HomeMy WebLinkAbout20071040.tiff HEARING CERTIFICATION
DOCKET NO. 2007-30
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1586
FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY
SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(OUTDOOR STORAGE OF RECREATIONAL VEHICLES,BOATS,TRAILERS,AND MINI
WAREHOUSING FOR PERSONAL/HOUSEHOLD STORAGE) IN THE
A(AGRICULTURAL) ZONE DISTRICT - JUSTIN AND WENDY MARKWARDT
A public hearing was conducted on May 2, 2007, at 10:00 a.m., with the following present:
Commissioner David E. Long, Chair
Commissioner William H. Jerke, Pro-Tern
Commissioner William F. Garcia
Commissioner Robert D. Masden
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Esther Gesick
County Attorney, Bruce Barker
Planning Department representative, Hannah Hippely
Health Department representative, Char Davis
Public Works representative, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated April 13,2007, and duly published April 18,2007, in
the Fort Lupton Press,a public hearing was conducted to consider the request of Justin and Wendy
Markwardt fora Site Specific Development Plan and Use by Special Review Permit#1586 fora Use
Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (outdoor storage of recreational vehicles, boats, trailers, and mini
warehousing for personal/household storage)in the A(Agricultural)Zone District. Bruce Barker,
County Attorney,made this a matter of record. Hannah Hippely, Department of Planning Services,
presented a brief summary of the proposal,entered the favorable recommendation of the Planning
Commission into the record as written,and gave a brief description of the location of the site,which
is within the Urban Growth Boundary for the City of Greeley. She stated the adjacent surrounding
properties are all zoned A (Agricultural), and she reviewed the specific surrounding land uses.
Ms. Hippely stated 12 referral agencies reviewed the proposal, and 11 responded favorably or
provided comments that have been addressed in the Conditions of Approval and Development
Standards. She stated the City of Greeley has provided comments objecting to the proposal, as it
is not compatible with the City's Comprehensive Plan for the area. She submitted a memorandum,
marked Exhibit I, and stated Condition of Approval#2.O.9 should be modified to reflect corrected
comments from the Department of Public Works, and Condition of Approval #1.F should also be
modified since the applicant has changed the proposal to use a cistern instead of a commercial well
as the water source. In response to Commissioner Rademacher, Ms. Hippely stated the site is
ten (10) acres in size.
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Char Davis, Department of Public Health and Environment, stated the site currently has a well;
however, the applicant does not want to change the classification,therefore, they have asked for
a cistern to support the proposed use. Ms. Davis stated staff has some concern regarding the
source of water for the cistern. She also noted the septic system for the residence needs to be
reviewed by an engineer, with said review to be submitted to staff.
Don Carroll, Department of Public Works,stated the site is accessed from F Street,also known as
County Road 62.25,which is a local paved road with 60 feet of right-of-way. He stated the current
access is a circle drive, and staff recommends the eastern driveway be improved and utilized
through the facility to access the rear of the property. He further stated there is a tree in the middle
of the access which will need to be removed to make the necessary improvements.
Justin Markwardt,applicant,stated the Department of Public Health and Environment has reviewed
the septic system,and on November 27,2006,the Board of Public Health reviewed and approved
the request for a cistern,which will improve the potable water quality, since the well water is quite
hard and unpleasant to drink. He stated they will remove the tree to gain better access to the
property,the application meets the Operation and Design Standards of the Weld County Code,the
Landscaping/Screening Plans will be completed to mitigate the concerns of surrounding property
owners,and the Waste Handling and Dust Abatement Plans have been submitted. In response to
Commissioners Jerke and Garcia,Mr. Markwardt stated the site is not in the floodplain orfloodway,
and explained the existing garage will not be used as part of the proposed use. He stated they
intend to use part of the pasture for Recreational Vehicle(RV)storage,which will be screened from
F Street,and theywill not allow maintenance of any vehicles on the site. He further stated theywish
to keep a clean,attractive self-storage facility,therefore,they will not allow repair work to be done
on the site. He further stated they do not currently have any horses, although they do intend to
continue to use part of the property for their own personal use to keep horses. In response to
Commissioner Rademacher, Mr. Markwardt stated the proposed buildings will not have any water
source or restrooms, rather, those facilities will be located in the office and will be available to
patrons during business hours. He stated the existing well will provide water for personal use in and
around their home,and the cistern will be used for the business restrooms. He stated the water will
come from a permitted source in the City of Greeley, since a public water source tap is not
available. He clarified use of a cistern requires hauling in the water, and it will not have enough
capacity for fire protection; however, the fire hydrant requirement was eliminated by the Union
Colony Fire Protection District.
