HomeMy WebLinkAbout20032894.tiff HEARING CERTIFICATION
DOCKET NO. 2003-70
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1430
FOR A BUSINESS PERMITTED AS A USE BY RIGHT OR AN ACCESSORY USE IN THE
COMMERCIAL ZONE DISTRICT (LANDSCAPING MATERIALS YARD) IN THE A
(AGRICULTURAL) ZONE DISTRICT - MARCELLE GEUDNER
A public hearing was conducted on October 1, 2003, at 10:00 a.m., with the following present:
Commissioner David E. Long, Chair
Commissioner Robert D. Masden, Pro-Tem
Commissioner M. J. Geile
Commissioner William H. Jerke
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Carol A. Harding
Assistant County Attorney, Lee Morrison
Planning Department representative, Sheri Lockman
Health Department representative, Pam Smith
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated September 12, 2003, and duly published
September 18, 2003, in the South Weld Sun, a public hearing was conducted to consider the
request of Marcelle Geudner for a Site Specific Development Plan and Use by Special Review
Permit#1430 for a Business Permitted as a Use by Right or an Accessory Use in the Commercial
Zone District ( Landscaping Materials Yard) 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 stated the City of Greeley is within 800
feet east of the site, and the Town of Windsor is approximately two miles to the north. She stated
the site is currently being processed as an active violation due to landscape material being sold
from the site. Ms. Lockman stated that of 11 referral agencies, all responded favorably or included
conditions that have been addressed in the Conditions of Approval and Development Standards.
Four letters and a petition with nine signatures have been received in support of this application;
and nine letters and a petition with 16 signatures have been received in opposition. The letters
include concerns with the dust, noise, increase in traffic, legality of the use of the private road,
traffic safety, and prior violations of the applicant to the Town of Windsor. Ms. Lockman displayed
pictures of the site and surrounding area (Exhibit l). Responding to Commissioner Geile, Ms.
Lockman stated the City of Greeley has annexed Weld County Road 17, and Don Carroll,
Department of Public Works explained the City of Greeley annexed the road at the time it was
annexing the property to the east. Responding to further questions from Commissioner Geile, Ms.
Lockman stated the Little Thompson Water District is providing water, and there is no sewer on
site. Ms. Lockman stated the City of Greeley did not mention access with its referral; however,the
applicant will need to apply to the City of Greeley for an access permit. She stated the issues with
the access have more to do with the private drive and the contentions of surrounding property
2003-2894
PL1684
HEARING CERTIFICATION - MARCELLE GEUDNER (USR #1430)
PAGE 2
owners. Responding to Commissioner Geile, Ms. Lockman stated Windsor did not have issues;
Condition of Approval #1.D.1 is to require fencing on other sides, since the applicant has only
fenced one side; and the reference to"animal scattered trash"simply is to ensure the lids on trash
cans are closed so animals cannot get into them. Responding to Commissioner Vaad regarding
the ownership of the road, Ms. Lockman stated that, prior to creating most of these lots, the
property owner deeded to "adjacent owners" the strip for the road, therefore, they all own it in
tandem, and Mr. Morrison, after reviewing the deed, deemed it a legal access for the applicants.
Responding to Commissioner Vaad, Mr. Morrison stated this is an unusual way to share the
access; and essentially the original owner created an additional lot that everyone owns instead of
using an easement or deeded right-of-way. He also stated there does not appear to be any
restrictions that preclude it from being conveyed to additional parties; however, private parties may
contest access in District Court, although for our purposes,that additional rights can be set up,and
interest in that property conveyed to those new lots. Responding to Commissioner Jerke, Mr.
Morrison stated the intent of the deed was probably to run with the land, since there is no other
conceivable purpose for it. Responding further to Commissioner Jerke, Mr. Morrison stated his
recollection is that maintenance is not included. Responding to Commissioner Geile, Ms. Lockman
explained Condition of Approval 1.1 requires the applicant to meet with staff from the Sheriffs office
in order to help design the facility in a crime preventative manner. Commissioner Vaad questioned
Mr. Morrison regarding the County's position if a Use By Special Review Permit is granted based
on the applicant proving adequate access, would the Permit become void if the access were to be
removed. Mr. Morrison stated regulations do not specifically require the applicant to maintain a
continuing access in order for the Permit to be in effect. Commissioner Vaad, referring to
Condition of Approval #1.G, stated the City of Greeley is going to have a say in the granting of an
access. Mr. Morrison stated it is on-going, therefore, it would not be a Condition of Approval;
however, it could be added as a Development Standard,that the applicant continue to demonstrate
adequate access, and he stated the capability of handling the traffic is perhaps the bigger issue.
