, and five part-time employees. He stated the applicant has been granted
permission from the Colorado Department of Transportation(CDOT)to use the existing access to
the site. Mr.Gathman stated the existing metal building will be used in future operations,and a list
of equipment to be located on the site is attached to the application. (Changed to Tape#2005-49)
In response to Commissioner Vaad, Mr.Gathman stated the letter from the Greeley-Weld County
Airport was marked Exhibit 5.A at the Planning Commission Hearing,and he read the letter into the
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HEARING CERTIFICATION - RICHARD AND TAMMI FISHER (USR #1526)
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record. He stated staff is requesting the applicant address the recommendations listed in the letter.
He stated staff is also requesting the addition of Development Standard#29,regarding the Capital
Expansion Impact Fee and the Stormwater/Drainage Impact Fee.
Char Davis, Department of Public Health and Environment,stated the site is serviced by the North
Weld County Water District,and the applicant has applied for a septic system permit for the home
and for the commercial shop. In response to Chair Jerke, Ms. Davis sated the septic system
between the home and the commercial shop is connected.
Don Carroll, Department of Public Works, stated the property will be accessed from State
Highway 392, and the access is shared between lots A and B. He stated the adjacent road to the
east is Weld County Road 43. He further stated a FEMAfloodplain area is shown on the east side
of the property, and CDOT controls the access point to the property. He stated one additional
structure will be added to north end of the property. Mr.Gathman stated the proximity of the property
to the Airport is over two miles. He stated the runway for the airport is to the south and east of the
property.
Mr. Fisher stated an existing steel building is located on the property,and indicated the placement
of the building on the provided map. He stated the leach field is approximately 80 feet south of the
building. He further stated the proposed future home location will be southeast of the existing
building. He stated there is approximately 2,000 feet of frontage to State Highway 392,and the area
is currently planted with hay. He stated the proposal for the area is tree farming and wholesale
operations. Mr. Fisher stated his business is currently located within the City of Greeley,and it is
not his intent to conduct retail operations at the site. He stated the overall plan is to live on the site,
and sell trees wholesale from the site. In response to Commissioner Geile, Mr. Fisher stated Sand
Creek runs along the east edge of the property, and the property slopes eleven feet from the
wellhead to the creek. He stated the shop has been located outside of the floodplain,and the house
will be located outside of the floodplain as well. In response to Chair Jerke, Mr. Fisher stated he is
willing to maintain the access road, and believes the access road will be beneficial for future uses.
He further stated he currently owns the equipment necessary to maintain the road.
No public testimony was offered concerning this matter.
Commissioner Vaad stated he does not support the inclusion of Condition of Approval 1.H,which
requires the applicant to comply with recommendations listed by the Greeley-Weld County Airport.
Chair Jerke stated he concurred with Commissioner Vaad. In response to Chair Jerke, Mr. Fisher
stated he did not believe Development Standard#29, regarding Impact Fees,was applicable to his
property. Mr. Gathman clarified that the Capital Expansion Fee applies; however, the
Stormwater/Drainage Fee does not apply. Mr. Fisher stated a five-acre retention/drainage pond will
be constructed, and he is not adding any hard surface area to increase the flow into Sand Creek.
He further stated the adjacent property owner is located in a low area adjacent to Sand Creek,and
all run-off will be contained on the property. He stated the culvert size has been increased, and
concerns from the neighbor regarding the access road have been addressed. In response to Chair
Jerke, Mr. Fisher stated he has reviewed, and concurs with the Conditions of Approval and
Development Standards as proposed and modified.
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HEARING CERTIFICATION - RICHARD AND TAMMI FISHER (USR #1526)
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In response to Commissioner Geile, Mr.Gathman stated this is the final hearing for the applicant,
and Administrative Review will not be required.
Commissioner Vaad moved to approve the request of Richard and Tammi Fisher for a Site Specific
Development Plan and Use by Special Review Permit#1526 for a Use Permitted as a Use by Right,
Accessory Use, or Use by Special Review in the Industrial Zone District(storage of landscaping
materials and equipment,along with employee parking associated with a landscaping 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,including the addition of Development Standard#29 and the renumbering of subsequent
Development Standards. The motion was seconded by Commissioner Long, and it carried
unanimously. There being no further discussion, the hearing was completed at 11:00 a.m.
This Certification was approved on the 19th day of December 2005.
;8, ELa APPROVED:
BOARD OF COUNTY COMMISSIONERS
ism ;, `iz, WELD COUNTY, COLORADO
ATTEST: ` ) -"
`� : {udi William H. erke, Chair
Weld County Clerk to the Board_-_ , ,-
,l,r� M. J. ile, Pro-Tem
BY: 4 " C�E� I I 1 ,
Duty Cle k to the Boaid 4i k (c
David E. Long
TAPE #2005-48 and #2005-49 EXCUSED
Robert D. Masden
DOCKET#2005-93 t A4 ("9. 9....e5,
Glee Vaad �__!
2005-3455
PL1807
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 14TH DAY OF DECEMBER, 2005:
DOCKET#2005-73 - TERRA FIRMA VENTURES, LLC
DOCKET#2005-91 - EDMUNDSON LAND, LLC
DOCKET#2005-92 - DEBORAH LOWRY
DOCKET#2005-93 - RICHARD AND TAMMI FISHER
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
John_ Doe 123 Nowhere Street, City, State, Zip
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EXHIBIT INVENTORY CONTROL SHEET
Case USR#1526 - RICHARD AND TAMMI FISHER
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 10/04/2005)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Memo re: Items completed prior to
scheduling
F. Planning Staff Certification and photo of sign posting
G. Public Works Staff Floodplain Map
H. Planning Staff Memo re: Changes to Conditions of
Approval and Development Standards
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