HomeMy WebLinkAbout20092697.tiffHEARING CERTIFICATION
DOCKET NO. 2009-31.B
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT
#1691 FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE
BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(RECREATIONAL VEHICLE STORAGE) IN THE A (AGRICULTURAL) ZONE
DISTRICT - MARCOS SANCHEZ
A public hearing was conducted on October 7, 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, Chris Gathman
Health Department representative, Lauren Light
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated September 8, 2009, and duly published
September 10, 2009, in the Windsor Beacon, a public hearing was conducted to consider the
request of Marcos Sanchez for a Site Specific Development Plan and Use by Special Review
Permit #1691 for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review
in the Commercial or Industrial Zone Districts (recreational vehicle storage) in the
A (Agricultural) Zone District. Bruce Barker, 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 gated storage area for the recreational vehicles (RV's) will be located on
the eastern half of the site, and customers are allowed access to the site 24 hours per day
through a coded keypad. He further stated the on -site manager will reside in the existing
single-family residence on the western portion of the site. He indicated the property is currently
in violation, for the operation of the storage business without the proper permit, and if the USR
permit is approved, the violation will be corrected; however, if the USR permit is denied, the
violation case will proceed accordingly. Mr. Gathman indicated the applicant's property borders
two residential subdivisions within the Cities of Greeley and Evans, a vacant parcel is located to
the north, two single-family residences are located to the east, and another single-family
residence is located to the west, across 47th Avenue. He further indicated there are two
existing USR permits for storage uses and a daycare to the south of the site, approved through
USR-988 in 1983, and USR-1080, in 1995. He confirmed the applicant's property, and the two
properties directly south are the only properties within the immediate area which are located
2009-2697
PL2015
l�/ate-log
HEARING CERTIFICATION - MARCOS SANCHEZ(USR-1691)
PAGE 2
within unincorporated Weld County, with all other surrounding properties located within the
Cities of Greeley and Evans. He indicated the applicant will be required to provide a
Landscaping and Screening Plan, to ensure compatibility with the surrounding area. He stated
eleven referral agencies reviewed the application materials, and the comments provided have
been addressed through the Conditions of Approval and Development Standards. Mr. Gathman
indicated water service to the residence is through an existing tap from the City of Greeley, and
the site also contains a domestic well; however, because the State does not have record of a
well permit, any expansion or change of use for the well will require the submission of an
Augmentation Plan. He stated no letters have been received from surrounding property owners,
and he confirmed the site is located within the Urban Growth Boundary for both the Cities of
Greeley and Evans.
He further stated the referral response from the City of Greeley indicated the site is located
within the City of Evans Long Term Growth Area, and the most appropriate development of the
site is within the City of Evans, or constructed in accordance with the development standards of
the City of Evans. He confirmed the City of Greeley requested additional information regarding
the detention pond, number of expected daily vehicle trips, and the maximum number of RV's to
be stored on the site. He stated the referral from the City of Evans indicates the proper method
for development of the site is through annexation and the approval of a USR permit from the
City of Evans. He further stated the City of Evans has requested the applicant be required to
provide a ten -foot landscape buffer along the eastern property boundary, to screen from the
existing residential subdivision, with the buffer to consist of one tree and five shrubs per
500 -square -feet of area. He indicated the City of Evans further requested the applicant be
required to construct a six-foot privacy fence along the eastern boundary, and connect to
sanitary sewer service, since there is a sewer line approximately 710 feet south of the property.
He confirmed a subsequent E-mail provided by the City of Evans indicates that a sewer line
exists 150 feet from the eastern property line, and he clarified it is a general policy of the
Department of Public Health and Environment to require that an applicant connect to public
sewer at the time a septic system requires upgrades or replacement. He confirmed the
Resolution originally contained language which indicated the applicant must address the
requirements of the City of Evans; however, after discussion during the Planning Commission
hearing, the condition is no longer required within the Resolution. He clarified the nearest sewer
line is approximately 150 feet from the property boundary; however, the distance to the structure
is over 400 feet. He indicated the applicant is required to address the requirements regarding
landscaping and fencing, as described within Condition of Approval #1.H, and the requirement
to conned to sewer service was deleted at the request of the Planning Commissioners.
