HomeMy WebLinkAbout20131730.tiffHEARING CERTIFICATION
DOCKET NO. 2013-36
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR12-0063, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (OUTSIDE RECREATIONAL VEHICLE STORAGE) PROVIDED THAT THE
PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT
OR PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY
REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE
DISTRICT - MURDOFF HOLDINGS, LLC
A public hearing was conducted on July 3, 2013, at 10:00 a.m., with the following present:
Commissioner William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
Acting Clerk to the Board, Susan Brown
Assistant County Attorney, Brad Yatabe
Planning Department representative, Diana Aungst
Public Works representative, Heidi Hansen
Health Department representative, Mary Evett
The following business was transacted:
I hereby certify that pursuant to a notice dated May 15, 2013, and duly published May 20,
2013, in the Greeley Tribune, a public hearing was conducted to consider the request of Murdoff
Holdings, LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR12-0063, for any Use permitted as a Use by Right, Accessory Use, or Use by Special
Review in the Commercial or Industrial Zone Districts (outside recreational vehicle storage)
provided that the property is not a lot in an approved or recorded subdivision plat or part of a
map or plan filed prior to adoption of any regulations controlling subdivisions in the
A (Agricultural) Zone District. Brad Yatabe, Assistant County Attorney, made this a matter of
record.
Diana Aungst, 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. She reviewed adjacent property uses, and said there were two letters of
opposition from surrounding property owners concerned about decreased property values and
security. She stated that a six-foot cedar fence and a chain link privacy slatted fence will assist
in mitigating impacts on surrounding properties. The property is within three miles of the Town
of Windsor and within the Windsor Urban Growth Boundary. The Town of Windsor requested
the Board deny this application and indicated they would like to annex the property. Ms. Aungst
explained that the project will provide parking/storage for 75 recreational vehicles, no offices are
requested and no water or sewer are required, and tthereeffore does not meet the definition of
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urban develo ment as defined by the Weld County Code. Ms. Aungst presented photographs
of the site. Commissioner Conway asked about the addition of Condition of Approval #1.G,
regarding concerns of the Windsor/Severance Fire Protection District. Ms. Aungst noted that
this was added during the Planning Commission hearing to address concerns brought up at that
time.
Heidi Hansen, Department of Public Works, provided a brief overview of the transportation
plans and requirements. She noted that County Road 13 was annexed by the Town of Windsor
during this process as noted in Condition of Approval #1.F.10 regarding the Town of Windsor's
access and right-of-way requirements. She said two to three vehicles will be coming per month
- after start up, and a water quality feature is requested to deal with oil and grease. She said
Condition of Approval #1.A may be deleted as there are no off -site improvements and no road
maintenance is required. The second sentence of Development Standard #7 may also be
deleted, regarding the maximum height of vegetation, and #8 modified to state, "The historical
flow patterns and runoff amounts will be maintained on the site".
Mary Evett, Department of Public Health and Environment, reviewed the water and sewer
provisions and noted that speed limit signs and gravel will provide dust abatement.
104
PTA]Gordon Murdoff, Murdoff Holdings, LLC, applicant, read a letter regarding the past history
of the piece of property, submitted for the record as Exhibit A, specifically in regard to the
alleged destruction of a pre-existing irrigation system and associated litigation. He stated there
is no water on this property and its uses are limited. In response to Chair Garcia, Mr. Murdoff
said he needs no water for what he is proposing. He said a variety of vehicles may be stored on
the site. In response to Commissioner Conway, he confirmed he anticipated local RV owners
from Windsor as a customer base. In response to Chair Garcia, Mr. Murdoff said he does not
plan on annexing to the Town of Windsor.
Chair Garcia opened the floor to public comment. Scott Balstadt, Windsor Planning
Department, spoke in opposition to the project. He noted that this area is single family
residential on the Town's land use map and said the annexation of 15th Street has been
completed. He said the Town of Windsor does not consider the use to be compatible, the
screening is not adequate, residents are concerned about property values, and he reiterated
that the town's planning commission recommends the denial of this application. He asked for
clarification about the vehicles allowed on the site, especially in regard to oil and gas vehicles.
