HomeMy WebLinkAbout20091102.tiffSUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, May 5, 2009
A regular meeting of the Weld County Planning Commission was held in the Weld County Department of
Planning Services, Hearing Room, 918 10'" Street, Greeley, Colorado. The meeting was called to order by
Chair, Doug Ochsner, at 1:30 p.m.
ROLL CALL ABSENT
Doug Ochsner - Chair
Tom Holton - Vice Chair
Nick Berryman
Paul Branham
Erich Ehrlich
Robert Grand
Bill Hall
Mark Lawley
Roy Spitzer
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Also Present: Chris Gathman, Jacqueline Hatch, and Kim Ogle, Department of Planning Services; Don
Carroll, Department of Public Works; Lauren Light, Department of Health; Cyndy Giauque, County Attorney,
and Kris Ranslem, Secretary.
Robert Grand moved to approve the April 7, 2009 Weld County Planning Commission minutes, seconded by
Erich Ehrlich. Motion carried.
The Chair read the first case into record.
CASE NUMBER:
APPLICANT:
PLANNER:
LEGAL DESCRIPTION
REQUEST:
LOCATION:
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USR-1651
Jay & Sherrie Woods
Chris Gathman
Part of the SW4SE4 of Section 36, T6N, R66W of the 6th P.M., Weld
County, Colorado.
A Site Specific Development Plan and Special Use Permit for any use
permitted as a Use by Right, an ACCESSORY USE, or a Use by Special
Review in the COMMERCIAL or Industrial Zone Districts, (Lawn Tree and
Care Business) provided that the property is not a Lot in an approved or
recorded subdivision plat or lots parts of a map or plan filed prior to adoption
of any regulations controlling subdivision and One (1) SINGLE-FAMILY
DWELLING UNIT per LOT other than those permitted under Section 23-3-
20.A (addition of future single-family home) in the A (Agricultural) Zone
District.
South of and adjacent to "F" Street and 1/8 mile west of "C" Street.
Chris Gathman, Planning Services, stated that the applicant indicated to him that they are looking to
potentially downscale their business. He added that staff did not receive a formal request for a hearing
date to continue this to; however this case is a violation case. Mr. Gathman commented that the applicant
does have some substantial health issues that he is dealing with. He added that the applicant's son is
also involved with the business therefore he will try to talk to the son directly on this matter.
Mr. Gathman recommended continuing this case 60 days to the July 7, 2009 Planning Commission
meeting. This should give the applicant time to come up with a plan if they wish to modify their application
or proceed as it has been submitted.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Robert Grand moved to continue USR-1651 to the July 7, 2009 Planning Commission meeting, seconded
by Roy Spitzer. Motion carried.
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The Chair read the next case into record.
CASE NUMBER: USR-1691
APPLICANT: Marcos Sanchez
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Use by Special Review Permit 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.
LEGAL DESCRIPTION: Part NW4SW4 of Section 23, T5N, R66W of the 6th P.M., Weld County,
Colorado.
LOCATION: East of and adjacent to CR 35 and approximately 1/2 mile south of State Hwy
34.
Chris Gathman, Planning Services, stated that the applicant is requesting to continue this application to the
June 2, 2009 meeting in order to address the 30 day mineral notification requirements per State Statute. He
added that the applicant has already submitted the notifications for the June 2, 2009 hearing so he can make
that 30 day timeline. Staff is in support of this request.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Paul Branham moved that Case USR-1691 be continued to the June 2, 2009 Planning Commission meeting,
seconded by Mark Lawley. Motion carried unanimously.
The Chair commented that there has been a change to the agenda in that USR-1684 is requesting a
continuance. He read the case into record.
CASE NUMBER: USR-1684
APPLICANT: Zapien Brothers Concrete
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and a Use by Special Review Permit for a
Use by Right, an Accessory Use, or a Use by Special Review in the
Commercial or Industrial Zone District (Parking and Storage for a Concrete
Company) in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: Part NE4 Section 25, TIN, R67W of the 6th P.M., Weld County, Colorado.
LOCATION: East of and adjacent to Grace Av, North and South of Frederick Street;
Townsite of Wattenburg.
Kim Ogle, Planning Services, commented that the applicant has forgotten that he had a hearing today and
is out of town. Therefore he has requested a continuance to the June 2, 2009 hearing.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Tom Holton moved that Case USR-1684 be continued to the June 2, 2009 Planning Commission meeting,
seconded by Erich Ehrlich. Motion carried unanimously.
The Chair read the following case into record.
CASE NUMBER: USR-1689
APPLICANT: Timothy Gonzales
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Kennel (24 dogs used to selectively breed and train registered sporting dogs)
in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: Lot A RE -2029; Pt S2SW4 of Section 21, T2N, R66W of the 6th P.M., Weld
County, Colorado.
LOCATION: North of and adjacent to CR 18; approximately 1/2 mile west of CR 31.
