HomeMy WebLinkAbout20021990.tiff HEARING CERTIFICATION
DOCKET NO. 2002-59
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1371
FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY
SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(STORAGE UNITS)IN THE A(AGRICULTURAL)ZONE DISTRICT-BENNIE RODRIGUEZ
A public hearing was conducted on August 14, 2002, at 10:00 a.m., with the following present:
Commissioner Glenn Vaad, Chair
Commissioner David D. Long, Pro-Tem
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, Sheri Lockman
Health Department representative, Char Davis
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated July 26, 2002, and duly published July 31, 2002, in
the Tri-Town Farmer and Miner and the Greeley Tribune, a public hearing was conducted to
consider the request of Bennie Rodriguez for a Site Specific Development Plan and Use by Special
Review Permit #1371 for a Use Permitted as a Use by Right, an Accessory Use, or a Use by
Special Review in the Commercial or Industrial Zone Districts(storage units) in the A(Agricultural)
Zone District. Lee Morrison, Assistant County Attorney, made this a matter of record. Sheri
Lockman, 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. Ms.
Lockman gave a brief description of the location of the site and the surrounding uses. She stated
ten referral agencies reviewed this proposal, nine indicated no conflicts with their interests,and the
Milliken Fire Protection District responded expressing concerns in Exhibit H. She proposed
Condition of Approval#1.H be added to state, "The applicant shall submit evidence of approval for
the site plan and water supply from the Milliken Fire Protection District." Ms. Lockman stated this
proposal is within the Intergovernmental Agreement area for the City of Evans, which is
recommending denial, and she also received six letters of opposition from surrounding property
owners. She stated the applicant is requesting a single three-foot by five-foot sign with indirect
lighting. She further stated Condition of Approval#1.D.5 requires the applicant to share an access
with the adjacent lot,which is also owned by the applicant; however,the applicant is requesting this
Condition be deleted. She explained the City of Evans does have jurisdiction over Weld County
Road 52 (49th Street) at this location. In response to Commissioner Geile, Ms. Lockman stated
the City of Evans indicated this area is designated as residential and does not feel the proposed
use would be compatible. Commissioner Jerke expressed concern with the late submittal of the
Milliken Fire Protection District and the new language giving them veto power. Ms. Lockman stated
she is not sure why the referral response from the Milliken Fire Protection District was late;
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HEARING CERTIFICATION - BENNIE RODRIGUEZ (USR #1371)
PAGE 2
however, she did call the District following the 21-day referral period, and they did not contact her
until last week. She further stated the Milliken Fire Protection District does have the authority to
place certain requirements on the applicants and provide enforcement. Ms. Lockman stated the
Planning Commission did not have an opportunity to review this information. Responding to Chair
Vaad, Ms. Lockman stated staff recommended denial on this application based on the response
from Evans, which does have an Intergovernmental Agreement with the County; however, the
Planning Commission did vote to approve the proposal but did not give specific reasons why. Chair
Vaad commented he understands the concerns of the City of Evans; however, they have not
pursued annexation of these properties, which leaves the decision to the discretion of the Board.
Peter Schei, Department of Public Works, stated staff is recommending that this lot, and the lot to
be considered under Use by Special Review Permit #1372, share one access; however, the
applicant is requesting two separate accesses. He stated the City of Evans is in control of the
accesses on Weld County Road 52, and he is not certain what Evans has determined regarding
the applicant's request. Chair Vaad stated the Board's comments on the access issue do not apply
if the issue is not under their jurisdiction. Responding to Commissioner Jerke, Mr. Schei stated the
access for this application would line up with Yellowstone Drive in Hill-N-Park. He also expressed
concern with fencing the property which may restrict turning movements. Commissioner Jerke
commented the Milliken Fire Protection District substation is located less than 100 yards away from
the proposed site.
Andy Jones,Attorney, represented the applicant and displayed a Power Point presentation, copies
of which are marked Exhibit M. He stated the applicant is proposing small storage units where
people can store their personal items, and no hazardous materials will be allowed. In response to
Chair Vaad, Mr. Jones concurred that the access is under the jurisdiction of the City of Evans. He
requested the Board not prohibit dual accesses, but consent to two accesses contingent upon
Evans'decision. Chair Vaad suggested adding a Condition of Approval or Development Standard
requiring the applicant to submit evidence of an access agreement with the City of Evans and
indicate its location on the plat.
Commissioner Jerke commented if dual accesses are not granted,the applicant will need to create
access easements in the event one of the lots is sold, so access is not prohibited to either lot. Mr.
Jones stated there is a retention area on the property and Kris Pickett has been hired to review the
engineering aspects. Responding to Commissioner Geile, Ms. Lockman stated this was referred
to the City of Evans for annexation and was denied for any development.
Carol Applegarth, surrounding property owner, stated she owns two properties to the east and she
supports this proposal. Ms. Applegarth stated this type of use will be needed once several new
developments are completed in the area.
