HomeMy WebLinkAbout20041922.tiff HEARING CERTIFICATION
DOCKET NO. 2004-56
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1473
FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY
SPECIAL REVIEW IN THE COMMERCIAL AND INDUSTRIAL ZONE DISTRICTS
(STORAGE OF CONSTRUCTION EQUIPMENT AND MATERIALS) IN THE
A (AGRICULTURAL) ZONE DISTRICT -TOM KEBERLEIN
A public hearing was conducted on July 7, 2004, at 10:00 a.m., with the following present:
Commissioner Robert D. Masden, Chair
Commissioner William H. Jerke, Pro-Tem
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, 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 June 18,2004,and duly published June 23,2004, in
the Fort Lupton Press, a public hearing was conducted to consider the request of Tom Keberlein
for a Site Specific Development Plan and Use by Special Review Permit#1473 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 of construction equipment and materials)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. She gave a brief
description of the location of the site,which is bordered by the City of Greeley to the north and City
of Evans to the east; however, all of the adjacent land is currently vacant. In response to Chair
Masden, Ms. Lockman stated the site is 1.76 acres. Responding to Commissioner Vaad, Ms.
Lockman stated Weld County Road 56 requires 140 feet of right-of-way at full build out,therefore,
the two existing sheds along the northern property line do not meet setbacks. However, if the
roadway is ever expanded,the applicant will be required to remove the structures and rely on the
new building which is located further south on the site.
Char Davis, Department of Public Health and Environment,stated water will be provided by the City
of Greeley, and the applicant has provided a copy of the tap agreement. She further stated the
septic system for the home will be used by employees of the business, therefore, a Condition of
Approval requires the applicant to submit an engineer's report which ensures the system can
handle the load.
2004-1922
PL1725
/'w //L(ee) d17-,2/-off
HEARING CERTIFICATION - TOM KABERLEIN (USR #1473)
PAGE 2
Donald Carroll, Department of Public Works,stated the City of Greeley has annexed the right-of-way
for Weld County Road 54(aka 37th Street)and the City of Evans has annexed Two Rivers Parkway
(aka Weld County Road 27.5). He stated the applicants have agreed to fence or gate off the
northern access and utilize the southern access because the sight distance to the west is a
problem. He further stated Condition of Approval #2.G.4 restricts storage or stockpiling of
equipment in the northeast corner of the property.
Commissioner Geile commented the site is effected by the Two Rivers Parkway Access
Management Plan. Ms. Lockman concurred and stated the City of Evans indicated the applicant
will need to contact them regarding any significant changes; however,closing the northern access
should address everyone's concerns at this point. In response to Commissioner Long, Mr.Carroll
stated it is 215 feet between the southern access to the intersection of Weld County Road 54 and
Two Rivers Parkway; staff generally requires at least 150 feet of separation, so this proposal is in
compliance. Commissioner Jerke commented future improvements to both roads may result in
significant widening, and he is unsure whether the new access will be 150 feet from the edge of
future right-of-way. Mr.Carroll submitted a sketch drawing of where the future right-of-way will be,
marked Exhibit H.
