HomeMy WebLinkAbout20091213.tiffHEARING CERTIFICATION
DOCKET NO. 2009-27
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1693 FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (GIFT SHOP, VENDING MACHINES, AND LOTTERY SALES) IN THE
A (AGRICULTURAL) ZONE DISTRICT - KATHERINE O'KEEFE, C/O MICHAEL
O'KEEFE
A public hearing was conducted on May 20, 2009, at 10:00 a.m., with the following present:
Commissioner William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway
Commissioner Barbara Kirkmeyer
Commissioner David E. Long
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
County Attorney, Bruce Barker
Planning Department representative, Jacqueline Hatch
Health Department representative, Lauren Light
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated April 17, 2009, and duly published April 24, 2009,
in the Greeley Tribune, a public hearing was conducted to consider the request of Katherine
O'Keefe, c/o Michael O'Keefe, for a Site Specific Development Plan and Use by Special Review
Permit #1693 for a Use Permitted as a Use By Right, Accessory Use, or Use By Special Review
in the Commercial or Industrial Zone Districts (gift shop, vending machines, and lottery sales) in
the A (Agricultural) Zone District. Bruce Barker, County Attorney, made this a matter of record.
Jacqueline Hatch, 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 stated the site is located west of and adjacent to U.S. Highway 85, north of County
Road 138, south of the boundary between the States of Colorado and Wyoming. She indicated
the site is serviced by an existing septic system, which has been reviewed for adequate size
and capacity. She further indicated the applicant originally proposed to utilize a cistern;
however, a permit has been obtained for a commercial well, which allows usage by the business
and two associated dwellings. She stated the applicant has made a request for the placement
of a 24 -square -foot sign on the property, which exceeds the size limit of a 16 -square -foot sign,
currently allowed within the A (Agricultural) Zone District; however, the Department of Planning
Services supports the applicant's request. She gave a brief description of the surrounding uses,
indicating a majority of the land is utilized for dryland farming, the Borderline Cantina and
Clown's Den are located to the west of the site, and there are a total of five parcels within 500
feet of the property. She stated two letters of opposition from surrounding property owners have
been received, citing concerns regarding increased traffic and noise, and the reduction of lottery
2/ Li //
2009-1213
PL2012
00'77 / 7
HEARING CERTIFICATION - KATHERINE O'KEEFE, C/O MICHAEL O'KEEFE (USR #1693)
PAGE 2
sales for the existing lottery sales establishment (Borderline). She confirmed the site is not
located within the three-mile referral area for any municipality; however, the site is within three
miles from Laramie County, Wyoming, which indicated no conflicts within a referral response.
She further stated thirteen referral agencies reviewed the application materials, four provided
comments which have been addressed within the Conditions of Approval and Development
Standards, and no comments were received from the State of Colorado Lottery and the Nunn
Fire Protection District. Ms. Hatch displayed photographs of the site and surrounding area, and
in response to Chair Garcia, she confirmed the site currently contains a residence and facility in
which the lottery sales will take place. She further confirmed the Clown's Den is located within
the State of Wyoming; however, Borderline Cantina, which provides lottery sales, is located
within Weld County. Responding to Commissioner Kirkmeyer, Ms. Hatch indicated patrons
travelling to Borderline Cantina must actually access the site through the State of Wyoming. In
response to Commissioner Conway, Ms. Hatch indicated the applicant will be required to
provide five parking spaces, one of which must be compliant with the standards of the
Americans with Disabilities Act (ADA).
Don Carroll, Department of Public Works, indicated the Colorado Department of Transportation
has jurisdiction of the access to the site, since it is located on U.S. Highway 85, and he
confirmed the applicant has obtained an access permit, dated November, 2008. He stated the
access approach and parking areas will be surfaced with asphalt, an adequate parking space
complying with ADA standards will be provided, and parking will also be provided for the tenants
of the property in addition to the five parking spaces required for the business. He further stated
an area has been designated for overflow parking on the north side of the facility, and the site
will utilize the historical flow patterns on the site for stormwater drainage. He confirmed the site
does contain a berm, and it is not located within the floodplain.
