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HomeMy WebLinkAbout20011927.tiff HEARING CERTIFICATION DOCKET NO. 2001-42 RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1331 FOR AN INDOOR ARENA (PERSONAL TRAINING AND BOARDING) THAT EXCEEDS FOUR PERCENT (4%) OF THE TOTAL LOT AREA OF A LOT IN A RECORDED SUBDIVISION IN THE A (AGRICULTURAL) ZONE DISTRICT - BRIAN AND KATHY WILLIAMSON A public hearing was conducted on July 25, 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, Chris Gathman Health Department representative, Charlotte Davis Public Works representative, Don Carroll The following business was transacted: I hereby certify that pursuant to a notice dated June 22, 2001, and duly published June 27, 2001, in the Tri-Town Farmer and Miner, a public hearing was conducted on July 11, 2001, to consider the request of Brian and Kathy Williamson for a Site Specific Development Plan and Use by Special Review Permit#1331 for an indoor arena (personal training and boarding) that exceeds four percent(4%)of the total lot area of a lot in a recorded subdivision in the A(Agricultural)Zone District. At said hearing the Board deemed it advisable to continue the matter to July 25, 2001, at 10:00 a.m. in order to meet the sign posting requirements. Lee Morrison, Assistant County Attorney, made this a matter of record. 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 gave a brief description of the location of the site, and stated the Planning Commission recommends approval for the reasons cited in the Resolution of Recommendation. Mr. Gathman stated the applicant is proposing to reduce the intensity of the use by limiting the arena to personal use only. He submitted a memorandum, marked Exhibit M, requesting the last sentence of Reason of Approval #2.d be deleted, as well as Condition of Approval #3.6 because they no longer apply. In response to Commissioner Vaad, Mr.Gathman stated he called the municipalities regarding the structure's noncompliance with the Dacono, Firestone,and Frederick Design Standards; however, the Town of Firestone, indicated no objection to the proposal. Commissioner Vaad requested staff obtain a signed waiver from the Town of Firestone to ensure there is no misunderstanding in the future regarding the Intergovernmental Agreement. Responding to Commissioner Masden, Mr. Gathman stated the structure will take up approximately 4.5 percent of the lot area. In response to Chair Geile, Mr. Gathman stated the applicant has the option of requesting they be exempted / 2001-1927 pe /'4 L ('EP) f/t PL1536 HEARING CERTIFICATION - BRIAN AND KATHY WILLIAMSON (USR#1331) PAGE 2 from the road impact fee now that the use has changed. Monica Mika, Director of Planning Services, added that structures which do not create additional impacts to the roads are generally not taken before the Road Impact Fee Committee. Mr. Gathman stated the Department of Public Works has requested Condition of Approval#2.C.4 be amended to add gravel as a surface option; however, Chair Geile indicated the Condition may not be necessary at all since the use is being restricted to personal use only. Mr. Gathman concurred that Condition of Approval#2.C.4 could be deleted. In response to Chair Geile, Charlotte Davis,Weld County Department of Public Health and Environment, stated Condition of Approval #3.B was added because the arena facility was more than 200 feet from the residence and allowed boarders;however, because the use has been changed to personal use only,the restroom facilities in the residence will be sufficient. Don Carroll, Department of Public Works, stated the change in use also eliminates the need for Condition of Approval#2.C. Ms. Mika clarified the applicant can board animals as a use by right; however, the training requires a Special Review Permit, therefore, the facility can still be used for boarding animals they do not own. After having heard that testimony, Mr. Carroll requested Condition of Approval #2.C be left in the Resolution. Chair Geile advised Brian and Kathy Williamson,applicants,that they have 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 Jerke will listen to the record and make the determining vote. Mr. Williamson indicated they would like to proceed today. Mr.Williamson stated the use will be restricted to personal use,and he questioned whether the last sentence of Condition of Approval #3.A still applies. Commissioner Vaad stated the structure will still require building permits as stated in the first sentence; however, he agreed the second sentence is no longer relevant and should be deleted. Commissioner Long suggested the first sentence of Condition of Approval#3.A be amended to state, "Prior building permits shall be obtained prior to construction of the indoor arena." In response to Commissioner Long, Mr. Carroll stated Condition of Approval #2.C.4 can be deleted because the parking for patrons is still addressed by Condition of Approval#2.C.2. In response to Chair Geile, Mr.Williamson stated they have reviewed and agree with the Conditions of Approval and Development Standards, as well as the discussed changes and modifications. No public testimony was offered concerning this matter. Commissioner Vaad moved to approve the request of Brian and Kathy Williamson for a Site Specific Development Plan and Use by Special Review Permit#1331 for an indoor arena(personal training and boarding) that exceeds four percent (4%) of the total lot area of a lot in a recorded subdivision 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 the last sentence of Reason of Approval #2.D, deleting Condition of Approval #2.C.4, deleting the last sentence of Condition of Approval#3.A and amending the first sentence to add"indoor"prior to"arena,"deleting Condition of Approval #3.B, and deleting Development Standard #14. The motion was seconded by Commissioner Masden, and it carried unanimously. 2001-1927 PL1536 HEARING CERTIFICATION - BRIAN AND KATHY WILLIAMSON (USR#1331) PAGE 3 This Certification was approved on the 30th day of July 2001. APPROVED: BOARD OF C UNTY COMMISSIONERS WELD COU , COLORADO ATTEST: Atitu '/ La ile, Chair Weld County Clerk to gB - , O�3ilt? Glenn Vaad, Pro-Tem BY: Deputy Clerk to the ;'l°t)' EXCUSED Will H. Jerke TAPE #2001-31 .1 1 G.Cl 6'47 D��vi E.. Lon DOCKET#2001-42 ,/1 /l ' Robert D. Masden 2001-1927 PL1536 EXHIBIT INVENTORY CONTROL SHEET Case USR#1331 - BRIAN AND KATHY WILLIAMSON 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 06/05/2001) D. Clerk to the Board Notice of Hearing E. Planning Staff Referral from Health (06/22/2001) F. Planning Staff Revised Plat Map (07/05/2001) G. Planning Staff Memorandum re: Continuance to 07/25/2001 H. Lynn and Steve Chrisman E-Mail of Support (07/08/2001) I. Planning Staff Manure and Storm Water Management Plan J. Planning Staff Dust Abatement Plan K. Planning Staff Referral from Health (07/23/2001) L. Planning Staff E-Mail re: Change from Boarders to Private use (06/29/2001) M. Planning Staff Memorandum re: Proposed amendments N. Planning Staff Certification of Sign Posting Certificate O. P. Q. R. S. T. U. ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 25TH DAY OF JULY, 2001: DOCKET#2001-42- BRIAN AND KATHY WILLIAMSON DOCKET#2001-50- HALL-IRWIN CORPORATION, CIO ROCKY MOUNTAIN CONSULTANTS DOCKET#2001-45- ST. VRAIN SANITATION DISTRICT 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. 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