HomeMy WebLinkAbout20031391.tiff HEARING CERTIFICATION
DOCKET NO. 2003-43
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1419
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(PARKING
AND MAINTENANCE OF CARNIVAL EQUIPMENT) IN THE A (AGRICULTURAL) ZONE
DISTRICT - MELVIN AND JACKLYN SHUBERT
A public hearing was conducted on June 4, 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, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Kim Ogle
Health Department representative, Char Davis
Public Works representative, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated May 16, 2003, and duly published May 22, 2003,
in the South Weld Sun, a public hearing was conducted to consider the request of Melvin and
Jacklyn Shubert for a Site Specific Development Plan and Use by Special Review Permit#1419
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 (parking and maintenance of carnival equipment) in the
A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this a matter of
record. Kim Ogle, 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.
Mr. Ogle gave a brief description of the location of the site, and stated the Town of Mead indicated
no objections to this proposal; however, it did request adequate landscaping for screening. He also
gave a brief description of the surrounding uses. Mr. Ogle stated the site receives potable water
from the Little Thompson Water District, and the septic system will be constructed to I.S.D.S.
standards. He stated primary access is from Weld County Road 5, and the internal roads and the
facility yard are graveled and graded. He further stated twelve referral agencies reviewed this
proposal, ten provided comments, and staff received one telephone inquiry prior to the Planning
Commission hearing.
(Clerk's Note: Due to inadvertent omissions on the Planning Commission Resolution,the following
minutes reflect reference numbers and letters in accordance with a Corrected Planning
Commission Resolution provided following this hearing, which are different from the references
made on the record.)
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Responding to Commissioner Geile, Mr. Ogle stated this property is not within the Urban Growth
Boundary for the Town of Mead; however, it is within the three-mile referral boundary.
Commissioner Geile referenced paragraph 2.d of the Draft Resolution and stated because this
property is outside the Intergovernmental Agreement boundary, the County is not required to refer
the applicant to the Town of Mead for annexation. Mr. Morrison concurred; however, he stated a
referral was sent because this site is within three miles of the Town boundary. Commissioner Geile
proposed a letter be drafted and sent to the Town of Mead clarifying that this and any future
applications which are outside the Intergovernmental Agreement boundary will not be referred to
the Town for annexation consideration. Mr. Ogle stated he did send a letter to the applicant
referencing the annexation request from the Town of Mead. Commissioner Vaad stated the
comments in paragraph #2.d are informative and he does not feel they are necessary, therefore,
he proposed the last sentence be deleted. Char Davis, Department of Public Health and
Environment, stated she has no comments regarding this case.
In response to Commissioner Jerke, Mr. Shubert stated Condition of Approval#1.K.5 requires six
parking spaces, including a space which adheres to the Americans with Disabilities Act; however,
they will only have four or five employees, who must be able to operate the equipment. Mr.
Shubert stated he resides at the site, and the trucks and carnival equipment are operated between
March and October. He stated they do not operate in the winter and use that time to do
maintenance on the equipment. In response to Commissioner Jerke regarding Condition of
Approval#1.K.8, Mr. Ogle stated the outdoor equipment storage area will need to be screened, not
the parking for general passenger vehicles. Mr. Shubert stated the carnival equipment will be
parked west and south of the shops, and he intends to fence or landscape the property boundary
to provide screening to the neighboring properties. Commissioner Vaad commented he received
a telephone call from a surrounding property owner expressing concern regarding the view of the
site due to the slope of the property. He stated the applicant indicates only minor repairs will be
made at the site, and all other repairs will be done off the site. He further stated there are various
uses on other properties along Weld County Road 5, and he feels the applicant has been
responsive to the needs of the neighbors. In response to Commissioner Geile, Mr. Shubert stated
he did attend the Planning Commission hearing, at which time the Town of Mead requested he
provide adequate fencing and landscaping.
No public testimony was offered concerning this matter. To address the concerns of Commissioner
Jerke, Mr. Ogle proposed Condition of Approval#5.K be amended to state, "Five parking spaces
shall be required for employees." He also requested a new Condition#5.K.6 be inserted to state,
"Parking of equipment associated with the carnival trade shall be screened from public rights-of-
way and adjacent properties, and shall meet the requirements of Section 23-3-350.6 of the Weld
County Code,"and renumber accordingly. Mr. Ogle clarified the Planning Commission Resolution
was inadvertently merged with another document, therefore, a corrected version will be provided.
