The URL can be used to link to this page

Browse Search

Home My WebLink About20121166.tiff HEARING CERTIFICATION DOCKET NO. 2012-33 RE: HEARING, PCSC12-0001, TO SHOW WHETHER GOOD CAUSE EXISTS FOR REVOCATION OF USE BY SPECIAL REVIEW PERMIT #1431 FOR AN RV PARK AND STORAGE AND RECREATION AREA IN THE A (AGRICULTURAL) ZONE DISTRICT - MARLIN NESS El A public hearing was conducted on May 2, 2012, at 10:00 a.m., with the following present: Commissioner Sean P. Conway, Chair Commissioner William F. Garcia, Pro-Tern Commissioner Barbara Kirkmeyer Commissioner David E. Long Commissioner Douglas Rademacher Also present: Acting Clerk to the Board, Esther Gesick Assistant County Attorney, Brad Yatabe Planning Department representative, Chris Gathman Health Department representative, Mary Evett The following business was transacted: I hereby certify that pursuant to a notice dated April 13, 2012, and duly published April 18, 2012, in the Fort Lupton Press, a hearing, PCSC12-0001, was conducted to show whether good cause exists for revocation of Use by Special Review Permit #1431, issued to Marlin Ness, for an RV Park and Storage and Recreation Area in the A (Agricultural) Zone District. Brad Yatabe, Assistant County Attorney, made this a matter of record. e Chris Gathman, Department of Planning Services, stated the Board conducted a Probable Cause hearing on March 26, 2012, at which time a Show Cause Hearing was set. He reviewed an updated timeline since the last hearing, marked Exhibit E, and displayed photographs of ongoing issues of noncompliance with the Development Standards. He stated the applicant has submitted a Minor Amendment Application to modify the USR plat to remove the provisions that deal with self-contained RV units and includes the use of portable buildings. He further stated there are currently 34 RV sites and the applicant wants an additional 12 RV sites and six more portable buildings, known as "Man Camps", for a total of 17 buildings and a maximum capacity of 266 people. Mr. Gathman stated staff does not agree that this request qualifies as a Minor Amendment; rather, that it should require a full USR amendment. He further stated the existing well permit is limited to 50 RV units and the applicant would need to go through water court to augment the system and increase the number of units allowed. Mary Evett, Department of Public Health and Environment, stated she received an E-mail from Derek Glosson, City of Greeley Engineer, dated May 1, 2012, indicating the City cannot serve the site at this time. She stated one option would be for the applicant to install multiple septic systems with capacities less than 2,000 gallons per day, and they would not require a variance since they do not have the option of connecting to public sewer. In response to Cc., CAI ' i4 2012-1166 -IS - I a PL1699 SHOW CAUSE HEARING CERTIFICATION - MARLIN NESS (PCSC12-0001 RE: USR-1431) PAGE 2 Commissioner Rademacher, Mr. Gathman stated Brad Mueller, City of Greeley Planning Manager, indicated their Land Use Code does not accommodate this type of use and, from a zoning stand point, they could not support the intended use. Ms. Evett stated there is area outside of the floodplain to accommodate septic systems. Responding to Commissioner Kirkmeyer, Mr. Gathman stated the property is currently permitted for up to 200 RV park sites for temporary residents, with the intension that the units go off-site for sewage disposal and to fill up water tanks. In response to Commissioner Garcia, Mr. Gathman stated an additional Pre-application meeting would be necessary if the Board directs the applicant to proceed with a full USR amendment, which could take up to six months to complete. El Regarding issues of non-compliance, Matthew Ness, operator, stated the pile of processed asphalt is intended for spreading on the site to control dust, and the owners of materials currently stored in the floodplain have been notified that their items need to be removed. El Marlin Ness, applicant/owner, stated some of the storage has been moved out of the floodplain, and if the other owners do not remove their items, he intends to sell them for scrap. Matthew and Marlin Ness jointly explained the photographs contained in staff's presentation and the improvements which have been made to date. El In response to Commissioner Kirkmeyer, Mr. Gathman stated the original permit allowed 20 storage sites for boats or RV units; not derelict vehicles. Matthew Ness reviewed the status of the property and requested the Board consider providing direction to proceed through the Minor Amendment process for the "Man Camp", versus a full USR amendment. • Responding to Commissioners Kirkmeyer and Rademacher, Matthew Ness explained the RV sites are connected to the septic system, which is pumped and hauled out on a daily basis. He stated, the recent letter from the City of Greeley will allow them to proceed with installing additional septic systems and eliminate the need for pumping services. He further stated if a full USR Amendment is required, they will not pursue the process and the "Man Camp" will have to be removed from the site. e No public testimony was offered concerning this matter. In In response to the Board, Mr. Gathman explained the distinction between a Minor Amendment process, which is approved administratively, versus a full Amendment when the new use is different from the original intent of the USR and the request goes before the Planning Commission and Board of Commissioners for a final decision. He reiterated the original USR is for 200 occupied RV units. Matthew Ness stated, in 2003, they fully intended to connect to public water and septic; however, they ran into the connection obstacle with the City of Greeley. Commissioner Kirkmeyer referred to Development Standards #14, #15, and #16 and stated the original intent was for the site to be a temporary self-contained camp ground. Commissioner Long clarified it was to be self-contained until the property was annexed and public sewer became available. Matthew Ness reviewed the distinction of a self-contained unit and stated non-self-contained units cannot stay longer than 14 days. Marlin Ness explained they are requesting the self-contained restriction be removed so they can construct a shower house and allow dumping on the site with the new septic system design. 