Greg Thompson,City of Greeley Community Development Department,stated the City of Greeley
provided a recommendation of denial because the proposal is contrary to the City's Comprehensive
Plan. He stated industrial uses should be compatible with adjacent residential neighborhoods,and
their impact on adjacent areas should be considered. He stated the homes to the south are
elevated above the subject site,and the property to the northeast is a former sand and gravel mine
which has been annexed into the City of Greeley and is proposed to become a residential
development with a recreational lake. He further stated the property immediately to the north is
owned by the City of Greeley. He stated the initial plans for a pre-treatment sewer facility are no
longer being considered,the feasibilitystudyforsand and gravel mining found the site would not be
a viable operation, the property is currently being used as a dog park, and it will likely be annexed
in late 2007. Mr. Thompson stated once the property to the north is annexed, the City will have
adequate contiguity and will be interested in annexing the subject site at that time. He stated it does
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not seem appropriate to allow an industrial use in the center of a residential area. He stated the
applicant mustgain water from an approved water source to fill the cistern,and a six-foot fence will
not be adequate screening due to the higher elevation of the homes to the south. Mr. Thompson
stated Weld County staff also recommended denial based on issues of noncompliance with County
standards, incompatibility with future development, and insufficient water source, which are still
issues of concern. He stated future development of the property to the northeast will bring a water
line within close proximity to the site. Responding to Commissioner Rademacher, Mr.Thompson
stated allowing an industrial use in the middle of a residential area is not ideal. He further stated the
proposed storage items will be visible from all directions, and although there is currently a park
across the street,the City of Greeley does not have an active open space program. He stated RV
storage is not an agricultural tradition, and there is no feasibility study to support the need for this
use. He explained the City of Greeley RV regulations have been in place several years, and most
RV owners have placed their vehicles at existing facilities.
Richard Bunn stated he represents his mother who resides on the old Lowell-Paul Dairy property,
which is bounded on three sides by residential development. He stated she is also the owner of 19
shares in the No. 3 Ditch, and his family has held property in Weld County since the 1920's.
Mr. Bunn stated his primary concern is that the proposed use is not consistent with the other
agricultural zoning in the surrounding area, nor with the anticipated residential development. He
stated the southern property line is along a bluff,and most residences to the south will have a clear
view of the proposed RV storage park, which will also adversely impact property values. He also
expressed concern with the lack of necessary dumping service,and impacts from seepage into the
No. 3 Ditch. Mr. Bunn stated F Street has many traffic accidents, and additional traffic will be a
problem. He asked the Board to consider the recommendations for denial from the City of Greeley
and County staff.
Jim Rawson represented Snow Dance Development Company and Sunset Cove of Greeley, LLC.
He stated Sunset owns the 124-acre property to the northeast which is annexed and zoned to
accommodate 163 residences (100 single family dwellings, 63 townhomes, and a Conservation
District with 60 acres of water). He stated the value of the homes will start at$300,000.00,and the
42 homes along the water feature will cost more. He stated they anticipate the infrastructure
construction will commence in 2008, and he expressed concern with the need to dedicate future
right-of-way consistent with other developments along F Street. Mr. Rawson stated the proposed
use creates the potential for fires, without an adequate water source for fire control, and he
questioned whether the storage area will be in an enclosed building or fenced open storage lots.