Glen Droegemueller of Otis,Coan and Stewart, LLC, represented the applicant and stated this site
will be used for storage purposes only. He stated if the property owner wants to make any changes
in the future, he will be required to obtain approval from the Board and any additional right-of-way
issues can be addressed at that time. He confirmed the northern access will be fenced and
abandoned to address safety concerns,and the applicant has indicated he will not store equipment
on the northeast corner of the site to mitigate sight distance issues. Mr. Droegemueller stated the
applicant will construct a fence on the north, south, and west sides of the property to screen the
storage areas, and he clarified the applicant will only be storing is own construction business
materials. He stated the house will be used for an office three or four hours per day, and the site
will not be open to the public. Responding to Commissioner Geile, Mr. Droegemueller stated the
two existing storage sheds along the north and the existing house will remain,and the applicant also
intends to build a new storage shed. He stated the buildings along Weld County Road 54 will still
be utilized until the road is expanded,and because they are permitted as a non-conforming use, if
more than 50 percent of the structure is damaged,they cannot be replaced. Commissioner Vaad
commented the size of the restricted storage triangle referenced in Condition#2.G.4 needs to be
specified. Mr. Droegemueller indicated the trees in that area will also be removed to further assist
with sight distances. He stated Condition#2.G.3 could be shortened since the northern access will
be abandoned, and the size of the new shed referenced in Development Standard#26 should be
90 feet, not 80. He submitted a copy of a letter from the City of Greeley,marked Exhibit F,verifying
water service. Commissioner Jerke commented the exact measurements for the new shed are not
necessary, and staff concurred Development Standard #26 should be modified to state, The
proposed building shall meet all setback and offset requirements." In response to Commissioner
Geile,Ms.Lockman stated the applicant has addressed the water requirement,therefore,Condition
of Approval#2.G.6 can be deleted. She further stated the applicant has also completed Condition
of Approval#2.C and it can be deleted. Ms. Davis stated the applicant submitted a Waste Handling
Plan and, upon review,she feels it is adequate and Condition#2.E can be deleted. Commissioner
Vaad commented it would be in the County's interest to assist with the cost of relocating the
buildings on the north side of the site to address the sight distance concerns. Mr.Carroll submitted
a diagram,marked Exhibit G,and stated based on the speed limit on Weld County Road 54,the line
2004-1922
PL1725
HEARING CERTIFICATION - TOM KABERLEIN (USR #1473)
PAGE 3
of sight to the west should be approximately 515 feet,and removing the white shed would be helpful.
He also proposed the sight distance triangle in Condition#2.G.4 be 125 feet. Mr. Droegemueller
stated the applicant agrees to restrict storing equipment within the sight distance triangle as
suggested by Mr. Carroll,and they would be willing to share in the cost with the County to relocate
the white shed. Commissioner Geile commented the discussed improvements would be very
beneficial to address safety hazards at this intersection.
No public testimony was offered concerning this matter.
Commissioner Vaad moved to approve the request of Tom Keberlein for a Site Specific
Development Plan and Use by Special Review Permit#1473 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 of construction equipment and materials)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#2.C,#2.E,#2.G.6, deleting Condition#2.G.3 after the first two sentences, adding the
following to the last sentence of Condition#2.G.4, "for a distance of 125 feet extending west and
south from the intersection of Weld County Roads 54(37th Street)and 27.5(Two Rivers Parkway),"
modifying Development Standard#26 to state,"The proposed building shall meet all setback and
offset requirements," and renumbering or relettering accordingly. The motion was seconded by
CommissionerJerke. 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 12th day of July 2004.
'-�` APPROVED:
,e\y 4 % BOARD OF COUNTY COMMISSIONERS
l /�� W D COUNTY, COLORADO
"r. ,ter- All N� 1 Robert D. asden, Chair
,�/ vA y Clerk to the Board
�..�1I
William H. ke, Pro-Tem
BY: / -,
Deputy Clerk to the Board
M. . ' n
ei. c20
TAPE #2004-28 O4
David E. Long
DOCKET#2004-56
G enn Va. —=
2004-1922
PL1725
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1473 - TOM KABERLEIN
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 06/01/2004)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Certification and Photo of sign posting,
submitted 07/07/2004
F. Glen Droegemueller/Applicant Letter from City of Greeley Water and
Sewer Department, dated 06/21/2004
G. Public Works Staff Sight Distance Diagram, submitted
07/07/2004
H. Public Works Staff Site Plat map showing future right-of-way
locations, submitted 07/07/2004
J.
K.
L.
M.
N.
O.
P.
Q.
R.
S.
T.
U.
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 7TH DAY OF JULY, 2004:
DOCKET#2004-56 -TOM KEBERLEIN
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
John Doe 123 Nowhere Street, City, State, Zip
lei :Duo Ica(Z S'Co kbk frb � tJo go(g3c1
itzutaii,-2 � ACK 44/0-g anti) CA 8o ( 1
//& /fits-re /1,-
Hello