Pam Smith, Weld County Health Department, stated water is being provided to the site from Little
Thompson Water,and the applicant has proposed Port-A-Lets; however, the Department of Public
Health and Environment is requiring a septic system for the use.
Mr. Carroll reviewed additional photos (included in Exhibit I), showing the access from the private
road onto Weld County Road 17. He stated Weld County Road 17 for about a quarter of a mile,
with a 60 foot right-of-way north of Highway 34,was annexed by Greeley. He stated Development
Standards #18 through #21 originated from the Department of Public Works, with the key one
being #18, which requires dust suppressant on the haul route between Weld County Road 17 to
the entrance of the proposed Use By Special Review Permit. He stated this was an issue that was
discussed at the Planning Commission hearing, and is being required no less than twice a year,
or as needed, to be directed by the Department of Public Works. Mr. Carroll stated this is the
standard for haul routes, to accommodate the type of facility that would generate dust and traffic
in the area.
Marcelle Geudner, owner, stated she purchased the land in 2001, and the purchase contract
verbiage included easements and access. She stated the survey showed 60 feet of access
easement by deed. She stated she has leased the property to Jess Aragon.
Mr. Aragon stated the access is legal and was deeded to Ms. Geudner upon her purchase of the
2003-2894
PL1684
HEARING CERTIFICATION - MARCELLE GEUDNER (USR #1430)
PAGE 3
property. He stated he has completed a great deal of work to improve the road and he has been
sensitive to the needs of the neighbors insofar as utilizing the road. Mr. Aragon reviewed his
presentation (Document#2003-2432, beginning on page 68)and explained he did widen the road.
He stated Public Service needed access and it cost him$9,300 to widen the road to two lanes, and
install a culvert. He explained the property sits on a hillside, and there is a history of runoff
problems; however, the culvert helps the drainage problems. He stated the one lane road
remaining past that point is adequate for the three homeowners located beyond his site. He stated
the surrounding property owners did not want to contribute funds to the project,and addressed the
safety concerns expressed by the residents. Mr. Aragon stated he installed a "Stop" sign at the
exit of his property onto the easement, as well as on Weld County Road 17. He stated a previous
owner across from him expressed concern about children playing, therefore, he installed a "slow,
children playing" sign, as well as cautioning his drivers to be careful upon entrance and exit. Mr.
Aragon stated the fence that was installed cost $9,000, to screen the property from the nearest
neighbor's view. He stated if there is future development to the south, the Landscape Plan will
require fencing on the rear part of the property, and also provide visual screening to the east if the
use changes from the dairy or livestock operation. Responding to Chair Long, Mr. Aragon stated
the road narrows to one lane, which was the original width of the road, and he explained that even
though it is not a two-lane road, two cars can pass. Responding to Chair Long, Mr. Carroll stated
the configuration is safe, although it is reduced at the area where the culvert was placed. Mr.
Carroll stated it was 24 feet on the upper section to accommodate two-way traffic, and the crest
of the hill was at 12 or 14 feet in width. He stated it is difficult for two-way traffic to pass through;
however, Mr. Aragon stated the entrance is at the two-lane portion of the road. Where it narrows
to one lane services only three residents, and it has always been a one-lane road. Mr. Aragon
reiterated he has not changed the existing road. Continuing with his presentation, he reviewed
surrounding property uses, and distances of residences to his property. Mr. Aragon stated the
closest residence, belonging to the Weilers, is 200 feet from his property line, the Pratt residence
is 400 feet plus, the Weinmeisters residence is a quarter of a mile to the west, the Hartstorms
residence is over one-half mile to the west, and the Windsong Ranch Subdivision is over 2,600
feet, or one-half mile to the north. Mr. Aragon stated he installed a seven-foot privacy fence on the
west side of the property. Regarding the access, Mr. Aragon stated Mr. Morrison stated it is legal,
even though it is an odd way to handle the access. He stated all of the property owners have a
right to maintain or make improvements to the road, since it is a quasi-public road, although the
County does not handle maintenance or improvements. Mr. Aragon also stated he will be adding
a building with a restroom and septic system.
