HomeMy WebLinkAbout20011034 HEARING CERTIFICATION
DOCKET NO. 2001-25
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1317
FORA BUSINESS(PARKING OF VEHICLES AND EQUIPMENT,AND A REPAIR SHOP)
IN THE A(AGRICULTURAL) ZONE DISTRICT - KELLY AND DANA BOYLE
A public hearing was conducted on April 18, 2001, at 10:00 a.m., with the following present:
Commissioner M. J. Geile, Chair
Commissioner Glenn Vaad, Pro-Tern
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, Sheri Lockman
Health Department representative, Charlotte Davis
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated March 30, 2001, and duly published April 4, 2001,
in the Tri-Town Farmer and Miner,a public hearing was conducted to consider the request of Kelly
and Dana Boyle for a Site Specific Development Plan and Use by Special Review Permit#1317
for a Business (parking of vehicles and equipment, and a repair shop) in the A(Agricultural)Zone
District. Lee Morrison, Assistant County Attorney, made this a matter of record. Sheri Lockman,
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. Ms. Lockman
gave a brief description of the location of the site and the surrounding uses. She stated nine
referral agencies responded favorably or proposed conditions of approval, one surrounding
property owner submitted comments expressing concern, and one surrounding property owner
submitted comments in favor of the proposal. Ms. Lockman stated the applicant has completed
Conditions#2.A, #2.C, #2.D, and #2.F.1, and she requested it be deleted. She also requested a
new Development Standard #22 be inserted to state, "All employees must be members of the
family living on the site until such time that bathroom facilities are installed according to the Weld
County Department of Public Health and Environment I.S.D.S. Regulations for the commercial use,
and a well permit allowing a commercial use has been obtained from the State of Colorado,
Division of Water Resources." Responding to Commissioner Vaad, Charlotte Davis,Weld County
Department of Public Health and Environment,stated the Environmental Protection Agency(EPA)
responded to the applicant indicating this site will not require an Underground Injection Control
Class V Injection Well Permit, and Condition of Approval #2.E can be deleted. Ms. Lockman
concurred and submitted the letter from the EPA, marked Exhibit I. (Switched to Tape#2001-19)
In response to Commissioner Jerke, Ms. Lockman stated the Health Department staff had
concerns with using a vaulted system for commercial purposes; however, the Department of
Building Inspection requires a drainage system with a contained vault so any drainage can be
pumped and removed. She further stated the applicant will be parking the semi trucks and the
shop is for repair of those trucks. Ms. Davis stated the letter from the State Engineer's Office,
2001-1034
HOC' ; ALA toe /IL (2am) PL1505
HEARING CERTIFICATION - KELLY AND DANA BOYLE (USR#1317)
PAGE 2
included in Exhibit E, indicates the well must be used for private family use only and the applicant
will be required to obtain a new permit if more employees,who are not members of the family, are
hired. Responding to Commissioner Jerke, Mr. Morrison stated legal notices for land use hearings
are mailed to surface property and mineral right owners within 500 feet of the site,a sign is posted,
and the notice is published in the County newspaper.
Dana and Kelly Boyle, applicants, were present to answer any questions. In response to
Commissioner Masden, Mr. Boyle stated he hauls heavy equipment with his trucks; however, he
does not bring the equipment on the site, and the shop is for servicing his trucks. He further stated
his trucks will be parked in the shop. Responding to Commissioner Long, Mr. Boyle stated he
currently owns two trucks. In response to Chair Geile, Ms. Boyle stated they have reviewed and
agree with the Conditions of Approval and Development Standards, as well as the proposed
changes. No public testimony was offered concerning this matter.
Commissioner Vaad moved to approve the request of Kelly and Dana Boyle for a Site Specific
Development Plan and Use by Special Review Permit#1317 for a Business (parking of vehicles
and equipment, and a 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. His motion also included the
deletion of Conditions #2.A, #2.C, #2.D, #2.E, and 2.F.1, and addition of Development
Standard #22 to state; "All employees must be members of the family living on the site until such
time that bathroom facilities are installed according to the Weld County Department of Public
Health and Environment I.S.D.S. Regulations for the commercial use, and a well permit allowing
a commercial use has been obtained from the State of Colorado, Division of Water Resources."
The motion was seconded by Commissioner Masden, and it carried unanimously.
This Certification was approved on the 23rd day of April 2001.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
` WELD CO , COLORADO
,
�qQ `
ATTESTi� /"�� 1i�
// "°�1 przessivap
V , . J Geile, Chair
Weld County Clerk to the :3 K. $5 CUSED DATE OF APPROVAL
.`Glenn Vaad, Pro-Tem
Deputy Clerk to the Boar.4.44f !'' j ' -,-02
Willis Jerke
TAPE #2001-18 and #2001-19 J G E k
av[d E. Lo
DOCKET#2001-25
R bert D. Masden
2001-1034
PL1505
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1317 - KELLY AND DANA BOYLE
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 03/06/2001)
D. Clerk to the Board Notice of Hearing
E. Applicant Letter with attachments re: Landscape Plan,
and items for Health Department
(03/13/2001)
F. Public Works Staff Memorandum re: Site Drawing (03/16/2001)
G. Applicant Letter to Planning re: Landscape Drawing
and Public Service Agreement (03/20/2001)
H. Planning Staff Photo of sign posted on site
Health Staff Letter from U.S. Environmental Protection
Agency re: Underground Injection Control,
Class V Program Determination
(03/21/2001)
J.
K.
L.
M.
N.
O.
P.
Q.
R.
S.
T.
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 18TH DAY OF APRIL, 2001:
DOCKET#2001-18 - LESLIE ADAMS/MARY TROSTEL
DOCKET#2001-25- KELLY AND DANA BOYLE
DOCKET#2001-26 - HENRY RICKERS
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'CTENnING
r 14-) s
e be- gbi 5 Dzsd e_f it a nd i -.&
pi )/ maw
of l I has /
Rh-1e ZC-9OAj 1 /DFSCetiSLSDf. $j'2our>,r,E
Hello