The URL can be used to link to this page

Browse Search

Home My WebLink About20201696.tiffHEARING CERTIFICATION DOCKET NO. 2020-35 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR20-0006, FOR A HOME BUSINESS (GRANITE AND STONE CUTTING AND FABRICATION), OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES, IN THE A (AGRICULTURAL) ZONE DISTRICT - HECTOR FAUDOA A public hearing was conducted on June 10, 2020, at 10:00 a.m., with the following present: Commissioner Mike Freeman, Chair Commissioner Steve Moreno, Chair Pro-Tem Commissioner Scott K. James Commissioner Barbara Kirkmeyer Commissioner Kevin D. Ross Also present: Acting Clerk to the Board, Jess Reid Assistant County Attorney, Bob Choate Planning Services Department representative, Kim Ogle Public Works Department representative, Melissa King Health Department representative, Lauren Light The following business was transacted: (Clerks Note: This hearing initially started at 11:20 a.m. but was recessed from 11:25 a.m. to 1:00 p.m. to fix a technical difficulty, that prohibited the audio recording of said hearing. The initial, unrecorded portion of the hearing consisted of Mr. Choate's affirmation of notice and Mr. Ogle's presentation, including images of the site and surrounding views.) I hereby certify that pursuant to a notice dated May 1, 2020, and duly published May 6, 2020, in the Greeley Tribune, a public hearing was conducted to consider the request of Hector Faudoa, for a Site Specific Development Plan and Use by Special Review Permit, USR20-0006, for a Home Business (granite and stone cutting and fabrication), outside of subdivisions and historic townsites, in the A (Agricultural) Zone District. Bob Choate, Assistant County Attorney, made this a matter of record. e Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and provided the general location of the site. He stated the site is located within the three (3) mile referral area of the Cites of Brighton and Fort Lupton, and Adams County, and is located within the Coordinated Planning Agreement (CPA) area of the City of Fort Lupton. He noted, per the City of Brighton's Future Land Use Map, the property has been designated as Employment/Industrial, provided the defined uses of that designation and referenced the Adams County referral response. He provided the number of employees and hours of operations, noted the site is the applicant's residence, explained the finished materials are stored in a shop, raw stone slabs are stored outside, and described surrounding uses. He indicated the Department of Planning Services sent notice to 22 surrounding property owners (SPOs), stated staff received one (1) phone call from a SPO supporting the USR and requesting a fence between his property and the subject property, one (1) letter of objection regarding compatibility, and mentioned there et. PL(v-O 1-r0 Pw (w..K), —4101202_0 2020-1696 PL2751 HEARING CERTIFICATION - HECTOR FAUDOA (USR20-0006) PAGE 2 was a community meeting, with four (4) SPOs in attendance, all in support of the application. He described the active Zoning Violation, ZCV18-00159, noted ten (10) referrals agencies reviewed the case, six (6) provided comments, which are addressed in the Conditions of Approval (COA) and Development Standards (DS), and entered the favorable recommendation of the Planning Commission into the record as written. The Board chose not to re -review the photos of the site and surrounding views as described prior to the technical difficulties. e Melissa King, Department of Public Works, provided a brief overview of the transportation plans and requirements, and stated the applicant will need an access permit to use the existing, unpermitted access on County Road (CR) 29. She provided the daily roundtrips, average speed, traffic associated with the site, and explained the site meets an exception to stormwater detention. e Lauren Light, Department of Public Health and Environment (EH), reviewed the water and sewer provisions and stated a domestic, individual well, and a septic system permitted for three (3) bedrooms serve the existing residence. She indicated the septic system that serves the restroom in the shop was installed without a permit, and although a permit was submitted after the fact, it was never completed. She explained the permit will need to be completed or canceled and since they can't use the well for the business, the applicant would need to re -permit the well to use the water in the restroom, in the shop. She mentioned a screened portable toilet is acceptable, as long as they adhere to EH policy and water to contain dust will need to be hauled in. She stated noise is restricted to the Residential level, and DS #15-25 address EH items. la Sheri Lockman, Lockman Land Consulting, represented the applicant, and reiterated he will use the access on CR 29, recognized improvements may need to be made to it, and stated they will submit an Access Permit to PW. She acknowledged the well cannot be used for the business and stated Mr. Faudoa will truck water in for business use and use a portable toilet. She explained he is now using