HomeMy WebLinkAbout20043415.tiff HEARING CERTIFICATION
DOCKET NO. 2004-99.a
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1475
FOR A USE PERMITTED AS A USE BY RIGHT OR ACCESSORY USE IN THE
COMMERCIAL ZONE DISTRICT (LANDSCAPING MATERIALS YARD) IN THE
A (AGRICULTURAL) ZONE DISTRICT - SAMUEL AND CYNTHIA CLARK
A public hearing was conducted on December 15,2004,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, Pam Smith
Public Works representative, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated October 29,2004,and duly published November 3,
2004,in the Fort Lupton Press,a public hearing was conducted on November 17,2004,to consider
the request of Samuel and Cynthia Clark for a Site Specific Development Plan and Use by Special
Review Permit#1475 fora Use Permitted as a Use by Right or Accessory Use in the Commercial
Zone District (landscaping materials yard) in the A (Agricultural)Zone District, at which time the
Board deemed it advisable to continue the matter to December 15, 2004,to allow staff additional
time to post a sign on the property. 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 and surrounding uses. Ms.
Lockman stated ten referral agencies reviewed this proposal, and six responded favorably or
provided comments that have been addressed in the Conditions of Approval and Development
Standards. She stated the Town of Johnstown wants the use removed or converted to a more
urban-type retail/commercial facility, which would be compatible with anticipated residential
development in the area. The Town also requested a date certain for the termination of the use,
therefore,staff did include a Development Standard which stipulates the permit is not transferrable.
She further stated the site is currently in violation for running a landscape yard without the
appropriate permits,and if the request is denied,that the case be referred to the County Attorney's
Office, with a 60-day delay to give the applicant time to vacate the premises. Ms. Lockman
reviewed photographs of the site,and in response to Commissioner Geile,she stated staff has not
required Johnstown's standards,although they did require screening. She explained the applicant
has submitted an application for annexation to the Town of Johnstown;however,there is no formal
agreement at this time. She reiterated if the applicant sells or leases the site to someone else,the
permit will be revoked. In response to Commissioner Geile, Mr. Morrison stated he usually only
recommends that type of arrangement if the applicant consents, and if there is not a significant
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amount of capital improvement on the site,to help assure that a nuisance condition is not created
if the use is discontinued. He further stated if Johnstown annexes, they are required to establish
zoning within three months regardless of what has existed in the County,although they do need to
address pre-existing uses. Commissioner Geile commented if this use is approved, he wants to
ensure it does not encumber the title if there is a change in ownership in the future. Mr. Morrison
stated this permit does not effect the title, only the use.
Pam Smith, Department of Public Health and Environment,stated this is an existing landscape yard
with a modular office building. She stated currently there is no septic system or public water;
however,those items are required as Conditions of Approval. She stated the applicant is requesting
they be allowed to use portable toilets and bottled water.
Donald Carroll,Department of Public Works,submitted a location map and photographs of the site,
marked Exhibits F through H. He stated the facility is located at the corner of Weld County
Roads 13 and 46,which are designated as arterial status roads requiring 140 feet of right-of-way
at full build out. He stated the average daily traffic on Weld County Road 13 is approximately 1,500
vehicles, and 90 to 100 vehicles on Weld County Road 46. Mr. Carroll stated the applicant has
indicated this is a temporary landscaping facility, with an office trailer, scale house, outbuildings,
etcetera. He stated staff included a Condition of Approval requiring the applicant to include a note
on the plat indicating the future right-of-way to be reserved and that no permanent structures are to
be placed in that right-of-way or setback area. He stated the site has two accesses from Weld
County Road 46,with the east access located within close proximity to the intersection at Road 13.