Responding to Commissioner Geile regarding why he would make the improvements and develop
the facility without consideration for and prior to receiving zoning permits, Mr.Aragon explained he
operated his business for five years in Windsor, initially on property owned by Robert Ehrlich. He
stated he was permitted in that location; however, Mr. Ehrlich terminated his lease and moved him
to a parcel north of the previous location. Since it was still on Mr. Ehrlich's property, he believed
the use to still be approved. Mr. Aragon stated he pulled an electrical permit with the Town of
Windsor,which was granted; however,after he began relocating and operating the business at the
new site, the Town notified him his use was not approved. He stated Mr. Ehrlich and the Town of
Windsor disagreed on this matter, and finally, the Town of Windsor gave Mr.Aragon the ultimatum
of getting rid of the business, or applying for the permit. He bought two and one-half acres just
east of his second location and went through the planning process with the Town of Windsor;
however, in the interim he approached Ms. Geudner to lease her property in order to have a place
to store his materials and run his business. Ms. Geudner told him he could run his business in an
2003-2894
PL1684
HEARING CERTIFICATION - MARCELLE GEUDNER (USR #1430)
PAGE 4
Agricultural Zone; however, the lines are now being divided and it is not considered an agricultural
business. Responding to Commissioner Geile, Mr. Aragon stated the property owner stated it
would be okay to store his materials on this site. He further stated he did not have a choice, since
he had the materials, and the Town was going to begin fining him, and the other property needed
to be prepared. Mr. Aragon stated the Town did approve the other location; however, they placed
so many restrictions on it that it would no longer be cost effective to run. Responding to Chair
Long, Mr. Aragon stated he has been at this site since March, 2003.
Gary Weinmeister, surrounding property owner, presented photographs and charts(Exhibit J)and
stated no one is in opposition to the applicant having access; however, they disagree about him
using this private road as a public access to a business. He stated the application is vague and
purposely misleading with many misstatements. Mr.Weinmeister reiterated the specific instances
where the application is different from the proposed use. He stated this is a landscape materials
business, with pick up or delivery services. Mr. Weinmeister stated the business has caused
significant impact on surrounding property in the areas of traffic, noise, dust, hours of operation,
and unauthorized changes to the private road. He stated the application refers to a sod farm to the
south, which has been gone for more than a year, and the equipment used in this business runs
ten or twelve hours a day, every day, although specific operating hours are in the application and
established by the Planning Commission. He stated 10 to 30 vehicles per hour access the
business, and there are five employees. Mr. Weinmeister stated there is storm water, and since
the land is essentially bare with large piles of compost, the water now stands on the private
roadway. He stated all construction was completed last winter in spite of zoning violations, and the
land was cut and leveled by heavy equipment, a road was constructed from the private road into
the midst of Mr. Aragon's parcel, several small buildings were brought in, and a pole barn is
currently being constructed, still without a permit. Although Mr. Aragon stated he understood the
conditions at the Planning Commission hearing, he certainly did not pay attention to getting permits
and plat recordation prior to building and activity occurring. Mr.Weinmeister stated Mr.Aragon has
already violated the condition requiring storage of trash to be in a dumpster, with a pile of weeds
and wood lying in the drainage area in the narrowed portion of the road. Mr. Weinmeister stated
Mr. Aragon undertook construction and opened his business without permits, which is his history
with the Town of Windsor. He stated it was only after the neighbors complained that he applied
for a permit. Mr.Weinmeister stated this road is not a public service easement, although the Public
Service Company did purchase an easement through the road that is not part of the private road.
Mr. Weinmeister stated the weeds across the road are there as a direct result of the waste and
concrete Mr. Aragon deposited which prevents the other residents from mowing that portion. Mr.
