The URL can be used to link to this page

Browse Search

Home My WebLink About20050197.tiff HEARING CERTIFICATION DOCKET NO. 2005-11 RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1470 FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE INDUSTRIAL ZONE DISTRICT (STORAGE OF VEHICLES AND EQUIPMENT, ALONG WITH EMPLOYEE PARKING ASSOCIATED WITH A LANDSCAPING BUSINESS)IN THE A(AGRICULTURAL)ZONE DISTRICT-JOSE AND NATALIA MARTINEZ A public hearing was conducted on February 9, 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, Chris Gathman Health Department representative, Char Davis Public Works representative, Donald Carroll The following business was transacted: I hereby certify that pursuant to a notice dated January 21, 2005, and duly published January 26, 2005, in the Fort Lupton Press,a public hearing was conducted to consider the request of Jose and Natalia Martinez for a Site Specific Development Plan and Use by Special Review Permit#1470 for a Use Permitted as a Use by Right,an Accessory Use,or a Use by Special Review in the Industrial Zone District(storage of vehicles and equipment, along with employee parking associated with a landscaping business)in the A(Agricultural)Zone District. Lee Morrison,Assistant County Attorney, made this a matter of record. 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. He explained the Use by Special Review process was initiated in response to a zoning violation on the property. He stated the violation case has not been presented to the Board, and if this application is approved, the violation will be closed. Mr. Gathman gave a brief description of the location of the site,and explained the access from Weld County Road 1 was established pursuant to a District Court order. He stated there is an existing single family dwelling and a garage on the site, and he described the surrounding land uses. He further stated the applicant has submitted a Road Maintenance Plan to satisfy a Condition prior to scheduling this hearing; however, Byron and Yvonne Marsh, surrounding property owners, have indicated the agreement is not sufficient and does not address the use of heavy equipment. Mr.Gathman stated the Marshes have supplied a bill requesting the applicant provide payment by January 31,2005,for their share of the maintenance; however, the applicant is questioning the amount of the bill. He stated 12 referral agencies reviewed this proposal, and ten responded favorably or provided comments that have been addressed in the Conditions of Approval and Development Standards, 2005-0197 PL1761 HEARING CERTIFICATION - JOSE AND NATALIA MARTINEZ (USR#1470) PAGE 2 specifically Standards#3 through#6,which address the number of employees,hours of operation, amount and type of equipment,and screening. He submitted additional correspondence from the Marshes dated December 7,2004,and December 6,2004, marked Exhibits R and S,respectively, as well as letters from the applicant's representative, Macon Cowles,regarding changes to the road improvements plan and correspondence with the Sheriff's Office, marked Exhibit T. In response to Chair Jerke, Mr. Morrison stated corrections have been noted on the Planning Commission Resolution in the file to reflect the accurate vote, and the Clerk will provide a corrected original following the hearing. Char Davis, Department of Public Health and Environment,stated the site is serviced by the Longs Peak Water District and a septic system. She stated staff is requesting an engineer's evaluation of the septic system,and she also requested Conditions#2.C and#2.E be deleted since they have been satisfied. Responding to Commissioner Masden, Mr.Gathman stated the site is approximately one acre. Donald Carroll, Department of Public Works,stated there is a Minor Subdivision located to the north, which has an access that parallels the access to the subject site. He stated the applicant has reduced the number of vehicles and employees that will be using the site,and the homeowners are negotiating the maintenance and shared costs of the private easement. In response to Chair Jerke, Mr. Carroll stated the private access is not marked as a private lane,although that can be done by the individual uses, and the residences are assigned addresses for Weld County Road 1. Chair Jerke expressed concern with unnamed accesses which may result in safety issues for emergency response vehicles. Responding to Commissioner Geile, Mr. Carroll stated Development Standard #3 reflects a reduced number of vehicles from sixteen to