HomeMy WebLinkAbout20031661 HEARING CERTIFICATION
DOCKET NO. 2003-59
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1398
FOR A USE ALLOWED AS A USE BY RIGHT IN THE INDUSTRIAL ZONE DISTRICT
(PARKING OF VEHICLES AND TRAILERS) IN THE A (AGRICULTURAL) ZONE
DISTRICT - RODNEY AND SUSAN COLE
A public hearing was conducted on July 23, 2003, at 10:00 a.m., with the following present:
Commissioner David E. Long, Chair- EXCUSED
Commissioner Robert D. Masden, Pro-Tem
Commissioner M. J. Geile - EXCUSED
Commissioner William H. Jerke
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Carol A. Harding
Assistant County Attorney, Lee Morrison
Planning Department representative, Chris Gathman
Health Department representative, Char Davis
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated June 27,2003,and duly published July 3,2003,in the
South Weld Sun, a public hearing was conducted to consider the request of Rodney and Susan
Cole for a Site Specific Development Plan and Use by Special Review Permit#1398 for a Use
Allowed as a Use by Right in the Industrial Zone District (parking of vehicles and trailers) in the
A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this a matter of
record. Chair Pro-Tem Masden explained the options available to the applicant with only three
Commissioners present,and Susan Cole,applicant,stated she would like to continue 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. Mr.Gathman
stated this is for the tractor trailer storage of two agricultural produce transport trucks, gave a brief
description of the surrounding uses,stated the applicant is proposing to plant trees to the west and
south of the property areas to screen the views,and stated 11 referral agencies reviewed this case
with 10 responding favorably or included concerns that have been addressed through Conditions
of Approval and Development Standards. Mr. Gathman stated a property owner is allowed to store
one business related vehicle in the Agricultural Zone District, however,this request is to allow two
to be stored. He further stated no letters of opposition have been received from neighboring
properties. Mr. Gathman requested that subparagraph 2.B.2 be amended to reflect Weld County
Road 59 is a paved collector road,instead of a local gravel road,and that it requires 80 feet of right-
of-way instead of 60 feet. He also indicated instead of a total of 30 feet, it should be, "A total of 40
feet from the centerline of Weld County Road 59 shall be delineated as right-of-way reservation on
the plat for future expansion of Weld County Road 59."
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HEARING CERTIFICATION - RODNEY AND SUSAN COLE (USR #1398)
PAGE 2
Char Davis,Department of Public Health and Environment,requested the addition of a Development
Standard to state,"Any septic system located on the property must comply with all provisions of the
Weld County Code pertaining to Individual Sewage Disposal Systems". Responding to
CommissionerJerke, Ms. Davis stated there is currently a septic system on site,and the standard
covers any repair that might be required in the future.
Ms. Cole stated their home was built on five acres, and they are only requesting the Special Use
Permit because of her husband's business; therefore, the septic and leach fields are only there
because of the residence. Ms. Davis stated the septic system is fine, it is permitted, and the
standard is only included in the permit in case there is a problem in the future, they would be
required to get a repair permit for it. Ms. Cole questioned why the personal septic system should
be attached to their business, and asked that it not be included in the Use By Special Review
Permit. Ms. Davis explained that the home is within the boundaries of the Use by Special Review
Permit, therefore, it is included in the Permit area, and any future repair must be done through
proper channels.
Don Carroll, Department of Public Works, stated Weld County Road 59 is designated in the
Transportation Plan as a collector status road, not a gravel road, which requires 80 feet of
right-of-way at full build out. There is currently 60 feet, and the County does maintain this stretch
of road. Mr. Carroll stated staff has worked with the applicant on adequate access and drainage
of the property.
Responding to Commissioner Jerke regarding Development Standards#12 and#13, Ms. Davis
stated household water is sufficient and, because there are no employees, the domestic well is
appropriate.
No public testimony was offered concerning this matter.
Responding to Commissioner Vaad, Ms. Cole stated they understand that, in reference to
Development Standards#3 and#14,they cannot do any repair or maintenance,such as oil changes
on the property,nor can they wash the vehicles without meeting special requirements for capturing
the effluent. Ms. Cole stated she does understand,and the repair and washing is done elsewhere.
Responding to Chair Pro-Tem Masden, Ms. Cole stated she agrees with all the Conditions of
Approval and Development Standards as modified.
CommissionerJerke moved to delete subparagraph 2.B.5,because of the small size of the facility,
the size and caliber of the trees should not be dictated. Commissioner Vaad seconded the motion,
which carried unanimously.
Commissioner Vaad moved to approve the request of Rodney and Susan Cole for a Site Specific
Development Plan and Use by Special Review Permit#1398 for a Use Allowed as a Use by Right
in the Industrial Zone District(parking of vehicles and trailers)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 and amending
Condition of Approval 2.B.2,adding a Development Standard regarding septic systems,and deleting
Condition of Approval 2.6.5. The motion was seconded by Commissioner Jerke, and it carried
unanimously. There being no further discussion, the hearing was completed at 10:30 a.m.
2003-1661
PL1675
HEARING CERTIFICATION - RODNEY AND SUSAN COLE (USR #1398)
PAGE 3
This Certification was approved on the 28th day of July 2003.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
�/� �i/� WELD COUNTY, COLORADO
I�ATTEST: - AO��' e EXCUSED
1 vid Lor C air
erk to the Board tr
Robert D. Men, Pro-Tern
1861 i��?ri? the Board EXCUSED
el Rs A M. J. Geile
\1.,90 1 7xCLvv
Willi H. Jer
DOCKET#2003-59 GI nn Vad"d G�
2003-1661
PL1675
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 23RD DAY OF JULY, 2003:
DOCKET#2003-59 - RODNEY AND SUSAN COLE
DOCKET#2003-53 - HEATHER WEIR
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
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EXHIBIT INVENTORY CONTROL SHEET
Case USR#1398 - RODNEY AND SUSAN COLE
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Item Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 05/20/2003)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Photo of posting
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