Weinmeister stated the number of customers and hours of operation are two major concerns,along
with running equipment and tractor trailers for many hours each day. He stated no one regulates
the traffic that enters and leaves the business, and presented a photo showing the dust created
by traffic (Exhibit M). Mr. Weinmeister reiterated the testimony of Mr. Aragon are purposely
misleading with the intention of misleading the Board into believing the business creates little or
no negative impact on the adjacent landowners. He stated the key issue is the private road, which
has no public support for snow removal, maintenance or improvements. He stated the Quit Claim
Deed gives possession to adjacent landowners, and one person cannot use a private easement
without the consent of the other users of that easement, therefore, a private road would be
protected by the same rights. Mr. Weinmeister stated Mr. Aragon did not contact anyone about
sharing costs to modify the road, the dairy does not use this road, and he has altered the historic
use of the road. Mr. Weinmeister stated Mr. Aragon's business has created negative impacts on
surrounding property as enumerated previous, including dust and noise, and the legalities
2003-2894
PL1684
HEARING CERTIFICATION - MARCELLE GEUDNER (USR #1430)
PAGE 5
associated with the private road, and Mr. Aragon's history of not conforming to conditions for
operation are solid reasons for denial of this application. Responding to Commissioner Jerke, Mr.
Weinmeister stated the road does not have a name, and the fence next to the road is posted with
addresses. Responding to Commissioner Masden, Mr. Weinmeister stated Mr. Aragon did install
the signs he mentioned earlier.
Responding to Commissioner Jerke regarding construction of the pole barn without a Building
Permit, Ms. Lockman stated she did not know about it; however, if he is using it entirely for his own
use and will be storing agricultural materials there, he would not require a Building Permit.
Tom Weiler, adjacent property owner to the west of Timber Rock, stated his home is 160 feet from
the operation. He stated the private road was much wider at the exit from Weld County Road 17
before Mr. Aragon changed it to a one-lane road upon installation of the culvert. He stated that
prior to the culvert, it was okay and could be driven; however, now there is a big drop off. Mr.
Weiler stated the owners of the road have always maintained and shared costs. He also stated
when Mr. Aragon installed the water pipe, he dug up gravel road base that had been installed;
however, it was dumped back into the hole without regard to replacing the road base. He stated
his major concern is from a health standpoint, since both he and his son are on oxygen. Mr. Weiler
stated he moved onto his property 32 years ago in order to retire with peace and quiet; however,
now there is equipment running from 8:30 a.m. to well after 7:00 or 8:00 p.m. He stated he cannot
spend time in his yard because of diesel trucks, suppliers with a high volume of truck traffic, and
customer traffic. Mr. Weiler stated the eight-foot fence does not stop noise or dust, and the
constant sound of front end loaders, trucks, and semis, restricts nearby residents time outside to
almost nothing. He stated this business is going seven days a week, with no rest. Mr. Weiler
stated it is like living next to a construction site which never completes construction.
Tina Schinner, adjacent property owner to the north, stated she purchased her property on
August 7, 2003, and she has been in the process of moving in. She stated when she signed the
contract to purchase her property, she made note of Timber Rock; however, it did not appear to
be a large problem. She stated the trucks have slowed down since the Planning Commission
hearing; however, she has also noticed trucks going in another entrance after the hours that are
posted. Ms. Schinner responded to an earlier question about emergency services, stating she
questioned the fire department, who stated it would use the Weld County Road Code. Ms.
Schinner stated she is opposed to a retail establishment being located in an agricultural district,
which creates a lot of traffic concerns. Responding to Commissioner Jerke, Ms. Schinner stated
the diary is directly east of the proposed application, and it currently has 10 to 15 cows; however,
she was told they will be moving about 40 head in during November. She stated it is being set up
as an educational forum to bring school kids in for field trips. Responding further to Commissioner
Jerke, Ms. Schinner stated Windsong Subdivision is approximately 670 feet from the entrance to
this property.
Cathy Weinmeister,surrounding property owner,stated Mr.Aragon did not correctly list his address
on his application, and he is in violation of the Weld County Code, since he should have gone
through the proper channels before any money was spent. She stated that, even though his move
had to be in such a hurry, he still had time to develop an advertising campaign which was released
in February 2003; however, his application was not submitted until April 21,2003. Ms.Weinmeister
stated that with the installation of the culvert, Mr. Aragon blocked access to properties behind him.
