HomeMy WebLinkAbout20040314.tiff HEARING CERTIFICATION
DOCKET NO. 2004-05a
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1431
FOR AN RV PARK AND STORAGE AND RECREATION AREA IN THE
A(AGRICULTURAL) ZONE DISTRICT - MARLIN NESS
A public hearing was conducted on January 28, 2004, at 10:00 a.m., with the following present:
Commissioner Robert D. Masden, Chair
Commissioner William H. Jerke, Pro-Tern
Commissioner M. J. Geile
Commissioner David E. Long
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 December 31,2003,and duly published January 8,
2004,in the South Weld Sun,a public hearing was conducted on January 21,2004,to consider the
request of Marlin Ness for a Site Specific Development Plan and Use by Special Review
Permit#1431 for an RV Park and Storage and Recreation Area in the A(Agricultural)Zone District.
One January 21,2004,the Board deemed it advisable to continue the hearing to January 28,2004,
due to a continuance by the Planning Commission to allow adequate time for publication of the
notice. On January 28, 2004, 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 unfavorable recommendation of the Planning Commission into the record
as written. He gave a brief description of the location of the site,which includes an existing single
family dwelling unit and outbuilding. He described the surrounding uses, and stated 15 referral
agencies reviewed this proposal, twelve responded with comments that have been addressed
through the Conditions of Approval and Development Standards, and staff received no
correspondence from surrounding property owners. He stated he spoke with a representative of
the U.S. Fish and Wildlife who indicated no concerns with the presence of endangered species or
loss of habitat at the site. He stated the applicant is proposing a 32-square-foot sign,and this matter
was continued by the Planning Commission in August to allow the applicant adequate time to
address public water and sewer facilities. He stated the City of Greeley has indicated it would not
allow the applicant to connect to public water or sewer until the site is annexed. (Switched to
Tape#2004-06.) Mr. Gathman stated the site is located in the Standard Urban Growth Boundary
for the City of Greeley,which is defined as being within one-half mile from existing sanitary facilities.
He stated an existing sewer line runs through the site,and he referenced Section 22-2-110.C of the
Weld County Code which lists the criteria that must be considered if a site is within an urban growth
boundary area. He stated the City of Greeley provided a referral,dated June 16, 2003, indicating
they are interested pursuing annexation with the applicant,which could be accomplished through
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a series of annexations if the property does not meet the one-sixth contiguity requirement. Mr.
Gathman submitted a memorandum,marked Exhibit H,which recommends deleting Condition of
Approval#1.J and#1.K,amending Development Standard#17 to state,"A total of 200 pad sites for
RV camping shall be allowed", and add a new Development Standard#18 to state, "A total of 20
RVs/boats shall be allowed on site for storage." In response to Commissioner Geile, Mr.Gathman
stated the City of Greeley has a drainage right-of-waywhich runs through the property;however,he
did not see any drainage or concrete structures in that location. He further stated the applicant has
had discussions with the City of Greeley regarding annexation.
Responding to Commissioner Geile, Char Davis, Department of Public Health and Environment,
stated based on the original application,staff originally requested the applicant to pursue annexation
to the City of Greeley and connect to municipal sewer and water. However,the applicant provided
a modified request indicating the RV units will have fully contained water and sewer,therefore,public
water and septic systems are no longer necessary. She further stated at the Planning Commission
hearing the applicant indicated they may host some assemblages,and staff has concern with the
lack of public restrooms.
Donald Carroll, Department of Public Works, gave a brief description of the location of the site,
which is located across Highway 34 and 28th Street Frontage Road from the original RV center.
He expressed concern with inadequate turning radiuses,and has requested the applicant provide
directional arrows and create a one-way circulation pattern.
Responding to Commissioner Geile, Ms. Davis stated the residence located within this permit
boundary is supported by public water and sewer; however, the garage has a bathroom on an
unpermitted septic system. She stated that cannot be permitted because it is within 400 feet from
the municipal sewer line. She stated Development Standard#14 states the RV units must be fully
contained for water and sewer, and any structures must have septic or hook to public sewer.
Responding to Chair Masden, Mr. Gathman stated the site is 67 acres,and the proposed facility is
located on the northern end of the property.