He expressed concern with limited mobility and poor sight distance for large equipment,therefore,
he recommended the applicant be required to use the west access, as well as indicating the
outbuildings on the plat drawing. He stated the applicants own the adjacent 114 acres,therefore,
he has no concern with drainage on the site. In response to CommissionerJerke,Mr.Carroll stated
the east access is located within 50 feet of the intersection, and the west access is approximately
200 to 250 feet west of the intersection. He explained staff typically requires a 150-foot setback from
an intersection. Responding to Commissioner Geile, Mr. Carroll stated his comments are based
on safety issues for traffic circulation and the close proximity to Weld County Road 13. Responding
to Chair Masden, Mr. Carroll stated Weld County Road 13 will be improved in this area as part of
the Weld County Strategic Roadway Plan, and any new development is required to reserve or
dedicate 70 feet of right-of-way, as required under Condition#2.H.4. He further stated they are
restricted from placing permanent structures in that area.
Mike McDonough, Land Consultants,stated he represents the Landscaping business,and Samuel
and Cynthia Clark own the property. He stated they have not placed any permanent facilities on the
property and this is intended to be a temporary use until the property is annexed to the Town of
Johnstown. He stated once the site is annexed, the applicants plan to develop 12 to 15 acres of
neighborhood commercial uses at this corner, medium to high-density residential to separate the
commercial and residential uses, and single family dwellings and open space along the water
feature that runs through their property. He stated a water tap could be relocated; however the
investment into a septic system would be lost once the temporary use ceases. Currently, the
applicant is using a portable toilet and bottled water,with a maximum of two customers at any time.
He stated they agree the east access is too close to the intersection; however, he clarified the site
is serviced by dump trucks, not semis, so they can maneuver around the site and at the
intersection. He requested the Board delete the two items related to the temporary use.
Commissioner Geile stated the Board is only considering the 1.927-acre parcel at this time,not the
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overall property. Mr.McDonough stated this is just a means of generating revenue from the property
while they are going through the annexation process. He stated it has existed for 1.5 years,and the
conflict stems from the County's definition of temporary as six months or less. He further stated
the property owner to the north does not intend to annex,so it will likely require a flagpole annexation
or annexing properties east of Weld County Road 13 to reach this site. In response to
Commissioner Vaad,Ms.Smith stated if there is a permanent water supply,then staff cannot issue
a permit for a vault. (Switched to Tape#2004-55.) Ms. Smith stated Section 30-2-10 states there
must be an adequately functioning septic system where people work, live, or congregate. She
stated they have been operating longer than six months in violation, and there is no guarantee of
when they will be annexed, therefore, staff is requesting permanent facilities. Responding to
Commissioner Vaad, Mr. McDonough stated the expense of a septic system and water tap is
significant compared to the business revenue; however, if required,the applicant is agreeable to
acquiring a water tap that can be transferred, and installing a vault system. Ms. Smith stated that
would be agreeable to staff if they have a maintenance contract and install an alarm to indicate if the
tank is full. Responding to Commissioner Jerke, Ms. Lockman stated Development Standard#3
is the only reference to a time limitation on this permit. Chair Masden commented the concept of
temporary has been exceeded because this has existed for 1.5 years,and there may still be some
obstacles for annexing, which makes it difficult to determine a time line.
No public testimony was offered concerning this matter. Responding to Commissioner Geile,Ms.
Lockman stated this case is a zoning violation; however, it has not been heard by the Board.
