HomeMy WebLinkAbout20022923.tiff HEARING CERTIFICATION
DOCKET NO. 2002-85
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1401
FOR A USE PERMITTED AS A USE BY RIGHT IN THE INDUSTRIAL ZONE DISTRICT
(PORTABLE RESTROOM BUSINESS) IN THE A (AGRICULTURAL) ZONE DISTRICT -
RAYMOND AND DORTHULA LOHR
A public hearing was conducted on November 13, 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 - EXCUSED
Commissioner Robert D. Masden
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Lauren Light
Health Department representative, Char Davis
Public Works representative, Peter Schei
The following business was transacted:
I hereby certify that pursuant to a notice dated October 25, 2002, and duly published October 30,
2002, in the Tri-Town Farmer and Miner, a public hearing was conducted to consider the request
of Raymond and Dorthula Lohr for a Site Specific Development Plan and Use by Special Review
Permit #1401 for a use permitted as a Use by Right in the Industrial Zone District (portable
restroom business) in the A(Agricultural)Zone District. Lee Morrison, Assistant County Attorney,
made this a matter of record. Chair Vaad advised Dorthula Lohr, applicant,that she has the option
of continuing this matter to a date when the full board will be present. However, if she decides to
proceed today, it will require three affirmative votes, or in the case of a tie vote, Commissioner
Jerke will listen to the record and make the determining vote. Ms. Lohr indicated she would like
to proceed today.
Lauren Light, 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. She
stated the site is approximately 80 acres, and she gave a brief description of the location and
surrounding uses. Ms. Light stated staff has received several letters of concern from surrounding
property owners,and she added approval of this permit will resolve a zoning violation regarding this
use which already exists. She stated the applicant provides portable restrooms for local farms,
construction sites, and special events. She explained all waste from the units will be hauled and
dumped at the City of Greeley Waste Treatment plant. Ms. Light stated the applicant is proposing
to locate a temporary mobile office on the site, and they currently have two trucks and three
employees. She stated several surrounding property owners have expressed concerns regarding
the view,lowering of property values,traffic,and rezoning an agricultural property to industrial. She
stated the Development Standards require the applicant to screen all outdoor equipment and
prevent human waste from being stored on the site. The Development Standards also stipulate
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HEARING CERTIFICATION - RAYMOND AND DORTHULA LOHR (USR#1401)
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this Use by Special Review Permit cannot transfer to future owners of the property. Trucks and
employees will be limited to four, and once the use ends,the temporary office must be repermitted
or removed within 30 days. Ms. Light clarified this request is not to rezone the site; however, the
Department of Planning Services is requesting the applicant remove the 3,000 square-foot building
from the proposal. She explained if the business grows or expands, the use will need to be
relocated to an appropriately zoned parcel. She further stated staff also recommends the house
be included in the boundary for the Use by Special Review to allow employees to use the restroom
facilities. Ms. Light stated the North Weld County Water District is not requiring a commercial water
tap, and Development Standard #39 indicates the existing well cannot be used for a commercial
use. Ms. Light also referenced a letter from Kerr-McGee Rocky Mountain Corporation, which
indicates they have no opposition to this proposal. She stated six referral agencies responded with
comments which have been incorporated into the Conditions of Approval and Development
Standards, and four agencies did not respond. She displayed various photographs of the
surrounding area and the site. In response to Chair Vaad, Ms. Light reiterated this request is not
for a Change of Zone. She explained the County Code allows the proposed use as a Use by Right
in the Industrial Zone District, which can be permitted as a Use by Special Review in the
Agricultural Zone District. Responding to Commissioner Geile, Char Davis, Department of Public
Health and Environment, reiterated the applicant uses a truck to pump sewage from the units, and
then hauls the waste to the Greeley Waste Water Treatment Facility. In response to Commissioner
Masden, Ms. Davis stated the truck must return to the site empty.
Ms. Lohr stated she represents Lohr, Inc., dba Country Johns. She stated the business was
started to supplement their farming income. She explained this is a family business, with two of
their children working as employees. Ms. Lohr stated they service, pump and clean the units, and
the customers rarely come to the site. She further stated the units are stored on site when they
aren't being rented, and they typically have more during the winter, and redistribute them during
the spring. Ms. Lohr stated they also store the chemicals and trucks at the site, and they are willing
to screen the outdoor storage as requested by staff. She further stated they are no longer pursuing
the 3,000 square-foot shed, and if business expands they will relocate to a new site. Ms. Light
stated Condition of Approval #1.A.10 indicates the shed will be removed from the plat.
Neal Dvorak, surrounding property owner and president of Lindies Lake Subdivision, stated his
primary concern is that this use will set a precedent for similar types of uses that will be closer to
the homes in Lindies Lake Subdivision. He also questioned what the cistern tanks are used for.
Gerald Roth, surrounding property owner, stated he has no major concerns if this remains an
agriculturally zoned property and the use is limited to this site. He mentioned there is an irrigation
ditch running through the property and he requested assurance that this proposal will not interfere
with ditch operations. There being no further comments, Chair Vaad closed public testimony.
Ms. Lohr stated during the winter, the units are filled with magnesium chloride and water to keep
them from freezing. She stated no waste is stored in the cisterns, and the operation will not
interfere with the ditch operations because they also intend to continue farming. Responding to
Chair Vaad, Ms. Lohr stated she has reviewed and agrees with the Conditions of Approval and
Development Standards as proposed.
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Commissioner Long stated he understands the concerns of Lindies Lake Subdivision residents;
however, the Board tries to provide opportunities for farmers to make a profit from their property,
and this permit will mitigate the neighbors' concerns.
Commissioner Long moved to approve the request of Raymond and Dorthula Lohr for a Site
Specific Development Plan and Use by Special Review Permit#1401 for a use permitted as a Use
by Right in the Industrial Zone District (portable restroom business) 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. The motion
was seconded by Commissioner Masden. Chair Vaad commented the proposed use supports
agricultural uses, and any negative impacts in this case will be mitigated through the Conditions
of Approval and Development Standards, with the option of revocation. There being no further
discussion, the hearing was completed at 10:30 a.m.
This Certification was approved on the 18th day of November 2002.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, OLORADO
ATTEST: iate, 'l�e\ 4
n Vaad, Chai
Weld County Clerk tot ;B,. it t;ice =i 1 ,
David E. L. g Pro-
Deputy Clerk to the B.�1 N
. . eile
TAPE #2002-37 EXCUSED
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DOCKET#2002-85 ,
Ro ert . Masden
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EXHIBIT INVENTORY CONTROL SHEET
Case USR#1401 - RAYMOND AND DORTHULA LOHR
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 10/15/2002)
D. Clerk to the Board Notice of Hearing
E. Gerald Roth Letter of Concern (10/30/2002)
F. Planning Staff Photo of sign posted on site
G. Gorsuch Kirgis, LLC Letter re: Mineral Leasehold Interests -
Kee-McGee Rocky Mountain Corporation
(11/12/2002)
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