HomeMy WebLinkAbout20042314.tiff HEARING CERTIFICATION
DOCKET NO. 2004-68
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1466
FOR A HOME BUSINESS (CONSTRUCTION BUSINESS) IN THE A (AGRICULTURAL)
ZONE DISTRICT - FRANCISCO AND LORRAINE VALENCIA
A public hearing was conducted on August 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 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 July 16,2004,and duly published July 21,2004, in the
Fort Lupton Press, a public hearing was conducted to consider the request of Francisco and
Lorraine Valencia for a Site Specific Development Plan and Use by Special Review Permit#1466
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(construction business)in the A(Agricultural)Zone District.
Lee Morrison,Assistant County Attorney, made this a matter of record. Michelle Martin, Department
of Planning Services,clarified all future references to the request need to be corrected to state the
following,"A Site Specific Development Plan and Use by Special Review Permit#1466 fora Home
Business (construction business) in the A (Agricultural) Zone District." Mr. Morrison stated the
requested use has not changed; however, if the Board feels the notice is misleading as to how the
use is justified, then the matter can be continued to allow for a corrected notice. The Board
indicated the notice was adequate.
Ms. Martin 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. She stated 11 referral agencies reviewed this proposal, nine
responded favorably or provided comments that have been addressed in the Conditions of Approval
and Development Standards, and the two letters staff received from surrounding property owners
indicated no objection. Ms. Marten submitted a letter from the applicant, marked Exhibit F,
addressing various Conditions of Approval, which can be deleted.
Char Davis, Department of Public Health and Environment, stated the site has a permitted septic
system and the water source is from a well that has been changed to allow commercial uses. In
response to Chair Masden, Ms. Davis stated the shop will have restrooms which required changes
to the septic permit.
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HEARING CERTIFICATION - FRANCISCO AND LORRAINE VALENCIA (USR #1466)
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Donald Carroll, Department of Public Works, described the location of the site. He stated the
property is accessed from Weld County Road 86,which is a local gravel road that is maintained by
Weld County. He stated there will only be one access to the 30-acre parcel, the application
identifies one to two people operating the facility, and vehicles will include small flat beds and dump
trucks.
Anne Best-Johnson,Todd Hodges Design, LLC, represented the applicant and stated the property
is located in the Black Hollow Acres Subdivision,the plat was recorded in 1970,and it does not have
Covenants. Ms.Johnson stated the surrounding property owners have provided letters of support,
and she displayed photographs of the area, previously submitted and marked Exhibit 6a. In
response to Chair Masden, Ms.Johnson clarified the pipe running through the yard is the plumbing
leading to the septic system that needs to be covered with dirt. Ms. Johnson stated the applicants
live on the 29.32-acre lot, and they operate a construction/concrete business. She stated the pole
barn was built without the appropriate permits,and approval of this request will allow the applicants
to move their equipment into the structure rather than leaving it exposed to the weather, She stated
the pole barn is currently empty until the violation is resolved. She explained the construction work
is done off-site, the employees meet at the off-site work locations rather than coming to the
applicant's site, and the business office will be located in the pole barn to house the bookkeeping
records. She stated the applicants are anxious to record the plat and resolve the violation.
No public testimony was offered concerning this matter. Ms.Johnson requested Condition#1.D be
deleted because the building is already constructed and it would take longer to screen the materials
than it will to acquire the Certificate of Occupancy. She stated she discussed deleting
Condition #1.F with the Department of Public Works. He explained this is standard language;
however, this property is 30 acres and there is plenty of vegetation. He stated he is agreeable to
deleting the Condition and he will provide Planning Services with a memorandum confirming this
Condition has been satisfied. The Board concurred to delete Conditions #1.D and #1.F. Ms.
Johnson stated the application materials included a footprint for a potential future building;however,
the applicant has no intention of constructing it at this time. She stated the septic system for the
existing pole barn was designed by a registered engineer, and Health staff has stated Development
Standard#12 addresses the language in Conditions#2.A and#2.B. Ms. Davis stated she included
the language due to mention of a future building. She stated she has no concern with deleting
Conditions #2.A and #2.B because it will be addressed by Development Standard #12, and the
Board agreed to delete the Conditions. Ms. Martin added the applicant will not need to address the
septic issues prior to recording the plat because they are listed as Conditions prior to the Certificate
of Occupancy for the future building. In response to Ms. Johnson, Ms. Martin stated she has
reviewed the letter and information provided by the applicant which adequately addresses the items
listed and they can be deleted from the Resolution.
Commissioner Long moved to approve the request of Francisco and Lorraine Valencia for a Site
Specific Development Plan and Use by Special Review Permit #1466 for a Home Business
(construction 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. His motion also included deleting Condition#1.8.1, and all
of Conditions#1.C,#1.D,#1.E,#1.F,#2.A, and#2.B, and renumbering or relettering accordingly.
The motion was seconded by Commissioner Geile, and it carried unanimously. There being no
further discussion, the hearing was completed at 2:20 p.m.
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HEARING CERTIFICATION - FRANCISCO AND LORRAINE VALENCIA (USR#1466)
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This Certification was approved on the 9th day of August 2004.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
���al
W LUY, C LORADO
Robert D. Masden, Chair
861 (� Weld ty Clerk to the Board
William H. rke, Pro-Tern
' puty Clerk to the Board er-'
M. eile _
TAPE #2004.34 (fri1 S �,
Davi.' . Long
DOCKET#2004-68
Glenn Vaad
2004-2314
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EXHIBIT INVENTORY CONTROL SHEET
Case USR #1466 - FRANCISCO AND LORRAINE VALENCIA
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,
06/01/2004, 05/04/2004, and 04/06/2004)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Certification and Photo of sign posting,
submitted 07/28/2004
F. Applicant Letter addressing Conditions of Approval,
dated 07/26/2004
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K.
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 4TH DAY OF AUGUST, 2004:
DOCKET#2004-66 -WES MOSER AND SONS, INC./NOAH'S BARK/JOJO AND STEVE POMEROY
DOCKET#2004-52 - DONALD WROBLEWSKI, C/O JOE AND TAMMY WROBLEWSKI
DOCKET #2004-67 - DUKE ENERGY FIELD SERVICES
DOCKET#2004-68 - FRANCISCO AND LORRAINE VALENCIA
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
John Doe 123 Nowhere Street, City, State, Zip �/
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 4TH DAY OF AUGUST, 2004:
DOCKET#2004-66 -WES MOSER AND SONS, INC./NOAH'S BARK/JOJO AND STEVE POMEROY
DOCKET#2004-52 - DONALD WROBLEWSKI, C/O JOE AND TAMMY WROBLEWSKI
DOCKET#2004-67 - DUKE ENERGY FIELD SERVICES
DOCKET#2004-68 - FRANCISCO AND LORRAINE VALENCIA
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
John Doe 123 Nowhere Street, City, State, Zip
/ 3O 5' fr, 7' Ave_ 41,--e c_ , CO 8063/
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