HomeMy WebLinkAbout20042997 HEARING CERTIFICATION
DOCKET NO. 2004-88
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1482
FOR A USE BY RIGHT OR ACCESSORY USE IN THE INDUSTRIAL ZONE DISTRICT
(STORAGE OF VEHICLES AND EQUIPMENT ASSOCIATED WITH A TREE TRIMMING
BUSINESS) IN THE A(AGRICULTURAL)ZONE DISTRICT-MICHAEL AND NICOLETTE
THOMPSON
A public hearing was conducted on October 6, 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 - EXCUSED
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Chris Gathman
Health Department representative, Char Davis
Public Works representative, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated September 17, 2004, and duly published
September 22, 2004, in the Fort Lupton Press, a public hearing was conducted to consider the
request of Michael and Nicolette Thompson for a Site Specific Development Plan and Use by
Special Review Permit#1482 for a Use by Right or Accessory Use in the Industrial Zone District
(storage of vehicles and equipment associated with a tree trimming business)in the A(Agricultural)
Zone District. Lee Morrison, Assistant County Attorney, made this a matter of record. Chair
Masden advised Michael and Nicolette Thompson, co-applicants, that they have the option of
continuing this matter to a date when the full Board will be present. However, if they decide to
proceed today, it will require three affirmative votes, or in the case of a tie vote, Commissioner
Long will listen to the record and make the determining vote. The applicants indicated they would
like to proceed today.
Chris Gathman, 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. He
gave a brief description of the location of the site, and stated Development Standard #3 describes
the vehicles and equipment to be stored on the site. Mr. Gathman reviewed the site layout and
surrounding uses, and he submitted a memorandum, marked Exhibit G, requesting the addition
of Condition#1.D to state, "The applicant shall provide written evidence that they have addressed
the requirements of the City of Dacono as stated in item #1 of the referral dated June 22, 2004."
He explained at this time the site is two miles from Dacono and it is uncertain when annexation will
be an option.
2004-2997
PL1744
HEARING CERTIFICATION - MICHAEL AND NICOLETTE THOMPSON (USR #1482)
PAGE 2
Char Davis, Department of Public Health and Environment, stated there is a permitted septic
system and domestic water well,which are adequate since there will be no employees on the site.
Donald Carroll, Department of Public Works,stated Weld County Road 19 is a collector status road
with an average daily traffic count of 1,900 vehicles,and Weld County Road 8 is a local gravel road.
He stated the site shares an access with the parcel to the south,and it is located approximately 200
feet from the intersection. In response to Commissioner Vaad, Mr. Gathman stated the Planning
Commission minutes will need to be corrected to show a favorable staff recommended.
Michael and Nicolette Thompson, co-applicants, were present. Ms. Thompson stated she is
opposed to the addition of a Condition requiring them to enter into an annexation agreement, and
at the Planning Commission hearing it was her understanding that it would not be required. Mr.
Gathman clarified the City of Dacono is not requiring a formal annexation agreement at this time;
however,the letter from Dacono does request the applicant agree to annex the property when it is
eligible. Commissioner Jerke commented annexation agreements are typically required for urban
uses on the outskirts of a municipality; however, this request is for a Use by Special Review for a
tree-trimming business, and he is not sure why an agreement would be needed. In response to
Commissioner Geile, Mr. Gathman stated the site is within Dacono's Urban Growth Boundary
(UGB), and Dacono indicated it would like to annex the site when it is eligible. Chair Masden
commented the terms of the Intergovernmental Agreement state an annexation agreement will be
supported when the site is eligible. Responding to Chair Masden, Mr. Gathman stated the site is
five acres, with approximately two acres of land and the remaining area is water surface. Mr.
Morrison stated under the IGA, non-urban uses are discouraged within the Urban Growth Boundary,
therefore, it is to the applicants'advantage to agree to the requirements of Dacono rather than face
opposition.
No public testimony was offered concerning this matter. In response to Chair Masden, the
applicants indicated they have reviewed and concur with the Conditions of Approval and
Development Standards as proposed and modified. Ms.Thompson stated this is a small business,
and annexing to the City of Dacono may not even be an issue for many years, at which time they
might be retired. She reiterated the business will consist of one truck and one operator.
Commissioner Geile commented Dacono has made a reasonable compromise by asking the
applicant to submit a letter indicating they will annex when the site is eligible.
Commissioner Geile moved to approve the request of Michael and Nicolette Thompson for a Site
Specific Development Plan and Use by Special Review Permit #1482 for a Use by Right or
Accessory Use in the Industrial Zone District(storage of vehicles and equipment associated with
a tree trimming 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 adding Condition#1.D as provided
by staff. The motion was seconded by Commissioner Vaad. Commissioner Geile commended the
applicants for their efforts in taking this property through the Use by Special Review process to
resolve a zoning violation. There being no further discussion,the motion carried unanimously and
the hearing was completed at 10:30 a.m.
2004-2997
PL1744
HEARING CERTIFICATION - MICHAEL AND NICOLETTE THOMPSON (USR #1482)
PAGE 3
This Certification was approved on the 11th day of October 2004.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WEIrUK(NTYY, COLORADO 40144441 ^�`
Iasi t� �q;��� Robert D. Masden, Chair
j rk to the BoardFia
William H. Je e, Pro-Tern
%Sfy Clerk to the Board
M. J eile
TAPE #2004-45 EXCUSED
David E. Long
DOCKET#2004-88 EXCUSED DATE OF APPROVAL
Glenn Vaad
2004-2997
PL1744
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1482 - MICHAEL AND NICOLETTE THOMPSON
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 08/17/2004)
D. Clerk to the Board Notice of Hearing
E. Patina Oil and Gas Corp. Letter dated 09/20/2004
F. Planning Staff Certification and Photo of sign posting
G. Planning Staff Memo re: Addition of Condition, dated
10/06/2004
H.
J.
K.
L.
M.
N.
O.
P.
Q.
R.
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T.
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 6TH DAY OF OCTOBER, 2004:
DOCKET#2004-75 - ROBERT CARPENTER AND DAVID LOTTMAN
DOCKET#2004-88 -MICHAEL AND NICOLETTE THOMPSON
DOCKET#2004-89 - BRITTARA LAND COMPANY, LLC
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