Lauren Light, Department of Public Health and Environment, confirmed the applicant did obtain
a commercial well permit, therefore, the cistern is not necessary and Condition of Approval #1.G
indicates the applicant shall submit a written request to vacate the use of the cistern. She
stated the review of the septic system indicated the system is adequately sized for a one
bedroom residence and up to fifty customers. She indicated only pre-packaged food will be sold
at the site, which is in compliance with Development Standard #12, the applicant will be
required to provide a Dust Abatement Plan, and the site must comply with noise levels allowed
in the Commercial Zone District. She confirmed the Department does not have any outstanding
concerns regarding the application.
Michael O'Keefe represented the applicant and stated he is the son of Katherine O'Keefe, and
he introduced his family members who were in attendance. He briefly described his past
employment within the real estate business and indicated he is hoping to establish this new
business in order to support his family. He clarified it is not his intention to force the existing
lottery sales location out of business; however, he believes in the spirit of competition. He
confirmed the business will be operated by the members of the family on a daily basis, and it is
his hope that the business will be built into a viable entity which will benefit the family, as well as
the surrounding area and the traveling public. He stated a thriving business will also provide
benefit to the State of Colorado. Mr. O'Keefe confirmed he has complied with all requirements
presented to him, and he intends to fully cooperate with officials to bring the historic site into
compliance with current regulations. He indicated he understands if the application is approved,
2009-1213
PL2012
HEARING CERTIFICATION - KATHERINE O'KEEFE, C/O MICHAEL O'KEEFE (USR #1693)
PAGE 3
he will be responsible for providing the required payment for the County -Wide Road Impact Fee;
however, he requested that the payment of this fee be delayed until after the Certificate of
Occupancy is received.
In response to Chair Garcia, Mr. O'Keefe indicated the site was originally developed within the
1930's as Stateline Dance Hall and Prairie Inn, functioning as a bar/restaurant. He confirmed
U.S. Highway 85 was the main route of travel between the Cities of Denver and Cheyenne and
up into the Black Hills area until the early 1970's when Interstate 25 was completed. He
indicated the site continued to operate as a small rock and roll bar/restaurant throughout the
1970's, and then in the late 1970's, the property was purchased by a gentleman who utilized the
property to restore classic cars and it became residential in nature. He confirmed a portion of
the structure of the former dance hall is still a part of the store as it exists today, therefore, a
potion of the integrity of the building has been maintained. He reiterated the site was formerly
known as a social gathering place for ranchers from all over the area. Further responding to
Chair Garcia, Mr. O'Keefe indicated the initial business plan is for lottery sales, and the building
does contain vending machines for food and beverages, as required by the Colorado
Department of Revenue. He indicated he has been involved in the art community within the City
of Loveland for many years, and eventually, he would like to offer high -quality original artwork
and/or jewelry at the site. He confirmed the site will contain internet access, which will cater to
tourists, especially since the "Welcome to Colorful Colorado" sign is directly in front of the site.
He further confirmed many tourists stop to take pictures in front of the sign, and it is his hope
that the tourists will come in and make a purchase within the store. He indicated he understands
it will take time for the store to grow, therefore, he is not sure of how the business plan will
finalize.
Commissioner Rademacher indicated the surrounding property owner to the south expressed
concerns regarding water; however, he understands the concern has been resolved.
Responding to Commissioner Rademacher, Mr. O'Keefe reiterated a designated overflow
parking area exists to the north of the existing structure, and he confirmed the area has been
overlaid with road base material. Further responding to Commissioner Rademacher,
Mr. O'Keefe confirmed the site does contain snow fencing, and a six-foot privacy fence exists
along the southern portion of the site. Commissioner Rademacher indicated the neighbor
presented concerns regarding additional noise and he wanted to confirm that a barrier between
the properties did exist. Mr. O'Keefe indicated the traffic along U.S. Highway 85 creates a large
amount of noise at all hours.
