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Home My WebLink About20053331.tiff HEARING CERTIFICATION DOCKET NO. 2005-87 RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1497 FOR A BUSINESS PERMITTED AS A USE BY RIGHT OR AN ACCESSORY USE IN THE COMMERCIAL ZONE DISTRICT (LANDSCAPE MATERIALS YARD) IN THE A(AGRICULTURAL) ZONE DISTRICT - CLEMENT MCNANEY III A public hearing was conducted on December 7, 2005, at 10:00 a.m., with the following present: Commissioner William H. Jerke, Chair Commissioner M. J. Geile, Pro-Tern Commissioner David E. Long Commissioner Robert D. Masden Commissioner Glenn Vaad Also present: Acting Clerk to the Board, Esther Gesick Assistant County Attorney, Lee Morrison Planning Department representative, Jacqueline Hatch Health Department representative, Char Davis Public Works representative, Donald Carroll The following business was transacted: I hereby certify that pursuant to a notice dated November 18, 2005, and duly published November 23, 2005, in the Fort Lupton Press, a public hearing was conducted to consider the request of Clement McNaney III for a Site Specific Development Plan and Use by Special Review Permit#1497 for a Business Permitted as a Use by Right or an Accessory Use in the Commercial Zone District(landscape materials yard)in the A(Agricultural)Zone District. Lee Morrison,Assistant County Attorney,made this a matter of record. Jacqueline Hatch, 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 and surrounding land uses. Ms. Hatch stated eleven referral agencies reviewed the proposal, one indicated no comment, nine responded favorably or provided comments that have been addressed in the Conditions of Approval and Development Standards,and staff received no correspondence from the Town of Severance or surrounding property owners. She stated the Town of Windsor recommends denial, since the site has approximately 50 percent contiguity with the municipal boundary and should be petitioned for annexation. She stated the applicant has signed a Letter of Intent indicating they will work with the developer of the Eastbrook Subdivision to the east,to provide a single access point for both properties. Ms.Hatch stated Condition of Approval#1.M.5 requires a future connection to the Eastbrook Subdivision,since the direct access to State Highway 392 may be removed or restricted by the Colorado Department of Transportation(COOT)in the future. She stated the Town of Windsor has conducted a study of the Law Ditch, and has determined the site is almost entirely within the floodway. She stated, according to the FEMA maps, the site is not in the floodplain or floodway;however,the Town of Windsor has submitted a Conditional Letter of Map Revision(CLMR),and until the CLMR is accepted,Weld County recognizes the current maps. She further the Town of Windsor indicates the site is not being planned in the spirit of the Windsor/Severance Intergovernmental Agreement (IGA) Cooperative Planning Area and 2005-3331 (7' , i- (O / , PL1802 HEARING CERTIFICATION - CLEMENT MCNANEY III (USR#1497) PAGE 2 Development Plan,which will compromise the entry gateways into the municipalities. Responding to Chair Jerke, Ms. Hatch stated she has seen a copy of the CLMR submitted to FEMA; however, it has not yet been accepted,and the ditch is not visible from the site. In response to Commissioner Geile, Ms.Hatch stated the current FEMA maps do not reflect this area in the floodplain or floodway. Char Davis, Department of Public Health and Environment,stated the site is serviced by the North Weld County Water District, and, since the house is proposed to be used for an office, staff is requiring an engineered evaluation of the existing septic system. She stated the proposed modular will be required to have a separate septic system. Responding to Chair Jerke, Ms. Davis stated each structure will also require a separate water tap. Donald Carroll, Department of Public Works, stated the western edge of the existing FEMA floodplain is approximately 350 feet from the property line. Mr. Carroll stated the Colorado Department of Transportation(CDOT)will allow a temporary access from State Highway 392 at the center of the property until the Eastbrook Subdivision access is established and connected to the subject site on the