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Home My WebLink About20001129.tiff HEARING CERTIFICATION DOCKET NO. 2000-17 RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1266 FOR A HOME BUSINESS (MACHINE SHOP) IN THE A (AGRICULTURAL) ZONE DISTRICT -WILLIAM AND JOYCE RHOTON A public hearing was conducted on May 10, 2000, at 10:00 a.m., with the following present: Commissioner Barbara J. Kirkmeyer, Chair Commissioner M. J. Geile, Pro-Tern Commissioner George E. Baxter Commissioner Dale K. Hall Commissioner Glenn Vaad Also present: Acting Clerk to the Board, Esther Gesick Assistant County Attorney, Lee Morrison Planning Department representative, Sheri Lockman Health Department representative, Pam Smith Public Works representative, Don Carroll The following business was transacted: I hereby certify that pursuant to a notice dated April 24, 2000, and duly published April 27, 2000, in the South Weld Sun, a public hearing was conducted to consider the request of William and Joyce Rhoton for a Site Specific Development Plan and Use by Special Review Permit#1266 for a Home Business (machine 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 surrounding uses. She stated five referral entities responded favorably with proposed conditions, and she asked that any reference to a"repair shop"be changed to"machine shop," at the request of the applicant. In response to Commissioner Geile, Ms. Lockman stated the applicant will use an existing structure for the business. In response to Chair Kirkmeyer, Ms. Lockman stated the Zoning Ordinance does not define "repair" or "machine" shops, and Mr. Morrison added the use can be defined by the Board in its motion. Mr. Morrison further stated repair and machine shops are both industrial uses which require a Use by Special Review Permit to operate in the A (Agricultural) Zone District. (Switched to Tape #2000-14) William Rhoton, applicant, explained he does do some repair for agricultural equipment; however, he will not be draining or storing any oil, he does not do automotive repair, and he simply replaces machine the parts. In response to Commissioner Baxter, Mr. Rhoton stated traffic to the site consists of a UPS truck once or twice a month, the vehicles required to ship machine parts and materials, and the vehicles of family and friends. He further stated he does not anticipate walk-in business based on the location. 2000-1129 PL1398 HEARING CERTIFICATION - WILLIAM AND JOYCE RHOTON (USR #1266) PAGE 2 Andy Jones, attorney, represented Tim Wilson,surrounding property owner,and submitted a letter of opposition marked Exhibit E. Mr. Jones stated Mr. Wilson suffers from a blood disease which results in strokes caused from stress. He stated Mr. Wilson purchased his property a little over a year ago and feels that the application submitted is misleading. He stated the Briggsdale Fire Protection District expressed concern that access to the property may not be a County maintained road and maintenance due to increased traffic should be addressed. Mr. Jones further stated the Planning Commission Resolution did not address traffic generated by the proposed use,and added the use should not be in operation until building permits have been issued. Mr. Jones stated Mr. Wilson has indicated there are daily deliveries, and a vehicle that appears to be that of an employee who travels the road twice a day. He explained Mr. Wilson moved to this area to avoid traffic, ease his health condition, and live in a safe area to raise his son. Mr. Jones requested this application be denied until the application adequately indicates the proposed use, or incorporate the applicant's testimony into the motion to ensure the use remains consistent with the permit. Chris Vandiberg,surrounding property owner,stated her daughter has a physical disability and she rides horses for physical therapy. Ms. Vandiberg expressed concern with excessive traffic and speed limits which are hazardous to school children in the area. In response to Commissioner Geile, Ms.Vandiberg stated there are semi-trucks which go to the applicant's facility, but often stop at her house to ask for directions. She added UPS trucks go to the applicants house a couple times per day. There being no further public testimony, Chair Kirkmeyer closed testimony. Mr. Rhoton stated he cannot control the speed of other vehicles, and explained there s an apprentice who comes to the shop on his own time and does not receive wages. He clarified that Weld County Road 79.5 is a County maintained road and he does not think a public road is a safe place for kids to be playing since this is a rural area and they have their own properties to play on. Mr. Rhoton stated he has been using semi-trucks do move machinery from town to the site which will stop once the shop is established. In response to Chair Kirkmeyer, Mr. Rhoton stated he cuts and welds metal to disassemble/assemble machine parts. Responding to Commissioner Hall, Mr. Rhoton stated they do work for the airport, HS Resources, and gas compression sites for commercial purposes. He stated his business picks up and delivers the parts for customers. He clarified he could not make as much money in town with minor jobs versus the larger commercial jobs. Responding to Commissioner Geile, Mr. Rhoton stated the size of a commercial delivery vehicle will depend on what is being delivered. Responding to Chair Kirkmeyer, Mr. Rhoton stated this is a quiet business, and he has reviewed and agrees with the Conditions of Approval and Development Standards. Mr. Morrison clarified this permit is set up as a home business, not an industrial use in the A (Agricultural) Zone District as he indicated earlier. He stated the Board can establish the parameters of what is allowed under the permit. In response to Commissioner Baxter, Don Carroll, Department of Public Works, clarified Weld County Road 79.5 is a County maintained road with adequate signing. 