Commissioner Geile commented there is a compatibility issue because they are storing product and
operating a business without the appropriate permits, and in view of issues with water and sewer,
he feels it would make more sense to issue a six-month cease and desist to allow the applicant time
to complete the annexation process. In response to Commissioner Vaad, Mr. Carroll stated the
access is addressed in Condition#2.H.3,and Condition#2.6 covers his other comment regarding
identification of other structures on the plat. Commissioner Vaad suggested leaving
Condition#2.H.6 as proposed,and adding"or an adequately sized and monitored vault system"to
the second sentence of Condition#2.H.7. The Board concurred with these changes. Ms.Lockman
also corrected Development Standard #11 to state, "Any septic system or vault located on the
property....". Ms.Smith requested the language be consistent with revised Condition#2.H.7 to state
"an adequate sized and monitored vault system." Mr.McDonough requested clarification regarding
the future right-of-way. Mr. Morrison stated the right-of-way will not be conveyed to the County at
this point; however,they need to treat the future right-of-way as the guidepost for development of
the property. He suggested the setbacks be calculated as if it were a major arterial rather than
using the term"reservation"which poses a problem in court. Mr. McDonough stated the Town of
Johnstown shows both roads as arterial status. Chair Masden commented this is anticipated to be
a thoroughfare tot-70. Mr. Morrison stated this permit will require the applicant to abide by County
standards until they are annexed to Johnstown. In response to Chair Masden, Mr. McDonough
stated he and the applicant have reviewed and concur with the Conditions of Approval and
Development Standards as proposed and modified.
Commissioner Vaad stated he supports the request with the modifications as discussed. He stated
this is an opportunity to resolve a violation, and the accommodations address the situation which
may be there for some time, although the intent is temporary.
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Commissioner Geile commented the applicant placed the business at his own risk without obtaining
a permit,and it does not appear to be temporary or compatible. He stated he is not comfortable with
granting a temporary use without setting a time limit, and he does not support this proposal.
Commissioner Jerke stated this use is not designated as temporary, with the exception of a
Development Standard that states the permit will not transfer with the property. He stated they will
be required to bring in a domestic water line and install a vault system which provides for a
permanent use,therefore, he supports the application. Commissioner Geile read section#1 of the
application for the record, which specifies the use as temporary, and stated the applicant also
testified that the use is intended to be temporary.
Chair Masden stated although they applied for a temporary use, the Resolution, as modified,
provides for a permanent use until the annexation issue is resolved.
Commissioner Long stated they volunteered that this may be a temporary use until a different
opportunity occurs, but this Resolution creates a permanent use.
Commissioner Vaad moved to approve the request of Samuel and Cynthia Clark for a Site Specific
Development Plan and Use by Special Review Permit#1475 for a Use Permitted as a Use by Right
or Accessory Use in the Commercial Zone District (landscaping materials yard) 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 modifying Condition of Approval#2.H.7 and Development Standard#11
to add the phrase"or an adequately sized and monitored vault system." The motion was seconded
by CommissionerJerke. Upon a call for the vote,the motion carried four to one,with Commissioner
Geile opposed. There being no further discussion, the hearing was completed at 11:35 a.m.
This Certification was approved on the 20th day of December 2004.
APPROVED:
Xa L�`� BOARD OF COUNTY COMMISSIONERS
, W D COUNTY, COLORADO is6N\1\k-L_
•
�� �— ,�� Robert D. Masden, Chair
(fie=•.: io lerk to the Board
7 • William H. rke, Pro-Tem
BY:
Deputy Cler to the Board
M. J. le
TAPE#2004-55 and #2004-56 J
David E. Long
DOCKET#2004-99 -/
Glenn Vaad
2004-3415
PL1749
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1475 - SAMUEL AND CYNTHIA CLARK
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 10/19/2004)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Certification and Photo of sign posting
F. Public Works Staff Vicinity Map
G. Public Works Staff Photo of site, dated 05/05/2004
H. Public Works Staff Photo of site, dated 05/05/2004
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 15TH DAY OF DECEMBER, 2004:
DOCKET#2004-99 -SAMUEL AND CYNTHIA CLARK
DOCKET#2004-103 - BIBLE BAPTIST CHURCH
DOCKET#2004-104 - P AND A TURKEY FARMS, INC.
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
John Doe 123 Nowhere Street, City, State, Zip
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 17TH DAY OF NOVEMBER, 2004:
DOCKET#2004-99 - SAMUEL AND CYNTHIA CLARK
DOCKET#2004-94- DUKE ENERGY FIELD SERVICES, INC.
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
John Doe 123 Nowhere Street, City, State, Zip
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