HomeMy WebLinkAbout20012607 HEARING CERTIFICATION
DOCKET NO. 2001-61
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1332
FORA BUSINESS PERMUTED AS A USE BY RIGHT OR AN ACCESSORY USE IN THE
COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (PARKING OF VEHICLES AND
EQUIPMENT AND REPAIR SHOP)IN THE A(AGRICULTURAL)ZONE DISTRICT-PHILIP
AND BONNIE JOHNSON
A public hearing was conducted on September 12, 2001, at 10:00 a.m.,with the following present:
Commissioner M. J. Geile, Chair
Commissioner Glenn Vaad, Pro-Tem
Commissioner William Jerke
Commissioner David Long
Commissioner Robert Masden
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Robert Anderson
Health Department representative, Trevor Jiricek
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated August 24, 2001, and duly published August 29,
2001, in the Tri-Town Farmer and Miner, a public hearing was conducted to consider the request
of Philip and Bonnie Johnson for a Site Specific Development Plan and Use by Special Review
Permit#1332 for a Business permitted as a Use by Right or an Accessory Use in the Commercial
or Industrial Zone Districts (parking of vehicles and equipment and repair shop) in the
A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this a matter of
record.
Robert Anderson, 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. Anderson gave a brief description of the location of the site and surrounding uses. He stated
three referral agencies responded with proposed conditions and recommendations, and four
indicated no conflicts. He further stated the site is not located within any Overlay Districts,
Intergovernmental Agreement areas,or Urban Growth Boundaries. The site is within the three-mile
referral area for the Town of Fort Lupton, which indicated no conflict. Mr. Anderson reviewed the
reasons for approval as indicated in the Planning Commission Resolution. In response to Chair
Geile, Mr. Anderson stated the applicant has applied for, and received, an Injection Well Permit
from the Colorado Department of Public Health and Environment, so the Condition for that matter
can be deleted. In response to Chair Geile, Mr. Anderson stated Condition #2.C will be enforced
if the operation is increased beyond what is currently proposed. Don Carroll, Department of Public
Works,stated Weld County Road 35 is designated as a local paved road,which was upgraded and
paved through an Improvements Agreement with the developer of the Buffalo Ridge Subdivision
last year. He stated the County did elevate and place a culvert on the east entrance of this site,
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HEARING CERTIFICATION - PHILIP AND BONNIE JOHNSON (USR#1332)
PAGE 2
and there is a second access on the south. Mr. Carroll stated Weld County Road 12 is designated
as a local gravel road. TrevorJiricek,Weld County Department of Public Health and Environment,
commented the letter from the Environmental Protection Agency addresses the requirement under
Condition#2.A because the applicants do not have a floor drain,so the Condition could be deleted.
Philip Johnson, applicant, stated he drives one of the trucks and there are times when he must
leave as early as 4:00 a.m., and times that he does not return until 10:00 p.m. Mr. Johnson
requested the hours of operation be extended to allow for the extended hours that are required on
occasion. He explained there are only two trucks at this site;the rest are stored in Denver and only
come to the site on weekends for maintenance if needed. Commissioner Jerke suggested
Development Standard #20 be eliminated due to the nature of the operation. Responding to
Commissioner Jerke, Mr. Johnson agreed that if the property is sold, the new owner could
potentially have up to ten semi-trucks. He stated there are other commercial operations already
in the area so this proposal should not have a significant impact on the neighbors. He further
stated the waste disposal facility has been shut down. Responding to Commissioner Vaad, Mr.
Johnson indicated the location of the various surrounding properties, and stated Buffalo Ridge
Subdivision is located approximately three-quarters of a mile to the south. Responding to
Commissioner Jerke, Mr. Anderson stated there are a variety of uses in the area which are
classified as industrial and light industrial, and the only potential conflict is Buffalo Ridge
Subdivision to the south. He further stated the Conditions of Approval and Development Standards
should adequately mitigate any concerns.
No public testimony was offered concerning this matter. In response to Chair Geile, Mr. Johnson
stated he has reviewed and agrees with the proposed Conditions of Approval and Development
Standards as discussed. Commissioner Jerke moved to deleted Development Standard #20
regarding the hours of operation, and to renumber the remaining items. Commissioner Vaad
seconded the motion, and upon a call for the vote, the motion carried unanimously.
Commissioner Vaad moved to approve the request of Philip and Bonnie Johnson for a Site Specific
Development Plan and Use by Special Review Permit#1332 for a Business permitted as a Use by
Right or an Accessory Use in the Commercial or Industrial Zone Districts (parking of vehicles and
equipment and repair 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 entered into the record and amended. The motion was seconded by
Commissioner Masden,and it carried unanimously. There being no further discussion,the hearing
was completed at 10:45.
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HEARING CERTIFICATION - PHILIP AND BONNIE JOHNSON (USR#1332)
PAGE 3
This Certification was approved on the 17th day of September 2001.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD CO TY, COLORADO
ATTEST: L '� �� '� e)�
M. J. eile, Chair
Weld County Clerk to th Qv
a
t y Glenn Vaad, Pro-Tern
BY:
Deputy Clerk to the Boa vr;�ul� 'tj
WillirJ
TAPE #2001-38 Q
DOCKET#2001-61 stm,siarry
Robert D. Masden
2001-2607
PL1547
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1332 - PHILIP AND BONNIE JOHNSON
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 07/17/2001)
D. Clerk to the Board Notice of Hearing
E. EPA Notification re: Class V Shallow Well
(08/27/2001)
F. Planning Staff Two photos of sign posted on the site
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 12TH DAY OF SEPTEMBER, 2001:
DOCKET#2001-60 - RAYMOND AND DEBRA CARPIO/LUPE CARPIO
DOCKET#2001-61 - PHILIP AND BONNIE JOHNSON
PLEASE legibly write or print your name and complete address and the DOCKET#
(as listed above) or the name of the applicant of the hearing you are attending.
NAME AND ADDRESS(Please include City and Zip Code)DOCKET#OF HEARING ATTENDING
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