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Home My WebLink About20083265.tiff HEARING CERTIFICATION DOCKET NO. 2008-89 RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1658 FOR A USE PERMITTED AS A USE BY RIGHT,ACCESSORY USE,OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (CONSTRUCTION BUSINESS) IN THE A(AGRICULTURAL) ZONE DISTRICT - MICHAEL ABERLE A public hearing was conducted on December 17, 2008, at 10:00 a.m., with the following present: Commissioner William H. Jerke, Chair Commissioner Robert D. Masden, Pro-Tem Commissioner William F. Garcia Commissioner David E. Long Commissioner Douglas Rademacher Also present: Acting Clerk to the Board, Jennifer VanEgdom Assistant County Attorney, Cyndy Giauque Planning Department representative, Michelle Martin Health Department representative, Lauren Light Public Works representative, Don Carroll The following business was transacted: I hereby certify that pursuant to a notice dated October 27, 2008, and duly published October 31, 2008, in the Greeley Tribune, a public hearing was conducted to consider the request of Michael Aberle for a Site Specific Development Plan and Use by Special Review Permit#1658 for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (construction business) in the A (Agricultural) Zone District. Cyndy Giauque, Assistant County Attorney, made this a matter of record. Michelle Martin, Department of Planning Services, presented a brief summary of the proposal and stated the site is located south of County Road 4 and east of U.S. Highway 85. She clarified the Department of Planning Services originally recommended denial of the application, due to the lack of permanent water supply;however,the Planning Commission amended the requirements to allow for the use of portable toilets and bottled water, and recommended approval of the application. She stated the property is currently in violation for the operation of a commercial business without the proper permit, and the violation will be corrected if the Board approves the application; however, if the application is denied,the matter will be referred to the County Attorney's Office,with a delay of action for thirty days, in order to allow the applicant adequate time to remove the storage items from the site. She indicated seventeen referral agencies reviewed the case, and twelve responded favorably or provided comments which have been addressed within the Conditions of Approval and Development Standards. Ms. Martin reviewed photographs of the site, and in response to Chair Jerke, she confirmed the Planning Commission voted for approval of the application on a four-three vote. In response to Commissioner Rademacher, Ms. Martin confirmed there are no immediate uses to the south or east of the site, and she is unsure of the use of the property beyond the railroad tracks and County Road 27 to the west. Further responding to Chair 2008-3265 PL1993 ( 0 f/z it - -v `� HEARING CERTIFICATION - MICHAEL ABERLE (USR #1658) PAGE 2 Jerke, Ms. Martin indicated she is unsure as to whether the violation was initiated by Planning staff, or by a complaint received from a surrounding property owner. In response to Commissioner Masden, Lauren Light, Department of Public Health and Environment,clarified the Planning Commission did not have concerns regarding the proposed use of the site, rather, there was concern regarding the required re-permitting of the on-site well to become a commercial well. She clarified if the applicant completes the re-permitting process in order to utilize the well for commercial purposes, he will not be able to utilize the well to provide water to the landscaping on his property. She further clarified several of the Planning Commissioners did not agree with the State's requirement that a commercial well must be utilized if employees on the site are allowed into the main residence to utilize the restroom facilities. Ms. Martin clarified Planning staff's original recommendation for denial of the application was due to concerns regarding the lack of adequate water supply for the property, as required by Section 23-2-260.E.2 of the Weld County Code. She confirmed the well currently utilized by the applicant is permitted for ordinary household uses, fire protection, irrigation of up to one acre of home gardens or lawns, and watering of domestic animals. She explained the Planning Commissioners indicated bottled water and portable toilets were sufficient on the site since the "employees"do not work on the site permanently. She indicated the applicant desires to keep the option to provide outside watering through his current well permit, and prefers not to have to apply for a commercial well permit since it will reduce his rights to utilize the water. She confirmed the Planning Commissioners discussed this issue at length, and decided while it is not appropriate to allow portable toilets and bottled at most sites with USR permits, it is appropriate at this site. In response to Chair Jerke, Ms. Light confirmed the City of the Brighton does have plans