She stated he has posted signs; however, the "Stop" signs posted from his road onto the private
2003-2894
PL1684
HEARING CERTIFICATION - MARCELLE GEUDNER (USR #1430)
PAGE 6
road are not obeyed. She stated there is a drop off on both sides of the road which is a big
concern. Ms. Weinmeister said traffic is a major concern, and reiterated that Mr. Aragon simply
moved in and did what he wanted without permission from neighbors. Ms. Weinmeister stated the
Hartstorm family maintains and grades the private road. She stated she has been there for 19
years, and the road was 60 feet wide from the entrance of Weld County Road 17; however, it has
now been narrowed to 14 feet with a drop off near the culvert. She stated snow removal will be
difficult, and they will not be able to get at the angles or see where the road drops off. Ms.
Weinmeister stated mud has never been a factor for access until the changes were made by Mr.
Aragon, and stated this is the only access. She stated the trucks do not always use the gate for
access,they block the road which is where the emergency access is. Ms.Weinmeister agreed with
earlier concerns regarding noise and hours of operation, and stated a retail business is not
compatible with the surrounding property uses.
Judy Hartstorm, surrounding property owner, stated she has lived there for 30 years. She said the
original deed has ingress/egress, and when the dairy was being built up, the letter was written to
give personal access to residents. She stated she called Chair Long with concerns about Timber
Rock, and stated Mr. Aragon had no regard or concern for anything until a complaint was filed and
violation processed. When Ms. Geudner first came in she said they were building a residence,
however, now she has changed her mind. Ms. Hartstorm stated the changes made to the road will
impede snow removal, and her husband does mow the weeds. She discussed of an altercation
between her husband and Mr. Aragon because of the ditch and safety of the road, and she further
stated Mr. Aragon changes his story according to whom he is speaking. Ms. Hartstorm stated
Martin Salvage does not access off Weld County Road 17, and the improvements made were only
to the beginning of his property. She reiterated concerns about the ditches,and hours of operation.
Brad Weiller stated he lives with his father and is also on oxygen. He reiterated the concerns
already discussed in previous testimony. He stated he requires oxygen delivery every two weeks;
however, the company has said it will not deliver if the roadway is blocked. Mr. Weiller stated
there is a major problem with dust and presented a photograph (Exhibit M). He stated this
business does not fit in the neighborhood, and Mr. Aragon has not been sensitive to the neighbors
or needs of the neighborhood.
Paul Geudner stated he is the husband of the property owner. He stated concern about lies being
told which and refuted testimony given, stating the rip-rap was not there during installation of the
culvert, and could easily be driven around. He said it was a one-lane road with two ruts in it, and
the dairy does use the road to exit. Mr. Geudner responded to various testimony and individuals,
stating the neighbors just do not want Mr. Aragon in the area. He stated the motor home which is
in storage on the property belongs to him and no one is living in it.
Cindy Rubiano, stated she lives in Fort Collins and is the daughter of the Geudners and significant
other to Jess Aragon. Ms. Rubiano stated there was no business on the property until March when
it opened, and they were already going through the application process. She stated Mr. Aragon
was told he did not have to close while he was going through the process and stated there have
never been 30 cars per hour on location, since this is only a small family business. She stated the
business only has two part-time employees, Mr. Aragon, herself, and a daughter. Ms. Rubiano
stated there are approximately 29 transactions on Saturdays,which is their busiest day. She stated
Mr. Aragon added 300 tons of road base from the entrance of the business to Weld County Road
17, and the culvert was installed at the request of Mr.Weiller. Responding to Commissioner Jerke,
2003-2894
PL1684
HEARING CERTIFICATION - MARCELLE GEUDNER (USR #1430)
PAGE 7
she stated the trucks go through the gate unless they miss it; however, they are currently installing
a fence across the front of the property, therefore, they will have to use the entrance.
Ms. Geudner stated she planned on building a residence and she is the one that had water and
electricity installed. She stated there has been a misconception about who was doing the work,
and when the business began. She stated the business did not start until later, however, she had
94 dump trucks of dirt brought in,which created lots of dust. Ms. Geudner stated it was not for Mr.
Aragon's business, it was for her home. After the installation of the water and electricity, Ms.
