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Home My WebLink About20101302.tiff HEARING CERTIFICATION DOCKET NO. 2010-13 RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1722 FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (LONG TERM STORAGE UNITS) ALONG WITH ONE (1) SINGLE-FAMILY DWELLING UNIT WHEN USED AS LIVING QUARTERS FOR THE PROPRIETOR, EMPLOYEES, CARETAKERS, OR SECURITY PERSONNEL RESPONSIBLE FOR OPERATING, MAINTAINING, OR GUARDING THE PROPERTY, WHERE SUCH DWELLING UNIT IS ENCLOSED WITHIN THE PRINCIPLE BUILDING (STICK-BUILT OFFICE/MANAGERS APARTMENT) IN THE A (AGRICULTURAL) ZONE DISTRICT - DANIAL OCHSNER A public hearing was conducted on June 16, 2010, at 10:00 a.m., with the following present: Commissioner Douglas Rademacher, Chair Commissioner Barbara Kirkmeyer, Pro-Tem Commissioner Sean P. Conway Commissioner William F. Garcia Commissioner David E. Long Also present: Acting Clerk to the Board, Esther E. Gesick Assistant County Attorney, Cyndy Giauque Planning Department representative, Chris Gathman Health Department representative, Lauren Light Public Works representative, Heidi Hansen The following business was transacted: I hereby certify that pursuant to a notice dated May 18, 2010, and duly published May 20, 2010, in the Windsor Beacon, a public hearing was conducted to consider the request of Danial Ochsner, for a Site Specific Development Plan and Use by Special Review Permit #1722 for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (long term storage units) along with one (1) single-family dwelling unit when used as living quarters for the proprietor, employees, caretakers, or security personnel responsible for operating, maintaining, or guarding the property, where such dwelling unit is enclosed within the principle building (stick-built office/managers apartment) in the A (Agricultural) Zone District. Cyndy Giauque, Assistant County Attorney, made this a matter of record. Chris Gathman, 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. He stated the applicant is proposing to construct a stick-built manager's quarters, and there are two existing single-family residences located approximately 200 feet north and 300 feet south of the proposed storage facilities. He also noted the property is adjacent to the Town of Mead, to the south across County Road 36, and 1-25 is located to the west. He further stated staff received one letter from the property owner immediately to the north, expressing concerns CC. . UR, QL, NI, AL 2010-1302 1 1 GI- 1D PL0679 HEARING CERTIFICATION - DANIAL OCHSNER (USR-1722) PAGE 2 regarding compatibility, security, storage contents, and lack of demand. He stated the Conditions of Approval and Development Standards will ensure compatibility, including a requirement for a Landscaping and Screening Plan and a Lighting Plan. Mr. Gathman stated the Screening Plan will attempt to address the concerns of the property owners to the north and improve the appearance from the 1-25 Frontage Road to west. He stated ten referral agencies reviewed this proposal, and nine responded favorably or provided comments which have been addressed through the proposed Conditions of Approval and Development Standards. He stated the Town of Mead provided a referral response dated October 21, 2009, indicating the property in located within its Planning Area with a future land use designation of"planned industrial mixed use," as well as the Mead Highway Design Overlay District, which requires a 150-foot setback from the 1-25 Frontage Road, with associated standards. Mr. Gathman stated the Town of Mead did request additional information, and subsequently recommended denial of the request and asked that the matter be referred to the Town for annexation. He stated the applicant did discuss potential annexation with the Town and decided not to pursue that option. He referenced the second map contained in the case file, and stated the green line that crosses through the property represents Mead's Urban Growth Boundary (UGB). He stated staff determined that less than 50 percent of the property is within the UGB; therefore, the site is not subject to the Urban Development Policies contained in Section 22-2-240.E of Weld County Code. He further stated the proposal does not meet all of the criteria, which he reviewed for the record. In response to Chair Rademacher, Mr. Gathman indicated the UGB is approximately one-quarter mile from an existing sewer line. He further stated the Mountain View Fire Protection District is requiring a minimum fire flow of 1,500 gallons per minutes, at 20 PSI, and that all buildings be constructed within 450 feet of fire hydrants. He stated the Little Thompson Water District has indicated there is an existing 24-inch water main in the 1-25 Frontage Road, and an existing water line and hydrant along County Road 36. He further stated access to the site was permitted in 2008; however, the permit