He stated although maintenance will not be allowed on the site,patrons will need a clean-out/wash
facility. He stated development of the northeast will be extending a waterline up to F Street to gain
potable water, which will also provide service for the applicant. Regardless of the availability of
water, Mr. Rawson expressed concern with the appearance of the site, lack of additional
right-of-way, and limited landscaping and screening.
Chair Long recessed the matter until 1:30 p.m. In response to Ms. Davis, the Board agreed to
excuse her from the hearing,and requested she make arrangements to have another staff member
attend the afternoon portion of the proceeding.
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Upon reconvening,Jim Bellean,surrounding property owner,stated he lives on the ridge above the
site and will be negatively impacted by the view. He stated Covenants create the need for RV
storage facilities; however, he does not want this type of use allowed in his back yard. He stated
he is a member of the City of Greeley Stormwater Board, and he has not heard any testimony
regarding containment of the cistern. Mr. Bellean questioned the number of restroom facilities
based on the number of people using the facility, and the proposal for stormwater runoff
containment with only a gravel parking base. There being no further comments, Chair Long closed
public testimony.
Mr. Markwardt stated he talked with the City of Greeley representative over the lunch hour and
clarified he will get cistern water from A and A Water, and as the owner, he feels this is the highest
and best use for him. He stated there is another RV storage facility one mile to the west that is
encompassed by residential homes,and growth is still anticipated in the area. He further stated the
development to the northeast will likely have Covenants that restrict RV and boat storage,and they
will need to be stored somewhere. Mr. Markwardt stated the Union Colony Fire Protection District
has reviewed and approved the submitted information,a Landscaping and Screening Plan will be
submitted,he intends to make the site aesthetically pleasing to minimize any impact on surrounding
properties, and the ditch is elevated approximately five to six feet above the rear of his property,
therefore, seepage into the ditch should not be a concern. He stated, other than the Greeley RV
Storage facility,there are no other RV storage facilities within the City of Greeley that offer dumping
services, rather, most RV owners dispose of their waste before returning them to storage.
Mr. Markwardt stated staff initially recommended denial;however,he has worked to address staffs
concerns. He referred to the feasibility study that was conducted for the property to the north,and
stated because the future use is uncertain,it would be difficult to determine what future uses will be
deemed as viable for the area. Responding to Chair Long, Mr. Markwardt stated the site will not
allow any waste dumping or vehicle maintenance, there will be a screened trash dumpster, and
since they live on the property,they will be able to control who is using the facility and what they do
while they are there. In response to Commissioner Garcia,Mr.Markwardt stated the Screening Plan
will consist of 400 feet of various types of trees and bushes along F Street, and they will use water
from the cistern to get the plants started. He further stated there will be a six-foot privacy fence to
screen the use from F Street, and he is working with staff to determine what other landscaping
features will be required. He stated there will be outside RV/boat storage,as well as a warehouse
storage facility. Ms. Hippely stated the plans show six 100-foot by 40-foot buildings with
approximately 210 storage units, and six rows of parking for a total of 215 parking spaces.
Mr. Markwardt stated he intends to phase in the improvements. Responding to Commissioner
Rademacher, Mr. Markwardt stated he did approach the City of Greeley; however, his property is
not eligible for annexation because they are lacking the one-sixth contiguity. He noted that even if
the property to the north is annexed, his property will still not meet the one-sixth contiguity
requirement. Ms. Hippely stated once 59th Avenue is annexed, the remaining area will be an
enclave,making it eligible for annexation. Mr.Barker corrected that annexation of right-of-way does
not create an enclave. Responding further to Commissioner Rademacher, Mr. Markwardt stated
he spoke with A and A Water at lunch and they verified they are a permitted water source. He stated
the storage surface will be gravel base, and runoff is required to be captured and released at a
5-year/100-year flood historic rate.