east. John Vasquez,JCB Engineering, LLC,represented the applicant and stated if the modular building is located within 200 feet of the home they would be allowed to share the existing utilities. He stated the Department of Planning Services requested removal of the modular from this application and permitted separately;however,the applicant feels it is more feasible to relocate the modular in close proximity to the house to be used in connection with the business. He stated the Law Ditch is a lateral ditch extending from the Greeley#2 Ditch under State Highway 392 and into the Kodak property. He explained the major dredging project on the Windsor Lake increased the water storage capacity,and FEMA required a Letter of Map Revision showing the intent of the improvements. He stated the CLOMR, or plan, has been approved by FEMA; however, the Letter of Mater Revision (LOMR), or completion of the work, has not. Mr. Vasquez stated the flood study has been questioned by the community,since it encompasses a 35-square-mile area. He explained the study indicates the area drains from the north; however, County staff directed the applicant to proceed using the currently recognized maps. He stated the modular is intended for a storage area and a place for an attendant to meet with landscapers. He indicated the properties owned by Eastbrook Investments, LLC,and stated the southern portion will be developed in accordance with the Town of Windsor. He further stated the surrounding property owners are aware of this proposal and have requested the applicant ensure the site is not an eyesore. He stated they intend to have a nice facility;however,some of the initial requirements are financially difficult,therefore,he requested they be allowed to begin operations and improve the site as the business grows. Responding to Commissioner Geile, Mr.Vasquez stated the Windsor annexation process is very thorough,and, since this is a simple project,the applicant felt it would be more expeditious to proceed through the County. He stated the annexation process would have been complicated by the requirement for public sewer and access. He further stated the applicant has entered into an agreement to consolidate the access through the Eastbrook Subdivision once it is platted. He stated CDOT requested the original access be relocated from the southeast corner of the site to the center,and the applicant has complied. Mr.Vasquez requested the Eastbrook access be a secondary access until CDOT mandates the State Highway 392 access must be closed. Responding to Commissioner Geile, Mr. Vasquez stated there is an adjudicated domestic well which was abandoned for domestic use,and the house has a tap from the North Weld County Water District. Responding to Chair Jerke, Mr.Vasquez stated the applicant did not attempt to annex to the Town 2005-3331 PL1802 HEARING CERTIFICATION - CLEMENT MCNANEY III (USR#1497) PAGE 3 of Windsor due to the potential delay in waiting for a determination from FEMA regarding the Law Drainage Study. He further stated the property to the east is currently in agricultural production,and is proposed to be neighborhood-residential. Joe Plummer, Director of Windsor Planning Department, stated the outdoor storage area has not been reviewed by the Town of Windsor. He explained, due to construction activity in the area,the Town of Windsor undertook a Master Drainage Study in 2002. He stated development north of State Highway 392 did change some of the drainage patterns in the area, which may impact this development. Mr. Plummer stated the Drainage Study has not been adopted by FEMA or Weld County;however,the development does lie within an area which may be put in jeopardy by waters coming through the area. He stated on two occasions the Windsor Planning Commission recommended this request be denied and referred to the Town of Windsor for annexation. Responding to Commissioner Geile, Mr. Plummer stated the area to the east is platted as commercial and will be reviewed with the potential floodplain impacts in mind. Responding to Commissioner Vaad, Mr. Plummer stated one-eighth of a mile, adjacent to State Highway 392, between Weld County Roads 19 and 23, is slated for general commercial development, and the next one-eighth of a mile is slated for light