four for seasonal employees. Macon Cowles of Macon Cowles and Associates, P.C., represented the applicant and stated the primary issue is the road maintenance plan. He stated the applicant has been diligently working to address the objections of the neighboring properties, and they have satisfied all but the Marshes. He stated they invited the neighbors in April 2004,to discuss the proposed use, and they met with the Marshes following the Planning Commission hearing. He stated due to the nature of the business they will have the equipment and man power to maintain the site and access, and he noted that none of the other four access owners were required to pay for maintenance. Mr.Cowles stated the court order stipulated the costs are to be shared equally among the five owners. He stated in June 2004, the applicant cut the grass and cleared away trash but Mr. Marsh contacted him and stated he did not want people on his private property. Following that occurrence, the applicant circulated the proposed maintenance plan to the other owners. On October 18,2004,the applicant hired an operator to grade the road,and subsequently a complaint was filed by Mr.Marsh with the Sheriffs Office. Mr.Cowles stated the applicant has committed to purchasing equipment, which will cost approximately$5,400,that can be used to maintain the road,and currently they have approval from three of the other four property owners for the proposed Road Maintenance Agreement. He stated the Marshes have requested the applicant pay$550;however,they are not requesting compensation from any of the other owners,and they have not provided justification for the amount. He stated one of the complaints from the Marshes dealt with a crushed culvert at the entrance; however, before the Department of Public Works could do the repair work, Mr. Marsh placed two large boulders on either side of the entrance,which are in the public right-of-way. The applicant offered to move the boulders; however, Mr. Marsh did it himself. He stated this is a use that is permitted in the Industrial Zone, and the site is not prime agricultural land. He further stated 2005-0197 PL1761 HEARING CERTIFICATION - JOSE AND NATALIA MARTINEZ (USR#1470) PAGE 3 the property to the east had vehicles stored on it in the past,the property to the south has a flooring business and occasional auto repair work,and one of the property owners is a truck driver and he stores an 18-wheeler on his property, therefore, they feel the use is compatible. In response to Commissioner Geile, Mr.Cowles stated the applicants purchased the site in September 2002,and he submitted a Residential Title Insurance Policy, marked Exhibit U,which was only issued after they closed on the property. Responding to Chair Jerke, Mr.Cowles stated all of the parcels were originally owned by a common owner, and when it was divided the lots were sold with a shared access to Weld County Road 1. He stated the burden for maintenance fell to the current owners of the original house,the Marshes. In 1988,the court issued an order that stipulated the cost must be shared;however,that has not happened prior to this request,and the court gave no direction for who would be the caretaker. In response to Commissioner Long, Mr. Cowles stated the road is owned fee simple by the Marshes; however, it is encumbered by the court order. Responding to Commissioner Geile, Mr. Cowles stated he was not aware of the letter from the Marshes, dated December 7, 2004, assessing $220 for the residences, and more for the additional vehicles associated with the proposed use. He stated the Maintenance Agreement does acknowledge the applicant's increased use and impact on the road;however,they are still waiting on a response from the Marshes on how they came to the amount. Byron Marsh,surrounding property owner,stated he has been obligated to maintain the road,and he did not charge the other users because there was less traffic and he only had to grade the road four or five times a year,and mow 27 times. Based on that work, he charged each user$200, and added an extra $300 for the large trucks. He stated the others have all paid their share, with the exception of the applicant. Mr. Marsh stated he has received three complaints regarding the large trucks and safety for school children, and that is his primary concern because it is his road and he may be liable if there is an injury. He stated the boulders were placed to keep the road from getting wider, and the grader that was hired by the applicant cost $100 when he only