HomeMy WebLinkAbout20010601.tiff HEARING CERTIFICATION
DOCKET NO. 2001-11
RE: CHANGE OF ZONE #554 FROM A (AGRICULTURAL) ZONE DISTRICT TO C-3
(COMMERCIAL) ZONE DISTRICT -JERRY AND MARGARET SAMBER
A public hearing was conducted on February 28, 2001, at 10:00 a.m., with the following present:
Commissioner M. J. Geile, Chair
Commissioner Glenn Vaad, Pro-Tem - EXCUSED
Commissioner William Jerke
Commissioner David Long - EXCUSED
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, Pam Smith
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated February 2, 2001, and duly published February 7,
2001, in the Tri-Town Farmer and Miner, a public hearing was conducted to consider the request
of Jerry and Margaret Samber for Change of Zone#554 from the A (Agricultural) Zone District to
the C-3 (Commercial)Zone District. Lee Morrison, Assistant County Attorney, made this a matter
of record. Chair Geile advised Jerry Samber, applicant, that he has the option of continuing this
matter to a date when the full board will be present. However, if he decides to proceed today, it
will require three affirmative votes, or the matter will be deemed denied. Mr. Samber indicated he
would like to proceed today.
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 description of the location of the site, which is .35 acres in size. He stated
the site is neat and orderly, with no apparent zoning violations. Mr. Anderson further stated four
referral agencies responded in favor of the proposal, the Sheriff's Office indicated concerns with
the proposed use,one referral agency indicated no conflicts,and staff has received letters in favor
of the proposal from Edith Dack and Forrest Tappy, surrounding property owners. Mr. Anderson
explained the applicant initially applied for a liquor license; however,due to misleading information,
they were required to apply for this Change of Zone. He stated the building was constructed in the
early 1800's, and has been used as a bank, hardware store, and implement dealership. Mr.
Anderson reviewed the reasons for approval as indicated in the Planning Commission Resolution,
and stated the applicant has submitted a Site Plan Review in anticipation of approval of this
Change of Zone request. Responding to Commissioner Jerke, Mr. Anderson indicated he has no
changes to the Resolution. In response to Chair Geile, Pam Smith, stated there is a septic system
that serves the facility; however, the applicant has had an engineered system designed, and the
old septic system will be abandoned. She agreed that Condition #4.12 can be deleted. In
response to Chair Geile, Connie O'Neill, Weld County Department of Public Health and
pe,',oL� gL16-4, 2001-0601
PL1473
HEARING CERTIFICATION - JERRY AND MARGARET SAMBER (COZ#554)
PAGE 2
Environment, stated there are nine other structures being serviced by a centralized well, and the
owner of that well has applied to have the system classified as a public water system. Ms. O'Neill
stated the Conditions of Approval require the well to be permitted, and it must go through a Site
Plan Review process. She further stated the applicant must provide the Weld County Department
of Public Health and Environment with evidence of approval from the State Engineer's Office, prior
to recording the Change of Zone plat. She stated the process has been started; however, she is
not sure how long Natural Resources Division review will take. Ms. O'Neill stated the applicant
does not own the well, and the well owner will be responsible for the applicant and maintenance
of the system.
Mr. Samber explained the establishment will be called Deweys after one of the previous owners,
and he explained the State has indicated they are reviewing the well system; however, it may be
left the way it is. He stated the well is not permitted; however, it is registered. He further stated
the well was dug in 1954, because at the time, the Town of Stoneham had no public water. He
stated the water was piped to the residents at that time. Mr. Samber explained there are now 15
sites using the well, including the Catholic Church and the community building. He stated the well
can pump up to 50 gallons per minute, it was drilled at 750 feet deep, and it provides good quality
water. Mr. Samber stated his building has new pipes which supply adequate pressure and quality.
He further stated the chlorine system will be addressed by the person that owns the well if
necessary. Responding to Chair Geile, Ms. O'Neill stated Condition of Approval#3.B requires the
applicant to provide evidence of approval by the Colorado Department of Public Health and
Environment fora Plan Review of a public water supply system. Mr. Samber concurred and stated
he has no concerns with the plan. Mr. Samber stated the ground is frozen so have not been able
to proceed with the septic system. Responding to Mr. Morrison, Ms. O'Neill stated the Water
Resources Permit must be approved prior to recording the plat. Mr. Morrison suggested Condition
#2.A be amended to add "or registered"after the word "permitted" because the well is old enough
that it predated the permitting process. In response to Chair Geile, Ms. Samber stated he had no
objection to that amendment.
No public testimony was offered concerning this matter. Esther Gesick Deputy Clerk to the Board,
suggested the Board set a hearing date for the liquor license application. She stated a hearing was
previously set; however, the matter was continued to a date following completion of the Change
of Zone process. Mr. Morrison stated once the Change of Zone permit is in place, there is no
conflict with proceeding with the liquor hearing. In response to Chair Geile, Mr. Samber stated the
liquor application has been submitted, the fees have been paid, and the neighborhood has been
established. Mr. Morrison clarified the evidence regarding the liquor license has been heard and
discussed. Ms. Gesick added all of the liquor issues have been addressed with the exception of
this zoning matter. She suggested the Application for a Tavern Liquor License for Jerry Samber,
dba Deweys, be set for Monday, March 19, 2001, at 9:00 a.m.
Commissioner Jerke moved to approve the request of Jerry and Margaret Samber for Change of
Zone#554 from the A(Agricultural)Zone District to the C-3 (Commercial)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 to amend Condition#2.A to
add "or registered" after the word "permitted," and to delete Condition #4.12. The motion was
seconded by Commissioner Masden, and it carried unanimously. Chair Geile confirmed the
Application for a Tavern Liquor License for Jerry Samber, dba Deweys, will be considered on
Monday, March 19, 2001, at 9:00 a.m.
2001-0601
PL1473
HEARING CERTIFICATION - JERRY AND MARGARET SAMBER (COZ#554)
PAGE 3
This Certification was approved on the 5th day of March 2001.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
_ WELD COU Y, COLORADO
�- �®ATTEST: �G" /
f. cieile, Chair
Weld County Clerk t.i
EXCUSED
Glenn Vaad, Pro-Tern
BY: ii<< e`"" ,•.� iL-.+_I _ / n
Deputy Clerk to the
William H. Jerke
TAPE #2001-09 and #2001-10 EXCUSED
David
�E. Lon
g
DOCKET#2001-11 \�o MJ L� V3---
Robert D. Masden
2001-0601
PL1473
EXHIBIT INVENTORY CONTROL SHEET
Case COZ#554 - JERRY AND MARGARET SAMBER
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 02/20.2001)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Photo of sign posted on site
F.
G.
H.
J.
K.
L.
M.
N.
O.
P.
Q.
R.
S.
T.
U.
V.
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 28TH DAY OF FEBRUARY, 2001:
DOCKET#2000-69 - STROMO, LLC/JOHN MOSER
DOCKET#2001-11 - JERRY AND MARGARET SAMBER
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 • and Zip Code)DO ET#OF HEARING ATTENDING
i �4 j (CCh 4 v�L 44 (4.e. 4A/L 1 K 7 ,roo /
kl-toms.--- 9 e%Cv 9
Hello