For the purposes of this hearing, Mr. Morrison stated the Board needs to work from the
Administrative Review,which was adopted by the Planning Commission, and a corrected Planning
Commission Resolution of Recommendation will be added to the file following this hearing.
Responding to Commissioner Vaad, Mr. Morrison suggested if the last sentence of paragraph#2.d
is deleted, the Board may still want to include a finding that the site is located outside the
Intergovernmental boundary. Commissioner Geile stated there does need to be correspondence
with the Town of Mead to ensure it is clear why the change is being made. Mr. Morrison suggested
the language be further amended to stated, "Because the property is located outside the
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HEARING CERTIFICATION - MELVIN AND JACKLYN SHUBERT (USR #1419)
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Intergovernmental Agreement boundary,the Town of Mead's request that this property be annexed
will not be included in the Board's decision. Commissioner Jerke commented the Board does have
the authority to either acknowledge or decline to include any requests from referral agencies.
Commissioner Geile stated due to prior situations with the Town of Mead, there needs to be a
paper trail substantiating why the annexation request was not considered. He reiterated this
property is not within the Urban Growth Boundary or Intergovernmental Agreement boundary for
the Town of Mead, and if they want to annex the site, they need to begin the process of amending
those boundaries. Mr. Morrison stated a separate letter can be sent; however, he maintained that
the language should also be included in this Resolution, specific to this proposal. Commissioner
Masden concurred with the comments made by Commissioner Geile. Commissioner Vaad
proposed the last sentence of paragraph #2.d be deleted and replace to state, "Because this
property is outside of the Urban Growth Boundary for the Town of Mead, the Weld Board of
Commissioners declines to refer this property for annexation at this time." In response to Chair
Long, Mr. Shubert stated he has reviewed and agrees with the Conditions of Approval and
Development Standards as proposed and modified.
Commissioner Vaad moved to approve the request of Melvin and Jacklyn Shubert for a Site
Specific Development Plan and Use by Special Review Permit#1419 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 (parking and maintenance of carnival equipment) 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 generating a new Resolution of the Board to incorporate the Corrected Planning
Commission Resolution of Recommendation, delete the last sentence of paragraph #2.d and
replace it to state, "Because this property is outside of the Urban Growth Boundary for the Town
of Mead, the Weld Board of Commissioners declines to refer this property for annexation at this
time," amend Condition of Approval #5.K.5 to state, "Five parking spaces shall be required for
employees," insert a new Condition #5.K.6 to state, "Parking of equipment associated with the
carnival trade shall be screened from public rights-of-way and adjacent properties, and shall meet
the requirements of Section 23-3-350.6 of the Weld County Code,"and renumber accordingly. The
motion was seconded by Commissioner Masden, and it carried unanimously. There being no
further discussion, the hearing was completed at 11:30 a.m.
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HEARING CERTIFICATION - MELVIN AND JACKLYN SHUBERT (USR#1419)
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This Certification was approved on the 9th day of June 2003.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WEL OUNTY, COLORADO
ATTEST: fat,/ t ,fit`
vid E. Long, Cha'
,rp Weld County Clerk to t B. q slc
F._ Robert D. den, Pro-Tem
Deputy Clerk to the Board
M. J. eile
TAPE #2003-21
Willia H. Jerke �J
DOCKET#2003-43 Vatlit�1J�
Glenn Vaad
2003-1391
PL1667
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1419 - MELVIN AND JACKLYN SHUBERT
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Item Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 04/15/2003)
D. Clerk to the Board Notice of Hearing
E. James and Jacqueline Strauch Letter of Opposition (05/30/2003)
F. Planning Staff Photo of sign posted on site
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 4TH DAY OF JUNE, 2003:
DOCKET#2003-43 - MELVIN AND JACKLYN SHUBERT
DOCKET#2003-44 -ARNHEIM, LLC
DOCKET#2003-45 -VISTA RIDGE DEVELOPMENT CORPORATION
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