HomeMy WebLinkAbout20030150.tiff HEARING CERTIFICATION
DOCKET NO. 2003-06
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT
#1406 FOR A BUSINESS PERMITTED AS A USE BY RIGHT OR AN ACCESSORY
USE IN THE COMMERCIAL ZONE DISTRICT (PARKING OF COMMERCIAL TRUCKS
AND EQUIPMENT) IN THE A(AGRICULTURAL) ZONE DISTRICT - RONALD AND
MICHELE SACK
A public hearing was conducted on January 29, 2003, at 10:00 a.m., with the following present:
Commissioner David E. Long, Chair
Commissioner Robert D. Masden, Pro-Tem - EXCUSED
Commissioner M. J. Geile
Commissioner William H. Jerke
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Sheri Lockman
Health Department representative, Char Davis
Public Works representative, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated January 10, 2003, and duly published January
15, 2003, in the Tri-Town Farmer and Miner, a public hearing was conducted to consider the
request of Ronald and Michele Sack for a Site Specific Development Plan and Use by Special
Review Permit#1406 for a Business Permitted as a Use by Right or an Accessory Use in the
Commercial Zone District (parking of commercial trucks and equipment) in the A (Agricultural)
Zone District. Lee Morrison, Assistant County Attorney, made this a matter of record. Sheri
Lockman, Department of Planning Services, stated due the absence of the applicant, who did
receive notice of this hearing, she would request this matter be continued. Mr. Morrison stated
the Board may take testimony from those who will not be able to come back at a later date. Ms.
Lockman presented a brief summary of the proposal and entered the favorable
recommendation of the Planning Commission into the record as written. She gave a brief
description of the location of the site and surrounding uses, and stated the residence to the
south would be most impacted by the use. Ms. Lockman stated eight referral agencies
reviewed this proposal, six responded favorably, and two did not respond. She stated no
correspondence has been received from surrounding property owners; however, some are in
attendance today, and she displayed various photos of the site. Ms. Lockman stated the
Planning Commission did discuss screening the trucks, and the applicant is proposing they be
moved to a parking area near the trees; however, the trees would not provide much screening
in the winter. She further stated the area near the trees may also pose a conflict during the
irrigation season. She stated the applicant has indicated it would be a burden to place fencing
or another type of screening. Ms. Lockman stated the Colorado Department of Transportation
indicated the access is adequate and recommended approval of this proposal as long as the
applicants are the only employees and vehicles are not washed at the site.
2003-0150
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HEARING CERTIFICATION - RONALD AND MICHELE SACK (USR#1406)
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In response to Commissioner Jerke, Augustine Lopez, surrounding property owner, stated the
Calpine facility is located one mile to the north of this site. Don Carroll, Department of Public
Works, stated Weld County Road 51 is east of the site and heads north to the Calpine facility.
Mr. Carroll stated he is requesting the applicant provide a gravel surface, which is graded for
parking. He further stated any groundwater runoff must be contained and not effect
surrounding properties. In response to Commissioner Geile, Mr. Carroll stated the applicants
have indicated this proposal will not increase traffic at the site because the trucks are leased
and delivered to, or picked up from, the client.
Mr. Lopez stated he lives directly south of the proposed site and the Sacks are very good
neighbors. However, Mr. Lopez did express concern with the potential increase in traffic, dust,
noise and decreased property values due to a commercial use in an agricultural area. He also
expressed concern with the private sales of equipment which is being parked along the
roadway. He stated the applicants have been very responsive and addressed his request to
relocate the equipment that was for sale; however, they may not always be the owners and this
situation should be addressed in the Conditions of Approval. Mr. Lopez questioned whether the
surrounding property owners would also be considered for future commercial uses on their
property. In response to Commissioner Geile, Mr. Lopez stated he owns 16.9 acres.
In response to Commissioner Vaad, Ms. Lockman stated the Planning Commission
recommends the applicant be allowed to park the equipment behind the trees in the summer;
however, staff would prefer the equipment be relocated behind the house and barn during the
irrigation season. Commissioner Vaad commented the minutes of the Planning Commission
indicate the applicants started this business to supplement their income due to a poor farming
economy. He clarified this is not a zone change; however, this permit will allow a special use.
Responding to Commissioner Vaad, Mr. Morrison stated the Board has limited a Use by Special
Review Permit to the applicant; however, the applicant will need to concur. Responding to
Commissioner Jerke, Mr. Lopez indicated the trees are located approximately 100 yards from
Highway 52. Responding to Commissioner Geile, Mr. Morrison stated the applicants lost a
majority of the farm due to financial problems, and they are currently working with the bank to
maintain this parcel and business following a foreclosure and bankruptcy.
Mr. Lopez returned and stated he would prefer fencing be required to shelter the view from his
home.
Commissioner Jerke commented it will be difficult to make a decision since concerns have been
expressed, the applicant is not in attendance, and there are only four Commissioners present.
Commissioner Geile commented he would also like discussion with the applicant regarding the
title situation.
Commissioner Jerke moved to continue the request of Ronald and Michele Sack for a Site
Specific Development Plan and Use by Special Review Permit#1406 for a Business Permitted
as a Use by Right or an Accessory Use in the Commercial Zone District (parking of commercial
trucks and equipment) in the A (Agricultural) Zone District, to Wednesday, February 12, 2003,
at 10:00 a.m. The motion was seconded by Commissioner Vaad, and it carried unanimously.
There being no further discussion, the hearing was completed at 10:45 a.m.
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HEARING CERTIFICATION - RONALD AND MICHELE SACK (USR#1406)
PAGE 3
This Certification was approved on the 3rd day of February 2003.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WEL OUNTY, COLORADO
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ATTEST: ikeli � La��
David E. Long, Chair
Weld County Clerk tow a ,T. -�
� EXCUSED
/ • Robert D. asden, Pro-Tern BY: Deputy Clerk to the Board
M. J. Geile
TAPE #2003-04 , 3(/m
William.H. Jerke
DOCKET#2003-06 4AA4
Glenn Vaad
2003-0150
PL1644
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