HomeMy WebLinkAbout20031321.tiff HEARING CERTIFICATION
DOCKET NO. 2003-41
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1417
FOR A USE ALLOWED BY RIGHT IN THE C-3 (BUSINESS COMMERCIAL) ZONE
DISTRICT(EXCAVATION EQUIPMENT REPAIR SHOP AND CONTRACTOR'S SHOP)IN
THE A (AGRICULTURAL) ZONE DISTRICT - PETER JACKSON
A public hearing was conducted on May 21, 2003, at 10:00 a.m., with the following present:
Commissioner David E. Long, Chair
Commissioner Robert D. Masden, Pro-Tem
Commissioner M. J. Geile
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, Kim Ogle
Health Department representative, Char Davis
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated May 2, 2003, and duly published May 8, 2003, in the
South Weld Sun, a public hearing was conducted to consider the request of Peter Jackson for a
Site Specific Development Plan and Use by Special Review Permit #1417 for a Use Allowed by
Right in the C-3 (Business Commercial) Zone District (excavation equipment repair shop and
contractor's shop) in the A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney,
made this a matter of record. Kim Ogle, 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 stated the site is within the three-mile referral area of the Town of
Eaton, which responded with no concerns, and the City of Greeley, which expressed concern
regarding screening for the outdoor storage of materials. Mr. Ogle stated the site is located on
State Highway 392 at Weld County Road 29, with access to the property being from Weld County
Road 29. He also stated the City of Greeley requested the use be fully screened. Char Davis,
Department of Public Health and Environment, requested Condition of Approval #1.J be deleted,
since it has already been satisfied. Don Carroll, Department of Public Works, stated the access
is a shared access which was granted through the Recorded Exemption process.
Peter Jackson, applicant, stated Weld County Road 29 is black-topped for approximately 1,200
feet. He asked the Board to consider changing Condition of Approval#1.6.6, since this is a storage
facility and will have no customers going in and out of the facility, he would like the number of
required parking spaces to be five or six. He also would like Condition of Approval#2.A.8 changed
so he is not required to put the containers for storage on a permanent structure. He stated he
would need time to get the new building up before removing the containers; however, removal
would be expedited if they were not on permanent foundations. He stated he has a problem with
Greeley dictating what goes on in Weld County regarding screening; however, he stated he does
2003-1321
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(0 .' PL, 71-4,/,/k( --7f)
HEARING CERTIFICATION - PETER JACKSON (USR #1417)
PAGE 2
intend to screen the use, because his residence is on Lot B; however, since Greeley told him they
are doing nothing north of the river, he does not feel they should be able to dictate conditions. He
asked that Condition of Approval #1.D be deleted.
There was no public testimony given. Responding to Chair Long, Mr. Ogle stated the number of
parking stalls is based on the Zoning Code; however, with only four current employees and no
customers at the facility, staff would be willing to reduce the number of parking stalls to six in
Condition of Approval#1.B.6. Regarding Condition of Approval#1.D, Mr. Ogle stated staff requires
a screening plan for outside storage, which is contained in Condition of Approval#1.B.9, therefore,
he has no objection to striking Condition of Approval#1.D. Mr. Ogle stated the container structures
located on site are currently sitting on the ground, and they will be moved after the building has
been constructed. He acknowledged it will take a certain period of time to accomplish the
construction, and staff is willing waive the requirement until January 1, 2004, to make sure the
containers are removed or placed on permanent foundations. Therefore, Mr. Ogle recommended
Condition of Approval#2.A.8 remains as is,with the verbal understanding that Mr.Jackson has until
January 1, 2004, to meet the requirement. Responding to Commissioner Jerke, Mr. Ogle stated
Road Impact Fees will be assessed when the applicant applies for a building permit. Commissioner
Jerke stated he is not sure it is a complete service to the applicant if they do not discuss the fees
prior to applying for a building permit, since they cannot discuss them as part of this hearing
process. Chair Long verified that Mr.Jackson has read and agrees with the Conditions of Approval
and Development Standards as amended.
Responding to Commissioner Vaad, Mr.Ogle explained there are no Planning Commission minutes
because the case was on the Consent Agenda and was not pulled off; therefore, there was no
discussion on the case. Mr. Morrison explained that any two members of the Planning
Commissioner can ask for any matter be pulled off for discussion, or if staff or the applicant
discover a need to discuss changes; however, if there is no disagreement or discussion, they
expedite matters and the Planning Commission stands on staff comments.
Commissioner Vaad moved to approve the request of Peter Jackson for a Site Specific
Development Plan and Use by Special Review Permit#1417 for a Use Allowed by Right in the C-3
(Business Commercial)Zone District(excavation equipment repair shop and contractor's shop) 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 modified.
The motion was seconded by Commissioner Jerke, and it carried unanimously. There being no
further discussion, the hearing was completed at 11:00 a.m.
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HEARING CERTIFICATION - PETER JACKSON (USR #1417)
PAGE 3
This Certification was approved on the 28th day of May 2003.
APPROVED:
B D OF COUNTY COMMISSIONERS
OU TY, COLORADO
e
ATTEST: Sefel
vid E. Long, Chair
Weld County Clerk to th '6
.rte"7-2BY:
G d; Robert D. s en, Pro-Tem
Deputy Clerk to the Boar
. J. Geile
TAPE #2003-20
William H. Jerke
DOCKET#2003-41 ,a.,6-j
Glenn Vaad
2003-1321
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EXHIBIT INVENTORY CONTROL SHEET
Case USR #1417 - PETER JACKSON
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 04-01-2003)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Evidence of posting
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