industrial/commercial development. He explained structures in the floodplain can be floodproofed; however,the Drainage Study shows a majority of the site is in the floodway, which does not allow building. Richard Huwa,surrounding property owner,stated he is not opposed to the proposal;however,he expressed concern with weed control. He stated the applicant has already stripped pasture grasses from the site and surfaced the area with gravel. He requested the applicant be required to control the weeds until the landscaping activity starts, and construct a fence to buffer views and prevent blowing of debris and dust. Mr. Huwa stated there are other types of structures which are better suited for the storage use and would be more characteristic to the area. He also quested why water and sewer are required for a storage structure. There being no further comments, Chair Jerke closed public testimony. Mr.Vasquez stated the improvements done at the Windsor Lake have mitigated the flow from the west;however, until the floodway issue is determined by FEMA,the applicant would like to place a modular in case the property is not insurable. He stated if Windsor's Drainage Study is accepted, there are four residences that will be in the floodway and unable to rebuild if damaged or destroyed. He further stated the applicant plans to have one full-time employee stationed in the modular to monitor the inventory and work with the public that comes in,and if the structures are close enough, that employee can use the utilities in the primary office. He stated no business has been conducted at the site; however,a violation was initiated when the applicant started doing grading work on the site without appropriate permits. He stated, if approved, the applicant will bring the landscaping materials onto the site, do weed control and general improvements as required by the Permit. In response to Chair Jerke, Ms. Hatch stated natural screening is proposed on the west property line. Responding to Commissioner Geile,Clement McNaney,applicant,stated he purchased the property from the Henry Haas Estate personal representative. In response to Chair Jerke, Mr. Vasquez stated he and the applicant have reviewed and agree with the Conditions of Approval and Development Standards;however,he requested Condition of Approval#1.M.5 be modified to state the direct access will be allowed to remain until determined otherwise by CDOT. Chair Jerke 2005-3331 PL1802 HEARING CERTIFICATION - CLEMENT MCNANEY III (USR#1497) PAGE 4 commented access to State Highway392 is under the jurisdiction of CDOT and cannot be modified by Weld County. Responding to Commissioner Vaad,Ms.Hatch displayed a vicinity map indicating the municipal boundary of the Town of Windsor. Commissioner Vaad stated despite the written testimony from the Planning Commission and the existing documents which state the site is not in the floodplain, he feels the Board should take best available information. He stated the site is almost surrounded by property annexed to the Town of Windsor,which has plans regarding development along State Highway 392. He stated he does not feel delaying this project will take anything from the property owner in the long term,since he may still develop at a later time once FEMA has made a determination on the Drainage Study. He further stated an annexation agreement could have addressed many of the issues that have been discussed; however,the Town of Windsor has also expressed opposition to another landscaping operation within its planning area, therefore, he does not support this request. Commissioner Masden stated the Windsor Drainage Study has not been adopted and he feels the Board should make its findings based on what is in place,therefore, he supports this application. Commissioner Geile concurred with Commissioner Vaad, and stated although an annexation agreement would have been difficult to complete since it is conditional upon acceptance of the Windsor Drainage Study,he still has concern with the continuance of enclaves and the potential for the creation of a floodway in this area. Commissioner Long stated he supports the proposal since the Town of Windsor has designated the adjacent property for commercial development. He stated there are not enough definitive answers