HomeMy WebLinkAbout20040125.tiff HEARING CERTIFICATION
DOCKET NO. 2004-07
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 January 14, 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 to consider the request of Jon Moser
fora 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. Lee Morrison, Assistant County Attorney, made this a matter of record. Michelle
Katyryniuk, 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. She
gave a brief description of the location of the site and surrounding uses, and stated 13 referral
agencies reviewed this proposal, 11 responded with comments, and staff received no
correspondence from surrounding property owners.
In response to Commissioner Geile, Char Davis, Department of Public Health and Environment,
stated the metal fabrication process is self-contained,the metal shavings will be recycled through
a Waste Handling Plan, and there are no emissions concerns.
Donald Carroll,Department of Public Works,stated Weld County Road 29 is a local gravel road with
an average daily traffic count of 129 vehicles between Weld County Roads 70 and 72. He stated
Weld County Road 72 is also a local gravel road, and there is one main access from Road 29. He
further stated staff is requesting gravel or equivalent surfacing for the off-street parking spaces,
loading and unloading areas around the shop, and the access drive.
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HEARING CERTIFICATION - JON MOSER (USR #1442)
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John Vazquez,JCB Engineering,LLC,represented the applicant and stated they have reviewed and
concur with the Conditions of Approval and Development Standards. Responding to Commissioner
Geile, Mr. Vazquez explained the process uses a computer program which directs high pressure
water with an abrasive in the water to make detailed cuts or etches. He stated all of the water and
shavings are contained in an eight by eight-foot tub, the abrasives and shaving are extracted for
recycling,and there are no emissions or spillage. Responding further to Commissioner Geile, Mr.
Vazquez referenced some of the projects they have done in Weld County. He stated the advantage
to this system is that there is no heat so the metal does not warp, and they can do very detailed
work using a thin metal product. He further stated there is minimal customer traffic because most
of the products are delivered by the owner, and they only received three product deliveries during
the past year. Mr.Vazquez stated the building was constructed in 1995 by the previous landowner,
the applicant purchased the property in November 2002, and the barn was converted into a metal
shop in January 2003,which initiated a violation. He stated they have not modified the size of the
building,and it does meet code as it relates to the process. He further stated the process does not
use chemicals or explosives, and the applicant does have a welder that is used for maintenance
on equipment for other agricultural activities on the property. Responding to Commissioner Masden,
Mr.Vazquez stated the process is quiet,the applicant operates with the doors closed,and he uses
a fork lift to move large products.
Mike Miller,surrounding property owner,stated he was not aware of the business until he received
notice of this hearing. He stated there are some operations on the property that are a nuisance;
however, they are not relevant to this application, which appears to be a clean operation with
minimal impacts. Responding to Chair Long,Mr. Miller stated there is a clerical error in the minutes
because he did recuse himself from the Planning Commission, so he did not participate or vote.
Andrew Brown,surrounding property owner,expressed concern with allowing an industrial operation
in an agricultural area. He stated the notice contains a clerical error because the site is east of
Weld County Road 29,not 31. He questioned whether the appropriate people were notified of this
hearing, and he is certain his neighbors would be opposed if they had been provided notice. Mr.
Brown also expressed concern with large truck deliveries. Mr. Morrison stated the legal description
of the notice is accurate; however, it is in the Board's discretion to continue the matter to allow
adequate time to resend a corrected notice and see if any additional comments are received. Ms.
Katyryniuk confirmed that notices were sent to the property and mineral owners within 500 feet.
Commissioner Jerke commented the error was also included in the newspaper legal notice and he
would prefer the matter be continued to correct the error because most people do not research legal
descriptions. Commissioner Long stated although the appropriate people were notified,he would
prefer the clerical error be corrected. In response to Mr. Morrison, Esther Gesick, Deputy Clerk to
the Board, indicated the next available hearing dates would be February 4 and 18, 2004.
Mr.Vazquez questioned if Mr. Brown is a property owner within 500 feet. Mr. Morrison stated that
issue is mute because he is here, and he reviewed the names included in the mailing list. Mr.
Vazquez also questioned if the same error was made for the Planning Commission hearing. He
stated this is not an invasive operation. Commissioner Geile explained if a case is not heard
completely and accurately, the opponents could use the 106 Process and the court could issue
further review by the Board. Therefore, it is to the benefit of the applicant that the process be
corrected at this point.
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HEARING CERTIFICATION - JON MOSER (USR #1442)
PAGE 3
Commissioner Jerke moved to continue the request of Jon Moser for a Site Specific Development
Plan and Use by Special Review Permit #1442 for 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,to Wednesday, February 4,
2004,at 10:00 a.m. The motion was seconded by Commissioner Long,and it carried unanimously.
There being no further discussion, the hearing was completed at 10:45 a.m.
This Certification was approved on the 19th day of January 20034
APPROVED:
BOARD OF COUNTY COMMISSIONERS
W COUNTY, COLOR DO
•
PfiATTEST: Lila la '� �_ -�
Robert D. Masden, Chair
Weld County Clerk to the board-
"' " EXCUSED DA E OF APPROVAL
William H. J e, Pro-Tem
BY: ti
Deputy Clerk to the B -2
M. Geile
TAPE #2004-04 C
David . Long
DOCKET #2004-07
Glenn Vaad
2004-0125
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