HomeMy WebLinkAbout20021451.tiff HEARING CERTIFICATION
DOCKET NO. 2002-45
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1385
FOR A USE BY RIGHT,AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE
COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS(SLIDE IN TRUCK CAMPER SALES,
INDOOR STORAGE OF SLIDE IN TRUCK CAMPER PARTS, RECREATIONAL VEHICLE
(RV)SERVICE AND REPAIR,NOT INCLUDING CHASSIS OR ENGINE REPAIR,SALE OF
RV PARTS AND ACCESSORIES,EMBROIDERY/SEWING OF SLIDE IN TRUCK CAMPER
CUSHIONS, HATS AND JACKETS, AND SALES OF HATS AND JACKETS) IN THE A
(AGRICULTURAL) ZONE DISTRICT -WILLIAM WARD
A public hearing was conducted on June 26, 2002, at 10:00 a.m., with the following present:
Commissioner Glenn Vaad, Chair
Commissioner David D. Long, Pro-Tern
Commissioner M. J. Geile
Commissioner William H. Jerke
Commissioner Robert D. Masden
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Chris Gathman
Health Department representative, Char Davis
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated June 7, 2002, and duly published June 12, 2002,
in the Tri-Town Farmer and Miner and the Greeley Tribune, a public hearing was conducted to
consider the request of William Ward for a Site Specific Development Plan and Use by Special
Review Permit #1385 for a Use by Right, an Accessory Use, or a Use by Special Review in the
Commercial or Industrial Zone Districts(slide in truck camper sales, indoor storage of slide in truck
camper parts, Recreational Vehicle(RV)service and repair, not including chassis or engine repair,
sale of RV parts and accessories, embroidery/sewing of slide in truck camper cushions, hats and
jackets,and sales of hats and jackets)in the A(Agricultural)Zone District. Lee Morrison,Assistant
County Attorney, made this a matter of record. Chair Pro-Tem Long advised William.Ward,
applicant, that he has the option of continuing this matter to a date when the full board will be
present. However, if he decides to proceed today, it will require three affirmative votes, or in the
case of a tie vote, Commissioner Vaad will listen to the record and make the determining vote. Mr.
Ward indicated he would like to proceed today.
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. Mr.
Gathman stated this is a pending Zoning Violation, and if approved the Violation will be closed. He
gave a brief description of the location of the site and surrounding uses. He stated 14 referral
agencies reviewed this proposal, and nine responded favorably or suggested Conditions of
Approval. Mr. Gathman stated the applicant has an existing commercial well permit for drinking
2002-1451
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HEARING CERTIFICATION - WILLIAM WARD (USR #1385)
PAGE 2
and sanitary facilities only; no outside watering is allowed under the permit. He stated the applicant
has hired a consultant to obtain a water augmentation plan to allow outside watering from the well
for landscaping. While the plan is under review, the applicant will transport water by truck from the
Fort Lupton Public Works Department to water the landscaping. He further stated the applicant
originally requested a sign measuring 8 feet by 15 feet,for a total of 120 square feet; however, the
Weld County Code specifies the sign shall not exceed 36 square feet, and that restriction has been
included in the Development Standards. Mr. Gathman stated the Colorado Department of
Transportation (CDOT) indicated the location of the sign is acceptable as long as it does not
encroach on the right-of-way for Highway 85 and is internally illuminated.
In response to Commissioner Jerke, Mr. Gathman clarified the sign for this hearing was posted on
June 14, 2002. Responding to Commissioner Geile, Mr. Gathman stated the title for this Use by
Special Review Permit is very specific to ensure clarity regarding the violation and what uses will,
or will not be allowed. Mr. Morrison stated the specific language was also included in the notice
for this hearing. Commissioner Jerke commented it makes sense to clarify that mechanical work
will not be allowed under this permit; however, he is concerned with the detailed language possibly
restricting slight expansions of the use. Mr. Morrison stated any changes will need to be reviewed
by staff to determine whether there is a substantial change. Commissioner Jerke commented he
wants to ensure in the motion that the Board's intent is clear for a broad allowance beyond the
specific language included in the notice and Resolution.
Don Carroll, Department of Public Works, stated the site will be accessed from Weld County Road
25.5,which is a local gravel road. He stated the applicant has indicated there will be no new onsite
structures, traffic consists of light-duty pickups and passenger vehicles, there is an existing
concrete driveway, and drainage is in place. Mr. Carroll stated CDOT requested the access on
Highway 85 be closed, which the applicant has done with a fence. In response to Commissioner
Jerke, Mr. Carroll stated closing an access with a fence was sufficient to meet CDOT's request.
William Ward, applicant, stated he intends to repair campers and sell hats and jackets. He stated
the activities will not be an environmental issue, and he intentionally excluded engine repair from
the request to ensure he did not have to deal with any environmental issues. Commissioner Geile
directed staff to provide more broad descriptions of future land use matters. He stated the specifics
can be dealt with in the Conditions of Approval and Development Standards. Responding to
Commissioners Geile and Jerke, Mr. Ward stated he is not opposed to the restrictive language or
to legally abandoning his access to Highway 85. He stated there may be an occasion where he
may need to access through the fence to mow along the ditch adjacent to Highway 85; however,
he does not intend to use it as an access. Mr. Ward further stated the old access is landscaped
with trees, rocks, and fencing, so it does not appear as an access anymore.
No public testimony was offered concerning this matter. Responding to Chair Pro-Tem Long, Mr.
Ward stated he has reviewed and agrees with the Conditions of Approval and Development
Standards as proposed and amended. Mr. Gathman suggested inserting a new Development
Standard #9 to state, "There shall be no direct access onto State Highway 85." Commissioner
Geile commented because in this case the issue was advertised as shown on the Resolution, he
would prefer to leave the language in this instance, but he give direction to staff to avoid such
specific language in future cases.
2002-1451
PL1608
HEARING CERTIFICATION - WILLIAM WARD (USR#1385)
PAGE 3
Commissioner Jerke moved to approve the request of William Ward for a Site Specific
Development Plan and Use by Special Review Permit#1385 for a Use by Right,an Accessory Use,
or a Use by Special Review in the Commercial or Industrial Zone Districts (slide in truck camper
sales, indoor storage of slide in truck camper parts, Recreational Vehicle (RV) service and repair,
not including chassis or engine repair, sale of RV parts and accessories, embroidery/sewing of
slide in truck camper cushions, hats and jackets, and sales of hats and jackets) in the A
(Agricultural)Zone District, based on the recommendations of the Planning staff and the Planning
Commission, with the Conditions of Approval and Development Standards as entered into the
record. His motion also included adding a new Development Standard#9 to state, "There shall be
no direct access onto State Highway 85," and to renumber as appropriate. The motion was
seconded by Commissioner Masden, and it carried unanimously. There being no further
discussion, the hearing was completed at 10:30 a.m.
This Certification was approved on the 1st day of July 2002.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: i/�N 1 QD / Ill S% EXCUSED
lleca Gle'TjLaad, Chair
Weld County Clerk to th :o tit 1
David E. Lo Pro-Tem
BY: ft,. •
Deputy Clerk to the S* ,, r .
!\ M. J. Geile
TAPE #2002-20 -, J
William H. Jerke
DOCKET #2002-45 EXCUSED DATE OF APPROVAL
Robert D. Masden
2002-1451
PL1608
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1385 -WILLIAM WARD
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Item Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 05/21/2002)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Letter re: Plan for irrigation of landscaping
(05/14/2002)
F. Planning Staff Referral from CDOT (06/07/2002)
G. Planning Staff Photo of sign posted on site
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