The URL can be used to link to this page

Browse Search

Home My WebLink About20041794 HEARING CERTIFICATION DOCKET NO. 2004-61 RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1477 FOR A SINGLE FAMILY DWELLING UNIT(OTHER THAN THOSE PERMITTED UNDER SECTION 23-3-20.A OF THE WELD COUNTY CODE) IN THE A (AGRICULTURAL) ZONE DISTRICT - DAVID AND DARLENE ROTHROCK A public hearing was conducted on July 21, 2004, at 10:00 a.m., with the following present: Commissioner Robert D. Masden, Chair - EXCUSED 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, 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 July 1,2004, and duly published July 7,2004, in the Fort Lupton Press, a public hearing was conducted to consider the request of David and Darlene Rothrock for a Site Specific Development Plan and Use by Special Review Permit #1477 for a Single Family Dwelling Unit(other than those permitted under Section 23-3-20.A of the Weld County Code) in the A (Agricultural)Zone District. Lee Morrison, Assistant County Attorney, made this a matter of record. Chair Pro-Tem Jerke advised Anne Best-Johnson, Todd Hodges Design, LLC, that the applicant has 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 Masden will listen to the record and make the determining vote. Ms. Johnson indicated the applicant 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 explained the modular was permitted under a Zoning Permit for a Mobile Home(ZPMH)to be used as a Temporary Accessory to the Farm. He stated a ZPMH Permit must be rejustified annually and, after review, staff recommended the applicant obtain a Use by Special Review Permit which is more appropriate for this situation. He further stated this Permit will not change the layout of the site or alter the impact to surrounding properties because the residences already exist. Mr. Gathman stated the applicants for this type of case are typically required to apply for a Recorded Exemption when the site become eligible. However, in this instance the mobile home does not have direct access to a County Road, therefore, the Planning Commission deleted the Condition. In response to Commissioner Jerke, Mr. Gathman indicated the locations of the two residences and the shared access from Weld County Road 43, and stated this site is 108 acres. 2004-1794 PL1727 ('(;; iL, f'Gc/ IfL- Cyr/3 e�'� HEARING CERTIFICATION - DAVID AND DARLENE ROTHROCK (USR #1477) PAGE 2 Char Davis, Department of Public Health and Environment, stated the residences will be serviced by an existing well and two permitted septic systems. Donald Carroll, Department of Public Works, stated Highway 52 is located to the south and Weld County Road 43 is to the east. In response to Commissioner Jerke, Mr. Carroll stated vehicles currently access Highway 52 at Weld County Road 43. Mr. Gathman stated a referral was sent to the Colorado Department of Transportation(CDOT);however,no response was received. He stated staff had no concern with the access on Highway 52 since the use is existing. Ms. Johnson reviewed the location of the site and surrounding land uses, and stated the Town of Hudson did provide a positive response. She stated this parcel is part of the greater 1,706-acre property known as the 2dr Cattle Company Ranch, and the modular will be used to house ranch employees. Ms. Johnson stated this permit will not affect the productivity of the site, the use is existing and compatible with surrounding uses, it is not located within any overlay districts,there are adequate utility facilities, and the applicants are good stewards of their property. No public testimony was offered concerning this matter. Commissioner Geile commented Development Standards#16, #17, and #18 may not apply since the buildings already exist. Mr. Morrison stated the primary residence is an existing historical structure, therefore, the Building Codes will not apply unless the applicants make modifications. Mr.Gathman stated the applicants were granted the Accessory to the Farm in 1997,and the mobile home structure was appropriately permitted at that time. Mr. Morrison stated any future modifications to the structures would be subject to the Building Code regulations regardless of whether the statements in the Development Standards are included, therefore, he expressed no opposition to deleting the Standards. Commissioner Geile moved to delete Development Standards#17 and#18. Commissioner Long seconded the motion, which carried unanimously. Mr. Gathman requested Development Standard#10 be deleted since a Recorded Exemption will not be feasible in splitting off the mobile home. Commissioner Geile moved to delete Development Standard #10. Commissioner Long seconded the motion,which carried unanimously. In response to Commissioner Gene, Mr. Morrison concurred with deleting Development Standard#16,and adding the last sentence to Development Standard #19. Commissioner Geile moved to make the change as suggested by Mr. Morrison. Commissioner Long seconded the motion, which carried unanimously. In response to Commissioner Vaad, David Rothrock, applicant, stated this Permit process was proposed by staff as an accommodation rather than being required to annually renew the ZPMH. In response to Commissioner Jerke, Ms. Johnson concured with the Conditions of Approval and Development Standards as proposed and modified. Commissioner Vaad moved to approve the request of David and Darlene Rothrock for a Site Specific Development Plan and Use by Special Review Permit#1477 fora Single Family Dwelling Unit (other than those permitted under Section 23-3-20.A of the Weld County Code) 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 Development Standards#10,#16,#17,and#18, adding the last sentence of Development Standard#16 to Development Standard#19, and renumbering accordingly. 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. 2004-1794 PL1727 HEARING CERTIFICATION - DAVID AND DARLENE ROTHROCK (USR #1477) PAGE 3 This Certification was approved on the 26th day of July 2004. APPROVED: BOARD OF COUNTY COMMISSIONERS at,��/ WELD COUNTY, COLORADO 1861 r$41;:.),- _ /1/1/“ EXCUSED j Robert D. Masden, Chair rF ou.nty Clerk to the Board ® �` .' i' William H. rke, Pro-Tern Deputy Clerk tot e oard .� M. eile TAPE #2004-30 24 David E. Long DOCKET#2004-61 EXCUSED DATE OF APP OVAL Glenn Vaad 2004-1794 PL1727 EXHIBIT INVENTORY CONTROL SHEET Case USR #1477 - DAVID AND DARLENE ROTHROCK 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 06/15/2004)) D. Clerk to the Board Notice of Hearing E. Planning Staff Condition of Approval Satisfied, dated 06/24/2004 F. Planning Staff Certification and Photo of sign posting, submitted 07/21/2004 G. Applicant Three Power07/21/2004 H. J. K. L. M. N. O. P. Q. R. S. T. U. V. ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 21ST DAY OF JULY, 2004: DOCKET#2004-62 -CATTAIL CREEK GROUP, LLC DOCKET#2004-61 - DAVID AND DARLENE ROTHROCK PLEASE legibly write or print your name and complete address. NAME ADDRESS John Doe 123 Nowhere Street, City, State, Zip 04u l d 1-Ic Eat- 33 G f\ I (4),c_,.2 I. ' 4.)I t- /o,& Co 6. ?Oyyo DA-J ( 0 5 D#-e#e Rei l-4Rock, 5io1`i W C 12 1-3 j Po.&ex 3b D50,1/4 0e • 30C.. Ai‘hw j(nrecam :road-r-t es She r 1 ace( (J, ClevrlcmJ 4)o 1ak(awd CO 1co7 Hello