In response to Chair Garcia, Mr. O'Keefe indicated the hours of operation, as listed within
Development Standard #22, are adequate. Further responding to Chair Garcia, Mr. O'Keefe
indicated two employees will be adequate for the business, and he understands that an
amendment to the permit may be required in the future if it becomes necessary to expand the
number of allowable employees. Commissioner Long indicated the Board could consider a
request for an expanded number of employees and hours of operation during the hearing today,
and in response, Mr. O'Keefe indicated he appreciates the opportunity; however, he has set the
hours of operation as they are, out of respect for the neighboring properties. He confirmed he
has an entrepreneurial spirit, and a mentor of his, from the Loveland area, facilitated the sale of
this property so that he could continue to keep earning income to support his family. He
2009-1213
PL2012
HEARING CERTIFICATION - KATHERINE O'KEEFE, C/O MICHAEL O'KEEFE (USR #1693)
PAGE 4
confirmed he has most recently been involved with real estate sales within Cheyenne,
Wyoming, and this whole process has been very educational.
Responding to Commissioner Rademacher, Ms. Light clarified the septic system was not
previously permitted, and the engineer review was based upon the historical use of the system.
She further clarified the review indicated the system would support use by two additional
employees, and due to the age of the system, she is hesitant to indicate additional employees
could be accommodated. She indicated the engineer was not certain of the placement of the
leach field during the review. Commissioner Rademacher stated the applicant has the ability to
request additional employees; however, the addition of employees may expand the necessary
costs for updating the septic system. Mr. O'Keefe indicated the leach field is definitely visible
now, during the spring season, and he clarified the historical use of the septic system was for an
establishment with two full -service kitchens and full restroom facilities. Commissioner
Rademacher suggested that the applicant consider expanding the number of allowable
employees from two (2) to four (4), contingent upon an additional review of the septic system,
and Mr. O'Keefe requested that the allowable number of employees be expanded to four (4). In
response to Commissioner Rademacher, Ms. Hatch confirmed the previous facility on the site
was not zoned as a commercial business, and she was not able to find any historical records of
use for the site.
Susan Chavez, co-owner of Borderline Cantina, confirmed the entire area is experiencing hard
economic times. She explained her husband and his brother both retired from law enforcement
and made a major investment to purchase the Borderline Cantina and Clown's Den, and she
expressed her concerns regarding the applicant stealing customers from an established
business. She indicated there is no development occurring within the area, and an additional
lottery sales site will not bring additional customers to the area. She further indicated Borderline
is known primarily for its lottery sales by the locals, and the main income of the establishment is
the lottery sales. She indicated her family purchased the business approximately five years
ago, the business employs five area residents, one of which has worked at the establishment for
over ten years, and there is not a lot of opportunity for employment within the area. She stated
her family has put a lot of time and effort into developing the business, and now the O'Keefe
family wants to come in and steal the benefit of the hard work. Ms. Chavez indicated she
understands it is the American way to work through competition; however, the placement of a
second lottery sales location within the area does not seem fair, and she expressed her
concerns regarding the financial drawbacks which will be experienced by her family. In
response to Commissioner Rademacher, Ms. Chavez confirmed Borderline is a licensed
restaurant and bar facility; however, the main income of the establishment is lottery sales.
Further responding to Commissioner Rademacher, Commissioner Long reiterated the Clown's
Den establishment is located within the boundaries of the State of Wyoming. Responding to
Commissioner Kirkmeyer, Ms. Chavez confirmed an application must be made to the State of
Colorado Lottery, and the regional lottery representative indicated to her that another machine
in the area will benefit the State through the sale of additional lottery tickets. She further
confirmed the State is always happy to place more machines, wherever possible; however, she
is convinced the overall revenue amount to the State will not be increased.