in the immediate future to install both water and sewer lines along County Road 27 to the Vestas property, north of County Road 4. Chair Jerke issued a recess for the purpose of a lunch break. Upon reconvening, Don Carroll, Department of Public Works, stated County Road 4 is classified as a collector status road,which is paved,and the most recent traffic counts indicate approximately 885 vehicles per day utilize this road. He indicated the access to the site on the existing driveway, as well as the circulation on the site, appear to be adequate, and he has worked with the applicant to provide adequate stormwater detention on the site. In response to Commissioner Rademacher, Chair Jerke indicated the Board heard testimony at a previous land use hearing that CDOT has the intention to modify the intersection of County Road 4 and U.S. Highway 85 to become a right-in/right-out access. Mr. Carroll confirmed the intention of CDOT and clarified the applicant's access is on County Road 4, east of County Road 27, therefore, his access will not be directly affected by the modified intersection at County Road 4 and U.S. Highway 85. Ms. Light indicated if the applicant desires to be served by the incoming sewer and water lines to be installed by the City of Brighton, his property would have to complete the annexation process with the City. She stated the applicant has provided a letter indicating vehicles are not washed on the site, therefore Conditions of Approval#1.G and#1.E may be deleted from the Resolution. She confirmed the applicant has submitted Dust Abatement and Waste Handling Plans; however, the Department is requiring that more information regarding the plans be submitted, therefore, she does not recommend deletion of the corresponding Conditions of Approval. She indicated the 2008-3265 PL1993 HEARING CERTIFICATION - MICHAEL ABERLE (USR#1658) PAGE 3 noise level on the site is restricted to levels allowed within the Commercial Zone District, as described within Development Standard #10, and the Department does not have any outstanding concerns with the application materials. Michael Aberle,applicant,explained he received a letter from the Department of Planning Services, indicating his property was in violation; however, he was previously unaware that his property was in violation since he understood that the storage of the equipment on the site was allowed. He confirmed the Department indicated the various subcontractors coming to the site changed the overall use of the property, therefore, he has submitted the USR application to correct the violation. He indicated he purchased this property in order to store equipment in close proximity to his residence, and most of the surrounding properties are commercial in nature. He confirmed he has operated his small roofing company for the past ten years, all of the actual roofing work completed by the company occurs at various jobsites, and only equipment is stored on the property. He indicated he occasionally purchases some supplies in bulk quantities, therefore, subcontractors do come to the site to pick up miscellaneous supplies. He further indicated his business operates year-round; however, the business is slower during winter months, and busier during summer months. He confirmed the company does not have any direct employees, rather, he deals with subcontractors who are only on the site for approximately five to ten minutes when they come to pick up supplies. He reiterated there are no full-time employees on the property, and his office is located within the shop on the site, which is separate from the primary residence. Mr. Aberle indicated the Planning Commission wanted to allow the uses on the site to continue; however, they were concerned with setting a precedence for future applications. He stated the application materials indicate the site could contain up to twelve people, the number of subcontractors he works with; however, he has never had an instance in which all of the subcontractors were on the site at the same time. In response to Chair Jerke, Mr.Aberle indicated his property is located approximately 200 feet from the railroad to the west, and confirmed the access to his property is on County Road 4. He further stated he does not desire to apply for a commercial well permit since he will not be able to water the established landscaping on the site if the commercial permit is approved. Responding to Commissioner Rademacher, Mr. Aberle confirmed he stores a variety of surplus materials; however, there is really not a large amount of storage at the site since he is able to re-use surplus materials at other job sites. Further responding to Commissioner Rademacher, Mr. Aberle confirmed he requested the hours of operation to be from 7:00 a.m., to 6:00 p.m., so that he has a little flexibility regarding the times for subcontractors to arrive to pick up supplies. Commissioner Rademacher indicated he does not believe the hours of operation need to be limited, therefore, Development Standard #16 could be deleted. Mr. Aberle confirmed