HomeMy WebLinkAbout20042202 HEARING CERTIFICATION
DOCKET NO. 2004-73
RE: SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW
PERMIT#1028 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 (INDOOR STORAGE FOR RECREATIONAL VEHICLES AND A
CONSTRUCTION COMPANY) IN THE A(AGRICULTURAL)ZONE DISTRICT-VICTOR
AND MARTIEL VONFELDT
A public hearing was conducted on August 25, 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 - EXCUSED
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Michelle Martin
Health Department representative, Char Davis
Public Works representative, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated August 6,2004,and duly published August 11,2004,
in the Fort Lupton Press, a public hearing was conducted to consider the request of Victor and
Martiel VonFeldt for a Site Specific Development Plan and Amended Use by Special Review
Permit #1028 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(indoor storage for recreational vehicles and
a construction company) in the A (Agricultural) Zone District. Lee Morrison, Assistant County
Attorney, made this a matter of record. Chair Masden advised Victor VonFeldt, applicant, that he
has the option of continuing this matter to a date when the full board will be present. However,if he
decides to proceed today, it will require three affirmative votes, or in the case of a tie vote,
Commissioner Vaad will listen to the record and make the determining vote. Mr.VonFeldt indicated
he would like to proceed today.
Michelle Martin, 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 currently contains one home and
outbuildings for the construction company. She described the surrounding uses,and stated the plat
for the original Use by Special Review Permit was recorded on December 27, 1993. She explained
this amendment will include the units for indoor storage for recreational vehicles and an addition to
the building that houses the construction company. Ms. Martin stated the referral responses have
been addressed through the Conditions of Approval and Development Standards,and staff received
no correspondence from the surrounding property owners. She stated the applicant and the North
Side Lateral Company have reached an agreement,and she requested Condition of Approval#1.L
be added to state,"The applicant shall provide the Department of Planning Services with a recorded
copy of the easement agreement between the applicant and the North Side Lateral Company." She
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HEARING CERTIFICATION - VICTOR AND MARTIEL VONFELDT (AMUSR#1028)
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also requested Condition#2.6.7 be modified to replace the word"right-of-way"with"an easement."
In response to Commissioner Geile, Ms. Martin stated the applicant is proposing eight units
measuring 48 feet by 120 feet,and there is an existing shop building,as well as a machine storage
building that will measure 30 feet by 60 feet. Responding to CommissionerJerke,Ms.Martin stated
the eastern property line borders the Greeley No.2 Ditch,and she reiterated that the applicant has
reached an agreement that will be signed and recorded following this hearing. She explained the
applicant has agreed to the Ditch's request for a 75-foot easement to maintain the ditch.
Char Davis, Department of Public Health and Environment, stated the site will be serviced by the
North Weld County Water District, and there is a permitted septic system for the residence which
is adequate for the proposed family business. Responding to Chair Masden, Ms. Davis stated a
public restroom will not be required because the customers will have access to the restroom
facilities in their RV units.
Donald Carroll, Department of Public Works, stated Weld County Roads 47 and 70 are classified
as local gravel roads. He stated the most recent daily traffic count on Weld County Road 47,from
the facility to Weld County Road 392, ranges from 176 to 320 vehicles. He further stated the
average daily traffic count on Weld County Road 70 ranges from 60 to 100 vehicles. Mr. Carroll
stated Development Standard#15 requires the applicant to provide dust suppressant to mitigate
dust from the construction business and RV traffic for the benefit of the two neighboring residences.
Responding to Commissioner Long, Mr. Carroll stated Weld County is not currently applying any
dust suppressant at this intersection, and he has not visited the site since October or
November, 2003. In response to Commissioner Jerke, Mr. Carroll stated there is 60 feet of
right-of-way. Commissioner Jerke commented Weld County Road 47 is classified as a strategic
road. Mr.Carroll concurred and revised his comments to indicate the need for 70 feet on both sides
of the section line. Ms. Martin clarified the applicant owns all of Lot A, which is included in this
amendment. Mr. Carroll stated the current plat shows the existing structure as being 28 feet from
the right-of-way; however any future structures will need to be at least 90 feet from the centerline
of Weld County Road 47. In response to Chair Masden, Ms. Martin stated the applicant designed
the layout measuring from the existing right-of-way, however,that is not enough to accommodate
the reservation.