was never executed. He submitted a Memorandum, marked Exhibit D, requesting the addition of Condition of Approval #1.M to state, "The applicant shall provide the Weld County Department of Planning Services with a copy of the access permit issued by the Colorado Department of Transportation (CDOT), or written evidence that the applicant has complied with the requirements of CDOT." He stated staff contacted CDOT which could not provide exact information concerning the right-of-way; however, it was indicated that additional right-of-way will not be required. In response to Chair Rademacher, Mr. Gathman indicated the property is zoned A (Agricultural); the site plan indicates the access from the Frontage Road is located at the northern corner, with the proposed storage buildings located north of the ditch; and he displayed photographs of the site and surrounding area. Responding further to Chair Rademacher, Mr. Gathman stated the Little Thompson Water District indicated there is a hydrant on the adjacent property, and he noted there are numerous mature trees along the eastern boundary, but not as much along the Frontage Road and northern property line. He stated the applicant intends to utilize the existing residence as an apartment for the manager, and there is a Condition of Approval which requires the applicant to remove or screen the derelict vehicles prior to recording the plat. Responding to Chair Rademacher, Mr. Gathman reviewed the concerns expressed by the adjacent property owners to the north for the record, and he indicated Condition of Approval #1.F states the applicant shall attempt to address the concerns of the Mountain View Fire Protection District. Heidi Hansen, Department of Public Works, stated there is an existing access from the 1-25 2010-1302 PL0679 HEARING CERTIFICATION - DANIAL OCHSNER (USR-1722) PAGE 3 Frontage Road, which was granted by CDOT, and the proposed southern access was not granted since they will not be crossing the ditch. She stated the applicant will be required to provide 100-foot paved tracking pad at the entrance to the site, the Preliminary Drainage Report is acceptable to staff, and the applicant will still be required to submit a Final Drainage Report as a Condition of Approval. In response to Chair Rademacher, Ms. Hansen stated large rock is also acceptable for controlling dust. Responding to Commissioner Kirkmeyer, Ms. Hansen reiterated there is an approved "commercial" access for the site. Lauren Light, Department of Public Health and Environment, stated the Little Thompson Water District has committed to provide water for the business use but not for fire flow, and the existing septic system for the residence will require an evaluation if it is intended to be used for additional employees. She further stated the applicant will be required to submit Dust Abatement and Waste Handling Plans, and Development Standards five through fifteen address the standard requirements of the Health Department. Danial Ochsner, applicant, stated he intends to construct storage units; however, he is still reviewing the options of whether to use block or frame construction, and he will move forward with a specific design upon approval by the Board. He indicated he would like to get started as soon as possible to take advantage of the summer business season. He also confirmed he did discuss annexation with the Town of Mead; however, after working with the Town to develop four subdivisions in the area, he has opted not to pursue annexation on the subject property due to the high impact fees imposed by the Town. In response to Chair Rademacher, Mr. Gathman stated staff is requiring a 20-foot setback from the Frontage Road right-of-way. He stated there is a Condition which requires the applicant to "attempt" to address the requirements of the Town of Mead; however, there is not a specific condition imposing Mead's requested 50-foot setback. He further stated the Planning Commission indicated it would prefer to have an Intergovernmental Agreement in place with the Town prior to imposing their requirements. Mr. Gathman stated CDOT is agreeable with the County's setback requirements and asked that any business signs remain out of the State right-of-way. Mr. Ochsner confirmed the site is designed and engineered with a 20-foot setback and corresponding drainage. Responding to Chair Rademacher, Mr. Ochsner stated his past experience indicates the Town of Mead is not very accommodating on adjusting its impact fees. In response to Commissioner Conway, Mr. Ochsner stated he has not spoken with the neighbors to the north; however, with all of the development in the area, he believes there is a need for this type of use. He further stated it is in a good location, with high visibility from I-25. Responding to Chair Rademacher, Mr. Gathman stated the USR eliminates the need for a Change of Zone in this location. No public testimony was