regarding the floodway issue, and the final output of the Windsor Lake has not been reviewed. Chair Jerke stated he supports the request because the Town of Windsor has annexed the property to the east,zoned the area for commercial use, and appears to believe the area will be developed in the future. He stated a landscape storage yard will require very few structural improvements,and the site can easily be altered in the future,if necessary. He further stated this seems to be a light usage which should not be required to wait on a determination regarding the Windsor Drainage Study. Commissioner Long moved to approve the request of Clement McNaney III for a Site Specific Development Plan and Use by Special Review Permit#1497 for a Business Permitted as a Use by Right or an Accessory Use in the Commercial Zone District (landscape materials yard) 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. Upon a call for the vote,the motion carried three to two, with Commissioners Vaad and Geile opposed There being no further discussion, the hearing was completed at 12:10 p.m. 2005-3331 PL1802 HEARING CERTIFICATION - CLEMENT MCNANEY III (USR#1497) PAGE 5 This Certification was approved on the 12th day of December 2005. APPROVED: E llsa BOARD OF COUNTY COMMISSIONERS ELD COUNTY, COLORADO ATTEST: jj/41 , i', y �r illiam H. J- e, Chair Weld County Clerk to the =. - y ;� ti —F. bLl, 1 i 11Ud JFile, ' o- em BY: a D uty CI k to the Boa'd id E. Long TAPE #2005-46 WO , Robert D. Masi el DOCKET#2005-87 _P 4 Gler n Vaadad 2005-3331 PL1802 EXHIBIT INVENTORY CONTROL SHEET Case USR#1497 - CLEMENT MCNANEY III, CIO JCB ENGINEERING, LLC 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 06/07/2005) D. Clerk to the Board Notice of Hearing E. Planning Staff Letter re: Noncompliance with Weld County Code dated 07/25/2005 F. Planning Staff Letter re: Zoning Violation Notice dated 08/23/2005 G. Town of Windsor E-mail from Planning re: Require Notification of Hearing when Scheduled, dated 08/22/2005 H. Planning Staff Memo indicating Conditions Prior to Scheduling have been met, dated 10/12/2005 Planning Staff Certification and Photo of sign posting J. K. L. M. N. O. P. Q. R. S. T. ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 7TH DAY OF DECEMBER, 2005: DOCKET#2005-89 - MBM ENTERPRISES, LLC DOCKET#2005-87 -CLEMENT MCNANEY III DOCKET#2005-90 -ALBERTO LOYA PLEASE legibly write or print your name and complete address. NAME ADDRESS John Doe 123 Nowhere Street, City, State, Zip /lucK 6 L VC/ E/u /‘/Z 6- I 4:A s /-1,77772/27- r c,- 6o , 6 Ys 6c r / 1%o -c /6;/ i gal'h fey CA /R1s /(��/P eo - /107745 /al A/ C444,4-7'/4ve / N(s 005r7 LEEilltb /7091,4 VW/ 3 vbckit cN PLA-9-4- t//f ` t7 fp 6, C/ g8k5OA2 )gig �� ,�� ( 9 c 43y ass) 11505 L. Id G M #3'1 FI L.up{,4. Co S062.r CE/cALb SA_S 1,) C I\ 3 7 PT_ 6 G a l Sin/ /yvrn2,sow .2ks-j1T1 /eve cr— G1 ieyr c6 ,75 51 , Wtk\es n � cho►s 1 no OCR 90 A (id son / Po >i9n4p `/ i 02 lchk(c ¢k oL5 � . er � l4go LOCI �d H0d 4rm / Oa k'bcey2 .7/9ync kgeTZei .2/ 9%0 r,,/c/P 22 Nwe/sontj co . f4bv2 pe1-m It. 1141 t k i 40 ii) /( y3 iiKd <a G Ro6c-2 s/4mn set 114 q / W d- t 3 R 1,14,0 s 6/1 , , es ya /In, f 1 l R qo /A) g , n v—{- . lt-p-'m ILO /a 1 MariVoroco II ?7Q WeN 37 ft I ktion (0 &O GeoYq I) Ada✓etc- 9$/l � � c,R b3 9 FT. I va1`a , / Qb 30 6 - o and ulie-g Ito f PccleAki LAkrc ron.cc e,unf l91 ,3 iwncin CU 'os to ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS/TH DAY OF DECEMBER, 2005: DOCKET#2005-89- MBM ENTERPRISES, LLC DOCKET#2005-87 - CLEMENT MCNANEY III DOCKET#2005-90 -ALBERTO LOYA PLEASE legibly write or print your name and complete address. NAME ADDRESS John Doe —rr� 123 Nowhere Street, City, State, Zip ese ` Mey f 7 ?an 0(M G(f!/Ia�So/' Lj'dJ $6-So ,Ascr�cr _ ..•--- /rv3-3 Li,4,' as I/ 17741 , (�- 84)2 I LI9) lb ce, 1 eLI53 2.2 P- AA4')ioN 0u , RSD02 / �YPn S-Alai s 24 ryrh ryo BAy 6'4-5 rd?c, cRJnes Ads 13"7v1 CR 3S f) c /)k et) cr..)hs-I MP� of : --77l 7 et CO -g7 / /- L v fl/04/ Fpit Coxy„on+ 'TMaS-74) 350 `Toys' rKF Ler 5)0.;--0 I / wrinutee1Oe co )1<c?O can? p-, L-tn , 90 cQ 5 u- -SWveS )l Q1 44 CR .5► F'4. topil W 40 Z./ U -floisIAir - /(S�? 6,0.35 U LCPf3 y"oG1-/ /xP6 e Mv fl 7Z7— lfRd4/ war 9-,frii r-�o x/ g/h 4 021 bp, P jr k 8Il I511._ A)-. 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