Mr. O'Keefe indicated this is the first time he has had the opportunity to meet Ms. Chavez, and
he understands the concerns presented by Ms. Chavez of the existing business being
2009-1213
PL2012
HEARING CERTIFICATION - KATHERINE O'KEEFE, CIO MICHAEL O'KEEFE (USR #1693)
PAGE 5
threatened due to increased competition; however, he believes both businesses will survive and
thrive. In response to Chair Garcia, Mr. Ogle confirmed the State of Colorado Lottery does not
have any limitations for the proximity of lottery sales to other licensed establishments.
Mr. O'Keefe clarified when the Colorado Lottery was initiated, an elderly woman who went by
the name of "Blondie" operated a lottery sales business in Rockport. He further clarified the
woman, named Sharon, who used to own the Clown's Den, opened Borderline as a restaurant,
and he confirmed the lottery sales for Borderline were not actually established until Blondie
gave up the lottery business within Rockport. He further confirmed Borderline has since
focused solely on lottery sales since the State of Wyoming does not allow lottery sales. Further
responding to Chair Garcia, Mr. O'Keefe indicated the State of Colorado Lottery likened the
addition of another lottery establishment in close proximity to the competition between the
restaurants of McDonald's and Wendy's or the grocery stores of King Soopers and Albertsons,
and the State did not have concerns with another lottery establishment in close proximity. He
indicated the Chavez family purchased the combined properties of the Clown's Den and
Borderline, and he believes the family has other business interests as well; however, this
business will be his family's sole business interest. He reiterated he believes that both
establishments will be able to operate in close proximity, and will not be threatened by
competition. Chair Garcia indicated Mr. O'Keefe's wife previously indicated she would like to
provide clarification. After conferring with his wife, Mr. O'Keefe indicated the Colorado Lottery
representative did indicate there are several lottery establishments within close proximity in the
City of Grand Junction, and all of the stores thrive and are able to cooperate. Responding to
Commissioner Conway, Mr. O'Keefe reiterated the Colorado Lottery does not have any
concerns regarding the close proximity of the two establishments.
Commissioner Rademacher indicated an additional inspection of the septic system may be
required if the applicant desires to increase the employees on the site from two (2) to four (4),
and Mr. O'Keefe reiterated his request to increase the number of allowed employees. The
Board concurred with the modification of Development Standard #23 to state, "The site shall
have no more than four (4) employees." Chair Garcia confirmed the applicant previously
requested that the requirement to pay the County -Wide Road Impact Fee be postponed until the
Certificate of Occupancy is issued. Ms. Hatch confirmed the fee is generally required to be paid
at the time an applicant applies for a building permit; however, upon the Board's direction, she
will place a note in the file to inform the building official that the fee will be due at the time the
Certificate of Occupancy is issued. Responding to Chair Garcia, Mr. Carroll confirmed the
request will create an adverse impact for the Department of Public Works. Responding to
Commissioner Rademacher, Ms. Hatch confirmed the applicant has applied for the Change of
Use building permit; however, the permit may not be finalized until the USR plat is recorded.
Commissioner Kirkmeyer suggested the addition of a second sentence to Development
Standard #24, to state, "The payment of the impact fee shall be delayed until the Certificate of
Occupancy is issued.", and the Board concurred with the modification.
In response to Chair Garcia, Mr. O'Keefe indicated he has reviewed, and concurs with, the
Conditions of Approval and Development Standards, as modified.
Commissioner Long indicated the Board is committed to helping businesses develop, and he
supports approval of the application. He stated competition is healthy for a business, as it
creates an opportunity to increase the business operations. He further stated this new business
2009-1213
PL2012
HEARING CERTIFICATION - KATHERINE O'KEEFE, C/O MICHAEL O'KEEFE (USR #1693)
PAGE 6
may encourage motorists to stop, when previously they wouldn't have thought of doing so,
because this business will contain different activities and services. He confirmed all businesses
deserve the ability to compete, and if the Board were to deny this application, a negative
precedence would be set throughout the County that competition is not allowed, which is an
extremely negative message.
