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Home My WebLink About20040244 HEARING CERTIFICATION DOCKET NO. 2004-07.a RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1442 FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (THE SELLING, MANUFACTURING, AND OUTDOOR, STORAGE OF METAL PRODUCTS) IN THE A(AGRICULTURAL) ZONE DISTRICT -JON MOSER A public hearing was conducted on February 4, 2004, at 10:00 a.m., with the following present: Commissioner Robert D. Masden, Chair 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, Michelle Katyryniuk 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 24,2003,and duly published January 1, 2004,in the South Weld Sun,a public hearing was conducted on January 14,2004,to consider the request of Jon Moser for a Site Specific Development Plan and Use by Special Review Permit #1442 for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts(the selling, manufacturing,and outdoor storage of metal products) in the A (Agricultural) Zone District. At said hearing the Board deemed it advisable to continue the matter to February 4, 2004, to allow adequate time to publish and send a corrected notice to the surrounding property owners. At said hearing on February 4, 2004, Lee Morrison, Assistant County Attorney, made this a matter of record. Michelle Katyryniuk, Department of Planning Services, gave a brief description of the location of the site and surrounding uses. She stated 13 referral agencies reviewed this proposal, 11 responded with comments that have been addressed through the Conditions of Approval and Development Standards,and staff received no correspondence from surrounding property owners. Char Davis, Department of Public Health and Environment, stated she has no comments at this time. Donald Carroll,Department of Public Works,stated the average daily traffic count on Weld County Road 29 is 129 vehicles in a 24-hour period. He stated there is one main access to the site, with a 20-foot gravel lane leading to the facility located in the center of the south end of the parcel. 2004-0244 PL1700 HEARING CERTIFICATION - JON MOSER (USR #1442) PAGE 2 John Vazquez/JCB Engineering, LLC, represented the applicant and stated he has no further comments beyond previous testimony provided on January 14, 2004, and the applicant is still in agreement with the Conditions of Approval and Development Standards as proposed. Andrew Brown,surrounding property owner,questioned whether this is a rental property and who runs the operation. He expressed concern with the effluent that comes from the machine and questioned how the water is treated. Mr. Brown also expressed concern regarding additional truck traffic in the area. Responding to Commissioner Vaad, Mr. Brown stated he does not represent Harsh Company;however,he works there and is very familiar with the equipment being used by the applicant. Mark Guttersen stated he represents his father, Mike Guttersen, who is a surrounding property owner. He stated this property is zoned agricultural, and an industrial zone use is not appropriate for this area. Mr. Guttersen stated this site is near Woods Lake and there is a lot of wildlife in the area. He stated there are no industrial uses within ten miles of the site,and he expressed concern with the potential for future associated industrial uses which cause pollution. Robert Brown, surrounding property owner, stated he has worked with Mr. Moser in the past and he expressed concern with the applicant's character. Vicki Mill, surrounding property owner, stated she agrees with Mr. Guttersen's comments, and added she would like the neighborhood to remain agricultural. She expressed concern with truck traffic and contaminants going into a septic leach field that can contaminate groundwater. Jim Brown,surrounding property owner,concurred with the previous comments,and stated this is not the appropriate zoning for the proposed use. He stated this area is a nice place to live. Micki Tracy,surrounding property owner,stated she would like to continue raising her family in an agricultural area, and there are better locations for this type of use. There being no further comments, Chair Masden closed public testimony. Mr.Vazquez stated he recognizes the agricultural nature of the area. This permit is for 1.5 acres and the remainder of the site will continue to have crops and livestock. He stated the operation has existed for one year,and during that time most of the area residents were not aware that it existed. Jon Moser stated the machine uses less than one gallon of water per minute,which is less than an average household uses in one month. He explained the stream of water goes into a lined settlement tank, not the septic system; he cleans the tank two times a year;and the materials that settle are placed in a container and hauled away by Waste Management. Responding to Commissioner Geile, Mr. Moser stated he purchased the site in 2002, and he currently resides in the house and intends to remain there. He stated there will be no more than twelve deliveries of sheet metal per year,and he delivers the finished projects with his pickup and gooseneck trailer,or he uses a freight shipping company. He stated the alfalfa is used for his livestock,there is a roping arena on the property,and the remaining alfalfa is sold. He further stated the equipment is six years old, and his business was previously located in Windsor. Responding further to Commissioner Geile, Mr. Moser stated aside from this property, he has had no violations related to the