In response to Commissioner Rademacher, Mr. Gathman confirmed the two properties
immediately south of the applicant's property both contain USR permits, approved in the years
1993 and 1995. Further responding to Commissioner Rademacher, Don Carroll, Department of
Public Works, clarified the property immediately north of the applicant's property is a retention
pond for the adjacent subdivision. Commissioner Rademacher indicated he in confused about
the status of the well on the applicant's property, and in response, Mr. Gathman clarified the
well is a domestic well, and if it is intended to be utilized within the operations of the business,
the applicant must provide evidence of approval from the Colorado Division of Water
Resources, as described within Condition of Approval #1.C. He further clarified the applicant
must obtain permission from the City of Greeley if the water tap on the site will be utilized for
2009-2697
PL2015
HEARING CERTIFICATION - MARCOS SANCHEZ(USR-1691)
PAGE 3
business purposes. He indicated he has not seen any correspondence from the City of Greeley
regarding the water service on the site; however, the applicant does have an existing residential
tap, and is billed based upon the amount of water consumption for the property. He indicated
the residence on the property is currently being utilized as a rental, therefore, the usage is
generally expected not to increase, since the only additional use will be use of the restrooms
within the residence for customers coming to the site. In response to Commissioner
Rademacher, Mr. Gathman indicated if the applicant needs to expand the tap, or obtain a new
tap, the requirements will be regulated by the City of Greeley. He displayed photographs of the
site and surrounding area, and confirmed the site contains existing opaque fencing.
Responding to Commissioner Rademacher, Mr. Gathman confirmed the applicant did discuss
possible annexation with the City of Evans, and the case has previously been continued to allow
those discussions to take place; however, the applicant ultimately decided to proceed with the
USR permit through the County.
Mr. Carroll stated County Road 33 (47th Avenue) is identified as an arterial roadway, containing
130 feet of right-of-way, and currently 50 feet of right-of-way is dedicated along the western side
of the road, and 30 feet on the eastern side. He indicated it will be necessary for the applicant
to reserve an additional 35 feet of right-of-way, for future expansion of the road. In response to
Commissioner Conway, Mr. Carroll indicated the two properties to the south of the applicant do
not have the requested setback, since they were approved many years ago; however, the same
request will be made of these property owners once improvements to the road are scheduled.
Mr. Carroll clarified the Department is not requesting dedication of the right-of-way; the applicant
simply needs to reserve the future right-of-way. Responding to Commissioner Conway,
Mr. Carroll indicated the right-of-way will be required to be purchased by whichever City
completes future improvements to the road. He indicated there is one access to the facility, the
applicant has removed a tree to increase the turning radius, and the culvert has been extended
to accommodate the large size of the RV's. He further indicated the water on the site naturally
drains to the west, and the applicant is required to create a small water capture area.
Lauren Light, Department of Public Health and Environment, stated potable water may be
provided through the well on the site, or through the City of Greeley tap. She confirmed the site
will not contain a washing area or dump station, and the applicant will be required to submit a
Dust Abatement and Waste Handling Plan. She confirmed a sewer line for the City of Evans is
located 150 feet from the eastern property line; however, it is a distance of over 400 feet to the
existing restrooms, therefore, the applicant will not be required to connect to the sewer line.
She further confirmed due to the proposed use of the site, the existing septic system must be
evaluated, to determine that the size of the system is adequate, or a new septic system may be
installed. In response to Commissioner Rademacher, Ms. Light confirmed she will need a
written statement from the City of Greeley, indicating that the existing water tap on the site is
sufficient for the proposed business use.