Tony Evans, Elite Consulting, Inc.,represented the applicant and stated the site is accessed from
the 28th Street Frontage Road and a private drive. He stated the City of Greeley has a regional
stormwater detention facility which is located further to the west,that discharges into a ditch which
crosses this property. He stated that facility is maintained by the State and it delivers stormwater
into the South Platte River that also runs through this property. Mr. Evans stated the proposed RV
parking and storage is north of the drainage area,and the southern portion of the site will remain in
natural vegetation and be mowed. He stated the area to the south has also been designated for
recreational use by the campers,and at some point the applicant maywork with the Cities of Evans
and Greeley to place a pedestrian pathway corridor through this area. He further stated the existing
house is connected to Greeley sewer;however,the garage has an unpermitted septic that will also
have to be connected. He stated there is an existing sanitary sewer line that crosses the property,
and in conversations with the City,they were informed that it is possible the applicant may be able
to tie onto the line. He stated it is a trunk sewer main that may already be at capacity,and the next
closest sewer and water service is one-half mile away. Mr. Evans stated the City of Greeley
recommends annexation;however,the applicant does not have one-sixth contiguity at this time and
they have not been able to coordinate joint annexation with the neighbors.
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Sarah MacQuiddy,Greeley Convention and Visitors Bureau,stated the Board of Directors supports
this endeavor, and she read a letter for the record, dated August 23, 2002, which the applicant
previously included in the file as partof his application. She stated there have been instances where
an expansion of this site would have accommodated conferences that had to locate elsewhere,and
this facility is needed to meet market demand. Ms.MacQuiddy stated there are other facilities in the
region which have closed and this facility would bring their business to Greeley.
Marlin Ness,applicant,stated he owns the RV park to the north and his facility provides a good value
and safe environment. He stated many motorists park here and drive to visit family and attractions
in Denver because there is no where to park in the metro area. In response to Commissioner Jerke,
Mr. Ness stated it would be nice to have a sewer line connection;however,it does not appear to be
available at this time. He stated most RVs have holding tanks,and there are numerous places to
dump when they leave the site. He further stated each site at the current facility has a full hookup
with the ability to dump into a septic system, which he feels is adequate to handle the additional
capacity of the proposed site. Mr. Ness stated he purchased the site seven years ago, and the
septic system for the RV park is permitted, so he would like to propose that visitors be allowed to
dump when they check in at the current facility and then drive to the new site and park. In response
to Commissioner Geile, Mr. Morrison stated there are different classifications of septic systems
based on the size and capacity, and larger systems are reviewed by the Colorado Department of
Public Health and Environment. Mr. Evans concurred that State statute designates different
classifications of septic systems which fall under different rules. Mr. Ness stated he would like to
annex to the City of Greeley;however, it is not feasible at this time. He stated the average RV unit
uses 30 gallons of water per day. There being no further comments, Chair Masden closed public
testimony.
In response to Chair Masden,Mr. Evans stated he and the applicant have reviewed and agree with
the Conditions of Approval as proposed and modified. Responding to Commissioner Vaad, Mr.
Evans stated the sewer line that goes through the site is a sewer trunk main which delivers to
Greeley's sewer treatment facility and it carries a very high velocity flow. He stated the City of
Greeley has stated this facility needs to hookup to the line; however,they also indicated it may not
be possible to tie into the line because a new connection may cause the sewer to backup into
existing connections. He further stated the next closed sewer and water line is one-half mile to the
west. Mr. Evans stated this proposal is very similar to the Island Grove Park and Weld County
Missile Site,which do not have water or sewer facilities. Mr. Morrison stated regardless of whether
a sewer line exists within 400 feet, the rule may not apply if the applicant is unable to connect.
Responding further to Commissioner Vaad, Mr. Evans stated Island Grove and the Weld County
Missile Site are dry-pad facilities, and this proposal would provide electricity to each of the pads.
Commissioner Vaad expressed concern regarding Section 23-2-250 regarding a provision for the
health, safety,and welfare of the public. Mr. Evans stated there will be someone present most of
the time because the applicant lives on the site, and the park to the north is fully staffed 24 hours
a day. He stated the existing facility is verywell maintained and this will provide an extension of that
service, and dumping of sewer and trash would not be allowed at the new site. Commissioner
Jerke reiterated the 400 foot rule may not apply if the line is not accessible. Ms. Davis stated at the
Planning Commission hearing the applicant indicated he may host public gatherings that may draw
other people who are not staying at the site, and in that event staff would require public services.