smaller trucks for deliveries, the noise associated with the business is not very loud, and if it becomes a problem, he can close the shop door. IR Sam Kirkpatrick, SPO, stated Mr. Faudoa has been operating his business for approximately three (3) years and he had never heard noise or seen dust from the site. He mentioned there is a small amount of traffic associated with the business, but it is not bothersome, and he is in support of the USR application. In response to Commissioners James and Kirkmeyer, Mr. Kirkpatrick reiterated the business is not noisy, and he showed on the displayed map where he lives. In response to Commissioner Kirkmeyer, Mr. Ogle pointed out the residence of the SPO who sent the letter of objection. e Mr. Ogle suggested removing the "s" from "locations" in COA #1.E.11 (show and label approved access locations), and change the language in COA #4.A to read, "The approved access shall be permitted and constructed prior to on -site construction." In response to Commissioner Kirkmeyer, Mr. Ogle explained the specific requirements of COA #1.A (Brighton Fire Rescue District) and COA #1.6 (State of Colorado Division of Water Resources), and he suggested deleting COA #1.B, as the applicant is not going to use the domestic tap for the business. In response to Commissioner Kirkmeyer, Mr. Faudoa showed, on the displayed map, where the granite slabs will be stored and stated most of granite is on a concrete pad. There was discussion about screening, and Mr. Faudoa explained the granite is stacked no higher than 2020-1696 PL2751 HEARING CERTIFICATION - HECTOR FAUDOA (USR20-0006) PAGE 3 six (6) feet, so Commissioner Kirkmeyer suggested deleting COA #1.C (Screening Plan), deleting existing DS #8 (maintenance of existing landscaping and proposed screening) and replacing it with a new DS #8 to read, "The granite stored in the outdoor storage area shall not be taller than six (6) feet."After discussion regarding all work being done in the shop, the Board agreed to delete DS #3 (hours of operation) and replace it with a new DS #3 to read, "The operation shall occur inside the building", and in response to Commissioner Kirkmeyer, Mr. Faudoa confirmed the portable toilets will be screened by the barn. Commissioner Kirkmeyer suggested deleting DS #22 (permissible noise level) and changing the language in DS #19 to read, "any On -Site Wastewater Treatment Systems (OWTS) located on the property must comply with all provisions of the Weld County Code, pertaining to OVVTS regulations." The Board agreed to all of the aforementioned changes. In response to Chair Freeman, via translation service provide by Victor Espinoza, Mr. Faudoa indicated he had reviewed, and agreed to abide by, the Conditions of Approval and Development Standards, as amended. El No public testimony was offered regarding changes made to the Conditions of Approval and Development Standards. e Commissioner James moved to approve the request of Hector Faudoa for a Site Specific Development Plan and Use by Special Review Permit, USR20-0006, for a Home Business (granite and stone cutting and fabrication), outside of subdivisions and historic townsites, in the A (Agricultural) Zone District, based on the recommendations of Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards, as amended. The motion was seconded by Commissioner Ross, and it carried unanimously. There being no further discussion, the hearing was completed at 1:30 p.m. This Certification was approved on the 15th day of June, 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: do/Ivo �d4•tk. Weld County Clerk to the Board BY: eputy Clerk to the Board ent4t Mike Freeman, Chair Steve "oreno, Pro-Tem Kevin D. Ross 2020-1696 PL2751 ATTENDANCE LIST Ocof tC)/ wao NAME - PLEASE PRINT LEGIBLY ADDRESS (CITY, STATE ZIP) EMAIL CQUNTY OF RESIDENCE SPEAKING (,YIN)? p MO I1 a ()Oro frueu2 49 0 Wu St v 10255 vK-sue' 1n 94 a ve ec v iDa,'ll) go/rq.._ #3--itiu (--, moil tyl.hQw,-,e rin SKe-,�-/246('� �eM 0/j Re %5'c 5 cif y,9tricvi co O9 .rt^' `_pq'/i co,wibi i ( o .A `t, 3°1 (.(2 co. --t S` .k(C �a<` b.TQla4 tom• CciM �[ �(�j S �`�j s� 1r \ , rd RT"C- C � 1, C\,\,,s,._,_ ` T_ �\ NC.,T- „, 1,--_-5, T .` \ lV ./ �� T kQ,�.� ii ..11`f, r ct, i Y` '444, )' \ v CfV� 4 f 410A -trick ck /3 Zz!gp Ito/!! S kidk,,2 . `. cciao Av4'4/ y l4a4 V v � e U Pfrelfy Y � J 7��G�E9�E.6r��'V� �/ �/ P /(J' �/j'�� /,Is •/y/�- ,/gyp. d Vi �." /F'-xl / O� 1 / ✓//]�/per /� //! 6.40)) / / s / "/ C..-+ j 0 �/J�•� J/ / ! LJ iss� 0 t?��r „IG�I,Ct'�✓1, //�� I_ ou I/J n° Krobei4s eissv1t Rio -►c v A0 Glib NI °m e.,� 7600 £ -Ea •,.Otv\ AA4 Ma vt ce e e 13sv luV7'0 f5 .(0 ,, 4 , /\i 0 y/�1 I4 iNbMOV-w SZ J^�"o' >>�� COA� � � 1�9a• �� I rya, � lie, taw, Co 4". wl,,4 3 rs ci.,i6Le,fr,ORN5 �t , Avh, a n �t 71 y o rp► l�` ws 1716t E ecos C„ elocsolit ..�,t1,pS� - spc• ca,t-, J,arlimeY' y 1/e6 4 1 / c4- o c q S Ed�+Y le) .I76Z 3 / Lac, vc i! u/6' / aL 1/ Vcci. Eiq1I'L>21 - 5(ZZ Sw.av(Abw 3k 6,,, 4( c)o'k \f4/lE,y/1t,,t,;> 2„t)©�tj "-"t I.C('N. �ot.s Y 310;1 Loc J/m of v\ . 6,5o 0 P J1 / :110 Alai (46 -rte e,cok\ Veld �/ 9)Q- " k)�II`C� C� w -a-c)Cb� torkj .- -ec /v r Hello