Jane Carlson,surrounding property owner and President of Carlson Oil and Gas, stated they have
reached an agreement with the applicant to access the oil well on the property. She stated the
applicant maintains his property and she does not oppose the proposal as long as it does not
interfere with the oil and gas operations of Carlson Oil and Gas.
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HEARING CERTIFICATION - BENNIE RODRIGUEZ (USR#1371)
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In response to Chair Vaad, Mr. Jones stated he and the applicant have reviewed and agree with
the Conditions of Approval and Development Standards. However, he did express concern with
Condition #1.H because the language implies the Milliken Fire Protection District will have veto
power if they refuse to approve the applicant's plans. He suggested the language be modified to
state, "The applicant shall submit evidence of reasonable and sufficient access for fire protection
apparatus and of adequate water supply for fire protection purposes." He stated this will require
the applicant to make an effort rather than putting them at the mercy of the Fire Protection District.
Upon review, Mr. Morrison indicated no conflict with the proposed language. Commissioner Jerke
moved to add Condition of Approval #1.H as proposed by the applicant. Commissioner Long
seconded the motion, which carried unanimously.
Commissioner Geile commented Condition #2.E addresses the jurisdiction of the City of Evans.
Mr. Jones stated he acknowledges that this roadway and the access permits are under the
jurisdiction of the City of Evans; however, his primary concern is with Condition #1.D.5 requiring
a shared access rather than leaving that determination to Evans. Ms. Lockman proposed the
language be modified to state, "An access point, as approved by the City of Evans, shall be
delineated on the plat." Commissioner Jerke suggested the Condition also specify that the
applicant will grant the proper easements to afford driving between Lots A and B. Mr. Jones
concurred with the modifications as discussed.
Chair Vaad stated if approved, the Board needs to find that the application is compatible with
surrounding land uses in the area, and that the proposed Conditions and Development Standards
will adequately mitigate any incompatibilities. Ms. Lockman suggested Condition#1.D.5 be further
modified to state, "An access, as approved by the City of Evans, along with the appropriate
easements." She stated that condition will be required to be delineated on the plat prior to
recording.
Commissioner Jerke moved to approve the request of Bennie Rodriguez for a Site Specific
Development Plan and Use by Special Review Permit #1371 for a Use Permitted as a Use by
Right,an Accessory Use,or a Use by Special Review in the Commercial or Industrial Zone Districts
(storage units) in the A (Agricultural)Zone District, based on the recommendation of the Planning
Commission, and the finding that the application is compatible with surrounding land uses in the
area,and that the Conditions of Approval and Development Standards will adequately mitigate any
incompatibilities as required by Section 19-6-50.C.7 of the Weld County Code. His motion also
included amending Condition#1.D.5 to state,"An access, as approved by the City of Evans,along
with the appropriate easements,"add Condition#1.H to state,"The applicant shall submit evidence
of reasonable and sufficient access for fire protection apparatus and of adequate water supply for
fire protection purposes." The motion was seconded by Commissioner Masden. Commissioner
Jerke commented this property is very well maintained with a nice home, and appreciates the
applicant's ambitions. He stated he feels the Board did consider the concerns expressed and that
they will be mitigated and addressed. There being no further discussion, the motion carried
unanimously, and the hearing was completed at 1:20 p.m.
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PL1619
HEARING CERTIFICATION - BENNIE RODRIGUEZ (USR#1371)
PAGE 4
This Certification was approved on the 19th day of August 2002.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CpLORA O
ATTEST: guAll / r�� '-v' �,a
•
Gle aad, Chair
Weld County Clerk to tY �.. ; =,
AW
David E. Long, _-Tern
BY: ,_, Ili% • �1���•.;�� .�
Deputy Clerk to the
M. J. Geile
TAPE #2002-27
Iliam H. Jerk
DOCKET#2002-59
Robert D. Masden
2002-1990
PL1619
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1371 - BENNIE RODRIGUEZ
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 05/07/2002)
D. Clerk to the Board Notice of Hearing
E. Lind, Lawrence, and Ottenhoff, LLP Letter re: Agreement with applicant
(05/09/2002)
F. Lind, Lawrence, and Ottenhoff, LLP Letter re: Signage Plan (07/02/2002)
G. Andy Jones, Lind, Lawrence,
and Ottenhoff, LLP Notes (08/14/2002)
H. Milliken Fire Protection District Referral Response (08/19/2002)
Andy Jones, Lind, Lawrence,
and Ottenhoff, LLP Letter re: Sign plan (08/07/2002)
J. Andy Jones, Lind, Lawrence,
and Ottenhoff, LLP Letter to Public Works (07/25/2002)
K. Andy Jones, Lind, Lawrence,
and Ottenhoff, LLP Letter to City of Evans (07/19/2002)
L. Planning Staff Certification of sign posting
M. Andy Jones, Lind, Lawrence,
and Ottenhoff, LLP Power Point Presentation
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