In response to Commissioner Rademacher, he noted that the town surrounds this property, the
road was annexed as right-of-way in conjunction with a `clean-up' annexation of property the
Town owns; this parcel is part of a larger enclave. In response to Commissioner Kirkmeyer, he
clarified that Windsor has regulations regarding parking RVs on the street, and some
subdivisions may have covenants prohibiting them. EA Zada Steidl, surrounding property
owner, spoke in opposition to this change of use. She said she has farmed and lived here for 16
years, and presented a photo demonstrating proximity of her residence to the site, submitted
into the record as Exhibit B. In response to her question, Chair Garcia answered that the land is
approved for this specific use, but the USR is non-transferrable. Ms. Steidl presented reasons
why she feels this use is not compatible: in such a small/pristine area it represents a huge
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impact, eyesore (cheap ugly chain -link fencing), safety (traffic and fire hazard), light pollution
(halogen lights on 20 foot posts), hazardous runoff, non-residential disturbance, negative impact
on property values, brings in outsiders (increased potential for theft and vandalism), the owner
is not a resident and the site is unsupervised. She stated that the Windshire Subdivision also
requests a denial. She asserted there is no need for this use in the community because there
are others in the area.
Mr. Murdoff refused to address the public comments. In response to Chair Garcia, he said
his business will accept recreational vehicles and small trailers for commercial storage. In
response to Chair Garcia, Ms. Aungst noted the RV Storage use is limited to recreational non-
commercial vehicles. In response to Commissioner Conway, Mr. Murdoff said there was no
opportunity to dialogue with the neighbor in regard to this property due to past history. Ms.
Aungst reviewed the landscaping plan and said staff found the six-foot cedar fence to be
sufficient.
=1 Commissioner Rademacher confirmed that Development Standard #3, regarding number
of employees, is appropriate, as well as proposed hours of operation. Chair Garcia suggested
deletion of Condition of Approval #1.A, the deletion of the second sentence of Development
Standard #7, and the second half of #8, placing a period after the word "site", which was agreed
by assent of the Board. Commissioner Rademacher said it was important to maintain the
current language regarding recreational vehicles only, because that is what went before the
Planning Commission. Mr. Yatabe said utility trailers are mentioned in the application, but the
resolution does not mention them, and it was not discussed in front of the Planning
Commission. The issue of commercial utility trailers being included in the site use was
discussed at length. Commissioner Kirkmeyer said the resolution accurately reflects the County
Code's definition of a 'recreational storage facility'.
Mr. Murdoff said he has reviewed and agrees to abide by the Conditions of Approval and
Developments Standards, as amended.
Commissioner Freeman moved to approve the request of Murdoff Holdings, LLC, for a
Site Specific Development Plan and Use by Special Review Permit, USR12-0063, for any Use
permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (outside recreational vehicle storage) provided that the property is not a
lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of
any regulations controlling subdivisions 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 and entered into the record. The motion
was seconded by Commissioner Rademacher.
Ing Commissioner Conway defined property rights as not impinging on another owner's
property rights. He noted there is a lot of history and neighbor enmity here and this will have a
big impact on these residents. He said he is leaning towards a "No" vote because of lack of
compatibility with surrounding land uses and the Windsor Planning Commission's long-range
plan; placing a 75 -vehicle RV parking lot next to someone's house is a very negative impact and
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there will be a park to the north. Commissioner Rademacher said this struggle has probably
been going on several years, and the neighbor, by destroying the irrigation system, limited the
property uses available to this property owner. Commissioner Freeman stated he was
undecided. Commissioner Kirkmeyer said she appreciated Commissioner Rademacher's
comments, but they should not influence the Board's decision. She stated she has an issue
with RV storage facilities in residential/agricultural areas because they impact property values.
At the same time, she is dismayed that municipalities and subdivisions don't allow RV parking,
but this project is not compatible with the area, and she will vote against it. Chair Garcia noted
this is a complicated case and he finds the lack of discussion with the Town of Windsor
disconcerting, because of their close proximity, as well as the lack of communication with any of
the neighbors. That being said, he indicated this is a good location for RV storage because it is
not a remote location, but is ancillary to residential usage. He said he will vote for it.
There was a request for a roll call vote. The motion failed on a 3/2 vote, with
Commissioner Rademacher and Chair Garcia in favor. Commissioner Conway made another
motion for a continuation of 90 days, to be brought back before the Board on September 30,
2013, at 9:00 a.m., in order for the applicant to have discussions regarding mitigation. The
motion was seconded by Commissioner Rademacher. Commissioner Kirkmeyer noted that
public input has been closed on the matter. There was discussion of this. A roll call vote was
requested. The motion to grant a continuance passed by a 3/2 vote, with Commissioner
Kirkmeyer and Chair Garcia opposed.
There being no further discussion, the hearing was completed at 11:57 a.m.
This Certification was approved on the 8th day of July, 2013.
BOARD OF COUNTY COMMISSIONERS
WELD,PUT4TY, COLORADO
ATTEST:
Weld County Clerk to the Board
BY:
Deputy CI
William F. Garcia, Chair
ouglademacr, Pro-Tem
Sean P. Conway
Mike Freeman
rbara Kirkmeye
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