Geudner stated she called Bethany Salzman, Department of Planning Services,to see if they could
store the materials and was told permits had to be obtained. Ms. Geudner stated Mr. Aragon then
stated the process and began his business at this location. Responding to Commissioner Geile
regarding the General Warranty Deed in 2001, Ms. Lockman stated the parcel was created prior
to zoning and was never recombined, or sold, therefore it is a separate legal lot. Responding to
Commissioner Geile, Ms. Geudner stated Mr. Aragon was given a two-year lease with an option
to purchase. (Changed to Tape#2003-38) She stated she was told they could store things on the
property. Responding to Commissioner Geile, Ms. Geudner stated she did not have any idea she
would be required to comply with zoning regulations set by Weld County.
Mr. Aragon stated the Geudners were originally planning on building a home on the property. He
stated there were two piles of manure, and he was contracted to help get it back in good shape.
He stated at that time, he was operating his permit in Windsor, and he hauled the manure off and
sold it. Mr. Aragon stated the Geudners purchased dirt and hauled it in and they cleaned up the
property. He stated November 15, 2002, was the date of the first process in Windsor, and he had
received his final approval to operate in Windsor. He stated he was not operating on this site prior
to March 1, 2003, since he was pursuing his options in Windsor. Mr. Aragon stated the application
initially stated hours of operation to be 9:00 a.m. to 5:00 p.m., and 10:00 a.m. to 4:00 p.m. on
Sundays; however, those were the winter hours. He was operating under summer hours, as
approved by the Planning Commission, which was 8:00 a.m. to 6:00 p.m.; however he is currently
operating under fall hours. Mr. Aragon stated in November he goes into the Christmas tree
business in Fort Collins for the months of November and December, and his landscaping business
is closed November 15 of each year, until he reopens in early February or March. Mr. Aragon
further stated the electrical permit was issued to the Geudners for their pole barn, the lids are
always closed on the dumpsters, and they do keep their premises clean,although there is currently
a pile of weeds being dried so he can burn them. Mr. Aragon stated he has two part-time
employees, who come from a temporary agency. He said vehicles also come into other
residences, and they have not been told to slow down. He stated he installed the culvert at the
request of Mr. Weiller, and paid the full expense of installing it. Mr. Aragon stated he wants to
operate in a legal fashion and is mindful of others.
Responding to Commissioner Geile, Mr. Aragon stated the Geudners are the ones erecting the
pole barn for storage of personal items, such as their boat. Responding to Commissioner Vaad,
Mr. Aragon stated he is aware the dust abatement plan will need to be approved by staff, and he
understands that fugitive dust is any dust leaving his property. Responding to Commissioner Vaad
regarding permissible noise levels in the Agricultural Zone, Ms. Smith stated there are no
regulations existing, although it is regulated for other zone districts. Responding to Commissioner
Vaad regarding a screening plan, Mr. Aragon stated he plans to install a fence on the east and
south when and if development occurs,and that he will apply dust abatement to Weld County Road
17 from the entrance of his property to Weld County Road 53 up to two times per year, as
2003-2894
PL1684
HEARING CERTIFICATION - MARCELLE GEUDNER (USR#1430)
PAGE 8
determined by the Department of Public Works, and he indicated the location of his portable office.
Responding to Chair Long, Mr. Aragon stated he is in agreement with the Conditions of Approval
and Development Standards.
Responding to Commissioner Geile, Ms. Lockman stated the pole barn does require a Building
Permit if it is used for other than agricultural purposes, such as the storage of recreational vehicles.
Mr. Aragon stated the public restroom facilities will be in the pole barn, and at that point he would
be applying for a septic permit; however, the remainder belongs to the Guedners. Responding to
Ms. Lockman, Mr. Aragon indicated the location of the pole barn, and stated it is not shown on the
plat, and is not the building referenced as the future shop. Responding to Commissioner Masden,
Mr. Carroll stated Public Works was not consulted prior to Mr. Aragon installing the traffic signs,
and he will need to inspect to see if they are in compliance with the traffic code.
