HomeMy WebLinkAbout20011765 HEARING CERTIFICATION
DOCKET NO. 2001-39
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1330
FOR A BUSINESS PERMITTED AS AN ACCESSORY USE (EXCAVATION BUSINESS)
IN THE C-3 (COMMERCIAL) ZONE DISTRICT IN THE A (AGRICULTURAL) ZONE
DISTRICT -JOHN ZADEL
A public hearing was conducted on June 27, 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 - 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 June 8, 2001, and duly published June 13, 2001,
in the Tri-Town Farmer and Miner, a public hearing was conducted to consider the request of John
Zadel for a Site Specific Development Plan and Use by Special Review Permit #1330 for a
Business permitted as an Accessory Use (excavation business) in the C-3 (Commercial) Zone
District in the A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this
a matter of record. Chair Geile advised Steve Stencil, Intermill Land Surveying, applicant
representative, 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 in the
case of a tie vote, Commissioner Long will listen to the record and make the determining vote. Mr.
Stencil 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 brief description of the location of the site and surrounding uses, and stated
four referral agencies responded with comments or proposed conditions,four indicated no conflict,
and four did not respond. He stated the site is located within the boundaries of the Tri-Area
Intergovernmental Agreement and the Road Impact Fee area. He requested the fourth sentence
of Condition of Approval#2.C be amended to replace the second reference to the word"width"with
"depth."
In response to Commissioner Vaad, Mr. Anderson stated this property accesses a boundary road
of the road impact fee area; however, the site is outside of the boundary, and fees would not be
assessed. Commissioner Vaad stated those decisions need to be made by the specific committee
designated for determining fees within the fee areas. Don Carroll, Department of Public Works,
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HEARING CERTIFICATION - JOHN ZADEL (USR#1330)
PAGE 2
added if the facility accesses onto a border road, it was his understanding that a fee is assessed;
however, if the access is onto a secondary road then there is no fee. In response to Commissioner
Vaad, Monica Mika, Director of Planning Services, stated based on the applicant's discussion for
use of access onto Weld County Road 10, the road impact fee committee determined there would
not be an impact to the system, nor a fee assessed. She further stated this issue will need to be
reviewed further and the transportation study will also show traffic flow and direction to determine
the impacts. Responding to Commissioner Jerke, Mr. Carroll stated Weld County Road 19 is
designated as a collector status road, with an average of 350 vehicles per day. Weld County
Road 10 is a section line road, which is not County-maintained, and it is maintained through a
Nonexclusive License Agreement granted in conjunction with Recorded Exemption #3051. Mr.
Carroll further stated there is an oil and gas facility located to the south and the operator has
requested Weld County Road 10 be upgraded to adequately cover their utility lines, and he added
Weld County Road 19 is paved. Commissioner Jerke stated Weld County Road 19 appears to be
a potential collector road and it would make more sense if the applicant were to access from Weld
County Road 10. Mr. Morrison referred to Section 20-2-10 of the Weld County Code which
indicates all properties which are located in the unincorporated areas east of Weld County
Road 19, but have primary access onto Weld County Road 19, shall be subject to the service area
fees.
In response to Chair Geile, Pam Smith, Weld County Department of Public Health and
Environment,stated the site will be serviced by the Central Weld County Water District, and added
the Platte Valley Soil Conservation District has expressed concern with soil limitations for septic
systems. Ms. Smith stated the existing septic system is engineered and is used for the residence,
and the Development Standards require the applicant to follow the Waste Management Plan. She
stated the Plan was approved on April 19, 2001, which states if a floor drain is used the applicant
must demonstrate compliance with the Environmental Protection Agency requirements. She
further stated Condition of Approval #2.E was proposed by the Department of Public Works;
however, she stated the Weld County Health Department does not review Storm Water Drainage
Plans. Ms. Smith recommended Condition#2.E be deleted and a new Development Standard#15
be inserted to state, "If applicable, the operator shall obtain a Storm Water Discharge Permit from
the Colorado Department of Public Health and Environment, Water Quality Control Division."
Steve Stencil, Intermill Land Surveying, represented the applicant and in response to
Commissioner Jerke, stated the operator is also a manager for the North Weld County Water
District. He explained the applicant lives nearby,his brother intends to purchase this site,and there
is already a water line in place to service the property. Responding to Chair Geile, Mr. Stencil
indicated he understands that if the property is not adequately buffered from the general public,the
site will be considered in violation of the permit. Mr. Stencil stated the applicant has been dealing
with HS Resources, and the thickness of gravel along Weld County Road 10 to protect
underground facilities is being discussed. Mr. Anderson stated Condition of Approval #2.C
addresses the Improvements Agreement, and the applicant previously indicated his willingness to
do what is necessary to address HS Resources' concerns.
No public testimony was offered concerning this matter. Responding to Chair Geile, Mr. Stencil
stated he and the applicant have reviewed and agree with the Conditions of Approval and
Development Standards, as well as the discussed revision to Condition of Approval#2.C, deletion
of Condition #2.E, and addition of Development Standard #15.
2001-1765
PL1528
HEARING CERTIFICATION - JOHN ZADEL (USR #1330)
PAGE 3
Commissioner Vaad moved to approve the request of John Zadel for a Site Specific Development
Plan and Use by Special Review Permit #1330 for a Business permitted as an Accessory Use
(excavation business) in the C-3 (Commercial) Zone District 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 amending Condition of Approval #2.C, deleting Condition of Approval #2.E, inserting a
new Development Standard #15 to state, "If applicable, the operator shall obtain a Storm Water
Discharge Permit from the Colorado Department of Public Health and Environment,Water Quality
Control Division," and renumbering or relettering as appropriate. The motion was seconded by
Commissioner Masden, and it carried unanimously.
This Certification was approved on the 2nd day of July 2001.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: getki La
EXCUSED DATE OF APPROVAL
r e M. J. Geile, Ch it
Weld County Clerk to `0 e • 1Q:�.� �/��
e /
Glenn Vaad, Pro- em
BY: •
Deputy Clerk to the Bo �✓iJ�
William H. Jerke
TAPE #2001-28 EXCUSED
David E. Long
DOCKET#2001-39 EXCUSED DATE hF APPROVAL
Robert D. Masden
2001-1765
PL1528
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1330 -JOHN ZADEL
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 05/15/2001)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Photo of sign posted at site
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 27TH DAY OF JUNE, 2001:
DOCKET#2001-38 - HCCP, LLC
DOCKET#2001-39 - JOHN ZADEL
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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