HomeMy WebLinkAbout20012090.tiff HEARING CERTIFICATION
DOCKET NO. 2001-51
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1336
FOR A USE ALLOWED BY RIGHT IN THE I-3 (INDUSTRIAL) ZONE DISTRICT(REPAIR
OF OUTDOOR STORAGE OF EQUIPMENT FOR THE INSTALLATION OF
UNDERGROUND FIBER-OPTIC LINES) IN THE A(AGRICULTURAL)ZONE DISTRICT-
MARK AND PHYLLIS VAN THUYNE
A public hearing was conducted on August 1, 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 July 13, 2001, and duly published July 18, 2001, in
the Tri-Town Farmer and Miner, a public hearing was conducted to consider the request of Mark
and Phyllis Van Thuyne for a Site Specific Development Plan and Use by Special Review Permit
#1336 for a Use allowed by right in the 1-3 (Industrial) Zone District (repair of outdoor storage of
equipment for the installation of underground fiber-optic lines)in the A(Agricultural)Zone District.
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
submitted a photograph of the sign posted on the site, marked Exhibit E. He stated the machine
shop was originally permitted as an agricultural outbuilding, and added seven referral agencies
responded favorably or proposed conditions for this request. Mr. Gathman stated the Planning
Commission recommends approval for the reasons as cited in the Resolution of Recommendation,
which he reviewed for the record. He stated there is an existing residence and gravel lot, no farm
land will be removed from agricultural production, and he referred to his Memorandum requesting
changes, marked Exhibit F.
In response to Commissioner Vaad, Mr. Gathman stated the letter dated June 11, 2001, marked
Exhibit 4, from Kenneth Markham, was considered by the Planning Commission. He stated this
is a farming area and one of the Conditions of Approval requires the applicant to screen the
outdoor storage, and added there are existing mature trees which screen the equipment from the
road. He stated the hours of operation for maintenance and cleaning of equipment will be limited
to 6:30 a.m.to 6:00 p.m., Monday through Saturday,to address Mr. Markham's concern regarding
morning startup. He further stated the applicant provided photographs at the Planning Commission
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hearing indicating the water will not be leaving the site or running off onto farmland. In response
to Commissioner Masden, Mr. Gathman stated he could not view the south side of the Markham
property due to buildings blocking his view,and added the number of trucks related to the operation
will be limited to eight. In response to Commissioner Vaad, Mr. Morrison stated the Special Review
Permit will remain with the property, regardless of the owner, and it is very rare that a permit is
restricted to the property owner. Responding to Chair Geile, Mr. Gathman stated in 1992 this
parcel was created by a Recorded Exemption. Responding further to Chair Geile,Charlotte Davis,
Weld County Department of Public Health and Environment, stated the applicants remove dirt in
order to place the fiber-optic lines; however, it is unlikely that there will be any contaminated soils.
She further stated Development Standard#14 addresses the issue if work at a contaminated site
should occur. Ms. Davis stated the Class V Injection Well Permit will only be required if the shop
has a floor drain to prevent oils and antifreeze from entering the groundwater. Don Carroll,
Department of Public Works, stated Weld County Road 46 is designated as a local gravel road,
there is 60 feet of right-of-way maintained by Weld County, and a traffic count conducted on
May 18, 1999, indicated 113 vehicles per day on Weld County Road 46. He stated the application
indicates vehicles on the site will consist of two vehicles owned by the applicant, four employee
vehicles,six company pickups,two semi trucks, and the various machines used to place the lines;
however, he does not think they will significantly impact the road.
Phyllis Van Thuyne,applicant,stated they have farmed in the Berthoud area for 32 years;however,
last fall they decided to quit farming and start this business of installing underground phone lines.
She explained they use the shop to store equipment and operate the business office. Ms. Van
Thuyne stated this business uses some of the equipment from their previous farming operation;
however,this will definitely be less of an impact than a full-time irrigated farm. She explained there
are two tankers that hold the mud,water,and gravel removed from the site,which is then dumped
at a gravel pit. She stated the maintenance shop has been brought into compliance with the
Building Code. Responding to Chair Geile, Ms. Van Thuyne stated they purchased the 3.34-acre
parcel in 1992. She explained Mr. Fickle purchased the entire section, and they are purchasing
one-quarter of that farm, which is a separate property from their home site which is already paid
for. She further stated there is no floor drain, and after speaking with the Health Department, it
appears the need for a flood drain will be determined by the Weld County Department of Building
Inspection. Responding further to Chair Geile, Ms. Van Thuyne stated the truck tanks are cleaned
at the pit and then parked at the site to clean the outside. She further stated the water used to
wash down the trucks is not enough to run off the property. No public testimony was offered
conceming this matter.
Ms. Davis stated Development Standard#13 addresses the washing of vehicles and containment
of water on the property. Responding to Chair Geile, Ms.Van Thuyne stated she and her husband
have reviewed and agree with the Conditions of Approval and Development Standards, as well as
the proposed changes.
Commissioner Jerke moved to approve the request of Mark and Phyllis Van Thuyne for a Site
Specific Development Plan and Use by Special Review Permit#1336 for a Use allowed by right in
the 1-3 (Industrial) Zone District (repair of outdoor storage of equipment for the installation of
underground fiber-optic lines)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
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sentence of Reason of Approval#2.c,deleting Condition of Approval#2.F,and deleting the phrase,
"nor shall any building or electrical permits be issued on the property' from Condition of
Approval #3. The motion was seconded by Commissioner Vaad, and it carried unanimously.
This Certification was approved on the 6th day of August 2001.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD CO TY, COLORADO
ATTEST: Ley fir.
M. J. Geile, Chair
Weld County Clerk t. e �/
4-045
Glenn Pro-TU
BY: ii�t�. Z!5l,:'; aad, n
/ �'
Deputy Clerk to th1 �- `� /
Willi H. Jerke
TAPE#2001-32
vid . Lon
DOCKET#2001-51
R be . Masden
2001-2090
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 1ST DAY OF AUGUST, 2001:
DOCKET#2001-51 - MARK AND PHYLLIS VAN THUYNE
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
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1336 - MARK AND PHYLLIS VAN THUYNE
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 06/19/2001)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Photo of sign posted on site
F. Planning Staff Memorandum re: Proposed Changes
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