Commissioner Jerke referred to Minutes Document #2003-2432, page 56, regarding the ethnic
discrimination case to insure each of the Board members have reviewed it, and stated this is a very
difficult case which pits neighbor against neighbor, and long-term residents against newcomers,
with allegations and cross allegations, all of which makes it very difficult to sort out and determine
the truth. Commissioner Jerke noted the Planning Commission heard most of the same
information and did vote six to two to support the case. He stated in other cases, sites, and
locations, where retail places have been located in similar neighborhoods, such as the "jungle of
Evans" which benefitted from a County cleanup and now there is a similar wholesale and resale
operation. Commissioner Jerke stated he believes very strongly in the property rights,and the right
to do with the property as one pleases, although quiet enjoyment and use is the other side of the
property right issue. He also stated the problems suggested that Mr. Aragon started and was in
operation prior to obtaining the proper permits and has a history of problems in Windsor, with
zoning compliance issues more than quality issues. Commissioner Jerke stated he also gives high
regard to the items indicating ethnic intimidation, and he does not want Weld County to ever be
seen as a place in which individuals can be intimidated out of business due to background, who
the are, how they worship, color of their skin, or anything else. He stated he is not casting blame
in that regard, and does not know who did it. Commissioner Jerke stated he wants to hear the
comments of the other Board members; however, he is leaning towards support of this application,
and he recognizes the major improvements that have occurred, and a potential for improvement
to the overall area with an applicant that runs a clean operation.
Commissioner Vaad stated he has also been working his way through the same issues, and then
he thought of his responsibility to the public in general, and particularly through this process. He
questioned whether the process adequately mitigates the concerns for the special circumstances
requested. Commissioner Vaad stated the submitted materials are in compliance with Section
23-2-206 of the Weld County Code. Pertaining to Section 23-2-230.b and the following sections,
Commissioner Vaad stated he feels the Conditions of Approval and Development Standards will
have an adequate effect in mitigating the unusual circumstances. Specifically, he included street
access, which has been given, and, stated the Permit would be revoked if continuing access were
not maintained. Commissioner Vaad stated Weld County does allow commercial zone activities
in the agricultural zone through the Use By Special Review process, and it is consistent with
Section 23-2-230-B.2. He stated he also feels adequate mitigation is provided through Conditions
of Approval and Development Standards to ensure that the storage and parking areas are
adequately screened from adjacent properties. He stated the use would be compatible with the
future development in the surrounding areas, with both Greeley and Windsor, through
2003-2894
PL1684
HEARING CERTIFICATION - MARCELLE GEUDNER (USR#1430)
PAGE 9
recommendations of approval, stating they do not oppose the proposal. Commissioner Vaad
stated the other questions he asked regarding Development Standards go to the question of
whether the design standards will protect the health, safety and welfare of the neighborhood, and
he believes they will. He further stated noise in the agricultural zone is not controlled, dust
abatement has been provided for, parking of recreational vehicles is not an issue for this process,
and the hours of operation are defined.
Commissioner Masden stated he agrees with Commissioners Jerke and Vaad, that this is a very
difficult decision. He stated there are compatibility issues, and issues with the traffic, noise, dust,
as well as the health, safety and welfare of the citizens of Weld County. He also stated he is
concerned that allowing a business access from a private lane will create a problem, the haste in
which the business opened, and the installation of signs without contacting Public Works.
Commissioner Masden further stated the proposal is is not compatible with the neighborhood, and
he is opposed to the application.
Responding to Commissioner Geile, regarding the responsible party to meet the Conditions of
Approval and Development Standards,since Marcelle Geudner is the property owner and applicant
and Jess Aragon is the occupant, Mr. Morrison stated both are responsible; however, in every
case, the property owner would be cited for failure to comply, and in the case where the occupant
or user of a property is in violation,the County would also cite them. Mr. Morrison stated staff looks
at what is happening on the property and brings in anyone that might have something to do with
it, although it is ultimately the property owners responsibility.
Commissioner Geile stated his greatest concern is the structure and complexities of the lease,
although he is also very concerned about the racial issues; however, in referring to Sections
23-2-230.6.7,23-2-240,and 23-2-250, Conditions of Approval must insure that there are adequate
provisions for the protection of the health, safety and welfare of the inhabitants of the
neighborhood. Commissioner Geile stated the health issue has been dealt with through testimony
that the septic system would be required, as well as dust abatement. He stated safety is a
concern,and he still feels there are safety issues, primarily with traffic. Commissioner Geile stated
the welfare, however, is the biggest concern, since the applicant suddenly started stockpilling
materials onto the property without going through the appropriate process;an executed lease which
addresses that issue to protect the property owner; and a pole barn currently being constructed
without the proper permits. He further stated the performance issues go back to the welfare of the
inhabitants, consequently, he is opposed to the proposal..