Marcos Sanchez, applicant, confirmed the property to the south is also an RV storage lot, and
he has no intention of adding any buildings on the property. He stated the residence does
utilize a septic system, and according to the review completed by his engineer, the septic
system is adequate for the proposed use. In response to Commissioner Rademacher,
Mr Sanchez indicated the business will have no employees, except for the on -site manager who
will live in the residence, providing security services. He confirmed the site is self-contained and
2009-2697
PL2015
HEARING CERTIFICATION - MARCOS SANCHEZ(USR-1691)
PAGE 4
the use of additional employees is not necessary. Further responding to Commissioner
Rademacher, Mr. Sanchez indicated he has not discussed the use of the water tap with the City
of Greeley, and this is the first time is has been indicated to him that he needs to obtain a
commercial tap, instead of a residential tap. Commissioner Rademacher clarified it may not be
necessary for Mr. Sanchez to obtain a commercial tap if the existing residential tap has an
adequate flow, and that is why it is necessary for Mr. Sanchez to discuss the use of the tap with
a representative from the City of Greeley. Further responding to Commissioner Rademacher,
Mr. Sanchez indicated he is not familiar with the requirements of an Augmentation Plan for the
well on the site; however, he has never utilized the well, as it is currently not functioning. He
confirmed the only reason he would utilize the well in the future would be for watering the
landscaping on the site. In response to Commissioner Conway, Mr. Sanchez confirmed the
on -site manager will live in the residence full-time.
Sheryl Trent, City of Evans, stated the City of Evans has an existing Intergovernmental
Agreement (IGA) with the City of Greeley, which indicates this property will be annexed to the
City of Evans at some point in the future. She stated the site is within the Urban Growth
Boundary, it is surrounded on three sides by the City of Evans, and it is a small parcel which
has remained in unincorporated Weld County. She confirmed the two properties to the south
were developed in Weld County many years ago, when the development standards were not as
sophisticated as they now are. She clarified the Long -Term Future Land Use Map indicates this
area as residential, and if the property were to develop within the City of Evans, it would not be
known what decision the City Council would make regarding the use of the business on the site.
She indicated the development of the property as an RV storage lot is not an appropriate use of
the property at this time. Ms. Trent confirmed annexation was discussed with Mr. Sanchez and
his representatives, and the City understands that it will be a large expense for the applicant to
connect to sewer service, therefore, the City agreed to delay the connection to sewer until
enough development occurs within the surrounding area to make the costs feasible. She
indicated the City's standards regarding ingress and egress at the site, containing a requirement
for paving the entrance, also proved to be cost prohibitive for the applicant, and Mr. Sanchez
ultimately made the decision to continue the development process with Weld County. She
confirmed the City of Evans is opposed to approval of the USR permit, since the type of
development proposed is not the proper choice for land within the UGB with surrounding
high -density residential uses. She confirmed the applicant is a good business owner, and she
does not expect any negative issues on the site if the USR permit is approved by the County.
She indicated an IGA used to exist between the County and the City of Evans; however, there is
no current agreement.
Commissioner Rademacher expressed his appreciation to Ms. Trent for being present at today's
hearing and providing comments. In response to Commissioner Rademacher, Ms. Trent
confirmed the standards for the City of Evans require that the applicant pave the entrance to the
site with asphalt, concrete, or the equivalent, for access onto 47th Avenue, and the screening
and landscaping issues will be met through the language within the Conditions of Approval.
She confirmed the applicant had concerns regarding the costs for connection to the sewer
system and paving costs for the entrance to the site. Further responding to Commissioner
Rademacher, Ms. Trent confirmed the paved access would be required to be completed
immediately, and the City was not able to estimate the required costs for this requirement. She
2009-2697
PL2015
HEARING CERTIFICATION - MARCOS SANCHEZ(USR-1691)
PAGE 5
also indicated the applicant had some uncertainty regarding the City Council approving a USR
permit within a residential area.