his site is not open to the public, and customers do not travel to his property, therefore, the hours of operation are solely for the subcontractors who visit the site. In response to Commissioner Masden, Mr. Aberle indicated he does store edging on the site, and he has had approximately ten to fifteen squares stored on the site within the past two years. He further indicated the edging is currently stored outside, within the area which he proposes to screen with the construction of a fence. He stated when he purchased the property he intended to complete a large amount of improvements to the site; however, he has only been financially able to complete a certain number of projects each year. Further responding to Commissioner Masden, Mr.Aberle indicated he does not believe he has ever had all twelve subcontractors come to his property on the same day, and confirmed he averages 2008-3265 PL1993 HEARING CERTIFICATION - MICHAEL ABERLE (USR #1658) PAGE 4 one to two subcontractors per day coming to the site during the winter months, and four to five subcontractors during the summer months. Commissioner Rademacher indicated the required screening requirements will be a large cost to the applicant,and there is empty land to the east and the south, therefore, he does not believe there is any value created by requiring the site to be screened. Chair Jerke concurred, stating he supports the removal of screening requirements from the Resolution. No public testimony was offered concerning this matter. Commissioner Masden indicated the water situation is perplexing, and he does not desire for the applicant to be required to apply for a commercial well permit since he will not be able to utilize the water on the landscaping. He indicated the approval of this permit should be exclusive to this property owner,for these specific uses, and if the property is sold at a later date,a new permit must be applied for at that time. He confirmed he supports the utilization of a portable toilet and bottled water for subcontractors visiting the site, since the visits are infrequent. Mr. Aberle confirmed the utilization of a portable toilet and bottled water will be a very economical option for his business. In response to Chair Jerke, Mr. Aberle indicated bottled water could be stored underneath the overhang along the back side of the shop building, or within the office. Responding to Commissioner Rademacher, Mr.Aberle indicated he is interested in connecting to the future sewer and water lines provided by the City of Brighton, if it is economically feasible to do so at some point in the future. Further responding to Commissioner Rademacher, Mr. Carroll confirmed the annexation for the Vestas property is scheduled to be completed before August,2009. Tom Honn, Director, Department of Planning Services, indicated the City of Brighton currently owns a large portion of the property which will eventually be purchased by Vestas for its operations. He confirmed the water and sewer lines will be constructed alongside County Road 27, and the map displayed depicts that Mr. Aberle's property will not become an enclave once the Vestas property is annexed by the City of Brighton. Commissioner Rademacher indicated this permit should be made exclusive to Mr. Aberle for the uses described, and he concurs the utilization of a portable toilet and bottled water is sufficient for this site. Responding to Commissioner Rademacher, Ms. Light confirmed the Planning Commission modified the language within Development Standard#11 to indicate the applicant shall be allowed to utilize portable toilets and bottled water, and she recommended the deletion of Condition of Approval#1.F, so that the applicant is not required to complete the permitting phase for a septic system. She reiterated Conditions of Approval #1.E and #1.G may be deleted since the applicant will not have any floor drains at the site. The Board concurred with the deletion of Conditions of Approval #1.E, #1.F, and #1.G. Commissioner Rademacher recommended the deletion of Development Standard #15, regarding screening, and Development Standard #16, regarding hours of operation, and the Board concurred with the recommended deletions. Ms. Martin recommended the deletion of Development Standard #2 and Condition of Approval #1.B.9, since both also contain requirements regarding screening. Commissioner Rademacher suggested that Condition of Approval #1.B.8 also be deleted; however, Ms. Martin confirmed staff would like the first sentence of the Condition to remain, so that the trash collection area is delineated on the recorded plat. Chair Jerke confirmed it is the intent of the Board to remove all screening requirements within the Resolution,and the Board concurred with the deletion 2008-3265 PL1993 HEARING CERTIFICATION - MICHAEL ABERLE (USR #1658) PAGE 5 of Development Standard #2, Condition of Approval #1.B.9, and the modification of Condition of Approval #1.B.8 to state, "The applicant shall delineate the trash collection areas." In response to Chair Jerke, Ms. Martin