Chair Long stated his thoughts parallel Commissioners Geile and Masden. He stated from the
onset it has taken an opportunistic path, and there were no other options available or seen at the
time. He stated he does not feel the use is compatible, not only in the visual, physical sense, but
with the other issues that have been brought up that are outside the physical aspects of the
application. Chair Long stated the private lane, and issues with the health, safety and welfare of
the inhabitants makes him determine that the application is not compatible..
Commissioner Geile moved to deny the request of Marcelle Geudner for a Site Specific
Development Plan and Use by Special Review Permit #1430 for a Business Permitted as a Use
by Right or an Accessory Use in the Commercial Zone District(Landscaping Materials Yard)in the
A (Agricultural) Zone District, based on the points listed earlier, as well as past performance and
concern that the same type of performance would continue. The motion was seconded by
2003-2894
PL1684
HEARING CERTIFICATION - MARCELLE GEUDNER (USR #1430)
PAGE 10
Commissioner Geile moved to deny the request of Marcelle Geudner for a Site Specific
Development Plan and Use by Special Review Permit#1430 for a Business Permitted as a Use by
Right or an Accessory Use in the Commercial Zone District( Landscaping Materials Yard) in the
A(Agricultural)Zone District, based on the points listed earlier, as well as past performance and
concern that the same type of performance would continue. The motion was seconded by
Commissioner Masden,and it carried three to two,with Commissioner Jerke and Vaad against the
motion.
Responding to Mr. Morrison regarding the time line for removal of the materials before proceeding
with a violation, Commissioner Jerke suggested Mr.Aragon be given time to finish out the season,
when he closes on November 15,2003,then allow 90 days for removal of all materials. The Board
concured.
There being no further discussion, the hearing was completed at 1:15 p.m.
This Certification was approved on the 6th day of October 2003.
APPROVED:
BOA OF COUNTY COMMISSIONERS
WEL OUNTY, COLORADO
O vid E. Long Chair
`o the Board
1861 I�: �'.. /f]�� Robert D. sden, Pro-Tem
B •
4. r �% the Board
®��a� M. J. eile
TAPE 'I -37 & 38 ` / `1/s-L.-7
William Jerky
DOCKET #2003-70 v//ii
Glenn Vaad
2303-2894
PL1684
EXHIBIT INVENTORY CONTROL SHEET
Case USR #1430 - MARCELLE GEUDNER, C/O JESS ARAGON
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Item Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearings (07/01/2003) and
(08/05/2003)
D. Clerk to the Board Notice of Hearing
E. Garry and Kathleen Weinmeister Letter of Opposition (09/22/2003)
F. Tom Weiler Letter of Opposition (09/22/2003)
G. Charles and Tina Schinner Letter of Concern (09/22/2003)
H. Lester and Kay Gause Letter of Concern (09/23/2003)
Staff Posting Affidavit; photos of site
J. Gary Weinmeister Photos and charts
K. Hartstorm Police reports
L. Hartstorm Log of times open beyond hours
M. Brad Weiner Dust photo
N.
O.
P.
O.
R.
S.
T.
U.
V.
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 1ST DAY OF OCTOBER, 2003:
DOCKET#2001-69, PL1683 - MARCUM MIDSTREAM 1995-2 BUSINESS TRUST, C/O
CONQUEST OIL COMPANY
DOCKET#2001-70, PL1684 - MARCELLE GEUDNER, C/O JESS ARAGON
PLEASE legibly write or print your name and complete address and the
DOCKET# (as listed above) or the name of the applicant of the hearing you are attending.
NAME AND ADDRESS(Please include City and Zip Code)DOCKET#OF HEARING ATTENDING
a.,,, /..:]o.zdzy tIES:51 - /L 1t,&-efrth. e X10/-`1-.V
�v rca.\\��� ,.chf\Q ( :\k\A%V\ � ' \e�erC 'dc".>\o\lay
X90( l(A5 -*RI_ [Le'
) IN'A- Schinncr 026(0O61 (-OCR 17 lx), OeL C Yo u
Hello