Commissioner Conway indicated the letter provided by the City of Evans, dated March 30,
2009, indicates when the property is annexed to the City, it is likely to be classified as
Commerical; however, Ms. Trent just provided testimony that the property is considered to be
residential in nature. In response, Ms. Trent confirmed the City of Evans is currently undergoing
revisions to its Comprehensive Plan, and 47th Avenue is classified as a major arterial for the
City. She confirmed the Tuscany Subdivision, further south along 47th Avenue, has several
commercially platted properties which have not been developed, and it is the intention of the
City to center commercial areas nears major intersections of roads. She indicated the future
land use map drafted several years ago indicates this area as commercial; however, since that
time, the lack of development in the area has prompted a reclassification of the area as
residential. She further indicated the City would be happy to consider small commercial uses
for the property; however, the City has concerns regarding the use of the site for outdoor
storage, which is considered to be more of an industrial type business. Further responding to
Commissioner Conway, Ms. Trent confirmed the adjacent subdivisions were developed after
approval of the two existing USR permits in the immediate area. She clarified the subdivision to
the east is within the City of Evans, and the subdivision to the north is within the City of Greeley.
Responding to Commissioner Rademacher, Ms. Trent indicated one small property to the west
of the site is still located within unincorporated Weld County, and the rest of the properties have
already been annexed by the City of Evans. In response to Commissioner Kirkmeyer, Ms. Trent
confirmed the first letter sent by the City indicated a sewer line existed 710 feet south of the
property; however, the updated E-mail clarifies a residential sewer line does exist 150 feet to the
east of the property.
In response to Chair Garcia, Mr. Carroll indicated the County does not require pavement at the
entrance of the applicant's property because the adjacent properties to the south contain gravel
driveways, and he desires to keep consistency along the road. He confirmed the applicant
could install some type of tracking pad, he is not sure of the paving distances requested by the
City of Evans, and the City of Evans does provide maintenance of 47th Avenue in front of the
applicant's property. Further responding to Chair Garcia, Ms. Trent confirmed the requirement
of paving the entrance to the property is to prevent dirt and gravel from being tracked onto 47th
Avenue, and to also help protect the integrity of the road, which will be negatively impacted by
the large vehicles entering and exiting the site. She clarified the applicant would not be required
to provide pavement for the entire site, rather, only a certain width and distance for the entrance
to the site would be required to be paved. In response to Commissioner Rademacher,
Ms. Trent confirmed the two outstanding items of concern for the City of Evans include the lack
of requirements regarding paving the entrance to the site and connection to sewer service.
Commissioner Long indicated the City of Evans previously indicated it was neither for, nor
against, development of the site; however, Ms. Trent indicated the City is now opposed to the
development of the site. Ms. Trent clarified after working with the recent modification to the
Comprehensive Plan, the City realized it is not opposed to development or business owners;
however, the City does have concerns regarding the use of the land within the Urban Growth
Boundary. She further clarified the City is opposed to the approval of the USR permit because
2009-2697
PL2015
HEARING CERTIFICATION - MARCOS SANCHEZ(USR-1691)
PAGE 6
the City believes the applicant should complete the annexation process so that the property may
be developed to the City's standards. She confirmed the City does not want to be at odds with
the County, or with a specific applicant, and the City does favor new development, including
new businesses. There being no further testimony, the Chair closed the public input portion of
the hearing.
Mr. Sanchez stated during discussions with the City of Evans, regarding annexation of his
property, it was his understanding that he would be required to connect to a sewer line, and he
obtained an estimate for the costs associated with this requirement, which he provided as
Exhibit G. (Clerk's Note: The Exhibit was not added to the file, as it is identical to Exhibit 6.8).
He further stated the costs associated with providing pavement for the site were prohibitive, and
high costs associated with the projects were his main reason for not seeking annexation to the
City of Evans. He confirmed he also does not want to provide another set of fees for review of a
USR permit to the City, since he has already paid all of the required fees to the County.
