HomeMy WebLinkAbout20053264.tiff HEARING CERTIFICATION
DOCKET NO. 2005-85
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1520
FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY
SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(STORAGE UNITS) IN THE A(AGRICULTURAL) ZONE DISTRICT- MIKE JOHNSON
A public hearing was conducted on November 23,2005,at 10:00 a.m.,with the following present:
Commissioner William H. Jerke, Chair
Commissioner M. J. Geile, Pro-Tem
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, Sheri Lockman
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 4,2005,and duly published November 9,
2005, in the Fort Lupton Press, a public hearing was conducted to consider the request of Mike
Johnson for a Site Specific Development Plan and Use by Special Review Permit#1520 for a Use
Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts(storage units)in theA(Agricultural)Zone District. Lee Morrison,Assistant
County Attorney,madethisa matter of record. Sheri Lockman, 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. She stated nine referral agencies reviewed this proposal,seven responded
favorably or provided comments that have been addressed in the Conditions of Approval and
Development Standards, and staff received three letters of opposition from surrounding property
owners. Ms.Lockman stated staff did not receive a response from the Nunn Fire Protection District,
and the Town of Nunn expressed opposition due to the potential adverse traffic impacts and
suggested the property petition for annexation. She stated the Departments of Planning Services
and Public Works have reviewed the proposed landscaping and are requesting changes as shown
in Exhibit J. In response to Commissioner Geile, Ms. Lockman stated the property is currently
vacant;however,in addition to the storage units,the owner is proposing a residence,which they will
occupy. Responding further to Commissioner Geile,Char Davis,Department of Public Health and
Environment, stated it is standard procedure,at these types of facilities,to allow the public to use
the restroom in the home as long as the system is large enough for the anticipated use.
Ms.Lockman added staff has no concern with locating the office within the residence. In response
to Chair Jerke, Ms. Davis reiterated the proposal is for a residence with an office and restroom
facilities, and the residence will provide the applicant with the ability to oversee the facility. In
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HEARING CERTIFICATION - MIKE JOHNSON (USR#1520)
PAGE 2
response to Comm issioner Vaad,Ms.Lockman reviewed the parking plan,and Comm issioner Vaad
suggested modifying Condition #1.8 to replace the word "vertical"with "parallel."
Ms. Davis stated the site is serviced by a commercial well, and an engineered septic system will
accommodate the anticipated number of people.
Donald Carroll, Department of Public Works, stated the site is accessed from Weld County
Road 100,approximately 260 feet from the intersection of Weld County Road 29.5. He stated the
main entrance will provide adequate turning radii, and Development Standard#5 addresses dust
control. Mr. Carroll stated there is no traffic count for Weld County Road 100; however, it is likely
less than 100 vehicles, per day,east of U.S. Highway 85. He stated the applicant is proposing 150
storage units,and anticipates five to ten people will enter the facility on an average day. Responding
to Commissioner Vaad,Mr.Carroll stated the regional drainage goes through the west side of Nunn.
In response to Chair Jerke, Mr. Carroll indicated the locations of U.S. Highway 85, Weld County
Roads 29.5 and 100, and the Railroad, and stated Weld County Road 29.5 does extend south of
Weld County Road 100.
Mike Johnson, applicant, stated his sister will live in the on-site residence, which will include the
business office and restroom facilities for the customers,and he intends to build his house on the
property to the north. Mr. Johnson stated he has visited with the neighbors to the east, and
explained the units will be built on the west end of the property. He stated the perimeter fence will
have slats to block the view, except on the north side,which will allow him a view of the site from
his house. He further stated a commercial well permit has been issued by the State, and his
property to the north will have a residential well permit. In response to Commissioner Vaad, Mr.
Johnson stated the office will be situated in the west end of the home, and it will have a separate
entrance. Responding to Commissioner Geile,Mr.Johnson stated he found no benefit in annexing
to the Town of Nunn since the Town could not provide water service, which is a condition of
annexation. Ms. Lockman stated the only concern expressed in the referral received from the Town
of Nunn dealt with traffic patterns. Responding to Chair Jerke, Mr. Johnson stated the business
hours will be from 7:00 a.m. to 6:00 p.m., and the facility gate will be locked after business hours.
No public testimony was offered concerning this matter. In response to Chair Jerke, Mr. Johnson
stated he has reviewed and concurs with the Conditions of Approval and Development Standards,
as proposed and modified.
Commissioner Long moved to approve the request of Mike Johnson for a Site Specific Development
Plan and Use by Special Review Permit#1520 for a Use Permitted as a Use by Right,Accessory
Use,or Use by Special Review in the Commercial or Industrial Zone Districts(storage units)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 modifying Conditions of Approval #1.B and #1.C and deleting
Condition of Approval#1.G.6, as recommended by staff. Mr.Johnson stated he is willing to paint
parking lines;however,he anticipates that his customers will park depending on how they need to
unload their vehicles. Based on the applicant's testimony, Commissioner Vaad stated the
designated parking spaces appear to be an extra and unnecessary expense. Ms. Lockman
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HEARING CERTIFICATION - MIKE JOHNSON (USR #1520)
PAGE 3
explained there was an initial concern that parked vehicles would block the traffic lane between the
units; however, staff is agreeable to removing Condition #1.B. The motion was seconded by
Commissioner Vaad,and it carried unanimously. There being no further discussion, the hearing
was completed at 10:30 a.m.
This Certification was approved on the 23rd day of November 2005.
APPROVED:
EL ♦ BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: at /
William H. Jerke, Chair
Weld County Clerk to th-,'
U I EXCUSED DATE OF APPROVAL
IAA
; 1�'�n.��,.-� M. eile, Pro-Tem
BY: � I
D- uty Clerk to the Board
Dav' E Lon
TAPE #2005-44 a _
Robert D. Mas
DOCKET#2005-85 -eteti
t-.i
Glenn Vaa
2005-3264
PL1800
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1520 - MIKE JOHNSON
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 09/06/2005)
D. Clerk to the Board Notice of Hearing
E. Public Works Memo re: Revised Plat Drawing dated
09/28/2005
F. Rudd Lighting Brochure re: Lighting for the Facility
G. Planning Staff Referral from Division of Wildlife, dated
08/02/2005
H. Kim Jennings E-mail of Opposition, dated 11/21/2005
I. Planning Staff Certification and photo of sign posting
J. Planning Staff Memo re: Changes to Conditions of
Approval
K.
L.
M.
N.
O.
P.
Q.
R.
S.
T.
U.
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 23RD DAY OF NOVEMBER, 2005:
DOCKET#2005-85 - MIKE JOHNSON
DOCKET#2005-84 -CARMAN AND BART BECK
DOCKET#2005-83 - FRANK AND LORETTA WRIGHT
DOCKET#2005-86 - RUTH BUCY
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