HomeMy WebLinkAbout20041102.tiff HEARING CERTIFICATION
DOCKET NO. 2004-30
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1459
FOR A BUSINESS PERMITTED AS A USE BY RIGHT IN THE COMMERCIAL ZONE
DISTRICT (VEHICLE SALES AND DETAILING ESTABLISHMENT) IN THE
A(AGRICULTURAL) ZONE DISTRICT - TONY DOWDY AND MIKE WHISTANCE
A public hearing was conducted on April 7, 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, Jacqueline Hatch
Health Department representative, Char Davis
Public Works representative, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated March 24,2004,and duly published March 27,2004,
in the Fort Lupton Press, a public hearing was conducted to consider the request of Tony Dowdy
and Mike Whistance fora Site Specific Development Plan and Use by Special Review Permit#1459
for a Business Permitted as a Use by Right in the Commercial Zone District (Vehicle Sales and
Detailing Establishment) in the A (Agricultural) Zone District. Lee Morrison, Assistant County
Attorney, made this a matter of record. Jacqueline Hatch, 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. Hatch gave a brief description of the location
of the site and surrounding uses,and stated the parcel is within the Fort Lupton Intergovernmental
Agreement(IGA)area. She stated 11 referral agencies reviewed this proposal,two responded with
no comments,six provided comments that have been addressed through the Conditions of Approval
and Development Standards. She further stated the City of Fort Lupton has requested this proposal
be denied based on the terms of the IGA. Ms. Hatch stated the School District and Division of
Wildlife did not respond,and staff received no correspondence from surrounding property owners.
She displayed photographs of the site and surrounding area.
Char Davis, Department of Public Health and Environment, stated she has no comments at this
time.
Donald Carroll, Department of Public Works, stated the site will be accessed from Weld County
Road 20, using a shared access with the Tote-a-Shed business. He stated the U.S. Highway 85
Access Control Plan identifies Road 20 as a public road, it is unsignalized, the existing design
meets standards,and the applicant will be subject to requirements of the Colorado Department of
Transportation(CDOT). In response to Chair Masden, Mr.Carroll stated the road impact fee is tied
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HEARING CERTIFICATION -TONY DOWDY AND MIKE WHISTANCE (USR #1459)
PAGE 2
to the construction of new structures. Ms. Hatch concurred and stated the fee is assessed when
a Building Permit is issued. In response to Commissioner Vaad, Ms. Hatch stated the City of Fort
Lupton is opposed to an urban scale use outside of its Urban Growth Boundary, and also has
concern with the intersection. She stated staff did use the referral from the Department of Public
Works as a reference; however,the applicant is subject to the requirements of CDOT. Mr. Carroll
stated CDOT has jurisdiction,and if the applicant does not use the Frontage Road for access,then
staff is satisfied. In response to Commissioner Geile, Mr. Morrison stated although the City of Fort
Lupton claims the use is not appropriate, the IGA is no longer active, therefore, the Board must
identify where the boundary used to be and determine whether the use would have been
appropriate. In response to Commissioner Vaad, Ms. Hatch stated staff did not respond to the City
of Fort Lupton in writing. Mr. Morrison stated the Board's finding regarding compliance with an IGA
is typically addressed in a Resolution, rather than sending correspondence from staff. (Switched
to Tape #2004-16.)
