HomeMy WebLinkAbout20042446.tiff HEARING CERTIFICATION
DOCKET NO. 2004-69
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1478
FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY
SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(CONCRETE BUSINESS) IN THE A (AGRICULTURAL) ZONE DISTRICT -JOSE AND
JOSEFINA AGUIRRE
A public hearing was conducted on August 11, 2004, at 10:00 a.m., with the following present:
Commissioner Robert D. Masden, Chair
Commissioner William H. Jerke, Pro-Tern
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, Sheri Lockman
Health Department representative, Char Davis
Public Works representative, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated July 23,2004,and duly published July 28,2004, in the
Fort Lupton Press, a public hearing was conducted to consider the request of Jose and Josefina
Aguirre for a Site Specific Development Plan and Use by Special Review Permit#1478 for a Use
Permitted as a Use by Right, an Accessory Use,or a Use by Special Review in the Commercial or
Industrial Zone Districts (concrete business) in the A (Agricultural)Zone District. Lee Morrison,
Assistant County Attorney, made this a matter of record. Sheri Lockman, 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. Ms. Lockman gave a brief description of the
location of the site,which is 3.15 acres,and she described the surrounding land uses. She stated
15 referral agencies reviewed this proposal,and 13 responded favorably or provided comments that
have been addressed through the Conditions of Approval and Development Standards. She further
stated the site is currently in violation of operating a concrete business without a Use by Special
Review Permit.
Char Davis, Department of Public Health and Environment, stated the site will be serviced by the
Central Weld County Water District and the septic system is permitted for residential use. She
stated the applicant has requested that employees be allowed to use the restroom in the residence,
which will require the system to be evaluated by an engineer. She further stated there is a bathroom
in the shop; however, it is not permitted. In response to Commissioner Jerke,Ms.Davis stated she
is uncertain whether the shop bathroom is connected to the residential septic system or if it is a
separate unit.
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PAGE 2
Donald Carroll,Department of Public Works,stated Weld County Road 54 is a collector status road,
with an average daily traffic count of 500 to 600 vehicles, and the facility will continue to use the
existing access. Responding to Chair Masden,Mr.Carroll stated the plat identifies parking for the
employees,visitors,and equipment. He stated this permit will only include 3.15 acres of the overall
parcel. He further stated drainage does not appear to be a problem on the site, it is bordered by
Weld County Road 54 on the north and a ditch to the southeast, and the remainder of the site is in
agricultural production.
Thomas Hellerich of Winters, Hellerich and Hughes, P.C., represented the applicants and stated
the septic system serves both the residence and the shop. He stated the applicants purchased the
property as it exists; however,they will have the septic system reviewed and make sure it is properly
permitted. Mr. Hellerich stated he and the applicants have reviewed and concur with the Conditions
of Approval and Development Standards as proposed. He stated the total parcel is approximately
25 acres; however,this request will only use 3.15 acres. In response to Commissioner Geile, Mr.
Hellerich explained the site will be used to store concrete forms and then transport them on
approximately seven trucks to the work sites. He further stated when not in use the trucks will be
stored indoors. Chair Masden confirmed this is just a staging area for the business, and no
concrete work will be done on the site.
GaryAlles,Union Ditch Company representative,stated the Ditch Company does not have a formal
position regarding this application;however,they do want to ensure their ability to get in and maintain
the ditch. He stated the Ditch Company did not receive formal notification of the hearings for this
request;however, he did speak with Ms.Lockman who indicated there is a 25-foot easement from
the center of the ditch extending into the applicants' property. He stated the previous land owner
was a stock holder in the ditch company and they had little concern regarding conflicts. However,
because the property has been sold and the use is changing, they want to ensure they have
adequate room to maintain the ditch. Responding to Commissioner Jerke, Mr.Alles suggested a
minimum setback of 40 feet would be adequate for fencing,landscaping,etcetera,and a minimum
of 50 feet from the center of the ditch for any construction. He explained maintaining the ditch often
requires large equipment, and burning weeds could be restricted if a building is too close. Mr.
Morrison stated the plat shows the corner of the existing storage shed being 25 feet from the center
of the ditch. Mr.Alles stated the ditch is approximately 15 feet wide,with a five to six-foot bank,and
they would require additional room beyond that for equipment. (Switched to Tape#2004-34.) Mr.
Alles stated the ditch is also restricted by a feed bunk, and he wants to ensure they are not further
restricted by future structures. There being no further comments, Chair Masden closed public
testimony.
Mr. Hellerich stated there is a dedicated 25-foot easement,and the existing building is just outside
that area. He stated there is a maintenance roadway on the other side of the ditch on the
neighboring property,which is adequate for maintenance purposes. He stated the applicants intend
to do landscaping to screen the proposed use from the ditch. Mr. Hellerich stated 50 feet is too
much; however, the applicants will try to work with the Ditch Company. Responding to
Commissioner Geile, Mr. Hellerich stated the applicant does not have shares in the Union Ditch
Company or any other water rights. Responding to Chair Masden, Mr. Hellerich reiterated the
applicant concurs with the Conditions of Approval and Development Standards as proposed.
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HEARING CERTIFICATION - JOSE AND JOSEFINA AGUIRRE (USR #1478)
PAGE 3
Commissioner Vaad commented he understands Mr. Alles' concern; however, there is a
maintenance road on the other side of the ditch,and the 25-foot easement is in place and available,
if needed. Commissioner Vaad moved to approve the request of Jose and Josefina Aguirre for a
Site Specific Development Plan and Use by Special Review Permit#1478 for a Use Permitted as
a Use by Right,an Accessory Use,ora Use by Special Review in the Commercial or Industrial Zone
Districts(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 Jerke concurred with Commissioner Vaad,and stated the testimony indicates
access to the ditch has historically been from the other side, and there is an existing building
adjacent to the 25-foot easement line. Chair Masden concurred. There being no further comments,
the motion carried unanimously and the hearing was completed at 11:40 a.m.
This Certification was approved on the 16th day of August 2004.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
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• 'navel�1�1/�/u-c� ,
: Robert D. Masden, Chair
1861 - . ' lerk to the Board
On EXCUSED DATE OF APPROVAL
William Jerke, Pro-Tem
at-
-' ieputy Clerk to the Board
M. ile
TAPE #2004-34
Dav' E. Lon
DOCKET#2004-69
Glenn Va
2004-2446
PL1732
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1478 -JOSE AND JOSEFINA AGUIRRE
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 07/06/2004)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Certification and Photo of sign posting,
submitted 08/11/2004
F. Public Works Staff Aerial Photograph, submitted 08/11/2004
G. Public Works Staff Oversized USR Plat, submitted 08/11/2004
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 11TH DAY OF AUGUST, 2004:
DOCKET#2004-65 -TROY AND JUDY HEFNER
DOCKET#2004-57 - UIV LAND, LLC, C/O NOLAN ULMER
DOCKET#2004-69 -JOSE AND JOSEFINA AGUIRRE
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