Mr. Von Feldt clarified the setback needs to be 70 feet from the center of the road, not the edge of
the right-of-way. Chair Masden commented this road has been designated as a strategic roadway,
which requires 70 feet in addition to the 200-foot setback required in the A (Agricultural) Zone
District. Responding to Mr.VonFeldt, Commissioner Long explained if the road is ever expanded
they will be paid the fair market value for the existing structure or to cover the cost of relocation. Mr.
VonFeldt stated the additional setback may require him to eliminate some of the units, which will
reduce his monthly income,but he is willing to make the necessary accommodations. Responding
to Commissioner Long, Mr. VonFeldt stated it will reduce the number of parking stalls from 64 to
approximately 50. He further stated the RV units can be stored year round,and the customers can
come and go at any time. He stated he does apply dust suppressant from his driveway to the
intersection at Weld County Road 70, and Weld County does the remainder. Based on those
comments, Mr. Carroll stated Development Standard #15 can be deleted. Responding to
Commissioner Geile, Mr. VonFeldt stated the RV's will be stored indoors, and the units are big
enough to accommodate the large units. In response to Commissioner Jerke,Mr.VonFeldt stated
the proposed buildings will be located north of the existing barn, and there will be an emergency
access to the south. Ms. Martin recommended the applicant apply for a Nonconforming Use to
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HEARING CERTIFICATION - VICTOR AND MARTIEL VONFELDT (AMUSR#1028)
PAGE 3
document the structures that existed prior to Weld County reserving the additional right-of-way. In
response to Commissioner Jerke, Ms. Martin stated there is no application fee, and it is only
intended to provide documentation for the benefit of the property owner.
No public testimony was offered concerning this matter. In response to Chair Masden,Mr.VonFeldt
stated he has reviewed and concurs with the Conditions of Approval and Development Standards
as proposed and modified. Mr.Carroll,suggested adding Condition of Approval#1.6.8 to state,"The
applicant shall reserve an additional 40 feet of right-of-way for the future expansion of Weld County
Road 47." Ms. Martin suggested the last sentence of Condition#1.6.4 be modified to delete the
reference to Weld County Road 47.
Commissioner Long moved to approve the request of Victor and Martiel VonFeldt fora Site Specific
Development Plan and Amended Use by Special Review Permit#1028 fora Use Permitted as a
Use by Right,an Accessory Use,ora Use by Special Review in the Commercial or Industrial Zone
Districts(indoor storage for recreational vehicles and a construction company)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 the last sentence of Condition of Approval #1.6.4 to delete "47 and";
replacing"right-of-way"with"an easement"in Condition#1.6.7;adding Condition#1.6.8 to state,
"The applicant shall reserve an additional 40 feet of right-of-way for the future expansion of Weld
County Road 47"; adding Condition#1.L to state, "The applicant shall provide the Department of
Planning Services with a recorded copy of the easement agreement between the applicant and the
North Side Lateral Company";deleting Development Standard#15;and renumbering or relettering
accordingly. The motion was seconded by Commissioner Jerke,and it carried unanimously. There
being no further discussion, the hearing was completed at 2:10 p.m.
This Certification was approved on the 30th day of August 2004.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
Ella�� �� WEL COUNTY, COLORADO
/
iii Robert D. Masden, Chair
nt lerk to the Board
Fr 4��1
William H. J e, Pro-Tem
W6
eputy Clerk to the Board
M. eile
TAPE #2004-37
David E. Long
DOCKET#2004-73 EXCUSED
Glenn Vaad
2004-2202
PL0932
EXHIBIT INVENTORY CONTROL SHEET
Case AMUSR#1028 -VICTOR AND MARTIEL VONFELDT
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 11/04/2003)
D. Clerk to the Board Notice of Hearing
E. Applicant Letter re: Negotiations with North Lateral
Ditch Company, and three versions of
unsigned Easement Agreement
F. Planning Staff Certification and Photo of sign posting,
submitted 08/18/2004
G.
H.
J.
K.
L.
M.
N.
O.
P.
Q.
R.
S.
T.
U.
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 25TH DAY OF AUGUST, 2004:
DOCKET#2004-73 -VICTOR AND MARTIEL VONFELDT
DOCKET#2004-75 - ROBERT CARPENTER AND DAVID LOTTMAN
DOCKET#2004-72 - DON AND LINDA OWNES/GLORALOMA ESTATES
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
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