2000-1129 PL 1398 HEARING CERTIFICATION - WILLIAM AND JOYCE RHOTON (USR #1266) PAGE 3 Commissioner Baxter moved to approve the request of William and Joyce Rhoton for a Site Specific Development Plan and Use by Special Review Permit #1266 for a Home Business (machine 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 and correction of all references of a "repair shop" to "machine shop." The motion was seconded by Commissioner Vaad. Commissioner Geile commented the application information needs to followed. Commissioner Vaad commented rural roads still require responsible driving and kids should be careful on the roads as indicated by the applicant. In response to Commissioner Hall, Ms. Lockman stated the Home Business permit limits the employees to only those who live on the site and are family. In response to Chair Kirkmeyer, Mr. Morrison stated the apprentice issue needs to be addressed through this permit. Commissioner Baxter stated apprenticeships are limited in the length of time. Commissioners Baxter and Vaad withdrew the motion for approval to obtain further information from the applicant regarding the status of the current apprentice. In response to Chair Kirkmeyer, Mr. Rhoton stated this is one of three machine shops in the State of Colorado that is recognized by the Labor Department to train machinist apprentices. He stated an apprenticeship requires 8,000 hours be completed in four years, and the current apprentice has completed 2,000 hours to date. Mr. Rhoton stated the apprentice comes on his own time to complete tests and projects. In response to Commissioner Hall, Mr. Rhoton stated he does not receive compensation for providing training and does not sell the parts created by the apprentice. He stated he would like to continue conducting apprenticeships because it is a trade that is not very common anymore because it is often done by computerized machines. Ms. Lockman stated this use is allowed by a Special Use Permit as a Homes Business or a Use by Right in the Industrial Zone District, which would allow employees who are not family members. Chair Kirkmeyer commented the apprenticeship could be allowed only if it is specifically addressed in the permit. In response to Commissioner Geile, Mr. Rhoton stated this is the only apprentice at the time. In response to Commissioner Baxter, Mr. Rhoton stated he is not opposed to adding a condition which will allow only one apprentice and no employees. Commissioner Baxter moved to approve the request of William and Joyce Rhoton for a Site Specific Development Plan and Use by Special Review Permit #1266 for a Home Business (machine 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 and correction of all references of a"repair shop"to"machine shop,"and add a sentence to Development Standard #1 to state, "The applicant is limited to one apprentice at any given time, and the apprentice shall not be considered an employee." The motion was seconded by Commissioner Geile. Commissioner Vaad stated he supports the motion with the understanding that the apprentice is not an employee, and the traffic issue will be addressed by not allowing any employees. The motion carried unanimously. 2000-1129 PL1398 HEARING CERTIFICATION - WILLIAM AND JOYCE RHOTON (USR #1266) PAGE 4 This Certification was approved on the 15th day of May, 2000. APPROVED: BOARD OF COUNTY COMMISSIONERS ,ggLD COUNTY, COLORADO ATTEST: Le � v ' f� La ketiih[1, J ?utt.2/c- BarbaraJ irkmeyer, Chair Weld County Clerk to the •/ /,3�!�► r / f` 17. . G Ile, Pro-Tem --- BY: /,%t_ �1 ..•<�3�_�1 Deputy Clerk to the Boy U � �� --- org Baxter TAPE #2000-13 and #2000-14 I1IIIIZ6214't Dale K. Hall/ DOCKET #2000-17 Glenn Vaad 2000-1129 PL1398 EXHIBIT INVENTORY CONTROL SHEET Case USR#1266 -WILLIAM AND JOYCE RHOTON 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 05/02/2000) D. Clerk to the Board Notice of Hearing E. Carolyn Wilson Letter of Opposition F. G. H. J. K. L. M. N. O. --- P. --- Q. --- R. S. T. U. V. --- ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 10TH DAY OF MAY, 2000: DOCKET#2000-17 - WILLIAM AND JOYCE RHOTON DOCKET#2000-20 - JIM AND BONNIE BATES DOCKET#2000-21 - CULLISON FAMILY FARMS, LLC/GEORGE A NELSON FARM, INC., (SOARING EAGLE RANCH) CIO EVERITT ENTERPRISES, INC. 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 '1+ (Please include City and Zip Code)DOCKET#OF HEARING ATTENDING (1( Li Lc Et 14,s‘,/1/.l,.oLia2„, lc rrn „ C/ T D sO 1' c- (Jut./—i 4cfr-egi crams Ro /l v 2x00 -(7 Jim I GytifrvLC nri ES :3E0`6.1 6c/C1< 1 .-41-17-04Y SU6/5 7 O()C) —20'1 ggTr ion - 7co _,[ IJ,,�,,'y _577 uhp5or, co S'6,5,5%_:, lib t7�)c) --1 i 2 ✓ ,— <C i cv_'<- 7-ii yr?�s< _...y,,,i x/-7/C..r' "` F f`. r �-.., .i'c t' a----�`—�2 A�/ , ) 0'lhwh II ' CIL..-K l.c*e �`�i 1.Iiu1 °e't, i1 C/O,./i ;21:1(YI - 7 A), Li _ff,ei n 1J //-/- /l0 .v 7.,,JFLG1r/f iti e e e4 .5-e} s_ y l..-• .'a/c•oO - :1/ - -a EA Sq �.yi`�:9€ o�t9 RAVI SRIVASTAVA Ph.D..P.E. m pry Y y D Operations Manager Administration Office: 2217 Airway Ave.#3 P.O.Box 1518 Engineering Office: Ft.Collins,CO 80522 970-407-8161 Phone/Fax 970-498-0604 E-mail'bsd(werinel.com Pax:970-49841701 Hello