In response to Commissioner Rademacher, the Acting Clerk to the Board confirmed over ninety
(90) notices were sent out to surrounding property owners within 500 feet of the applicant's
property, and Mr. Gathman confirmed no letters of concern were received by staff. In response
to Chair Garcia, Mr. Carroll confirmed he is not sure if the County has the jurisdiction, through
the USR permit, to require the applicant to provide paving along 47th Avenue, since the existing
right-of-way is maintained by the City of Evans, and he requested clarification from Mr. Barker.
Mr. Barker confirmed the Board has the ability, through the provisions of the USR permit, to
require and allow the applicant to provide additional pavement adjacent to 47th Avenue.
Commissioner Kirkmeyer questioned whether the applicant would be required to obtain an
Access Permit from the City of Evans for any work to be completed at the entrance to the site,
Mr. Barker indicated he is unsure; however, the Resolution may be modified to indicate approval
is conditional upon the applicant receiving the proper access permits from the City of Evans.
Commissioner Rademacher expressed his concerns regarding requiring the applicant to install
asphalt or pavement if the City of Evans has plans to widen 47th Avenue in the near future. In
response, Ms. Trent indicated there are no immediate plans for the expansion of 47th Avenue;
however, the Long Term Transportation Plan does indicate 47th Avenue will eventually become
a three -lane road from the intersection of 37th Street. She confirmed the City of Greeley is
responsible for 47th Avenue immediately north of the applicant's property, and there are no
plans for either City to widen the roadway within the next five years since there is not any
expected development within the near future. Further responding to Commissioner
Rademacher, Ms. Trent confirmed because the applicant has an existing Access Permit, a new
permit is not required unless the access will be significantly modified or widened.
Commissioner Kirkmeyer clarified the applicant is modifying the intensity of the use of the site,
and in response, Ms. Trent indicated she is not sure if that presents a conflict.
In response to Chair Garcia, Mr. Carroll indicated it appears the City of Evans was requesting a
paved entrance so that mud and debris would not be tracked from the site onto 47th Avenue.
He indicated the Board could require the applicant to pave the entrance to the site, which could
eliminate a lot of the tracking issues from the site. Commissioner Rademacher questioned
whether the applicant could utilize other methods to alleviate tracking debris onto the road. In
response, Mr. Carroll indicated the applicant could utilize recycled asphalt or crushed concrete,
2009-2697
PL2015
HEARING CERTIFICATION - MARCOS SANCHEZ(USR-1691)
PAGE 7
both of which compact into an adequate road base. Further responding to Commissioner
Rademacher, Mr. Carroll confirmed the site contains adequate gravel for the driving and parking
areas on the site, and there are adequate gravel parking pads for the large RV's within the
storage area. Commissioner Rademacher indicated he does not believe the RV's leaving the
site and accessing 47th Avenue will be tracking very much debris onto the road since they are
parked on gravel, and not in mud.
Responding to Chair Garcia, Mr. Sanchez indicated he understands the concern of the City of
Evans regarding tracking debris onto 47th Avenue; however, it does not happen frequently. He
further indicated a washout could occur at the entrance after a very heavy rain, due to the
placement of the culvert along 47th Avenue. He confirmed he would like to help alleviate any
issues with the road; however, he simply cannot afford to install asphalt on the site at this time.
In response to Chair Garcia, Mr. Sanchez indicated he has reviewed, and concurs with, the
Conditions of Approval and Development Standards.
Commissioner Rademacher indicated he believes the site presents a compatibility issue;
however, the use of RV storage within the immediate area began long ago. He confirmed it
makes sense for the applicant to eventually annex into the City of Evans in the future; however,
it appears the City has conflicts regarding the use on the site. He indicated he does not want
the applicant to be required to add pavement to the entrance, since the existing gravel on the
site is adequate. He further indicated the adjacent property to the south is currently storing RV's
as well, therefore, the proposed use is compatible, and he supports approval of the application.