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HEARING CERTIFICATION - JUSTIN AND WENDY MARKWARDT (USR#1586)
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In response to Chair Long, Ms. Hippely reviewed the proposed changes to Conditions of Approval
#2.O.9 and#1.F, described in Exhibit I. Mr. Carroll stated F Street is currently classified as a local
paved road in the County system;however,the City of Greeley has it classified as a minor collector
road road and has requested 45 feet of right-of-way from the center of the road. Based on the
request of the City of Greeley, Mr. Carroll suggested modifying Condition of Approval #1.O.9 to
require 45 feet of right-of-way reservation from the center of F Street. Mr. Markwardt indicated his
house is only 35 feet from the existing edge of F Street; however, he will agree to the language
change. Ms. Hippley proposed creating a Non-Conforming Use for the residence. Ms. Hippely
stated Condition of Approval#2.F can be deleted since the cistern addresses the evidence of water.
Responding to Chair Long,Mr. Mardwardt stated he has reviewed,and concurs with,the Conditions
of Approval and Development Standards, as proposed and modified.
Commissioner Jerke stated he supports small business; however, he finds that compatibility is a
problem in this case with the subject location located below a bluff developed with residences and
projected future residential growth. He acknowledged the need for RV storage; however, he feels
the proposal is incompatible with the overall neighborhood.
Commissioner Masden stated the City of Greeley is growing and annexing in the area,and there is
the potential for the subject site becoming an enclave. He stated the area is primarily residential
development, and the proposed use would not be compatible and would obstruct view corridors.
Commissioner Rademacher stated he would like to support the applicant;however,he expressed
concern with incompatibility, lack of services,and uncertainty regarding the future use of the land
to the north.
Commissioner Garcia stated his concern relates to the density of the placement of RV's and
recreational items. He stated the screening will be along F Street; however, there was not much
mention of the screening along the back side of the property. He stated there is a need for this type
of use,especially considering the development proposed in the area which will likely have residents
looking for this type of service.
Chair Long stated he does not feel the use will be compatible with the surrounding area.
Com missioner Jerke moved to deny the request of Justin and Wendy Markwardt fora Site Specific
Development Plan and Use by Special Review Permit#1586 fora Use Permitted as a Use by Right,
Accessory Use,or Use by Special Review in the Commercial or Industrial Zone Districts(outdoor
storage of recreational vehicles, boats, trailers, and mini warehousing for personal/household
storage)in the A(Agricultural)Zone District, based on the recommendations of the Planning staff.
The motion was seconded by Commissioner Masden,and it carried unanimously. There being no
further discussion, the hearing was completed at 2:05 p.m.
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HEARING CERTIFICATION - JUSTIN AND WENDY MARKWARDT (USR#1586)
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This Certification was approved on the 7th day of May 2007.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WEL OUNTY, COLORADO
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ATTEST: Lie/'� �/ ;'?_i�' Its �� Ga C c`
b-vid.e. Long, Chair
Weld County Clerk to the Bidralistp._IIIIIIII
'n; ' —� ^' ,/ ,
1861 `� , i 6�� j .r BI'am Jer o-Tem
BY:
Deputy Clerk to the Boar. ' 11//7 1°\`t
`c— Willi F. Garcia
TAPE #2007-12 b ,1 u0
obert D. Masden
DOCKET#2007-30 O Q.COAlititok1Ae"-
ouglas demacher
2007-1040
PL1889
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1586 - JUSTIN AND WENDY MARKWARDT
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 01/02/2007,
02/06/2007, and 03/06/2007)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Memo re: Items Prior to Scheduling, dated
03/19/2007
F. Planning Staff Certification and Photo of sign posting
G. Health Staff Letter to Applicant re: Septic system, dated
04/24/2007
H. Noble Energy Letter of Support, dated 04/25/2007
Planning Staff Memo re: Changes to Conditions of
Approval, dated 04/27/2007
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