Tammy Ellerman,Orr Land Company,represented the applicant and stated Chapter 22 of the Weld
County Code supports agricultural uses in Weld County, and urban uses in a nonurban area will
only be considered if services can be provided. She stated the applicant has obtained approval from
CDOT, the Colorado Division of Water Resources, and is in compliance with Commercial Well
Permit #254153. She further stated the site will have an engineered septic system, and the
applicants have been working with the Fort Lupton Fire Protection District and the Weld County
Departments of Public Health and Environment and Building Inspection. She displayed a drawing
of the proposed building,marked Exhibit F,and stated this commercial use is the highest and best
use of the property. Ms. Ellerman reviewed a map of the surrounding uses, included in Planning
Commission Exhibit 6a,and stated most of the properties are permitted through a Use by Special
Review or are grandfathered commercial uses. She stated the subject site is not prime
farmground,it has no water,there is considerable noise from U.S.Highway 85 and the railroad,and
it lies within the State mandated Enterprise Zone. She further stated the proposal is compatible and
will have a minimal impact on the area. Ms.Ellerman clarified the City of Fort Lupton did not request
a denial, rather, the City Council requested the Commissioners scrutinize the proposed urban
growth in a nonurban area. She stated Planning Commission Exhibit 6a includes minutes from the
City of Fort Lupton meeting held on January 13,2004,and the Chamber of Commerce,and she also
referenced letters from surrounding property owners who indicated no concerns.
Kevin Willard,surrounding property owner,stated he owned the subject property for three years and
lived there for 2 years. Mr. Willard stated he initially intended to use the site for a feed store to
supplement his hay business. He stated he discussed his plans with the Department of Planning
Services and was informed this would be a good location because it would be compatible with the
surrounding uses and there is a lot of noise generated by the highway and railroad. Mr. Willard
stated he sold the property in October 2003, he has done business with the the applicants for ten
years, they do a good job, and the proposed business will be an asset to the area.
Mike Whistance,applicant,stated theywantthe proposed building and their business to be an asset
to the area.
Responding to Chair Masden, Ms. Ellerman stated she and the applicants have reviewed and
concur with the Conditions of Approval and Development Standards. In response to Commissioner
Geile, Ms.Ellerman stated the frontage road will be abandoned and the building will be visible from
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PAGE 3
U.S. Highway 85 and accessed from Weld County Road 20. Responding to Chair Masden, Ms.
Hatch stated Condition#1.C requires the applicant to obtain written approval of the building design
and the shared access.
Commissioner Geile moved to approve the request of Tony Dowdy and Mike Whistance for a Site
Specific Development Plan and Use by Special Review Permit#1459 for a Business Permitted as
a Use by Right in the Commercial Zone District(vehicle sales and detailing establishment)in the
A(Agricultural)Zone District,based on the recommendation of the Planning Commission,with the
Conditions of Approval and Development Standards as entered into the record. 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 12th day of April 2004.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
W CNRI, COLOR
ATTEST:
®� Robert D. Masden, Chair
Weld County Clerk tot B.
s ! r faskap
William H. rke, Pro-Tem
BY:
Deputy Clerk to the B.barri
...I M. `.t4ile
TAPE #2004-15 and #2004-16 � _ � •
David Long
DOCKET#2004-30
enn Vaad
2004-1102
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EXHIBIT INVENTORY CONTROL SHEET
Case USR#1459 -TONY DOWDY/MIKE WHISTANCE
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 02/17/2004)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Certification and Photo of sign posting,
submitted 04/07/2004
F. Applicant Building sketch
G.
H.
J.
K.
L.
M.
N.
O.
P.
Q.
R.
S.
T.
U.
V.
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THISITH DAY OF MAY, 2004:
DOCKET#2004-36 - PRIMA OIL AND GAS COMPANY
DOCKET#2004-30 -TONY DOWDY AND MIKE WHISTANCE
DOCKET#2004-31 -JOHN AND DENISE WALKUSCH
DOCKET#2004-32 - BARBARA SCHOTTELKOTTE
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS ITN DAY OF MAY, 2004:
DOCKET#2004-36 - PRIMA OIL AND GAS COMPANY
DOCKET#2004-30 -TONY DOWDY AND MIKE WHISTANCE
DOCKET#2004-31 -JOHN AND DENISE WALKUSCH
DOCKET#2004-32 - BARBARA SCHOTTELKOTTE
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
John Doe 123 Nowhere Street, City, State, Zip
�IcI3 gv3 t0I- - 12�- PKt N 1 DS4S
MI* V>ur(1{ L 22 I Licit 3 z drorOVI4 co 60701
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