Commissioner Kirkmeyer concurred with Commissioner Rademacher, and reiterated there was
no other development in the area when the previous USR permits were approved, therefore, the
uses were compatible. Commissioner Rademacher indicated he is encouraged by the fact that
over 90 notices were sent to surrounding property owners, and no concerns were received
regarding the proposed use. Chair Garcia confirmed the issue of compatibility is very important,
and he understands most of the surrounding properties are high -density residential; however,
people living within these types of residential areas often need a place to store RV's and boats,
etcetera. He confirmed it is not appropriate for property owners to park large recreational
vehicles within their subdivisions, and he believes this use is compatible with the surrounding
area.
In response to Commissioner Conway, Mr. Gathman confirmed Condition of Approval #1.H
addresses the requests made by the City of Evans, with the exception of the requirement that
the applicant connect to the nearest sewer line. Commissioner Rademacher indicated the
applicant may experience issues regarding the use of water on the site, and may be required to
upgrade the tap, even though the water consumption on the site will not dramatically increase.
Commissioner Kirkmeyer clarified the applicant must meet the requirements of the City of
Greeley, since that is where the water is provided from, and the Board does not have any veto
power over the water system. She further clarified the City of Greeley must determine what
uses are allowed for the water, the rate to charge, and whether the applicant will be required to
obtain a commercial water tap. She indicated it is the Board's responsibility to ensure the
applicant has an adequate way to access water on the site, and it is the applicant's
responsibility to ensure the water is delivered to the site. Mr. Barker concurred with
Commissioner Kirkmeyer.
2009-2697
PL2015
HEARING CERTIFICATION - MARCOS SANCHEZ(USR-1691)
PAGE 8
Commissioner Rademacher moved to approve the request of Marcos Sanchez for a Site
Specific Development Plan and Use by Special Review Permit #1691 for a Use Permitted as a
Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone
Districts (recreational vehicle storage) 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 Long, and it carried unanimously. There being no further discussion, the hearing
was completed at 11:05 a.m.
This Certification was approved on the 12th day of October, 2009.
ATTEST:
Weld County Clerk to
BY:
Deputy Cler to the Boar
BOARD OF COUNTY COMMISSIONERS
WELD CT ALORADO
William F.' Garcia, Chair
Douglas
ademacher,Pro-Tem
Sean P. Conway
a Kirkmeyer
cj C
David E. Long
/
2009-2697
PL2015
EXHIBIT INVENTORY CONTROL SHEET
Case USR #1691 - MARCOS SANCHEZ
Exhibit Submitted By Description
A. Planning Staff Inventory of Items Submitted
Planning Commission Resolution of Recommendation
Summary of Hearing (Minutes dated 08/04/2009,
C. Planning Commission 06/02/09, and 5/5/09)
D. Clerk to the Board Notice of Hearing (filed under Legals)
Aerial Map (not included in file — duplicate of map within
E. Public Works Staff Referrals)
F. Planning Staff Certificate of Sign Posting
Sewer Estimate (not included in file — duplicate of
G. Applicant Exhibit 6.B)
H.
K.
L.
P.
a
R.
s.
T.
U.
V.
W.
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 7TH DAY OF OCTOBER, 2009:
DOCKET #2009-31 - Marcos Sanchez
PLEASE legibly write or print your name and complete address.
123 Nowhere Street, City, State, Zip
c1/47,
/
.
y
6
\
zS
'-'9
\
,-
_l_
\
\
/
\
T
�\�
\‘..,
a
\
\
-
:
•
\
.
U)
2
«
\
m
\
/
rr
\
NAME
John Doe
.\
---1-
„,
\
\
x
(-I-
.
«
:'
<
y
/
. \
Vii\
-
sISw�.
Hello