manufacturing business, and he hired Mr. Vazquez to assist in completing this permit process to 2004-0244 PL1700 HEARING CERTIFICATION - JON MOSER (USR #1442) PAGE 3 resolve the pending violation on his property. He stated the business was larger; however, he downsized last year and began operating from the barn on his property. Mr. Morrison stated the applicant will be allowed to expand the barn for agricultural uses without an amendment to this permit;however,the remaining uses are confined by this permit and an expansion of the business would require an amended permit. Responding to Commissioner Jerke, Mr. Moser stated the settling tank is 12 feet by 12 feet,and is three feet deep. He stated it is bolted to the floor,and after the settling process,the water is transferred to a lined pit for irrigating his lawn. Mr.Vazquez stated the tank holds approximately 3,000 gallons,the property is served by the North Weld County Water District with a five-eighths (5/8) inch water tap that serves the house and provides water for the livestock. In response to Commissioner Jerke, Ms. Davis stated the applicant submitted a Waste Handling Plan,which has been approved by staff. She expressed no concern because the settling process is adequate and the metal is hauled away for recycling. In response to Chair Long, Mr. Moser stated the water jet uses garnet,or sand,which helps provide a sharper cut and increases the cutting speed. Mr.Vazquez stated all of the products are inert. Mr. Moser explained the water goes through various settling tanks before being transferred to the line pit, and it is empty most of the year. He stated when the primary settling tank is full, he shovels out the material to be hauled away,which he typically does twice a year. Responding to Chair Masden, Mr.Vazquez stated he and the applicant have reviewed and concur with the Conditions of Approval and Development Standards. Commissioner Vaad explained this permit will not change the zoning,rather,it will allow a business on 1.5 acres of the site,which is limited bythe Conditions of Approval and Development Standards. He stated this type of permit is considered on a case-by-case basis, the applicant cannot expand the use throughout the remainder of the site without amending the permit,and the County roads are paid for by the public for public use which will accommodate the occasional deliveries. Commissioner Vaad moved to approve the request of Jon Moser for a Site Specific Development Plan and Use by Special Review Permit#1442 for a Use Permitted as a Use by Right,Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (the selling, manufacturing,and outdoor storage of metal products)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 Long concurred with Commissioner Vaad's comments and stated the use is similar to the agricultural nature of the area,it will be contained indoors,this permit will place stipulations on the applicant that will protect the health,safety,and welfare of the citizens of Weld County, this will generate less truck traffic than a typical agricultural operation, and there will be other agricultural activities continuing on the site. There being no further discussion, the motion carried unanimously and the hearing was completed at 11:13 a.m. 2004-0244 PL1700 HEARING CERTIFICATION - JON MOSER (USR#1442) PAGE 4 This Certification was approved on the 9th day of February 2004. APPROVED: BOARD OF COUNTY COMMISSIONERS GGI LD COUNTY, CO ORADO ATTEST: Robert D. Masden, Chair Weld County Clerk t e ^ 1♦1 ,-, William H. Jerke, Pro-Tem BY: Deputy Clerk to th-..Boa?4 p>1'. ,' EXCUSED DATE OF APPROVAL Geile TAPE #2004-07 David E. Long DOCKET#2004-07 EXCUSED DATE OF PPROVAL Glenn Vaad 2004-0244 PL1700 EXHIBIT INVENTORY CONTROL SHEET Case USR #1442 -JON MOSER/ CIO JOHN VAZQUEZ/JCB ENGINEERING, LLC 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 10/07/2003) D. Clerk to the Board Notice of Hearing E. Bonanza Creek Oil Company, LLC Letter of Approval (12/02/2003) F. Planning Staff Certification and Photo of Sign Posting (12/30/2003) G. Planning Staff Two Photos of Sign Posting (01/05/2004) H. Clerk to the Board Corrected Notice of Hearing (Filed under Legals) Barbara, Andy, Jim, and Bob Brown and Micki Tracy E-Mail of Opposition (02/03/2004) J. K. L. M. N. O. P. Q. R. S. T. U. ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 4TH DAY OF FEBRUARY, 2004: DOCKET#2004-07 -JON MOSER DOCKET#2004-11 - RAEBEN SELLERS/TAMIJO, LLC DOCKET#2004-12 - LOYD AND SHEILA SCHLICHENMAYER PLEASE legibly write or print your name and complete address. NAME ADDRESS John Doe 123 Nowhere Street, City, State, Zip .J, 33gyV-4 /1/61Li& 2617 Tom; WC ,f /S g;11 LJ/c©1-{- .313 GJ G /Z / 9 , gg1/4/ t-g,—) Cc� 8'co3 Pc Plc , ,Ev7z.J IlSD6 cic 57 C ei GO Sobyy aunt - 6Labt ) /3'-/37 LvriP t) 2- , r + mot. , ) �r �yz i,,� 7z cJc A-046-__ J 4 ,err-- 139' c1/ u/ e e 2,2_ ripv u /3f%/ Wcfi 7z Ivye.l) 1 f12-Hei1 13gth 1,0( e72 Vid1/ f i--1( I I 34'14' 3 WC.2 ,91 0—reel e 80(031 JOHN VAZ0\x-t- lot, Oloew gn..Dtia C. \tl iwownu I 905-5-1° St di` in ey.7i- 34-iv y (A) c % 1 C r re le, Co See/ ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 14TH DAY OF JANUARY, 2004: DOCKET#2004-04 -CC LAND, LLC DOCKET#2004-07 -JON MOSER PLEASE legibly write or print your name and complete address. NAME ADDRESS John Doe 123 Nowhere Street, City, State, Zip Il\KA{t'(- M1LLtA a(0 5-0 (p"I 66 Si (Q z`/ P,NN 1�n��ac-Z VG abet BO IoL< Cz 1-J,m - 2 CO S' S_„r,U C y 7r-x LJ/�itf•ri �Y" S g' M , i 0_1\q, (,O ) n,(\'K Rya , G4-1-60.J. �'C . sn(c l 5 Hello