Commissioner Rademacher concurred with Commissioner Long, and he confirmed there are
several areas within the County were many convenience stores are located within very close
proximity and compete for business. He indicated the loyal customers will continue to bring
their business to Borderline, and friendly competition brings out great customer service. He
wished both establishments well with their business operations. Commissioner Conway
indicated he also concurs, and it has been proven that the clustering of similar businesses does
bring in more customers. He indicated it is his hope that both businesses are able to thrive and
attract new customers, and he confirmed that competition breeds good business practices. He
further indicated denial of the application, based upon the competition aspect, would set a bad
precedence.
Commissioner Kirkmeyer expressed her sympathy to both business owners and indicated she
understands it is hard to effectively market a business within this portion of the County. She
confirmed the Board must make a determination of approval in compliance with the
requirements of the Weld County Code, and the issue of competition is not one of the deciding
factors. She further confirmed the Board must remain consistent with the decisions made
regarding these types of matters. Chair Garcia indicated the proper place to discuss the
competition factor would be at the Colorado Lottery headquarters; however, since the State
does not have any concerns, he supports approval of the application.
Commissioner Long moved to approve the request of Katherine O'Keefe, c/o Michael O'Keefe,
for a Site Specific Development Plan and Use by Special Review Permit #1693 for a Use
Permitted as a Use By Right, Accessory Use, or Use By Special Review in the Commercial or
Industrial Zone Districts (gift shop, vending machines, and lottery sales) 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. His
motion included the modification of Development Standard #23 to state, "The site shall have no
more than four (4) employees.", and the addition of a second sentence to Development
Standard #24 to state, "The payment of the impact fee shall be delayed until the Certificate of
Occupancy is issued." The motion was seconded by Commissioner Rademacher, and it carried
unanimously. There being no further discussion, the hearing was completed at 11:40 a.m.
2009-1213
PL2012
HEARING CERTIFICATION - KATHERINE O'KEEFE, CIO MICHAEL O'KEEFE (USR #1693)
PAGE 7
This Certification was approved on the 27th day of May, 2009.
BOARD OF COUNTY COMMISSIONERS
W D j OU , �, COLORADO
ATTEST:
Weld County Clerk to the Bo
BY:
Deputlerk to the Board
APPROVED AS TO FORM:
Apeoun
iam F. Garcia, Chair
David E. Long
2009-1213
PL2012
EXHIBIT INVENTORY CONTROL SHEET
Case USR #1693 - KATHERINE O'KEEFE, CIO MICHAEL O'KEEFE
Exhibit Submitted By Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
Planning Commission Summary of Hearing (Minutes dated 05/05/2009)
D. Planning Staff Certificate and photo of sign posting
E.
H.
K.
L.
M.
N.
O.
P.
Q.
R.
S.
T.
U.
V.
W.
G
re
O
U
w
re
ATTENDANCE
HEARINGS ARE AS FOLLOWS ON THIS 20TH DAY OF MAY, 2009:
w
LL
w
w
O
w
U0
Z E
I -O
"JU
U w
ZLL
UY
m0
O w
m• 22
z w
LLI
NY
N N
00 0
0
YY
O • 0
O 0
PLEASE legibly write or print your name and complete address.
ADDRESS
123 Nowhere Street, City, State, Zip
\.
\O
f`V
J
V'
_, N
�1_
SC,�
ti
�C
\
C
'-L
4r-,
�
LA
7:
J
v
r.,\.>
Z\
2
.`
r
,
/
,-)
-r
Lr
N
�'`'
John Doe
ti,
:
rJ
'
u
iJ
oc
`3-
w
2
�
L.,
4
z
.
Hello