Kim Ogle, Planning Services, requested that this item remain on the consent agenda.
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The Chair asked the applicant if he wishes for this case to remain on consent. Mr. Gonzales replied yes.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Robert Grand moved that Case USR-1689 be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, seconded by Erich Ehrlich. Motion carried unanimously.
The Chair read the next case into record.
CASE NUMBER: USR-1693
APPLICANT: Katherine & Michael O'Keefe
PLANNER: Jacqueline Hatch
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a
Use by Right, an 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.
LEGAL DESCRIPTION: Lot B of RE -529 being part of NE4 NE4 in Section 21, T12N, R66W of the 6th
P.M., Weld County, Colorado.
LOCATION: West of State Highway 85 and approximately 3/4 miles north of CR 138.
Jacqueline Hatch, Planning Services, stated that the site is located west of and adjacent to State Highway 85
and approximately'4 miles north of County Road 138 consisting of approximately 8.92 acres.
There is an existing Use by Special Review Permit (AmUSR-1096 for a gift shop) located directly to the west.
The sign announcing the Planning Commission hearing was posted on April 22, 2009 by staff.
The site is proposed to be serviced by an individual septic system permitted under permit number SE -0900009
and was evaluated for adequate size and capacity by the Health Department on February 18, 2009. The site
is proposed to utilize the existing well (Permit Number 280528). The well is permitted for an individual
commercial business and two associated dwellings.
The applicant is asking for a larger sign than what is allowed in the Agricultural Zone District. The applicant is
requesting a 24 square foot sign on the property. The Agricultural Zone District allows for one freestanding
sign not to exceed 16 square feet. The Department of Planning Services supports the request for a 24 square
foot sign.
The surrounding property is primarily dry land in nature with a few homes in close proximity. The Clowns
Den/Borderline Cantina (USR-1096) is located directly to the west of the site. The Wyoming -Colorado state
line is located directly to the north. There are five parcels within 500' of the property. Two letters have been
received in opposition to the proposal from neighboring property owners. Some of their concerns include an
increase in traffic, noise, and a reduction in sales to the existing lottery sales office to the north of the property.
The site is not located within three miles of any municipality. The property is located within three miles of
Laramie County in Wyoming. Laramie County in their referral letter dated March 10, 2009 indicated no
conflicts with the proposal.
Thirteen referral agencies reviewed this case; seven referral agencies had no comments, four referral
agencies included conditions that have been addressed through the development standards and conditions of
approval. No comments were received from the Colorado Lottery and the Nunn Fire Protection District.
Ms. Hatch commented that she has provided revised staff comments today. Originally the applicant was
proposing a cistern for the water supply on site; however as of this morning there is a permit for a commercial
well. Therefore staff comments have been revised to reflect a commercial well instead of a cistern on site.
Commissioner Lawley asked if the USR located west of this site is currently active. Mr. Hatch replied yes.
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Commission Ochsner asked if the proposed site is going to be living quarters and gift shop. Ms. Hatch
replied that the north side of the building will be a gift shop and the south side of the building is to remain a
home for the applicant.
Commission Ochsner asked if any building permits have been submitted. Ms. Hatch said that the
applicant has applied for a change of use permit for the home; however it will not be released pending the
approval of this application.
Michael O'Keefe commented that he represents his mother who is the applicant. He introduced three
generations of his family.
Mr. O'Keefe commented that for nearly four years they have seen their income erode after nearly 25
successful years as real estate brokers with a continued downturn in the real estate industry and continue
to struggle. In order to support their family they have had to liquidate most of their assets to get through
this very challenging period. Optimistically they have been keeping their eye out for any opportunity that
may come their way which is what had led them to apply for this USR in hopes of establishing a viable
business that will help to support them.
They have not intended to ruin any existing business or anyone's way of life. They are believers in the
American way and the spirit of competition.
This is a family affair as they all plan to participate daily on site in the operation of this business in the
hopes to build it into a viable entity that will benefit not only their family but the population of the
surrounding area and the many motorists and tourists that travel Highway 85. The benefits will also be felt
by the State of Colorado in general and Weld County in particular.
Mr. O'Keefe stated that they have complied with all that has been asked of them by the Weld County
Planning Department and its officials. They intend to fully cooperate with whatever else is asked of them
to bring this historic site into compliance with all the International Building Code regulations. They look
forward to the continued good relationship with Weld County, its various departments and officials.
Commission Ochsner asked Mr. O'Keefe to describe their business and any future plans they might have.
Mr. O'Keefe said that it was built in the 1940s as the State Line Oasis Dance Hall and the Prairie Inn. Mr.
O'Keefe indicated on a visual slide a small dwelling which houses the well. It was a windmill dated back in
the 1940s and because of the historical use and the work he has done over the last 7 months with the
Division of Resources they were able to return it to its historical use which was a commercial/residential
use.
