HomeMy WebLinkAbout20190755.tiffHEARING CERTIFICATION
DOCKET NO. 2019-22
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR18-0073, FOR A HOME BUSINESS (HVAC REPAIR) AND ONE (1) SINGLE FAMILY
DWELLING UNIT PER LOT OTHER THAN THOSE PERMITTED UNDER
SECTION 23-3-20.A (SECOND SINGLE-FAMILY DWELLING UNIT) IN THE
A (AGRICULTURAL) ZONE DISTRICT - MARK SLOAN AND EVAN AND TARA
MARCELLUS
A public hearing was conducted on February 27, 2019, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair - EXCUSED
Commissioner Mike Freeman, Pro -Tern
Commissioner Sean P. Conway
Commissioner Scott K. James
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Selena Baltierra
Assistant County Attorney, Bob Choate
Planning Services Department representative, Michael Hall
Public Works Engineer representative, Evan Pinkham
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated January 11, 2019, and duly published
January 16, 2019, in the Greeley Tribune, a public hearing was conducted to consider the request
of Mark Sloan and Evan and Tara Marcellus, for a Site Specific Development Plan and Use by
Special Review Permit, USR18-0073, for a Home Business (HVAC repair) and one (1) Single
Family Dwelling Unit per lot other than those permitted under Section 23-3-20.A (second single-
family dwelling unit) in the A (Agricultural) Zone District. Bob Choate, Assistant County Attorney,
made this a matter of record.
Chair Pro-Tem Freeman reviewed for the applicant and the public, the procedures to follow
should this case result in a tie vote due to four (4) Commissioners being present and Chair
Kirkmeyer excused.
Michael Hall, Department of Planning Services, presented a brief summary of the proposal
and stated the site is approximately four (4) acres. He indicated there are two (2) existing
residences, and mentioned the primary residence is a stick -built, farm house from 1902, occupied
by the applicants. He stated the second residence is a yert, which will be occupied by Mark Sloan
who currently lives on the site in an RV. He explained the uses proposed on the property and
indicated the home business is run by Mark Sloan. Mr. Hall provided details about the business
and mentioned the majority of the work is done off site. He provided the hours of operation, and
stated there are no employees, public access, lighting, or signage proposed. He mentioned there
is another business on the site, operated by the applicants, and noted it is a Use by Right and not
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HEARING CERTIFICATION - MARK SLOAN AND EVAN AND TARA MARCELLUS
(USR18-0073)
PAGE 2
part of the request. Mr. Hall described what will be inside the milk parlor, and stated there was a
non-commercial junkyard on the site, which was being cleaned, consolidated and screened. He
stated there was a current zoning violation, and described the process to resolve the violation. In
response to Commissioner Conway, Mr. Hall reiterated the plans for the non-commercial
junkyard. He indicated no correspondence had been received from surrounding property owners,
15 referrals were sent out, and 10 agencies responded. Mr. Hall stated the site is located within
the three (3) mile referral areas of various municipalities and indicated the site is located within
the Fort Lupton Coordinated Planning Agreement (CPA) boundary. He reviewed a Notice of
Inquiry response from the Town of Fort Lupton, and displayed images of the site and surrounding
views. He described uses on and surrounding the property and entered the favorable
recommendation of the Planning Commission.
El Evan Pinkham, Public Works Engineer representative, provided a brief overview of the
transportation plans and requirements, and stated the access is on County Road (CR) 2.5. He
stated an access permit has been issued and provided the traffic counts to include truck
percentages. He indicated there will be approximately six (6) daily roundtrips associated with the
business, and suggested waiving the Road Maintenance and Improvements Agreement. He
further stated there is no upfront tracking control requirements, and indicated the site meets an
exception for drainage. He presented the drainage and grading requirements.
Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions, and stated the domestic well will need to be repermitted if used for the business. She
indicated the applicant applied for a septic permit for six (6) bedrooms. Ms. Light reiterated there
will be no employees and, if employees are added in the future, there are DSs regarding portable
toilets and bottled water. She stated there will be no fuel storage, floor drains or washing on the
site, and mentioned there will be some chemical storage. She indicated there is a commercial
noise standard and DS #12-22 address Environmental Health (EH) items.
El Tara Marcellus, applicant, stated the satellite image of the site displayed was outdated and
indicated they have made progress on the junkyard. In response to Commissioner Conway,
Ms. Marcellus stated the junkyard screening will be shown when recording the plat and indicated
on the displayed map where the storage will be located on the site.
El No public testimony was offered concerning this matter.
In response to Chair Pro -Tern Freeman, Ms. Marcellus indicated she and he co -applicants
have reviewed the Conditions of Approval and Development Standards, as presented. In
response to Commissioner Moreno, Ms. Marcellus confirmed there is not an entrance gate.
Commissioner Conway clarified with Mr. Hall that the applicant will need to work with the building
department prior to building the yert. After further discussion regarding screening, the applicant
clarified the type and location of the screening on the site. Mr. Hall clarified DS #4 is to ensure
the commercial junkyard is continuously screened, and indicated the applicant will need to submit
a list of the materials used for screening.
2019-0755
PL2639
HEARING CERTIFICATION - MARK SLOAN AND EVAN AND TARA MARCELLUS
(USR18-0073)
PAGE 3
In response to Chair Pro-Tem Freeman, Ms. Marcellus reiterated she and her co applicants
have reviewed, and agree to abide by, the Conditions of Approval and Development Standards.
Commissioner Conway moved to approve the request of Mark Sloan and Evan and Tara
Marcellus for a Site Specific Development Plan and Use by Special Review Permit, USR18-0073,
for a Home Business (HVAC repair) and one (1) Single Family Dwelling Unit per lot other than
those permitted under Section 23-3-20.A (second single-family dwelling unit) 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 entered into the
record. The motion was seconded by Commissioner Moreno, and Commissioner Conway
thanked the applicants for their efforts in correcting the violation. The motion carried unanimously
and there being no further discussion, the hearing was completed at 10:22 a.m.
This Certification was approved on the 6th day of March, 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d...,tifvo jde:e);
Weld County Clerk to the Board
BY:
Deputy Clerk t
APP ED
�Goun torney
Date of signature: y-25-ici
EXCUSED
Barbara Kirkmeyer, Chair
Mike Freeman, Pro-Tem
Steve Moreno
2019-0755
PL2639
ATTENDANCE LIST
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