suggested the addition of a new Development Standard to state, "If the property is sold or leased in the future, the property owner shall connect to public water and sewer service, or obtain a commercial well permit." Commissioner Rademacher indicated if the use of the property is going to be modified, the Board will review the issue during a future hearing. Responding to Chair Jerke, Ms. Martin confirmed if a future property owner were to request significantly modified uses on the property, an amendment to the permit would be required; however, a new, but similar, type of business would not necessarily be required to be reviewed by the Board unless a specific Development Standard is included to mandate that a review occur. Chair Jerke indicated he does believe there is a need to include a new specific Development Standard. Following discussion among the Board, no modifications were approved. In response to Chair Jerke, Mr. Aberle indicated he believes the requirement of twelve parking spaces is excessive, and he requested the deletion of Conditions of Approval #1.B.5 and #1.B.6. Ms. Giauque recommended the language regarding the Americans with Disabilities Act (ADA) standards remain as the first sentence of Condition of Approval #1.B.6. She confirmed since Mr. Aberle operates a small private business, he will not be required to provide special accommodations; however,the Board should not remove the language since the removal will imply that Mr. Aberle does not have to comply with ADA standards. The Board concurred with the deletion of Condition of Approval #1.B.5, and the modification of Condition of Approval #1.B.6 to state, "The applicant shall address and adhere to the American with Disabilities Act (ADA) standards for this facility at all times." Further responding to Chair Jerke, Mr. Aberle indicated he does not understand the requirements contained within Condition of Approval #3. In response, Ms. Martin clarified Condition of Approval #3 contains standard language included for all USR permits, requesting that a digital copy of the plat map be provided to staff, if it is available; however, it is not a requirement if a digital copy is not available. She further indicated Condition of Approval#5 indicates the applicant shall provide the mylar plat map to the Department of Planning Services within thirty days of the Board's approval of the Resolution, or, a fee of$50.00 may be assessed for every three-month period after that date for which the plat is not recorded. In response to Chair Jerke, Mr. Aberle confirmed he has reviewed, and concurs with, the Conditions of Approval and Development Standards, as modified. Commissioner Masden moved to approve the request of Michael Aberle for a Site Specific Development Plan and Use by Special Review Permit #1658 for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (construction business) in the A (Agricultural)Zone District, based on the recommendation of the Planning Commission, and the finding that the application materials are in compliance with Sections 23-2-230.B.1 through 23-2-230.B.7, of the Weld County Code, with the Conditions of Approval and Development Standards as entered into the record, and modified. His motion included the deletion of Condition of Approval #1.B.5; the modification of Condition of Approval#1.B.6 to state"The applicant shall address and adhere to the American with Disabilities Act(ADA) standards for this facility at all times."; the modification of Condition of Approval #1.B.8 to state, "The applicant shall delineate the trash collection areas."; the deletion of Condition of Approval #1.B.9; the deletion of Condition of Approval #1.E, #1.F, and #1.G; and the deletion of Development Standards #2, #15, and #16; all with the required re-lettering and re-numeration. 2008-3265 PL1993 HEARING CERTIFICATION - MICHAEL ABERLE (USR#1658) PAGE 6 The motion was seconded by Commissioner Garcia, and it carried unanimously. There being no further discussion, the hearing was completed at 1:45 p.m. This Certification was approved on the 22nd day of December, 2008. APPROVED: BOARD OF COUNTY COMMISSIONERS J LD CO /U �pNTY Y,, .�COQLO®RADO ATTEST: I t / � �.. 2 `'tune yv•Or""� c„„ii . Jerke, Chair Weld County Clerk to the Boar � bat 'el M ro-Tem BY: ' AMall $ Dep tj! Clerk o the Board l J I' F. Garcia Davi E. Long IIoiaglas dema tser 2008-3265 PL1993 EXHIBIT INVENTORY CONTROL SHEET Case USR#1658 - MICHAEL ABERLE Exhibit Submitted By Exhibit Description A. Planning Staff Inventory of Items Submitted B. Planning Commission Resolution of Recommendation C. Planning Commission Summary of Hearing (Minutes 11/18/2008) D. Planning Staff Certificate and Photo of Sign Posting E. F. G. H. J. K. L. M. N. O. P. Q. R. S. T. U. V. ri rj An / -~ / Ce a \ D « v % k K \ / « W 0 \ / u k ® A4 m % / - It< z - % < B E § f ® 4 _ % 2 0 ` © % w o a co -> ( >- 22 SE \ m \ { i � 0 2 - - - uu 0 « u) % h. E I— 0- w a, 2 z / "r- o o m r > § ka ) a -I E00 LL 0 ) o0 3 2 Z a p s k 1 / CC 000 .0 ce . \ « o - n 222 m Z LLw o \ w \ 'C 000 w k { . : tu 1000 � Hello