HomeMy WebLinkAbout20040786 HEARING CERTIFICATION
DOCKET NO. 2004-14.b
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1437
FOR MULTI-FAMILY DWELLINGS FOR PERSONS PRINCIPALLY EMPLOYED AT OR
ENGAGED IN FARMING, RANCHING OR GARDENING IN THE A (AGRICULTURAL)
ZONE DISTRICT - MOISES RODRIGUEZ
A public hearing was conducted on March 31, 2004, at 10:00 a.m., with the following present:
Commissioner Robert D. Masden, Chair- RECUSED
Commissioner William H. Jerke, Pro-Tem
Commissioner M. J. Geile
Commissioner David E. Long
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Kim Ogle
Health Department representative, Pam Smith
Public Works representative, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated February 6,2004, and duly published February 12,
2004, in the South Weld Sun, a public hearing was conducted on February 25, 2004, to consider
the request of Moises Rodriguez for a Site Specific Development Plan and Use by Special Review
Permit#1437 for Multi-Family Dwellings for Persons Principally Employed at or engaged in Farming,
Ranching or Gardening in the A (Agricultural) Zone District, at which time the Board deemed it
advisable to approve the request of the applicant's representative for a continuance to March 3,
2004,when a full quorum of the Board would be present. On March 3, 2004, Commissioner Long
was excused and Chair Masden recused himself from the hearing, therefore, the applicant's
representative requested a continuance to a date when a quorum of four Commissioners would be
present. At the request of the applicant, the Board deemed it advisable to continue the matter to
March 31, 2004, at 10:00 a.m. At the hearing of March 31, 2004, Lee Morrison,Assistant County
Attorney, made this a matter of record. Kim Ogle, Department of Planning Services, stated the
applicant's representative submitted a fax,marked Exhibit K,requesting a continuance to May 19,
2004. He explained a representative for the Water Quality Control Commission cancelled their
scheduled meeting due to a death in his family. Commissioner Geile commented if this hearing is
continued he would like conditions included to address the health issues during the interim or require
a cease and desist order. Commissioner Long requested testimony from the applicant's
representative as to how the health issues are being addressed and remedied to ensure the health,
safety, and welfare of the residents of the site and neighborhood.
Fred Otis of Otis,Goan,and Stewart, LLC,represented the applicant and stated he personally met
with the Water Quality Control Commission two weeks ago and determined that the number of
people should be 25 or less. He stated the State representative, Brad Simons,also wants to meet
with the Weld County Departments of Planning Services and Public Health and Environment to work
2004-0786
PL1694
HEARING CERTIFICATION - MOISES RODRIGUEZ (USR#1437)
PAGE 2
out an assurance for water quality compliance. He reiterated that implementation of that assurance
is all that is left to address the water quality issue. He stated Mr.Simons'office indicated he will be
gone for at least two weeks, and Mr. Otis stated he has scheduled a vacation; however, once he
returns they will meet to resolve the outstanding issues. He stated the applicant has satisfied the
requirements of the Weld County Health and Planning staff and the Planning Commission in the
interim. Commissioner Geile commented the application states there are 20 residents during the
off season, and there can be up to 60 residents during the peak season. He stated Weld County
needs assurance that there will not be more people living in the units prior to the hearing requested
for May 19,2004. Mr.Otis reiterated the State stipulated they cannot have more than 25 people until
the applicant makes the necessary improvements and the proposal is approved by the Board of
Commissioners. He proposed including a condition in the Resolution for continuance stating the
applicant cannot have more than 25 residents on the premises,which is consistent with the State
requirement. He stated a cease and desist order will close the facility, staff has not expressed
concerns which warrant closure, and the Planning Commission recommends approval with
conditions. He requested the Board withhold opinions on the conditions of the site until they take
testimony. Responding to Commissioner Jerke, Mr. Ogle stated the violation will be closed if the
Use by Special Review Permit is approved. He explained the violation was initiated to address a
noncommercial junkyard. Commissioner Jerke expressed concern with continuing this too far into
the future,and he suggested Mr. Otis have another attorney assigned to the case. Mr.Ogle stated
Mr. Simons will be gone at least two weeks; however,they were not provided with a definite return
date.
Pam Smith, Department of Public Health and Environment, stated staff took water samples in
August 2003,to check for compliance. She stated the nitrate levels are less than the drinking water
standards,the water quality is acceptable,and they have not tested since that time. She stated the
septic system is not permitted, and although the system is failing, wash water is benign and is
treated by the wetlands. She stated the applicant is aware that the septic has to be repaired, and
the Board's decision will determine what will have to be done. She stated the State process can
be lengthy,and if this application is denied then the applicant will not need to invest in improving the
system. She further stated if the request is approved,then the applicant will be required to have the
system designed accordingly,and she added that only a few people are currently living at the site.
In response to Commissioner Long,Ms.Smith stated there does notappearto be an eminent health
hazard.
Commissioner Vaad commented staffs'testimony has provided a reasonable assurance that there
is no eminent danger and he does not want to make a decision without receiving comments from
the State. Commissioner Vaad moved to continue the request of Moises Rodriguez for a Site
Specific Development Plan and Use by Special Review Permit#1437 for Multi-Family Dwellings for
Persons Principally Employed at or engaged in Farming, Ranching or Gardening in the
A (Agricultural) Zone District, to May 19, 2004, at 10:00 a.m. The motion was seconded by
Commissioner Long.
Corey Hoffman,Town of Hudson Attorney,stated this is the third request for a continuance,and he
requested the Board not allow any further delays. He stated the Town of Hudson has additional
concerns that need to be addressed. Commissioner Jerke commented there may be unforeseen
circumstances which require the Board to continue the matter; however, they could limit the
2004-0786
PL1694
HEARING CERTIFICATION - MOISES RODRIGUEZ (USR#1437)
PAGE 3
applicant's ability to request further continuances. Commissioner Vaad commented Hudson's
request has been made part of the record and it will be given heavy consideration. Commissioners
Long and Jerke concurred. Responding to Commissioner Geile, Mr. Otis reiterated the facility
cannot have more than 25 residents as required by the State. Commissioners Vaad and Long
concurred to amend the motion to limit the site to 25 persons living on premises. There being no
further discussion, the motion carried unanimously and the hearing was completed at 12:30 p.m.
This Certification was approved on the 5th day of April 2004.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: !g� /A / I' � E�'�� RECUSED
�1 / Robert D. Masden, Chair
Weld County Clerk to th nit?
_ •ii� al `L �< -L-LX
William H. -rke, Pro-Tem
BY:
Deputy Clerk to the Boal ��€
M. '[-ile
TAPE #2004-14 a
Davy . Long ,
DOCKET#2004-14
Glenn Vaad
2004-0786
PL1694
Hello