Mr. O'Keefe stated that on the north side of the building there are two garage doors and there is
approximately 2,000 square feet of garage space. The garage area, approximately 900 to 1,000 square
foot, is the area that will be used as the gift shop. The remaining area of the building will be used as
garage and residential use.
He added that they intend to have Colorado Lottery as well as wireless internet access.
Commissioner Ochsner referred to the request for a larger sign and asked what it would consist of. Mr.
O'Keefe said that code allows a 4 foot by 4 foot sign and they have asked to increase it to 6 feet by 4 feet.
The sign would be located approximately 50 to 60 feet from the road and Mr. O'Keefe indicated that
CDOT has approved the request.
Don Carroll, Public Works, commented that the access to the site is from Highway 85 which is controlled
by CDOT.
The approach and parking lots are surfaced with asphalt. The applicant has identified a handicap parking
space as well as customer parking. Mr. Carroll added that there is some overflow parking as well.
Commissioner Berryman asked if there are any accel/decal lanes for the access. Mr. Carroll replied that
there are no accel/decel lanes; however CDOT would be the authority to require that.
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Lauren Light, Environmental Health, commented that the applicant did receive a commercial well and
therefore they do not need the cistern. There is a condition of approval to provide something in writing
indicating the vacation of that cistern.
There is an existing septic system that the applicant has had evaluated by an engineer. Only
prepackaged food from a vending machine is allowed without a food license. If they would apply for a
food license they would probably have to upgrade their septic system.
Staff has asked for a dust abatement plan for the overflow parking area as well as a Waste Handling Plan.
The Chair asked if there was anyone in the audience who wished to speak for or against this application
Kim Chavez is the property owner adjacent to this location. She has owned Borderline Cantina for five
years.
Ms. Chavez stated that in these hard economical times it is difficult enough to stay in business and be
able to provide a service to the community and also provide jobs for individuals and their families. They
believe if this business is allowed to be put in place it would directly affect their sales and potentially have
a disastrous affect on their livelihood. They have established customers over many years and need
everyone to keep this business going. They have their life savings invested into this business and have
worked very hard to keep it going in these extremely difficult economic times.
Due to their location and the customers they have established they are able to continue to provide a
service to the community and also provide employment and income to several individuals and their
families. Also due to the location the only customers the new business would be able to obtain would be
customers they have already have at their establishment.
They are located 7 miles south of Cheyenne on Highway 85 with no other business in the area other than
a Gentlemen's Club and no other residence in the area as well. The only reason to drive out to this
property is to purchase lottery tickets. Based on the above stated facts it is reasonable to speculate that
no new or additional customers will be or can be established and no additional revenue would be seen by
the City or State that is not already being produced by their business. However if any percentage of
customers are lost due to additional businesses into the area it is unlikely that they would be able to stay in
business. This would directly impact the lives of their families and lives of their employees.
Ms. Chavez commented that they think it would be unfair to allow a new, much smaller business into the
area that will not produce any additional revenue to the City or State but could potentially destroy a
business that has been in place and has provided a service to the community and is already producing the
maximum amount of revenue for the City and State that can be produced for that geographical location.
Ms. Chavez asked to take this into consideration and not allow this business into this area that would
directly negatively impact their business and their means of survival.
Commissioner Ochsner asked Ms. Chavez if there is signage for her business. Ms. Chavez replied that
they have signage along Highway 85 by their access as well as signage next to the facility.
The Chair closed the public portion of the meeting and asked if the applicant would like to make any
further comments. Mr. O'Keefe declined to add further comment.
The Chair asked the applicant if they have read through the amended Development Standards and Conditions
of Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Mark Lawley moved that Case USR-1693, be forwarded to the Board of County Commissioners along with the
amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, seconded by Roy Spitzer.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
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Berryman, yes; Paul Branham, yes; Erich Ehrlich, yes; Robert Grand, yes; Bill Hall, yes; Mark Lawley, yes; Roy
Spitzer, yes; Tom Holton, yes; Doug Ochsner, yes with comment. Motion carried unanimously.
Commissioner Ochsner commented that he appreciated the public attendance today, but unfortunately it's
not up to this board to regulate competition. They have a set of standards in which the applicant has met
and therefore based on that they granted approval of the application. He reminded the public that the next
hearing will be before the County Commissioners on May 20, 2009 at 10:00 a.m.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss.
Robert Grand mentioned a recent tragedy which resulted in death at the intersection of County Road 49
and Highway 34. He added that it seems that there have been multiple death accidents and there has not
been any solution to the basic problems. He understands that there is no easy solution but wanted to
remind everyone of the fact that there are deaths on the road because of issues.
Nick Berryman commented that he had talked to one of the County Commissioners and they indicated to
him that the priority for getting a light at that intersection has been moved up some.
Meeting adjourned at 2:09 p.m.
Respectfully submitted,
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Kristine Ranslem
Secretary
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