Commissioner Vaad commented the application does not specify that the site will be used for that
purpose,therefore,under this permit those uses would not be allowed. Mr.Morrison concurred and
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HEARING CERTIFICATION - MARLIN NESS (USR#1431)
PAGE 4
stated the applicant would be allowed to hold events for the people parked at the facility. Mr.
Gathman stated the original application indicated the application has been modified to limit the use
to only RV storage and camping; however, he expressed concern with the proposal which would
allow guests to dump their holding tanks at the existing facility, which is grandfathered, and then
move to the new site.
Commissioner Vaad moved to approve the request of Marlin Ness fora Site Specific Development
Plan and Use by Special Review Permit#1431 for an RV Park and Storage and Recreation Area
in the A(Agricultural)Zone District. His motion also included deleting Conditions of Approval#2.J
and#2.K, amending Development Standard#17,adding a new Development Standard#18, and
renumbering or relettering as appropriate. Commissioner Jerke seconded the motion based on the
finding that the application is in compliance with Sections 23-2-230.6.1 through B.7 of the Weld
County Code. He added this is an appropriate location along Highway 34,there are nearby water
and recreational activities which will attract RV travelers,the site is not prime farmground,and the
health,safety,and welfare will be protected because the units must be self contained. Mr.Morrison
clarified the motion includes the language provided in the Draft Resolution. Commissioner Vaad
commented it was wise for the applicant to withdraw the request for public assemblages;however,
there are other options which allow for temporary events. There being no further discussion, the
motion carried unanimously and the hearing was completed at 11:35 a.m.
This Certification was approved on the 2nd day of February 2004
APPROVED:
BOARD OF COUNTY COMMISSIONERS
W D COUNR,
% , COLORADO
k�ATTEST: ��� 1 �''% a•
.• _robed D. Masden, Chair
Weld County Clerk to the oa 11)
1861 (' t "'En%OWCAC " c" ask #i illiam H. ke, Pro-Tem
Deputy Clerk to the Boa,��I ��
M. eile ES
TAPE #2004-05 and #2004-06 QitA
Da.I DOCKET#2004-05
Glenn Vaad
2004-0314
PL1699
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1431 - MARLIN NESS, CIO ELITE CONSULTING, INC.
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (07/01/2003,
08/05/2003, 01/06/2004, and 01/20/2004)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Letter from Elite Consulting re: Non-viable
mineral resource (01/05/2004)
F. Planning Staff Certification and Photo of sign posting for
01/21/2004
G. Planning Staff Memorandum requesting continuance to
01/28/2004
H. Planning Staff Memorandum recommending amendments
to Draft Resolution (01/28/2004)
J.
K.
L.
M.
N.
O.
P.
Q.
R.
S.
T.
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 28TH DAY OF JANUARY, 2004:
DOCKET#2004-10 - LANCE MESSINGER
DOCKET#2004-05 - MARLIN NESS
DOCKET#2004-09 -AGGREGATE INDUSTRIES -WCR, INC.
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
John Doe 123 Nowhere Street, City, State, Zip
ftitMt,erl'j vvtl9^eckf 3521 Ob,wkcwrr Lave/iwl) , Cv `e,S��]
11-1-Eane Mc,-e 352 i W. 6-15ev hoi,Yerr Blvd- love (a.+ , eb 90537
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 21ST DAY OF JANUARY, 2004:
DOCKET#2004-05 - MARLIN NESS
DOCKET#2004-08 - HIGH BALL ERECTORS, LLC
PLEASE legibly write or print your name and complete address.
0 NAME ADDRESS
John Doe 123 Nowhere Street, City, State, Zip
MLPak rc 5957, w ?C /L G A514,ih 5/r < cc, 2 3 /
Sob Ricxa-D 655 4` ,4-we Le4Unceiv7. Co 50So/
Cat--N C'. IA,5/e i ren. e k a . cr a L, .e,,, co c e,d-R i
Robert A. Rickard, PLS
Branch Manager, Project Director
rrickard@fiatsurv.com
Flatirons Surveying, Inc.
;01\ hill 655 Fourth Avenue
Longmont, CO 80501
Ph(303) 776-1733
Mobile(303)249-2173
Fax(303) 776-4355
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