2012-1161 PL1699 SHOW CAUSE HEARING CERTIFICATION - MARLIN NESS (PCSC12-0001 RE: USR-1431) PAGE 3 e Commissioner Kirkmeyer stated she finds the request to be a fundamental change which needs a full amendment in the interest of the surrounding property owners who were under the understanding that there would not be permanent residents. She stated the Weld County Code regulations are in accordance with State statute and the facility needs to operate as originally permitted, unless an amendment is approved. e In response to Marlin Ness, Chair Conway stated the applicant needs to address the two separate issues of water and sewer, and the Man Camp. Commissioner Kirkmeyer clarified a Minor Amendment is not an adequate process to allow for a permanent "Man Camp". ID Matthew Ness stated if a full USR Amendment is required, then they will remove the "Man Camp" and only pursue a Minor Amendment to address the water and sewer issues for the original permitted use. El Mr. Gathman reiterated the plat allows for 200 RV's; however, the well permit is only for 50 RV units. Matthew Ness explained as they work toward the next phase, they will go through water court to augment for additional RV sites. ID In response to Commissioner Garcia, Mr. Yatabe stated the Board's options under the Show Cause process are to dismiss, revoke, or continue the matter; therefore, he would recommend a continuance to gain further testimony from staff as to the progress or lack thereof on the water and sewer issues. a Commissioner Rademacher stated there is a need for this type of use, and he would like to continue the matter for six to twelve months to allow the applicant to get the water and sewer established for up to 50 sites. El Commissioner Garcia agreed and stated there is still the option of a full USR amendment when it becomes viable. Commissioner Long stated it is difficult to distinguish between RV units used for temporary residents, versus a recreational use. He further stated the intended use was also limited by the regulations and interpretations in place in 2003. El Commissioner Kirkmeyer stated she agrees with a six-month continuance with the goal of bringing the site into compliance. She reiterated the applicant needs to comply with the intent of the original USR and, if the applicant wishes to do more, then he needs to go through the USR Amendment process. She further stated the Weld County Code does not have a provision for "Man Camps" and it would be wise for the staff to think about what triggers may imply what the next step is. Ei Chair Conway agreed with a continuance with specific instructions. Commissioner Rademacher proposed a continuance to January, 2013, following the holidays. IE In response to Matthew Ness, Commissioners Rademacher and Kirkmeyer indicated a Minor Amendment will allow the applicant to get the septic in place and bring the original permit into compliance. Following a discussion regarding the purpose of the continuance, Mr. Gathman clarified the Minor Amendment can address the "Man Camps", modifying the provisions for self-contained units, and address the compliance issues, such as storage items in the floodplain. Commissioner Kirkmeyer proposed the continuance be scheduled prior to the end of the year while Commissioner Long is still in office. Commissioner Rademacher also suggested staff be working on the definition of a "Man Camp" in the event Mr. Ness decides to amend his permit to allow that type of use in the future. 2012-1161 PL1699 SHOW CAUSE HEARING CERTIFICATION-MARLIN NESS(PCSC12-0001 RE:USR-1431) PAGE 4 Commissioner Garcia requested direction on benchmarks for the motion. Mr. Yatabe stated at the next Show Cause hearing,the Board will need to determine whether the applicant is in compliance with the original USR,so the motion should include the benchmarks to be met by the applicant prior to the next hearing, in order for the Board to dismiss, revoke, or further continue the matter. IE Commissioner Kirkmeyer reiterated she expects the applicant to bring the site into compliance with the intent of the original USR,with direction to staff that they may need to consider a Minor Amendment to get to that point. If a Minor Amendment is processed, she requested certain triggers be put in place so the applicant can put together a specific business plan for the future use of the site. ID In response to Chair Conway, Ms. Gesick indicated five months would set the matter to October 3,2012,at 10:00 a.m. Mr.Gathman indicated that is adequate time for the applicant to at least have a Minor Amendment Application submitted and in process. ID Commissioner Garcia moved to continue the Show Cause hearing concerning Use by Special Review Permit#1431 issued to Marlin Ness for an RV Park and Storage and Recreation Area in the A(Agricultural)Zone District,to October 3, 2012, at 10:00 a.m.,to allow additional time for the applicant to bring the site into compliance with the intent of the original USR,with direction to staff that they may need to consider a Minor Amendment to get to that point. He clarified; if a Minor Amendment is processed, certain triggers need to be put into place so the applicant can put together a specific business plan. The motion was seconded by Commissioner Rademacher,and it carried unanimously. There being no further discussion,the hearing was completed at 11:20 a.m. This Certification was approved on the 7th day of May,2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO Sean P o a ,Chair Weld County Clerk to the Board William F.Garcia,Pro-Tem BY:..'J' Deputy C k to the B.-� E 1 r. p Y ��.. BrItyecreci' ° David E.Long O WI bauglas ademache 2012-1161 PL1699 NS \ c ,, R , 2 / . a u .1/4'; _. g .� mK ! f 2 . 2%�� o / % w o R a 3 & u, ® \ & \ / / \ z k ui j \ « a % @ � 1' , z u. ) \ / ® \ / \ \ § a) \* I \ « o re z ~ \ a k § ) \ \ \ ` \ Cl) k z in z CO / S [ ) < 0 a } © " y Cl) Q 2 4 b 2 \ � \ � � \$ % x % e e � - g N 2 Lu \ § i C O _I z g \ \ Hello