charges $50. Responding to Commissioner Geile, Mr.Marsh stated the 18-wheeler does not use the road,it just parks, and the other home business consists of a truck and small trailer. Responding to Chair Jerke, Mr. Marsh stated the court order requires him to maintain the road since he purchased the property from the Grengs. Mr. Morrison read portions of the court order for the record, and stated the language does not seem to obligate the prior owners, Edward and Alice Grengs,to maintain the road. Rather, it appears a construction company was to be hired to conduct the upgrade and maintenance tasks. He stated the Grengs had the right to do the maintenance; however, if they chose not to,the other grantees could do the work,or all parties could contribute to the cost of hiring an outside company to do the work. Responding to Commissioner Geile, Mr. Morrison stated the mowing that was referred to pertains to the grass area adjacent to the right-of-way. Mr. Marsh stated the road is only 13 feet wide; however, there is 66 feet of right-of-way. Mr. Morrison stated the easement may include more than the travel way to allow for maintenance work, and it is his understanding that an outside party would be hired to do the work. Kermit Bohrer, surrounding property owner representing the residents in the Kermit Bohrer Subdivision to the north,stated they have concerns with increased traffic and equipment,the safety of children,and decreased property values. In response to Chair Jerke,Mr. Bohrer stated they are not party to the subject access easement;however,they do use a separate access to the north that runs parallel to the easement. Responding to Commissioner Masden, Mr. Bohrer stated there is a dust problem caused by the traffic,the school bus picks the children up on Weld County Road 1, and his development was required to have a 60-foot access for emergency vehicles. 2005-0197 PL1761 HEARING CERTIFICATION - JOSE AND NATALIA MARTINEZ (USR #1470) PAGE 4 Troy Swazoe,surrounding property owner,stated his primary concern is the increased amount of traffic, loud music, and employees drinking and leaving beer cans on the site. He stated he has approached the applicant and the situation has been getting better;however, it is still an issue. He stated he wants to improve the appearance of the area,and he questioned whether he can choose between doing the actual maintenance work or paying the cost for someone else to do the work. Mr. Morrison suggested the maintenance needs to be arranged among the property owners, although Mr. Marsh does have the first right for choosing to do the work. In response to Chair Jerke, Mr. Swazoe stated he does have a riding lawn mower and some large equipment on his property. Responding to Commissioner Geile,he stated he does own a hardwood flooring business and the only two vehicles involved are his truck and his partner's vehicle. Mr. Cowles clarified the Planned Unit Development to the north does have a separate access,and the hardwood flooring business does advertise as operating from the property to the south, as indicated in Planning Commission Exhibit#6b. He stated the testimony indicates some of the parties to the easement have equipment that could be used as an asset for maintaining the road, and the applicant drafted the Road Maintenance Agreement to be very specific as to what everyone would be required to do In response to Chair Jerke, Mr. Cowles stated he and his clients have reviewed and concur with the Conditions of Approval and Development Standards as proposed and modified. Commissioner Geile stated the Department of Planning Services recommended denial based solely on the unresolved access issue. He stated it is apparent that the property owners are using their properties for more than just residential uses, and there appears to be compatibility with the area. Commissioner Geile stated he supports the use, although he does have concern with the access issue. Chair Jerke agreed and stated the access is owned fee simple by Mr.Marsh and the parties to the court order need to coordinate the maintenance issue. Mr. Morrison stated the Board is only responsible for determining whether there is adequate access, not how the maintenance is arranged. He stated the testimony indicates there is a legal access,therefore,the parties will need to continue negotiating how they will arrange for the maintenance and share the expense. In response to Commissioner Long, Mr. Morrison stated when the court order was issued there appeared to be a problem with