offered concerning this matter. In response to Chair Rademacher, Mr. Ochsner requested Development Standard #3 be modified to increase the number of employees from "one (1)" to "ten (10)". Ms. Light stated if the property is within 400 feet of an existing sewer line at the time of septic permit application, the applicant will be required to connect to the public sewer system. She further stated the applicant may also be required to connect if a major change to the septic system is required, and the Board concurred. Responding to Chair Rademacher, Mr. Gathman stated Development Standard #4 reflects the hours of operation requested in the application materials. Mr. Ochsner 2010-1302 PL0679 HEARING CERTIFICATION - DANIAL OCHSNER (USR-1722) PAGE 4 stated he may operate longer in the summer hours; however, Chair Rademacher indicated that abiding by daylight hours means the hours of operation will be less during the winter. Mr. Ochsner requested the hours of operation be modified to reflect "7:00 a.m., to 8:00 p.m." In response to Commissioner Conway, Mr. Ochsner confirmed there will be a manager residing on the site and patrons will not be able to access the property outside of business hours. Responding to Chair Rademacher, Mr. Gathman stated the Landscaping Plan indicates the property must be screened on all sides, specifically for the neighbors to the north. In response to Chair Rademacher, and upon further consideration, Mr. Ochsner requested the application be expanded to allow outside storage in the area south of the ditch. Mr. Gathman indicated the request would be considered a substantial change, and Mr. Ochsner decided not to pursue the request. In response to Commissioner Kirkmeyer's previous question, Ms. Hansen stated the existing CDOT access permit allows for 20 vehicles per day for mini storage use. Commissioner Conway suggested the applicant contact the neighbors to the north to discuss potential mitigation measures along the northern property line. Mr. Gathman stated the Screening Plan has not been submitted, but the applicant has proposed a decorative wall along the front and he is willing to discuss ideas with the neighbors in hopes of a reasonable agreement. In response to Chair Rademacher, Mr. Ochsner stated he has reviewed, and concurs with, the Conditions of Approval and Development Standards, as proposed and modified. Commissioner Kirkmeyer moved to approve the request of Danial Ochsner for a Site Specific Development Plan and Use by Special Review Permit #1722 for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (long term storage units) along with one (1) single-family dwelling unit when used as living quarters for the proprietor, employees, caretakers, or security personnel responsible for operating, maintaining, or guarding the property, where such dwelling unit is enclosed within the principle building (stick-built office/managers apartment) 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. Her motion included the addition of a new Condition of Approval #1.M to state, "The applicant shall provide the Weld County Department of Planning Services with a copy of the access permit issued by the Colorado Department of Transportation (CDOT), or written evidence that the applicant has complied with the requirements of COOT", and re-lettering the subsequent paragraph; the modification of Development Standard #3 to read: "Ten (10) employees (including an on-site manager) shall be allowed on the site."; and the modification of the hours of operation in Development Standard #4 to be "from 7:00 a.m., to 8:00 p.m." The motion was seconded by Commissioner Garcia. Chair Rademacher acknowledged the Town of Mead expressed issues of concern with this case; however, it was incumbent upon the Town's representatives to address them with the Board of Commissioners at this public hearing and they did not attend. There being no further discussion, the motion carried unanimously, and the hearing was completed at 11:15 a.m. 2010-1302 PL0679 HEARING CERTIFICATION - DANIAL OCHSNER (USR-1722) PAGE 5 This Certification was approved on the 21st day of June, 2010. BOARD OF COUNTY COMMISSIONERS ELD COU Y, COLORADO ��. :.'�•la. ademac er, Chair Weld County Clerk to the Boa gfil tt ' U' X SED DATE OF APPROVAL il • � ara Kirkmeyer, Pro-Tem BY: Dep Clerk o the Board '%,!T P. C/-- --„ Sean P. C WivbPV F. Garcia \Z ate`o Ems[r David E. Long 2010-1302 PL0679 EXHIBIT INVENTORY CONTROL SHEET Case USR-1722 — DANIAL OCHSNER Exhibit Submitted By Description A. Planning Staff Inventory of Items Submitted B. Planning Commission Resolution of Recommendation C. Planning Commission Summary of Hearing (Minutes dated 06/01/2010) Memo re: Addition of Condition of Approval #1.M, dated D. Planning Staff 06/16/2010 E. Planning Staff Certification and Photo of sign posting F. G. H. J. K. L. M. N. O. P. Q. R. S. T. U. V. W. 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