the condition of the road which required upgrades. He further stated the court order designated a 12-foot access,although there is nothing that states it cannot be wider. Mr. Carroll stated paragraph#5 of the court order states the easement will be 12 feet wide, with a four-inch gravel base,although the easement is 66 feet wide. Mr. Morrison stated that area is likely also used for utilities. Commissioner Geile stated there is access to this property and similar uses in the area,therefore, he agrees with the recommendation for approval from the Planning Commission. Commissioner Geile moved to approve the request of Jose and Natalia Martinez for a Site Specific Development Plan and Use by Special Review Permit#1470 for a Use Permitted as a Use by Right,an Accessory Use,or a Use by Special Review in the Industrial Zone District(storage of vehicles and equipment, along with employee parking associated with a landscaping 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. His motion included deleting Conditions of Approval #1.C and #1.E. In response to Commissioner Vaad, Commissioner Geile stated it was his understanding that Condition#1.1 will remain in the Resolution. Mr. Morrison added that language does provide an alternative for the applicant to submit evidence 2005-0197 PL1761 HEARING CERTIFICATION - JOSE AND NATALIA MARTINEZ (USR #1470) PAGE 5 that the work has been completed and reviewed,therefore, an agreement may not be necessary for all of the items. The motion was seconded by Commissioner Vaad. In response to Esther Gesick, Deputy Clerk to the Board,the Board agreed that the application has complied with all seven criteria listed in Section 23-2-230.8 of the Weld County Code. Commissioner Vaad commented the issue of concern regarding the maintenance and use of the access is addressed by Condition#1.1. Commissioner Long stated most of the opposition revolved around the access,and it appears those issues can be mitigated among the users, and does not directly relate to the proposed use. He stated the Board endorses and encourages the neighbors to coordinate the maintenance issue. Upon a call for the vote, the motion carried unanimously. There being no further discussion, the hearing was completed at 11:15 a.m. This Certification was approved on the 14th day of February 2005. 4 IE llsa APPROVED: BOARD OF COUNTY COMMISSIONERS 1861 f-V WELD COUNTY, COLORADO � 'ids 1 if William H. J rke, Chair ►.ti��'my Clerk to the Board �J `C/,4h 2 //`�� M. eile Pro-em BY: d�Y �) Deputy Clerk o the Board D 'd E. Long / TAPE #2005-9 Robe ascie / ry DOCKET#2005-11 Glenn Vaad 2005-0197 PL1761 EXHIBIT INVENTORY CONTROL SHEET Case USR #1470 -JOSE AND NATALIA MARTINEZ 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 5/18/04) D. Clerk to the Board Notice of Hearing E. Planning Staff Condition of Approval Satisfied (12/23/2004) F. Applicant Response to Condition of Approval (08/26/04) G. Applicant Letter to Byron Marsh (08/25/2004) H. Applicant Transcript of Phone Conversation left on Byron Marsh's Answering Machine (9/10/2004) I. Applicant Correspondence to Neighbors (08/26/2004) J. Byron and Yvonne Marsh Follow Up Letter on Marsh/Martinez Issue (09/10/2004) K. Applicant Signed Copies of Dust Abatement and Waste Management Plan (10/26/2004) L. Byron and Yvonne Marsh Letter re: Road Maintenance Plan (10/31/2004) M. Applicant Letter to Landowners re: Road Maintenance Plan (10/28/2004) N. Applicant Road Maintenance Plan (11/30/2004) O. Applicant Letter received from Byron and Yvonne Marsh re: Road Maintenance (12/13/2004) P. Applicant Letter re: Condition of Approval (12/13/2004) Q. Applicant Letter to Planning, dated 11/30/2004 R. Byron Marsh Letter to Planning, dated 12/07/2004 S. Byron Marsh Letter to neighbors, dated 12/06/2004 T. Applicant Letter to Kory Hanson, dated 11/30/2004 U. Applicant Copy of Owner's Coverage Statement for Title Insurance #187-150526, dated 09/23/2002 (Original returned to applicant) V. Planning Staff Certification and Photo of sign posting ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 9TH DAY OF FEBRUARY, 2005: DOCKET#2005-11 -JOSE AND NATALIA MARTINEZ PLEASE legibly write or print your name and complete address. NAME ADDRESS John Doe 123 Nowhere Street, City, State, Zip � l5-p 2 �c n� /� �� i/(fa.,nl gog*-2 /J a /sclz ,spa�� te-C ())) 1}2(ael Lc gC 19 et tial4 00016 /68P /t/iP5oto (at-. 0044 ') $030q Nr/Q/1J1r ;WS l f7,/ C� ° 099 e'p: 5'©.ccll rtc f/ /e/zj f& (c/c,c ( L cri3F-icwT cc, ,,ics c 4,7 "re, b Vvanne 'f9 hitt e CoA±`/ ` v So 5/- Hello