HomeMy WebLinkAbout20010990 HEARING CERTIFICATION
DOCKET NO. 2001-18
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1312
FOR AN OUTDOOR STORAGE FACILITY FOR RECREATIONAL VEHICLES AND BOATS
(PHASE I) AND ENCLOSED STORAGE UNITS (PHASE II) IN THE A(AGRICULTURAL)
ZONE DISTRICT - LESLIE ADAMS/MARY TROSTEL
A public hearing was conducted on April 18, 2001, at 10:00 a.m., with the following present:
Commissioner M. J. Geile, Chair
Commissioner Glenn Vaad, Pro-Tern
Commissioner William Jerke
Commissioner David Long
Commissioner Robert Masden
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Julie Chester
Health Department representative, Charlotte Davis
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a corrected notice dated March 30, 2001, and duly published
April 4, 2001, in the Tri-Town Farmer and Miner, a public hearing was conducted on March 28,
2001, to consider the request of Leslie Adams and Mary Trostel for a Site Specific Development
Plan and Use by Special Review Permit#1312 for an Outdoor Storage Facility for Recreational
Vehicles and Boats (Phase I) and Enclosed Storage Units (Phase II) in the A (Agricultural)Zone
District. Lee Morrison, Assistant County Attorney, made this a matter of record. Julie Chester,
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. Ms. Chester
gave a brief description of the location of the site, and stated nine referral agencies offered
comments, and the City of Broomfield expressed opposition to the outdoor storage portion of the
proposal due to aesthetics. Ms. Chester reviewed the reasons for approval for the record as
indicated in the Planning Commission Resolution. In response to Commissioner Vaad, Ms.
Chester explained as Phase II is developed, Phase I will be eliminated and outdoor storage will be
discontinued. She stated Phase I could potentially remain if the applicant never begins Phase II
because there is not a time requirement for starting Phase II. Ms. Chester stated the property is
surrounded by the City of Broomfield, Northglenn, Adams County, and the Town of Erie. She
stated Broomfield will become a county in November, and the applicant can approach them for
annexation at that time. Mr. Morrison stated Weld County Road 11 has been annexed by
Broomfield; however, the property is not an enclave. Responding to Commissioner Vaad, Ms.
Chester stated the property is in a low area, and although the applicant has a landscaping plan,
it will be difficult to screen from adjacent properties. In response to Commissioner Jerke, Don
Carroll, Department of Public Works, stated County Road 2 has been annexed by the City of
Broomfield and they have jurisdiction of the 60-foot right-of-way. He explained the applicant is
being required to contact Broomfield to determine whether there are any additional requirements
2001-0990
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HEARING CERTIFICATION - LESLIE ADAMS/MARY TROSTEL (USR#1312)
PAGE 2
for using the road as an access. Mr. Morrison added the Annexation Statute implies that a
municipality cannot discriminate against a property if it is not part of its jurisdiction. Mr. Carroll
reviewed the various portions of roads surrounding the site that are located within the neighboring
jurisdictions. In response to Commissioner Masden, Ms. Chester stated the application does not
indicate the intent for a dumping station, and added Development Standard #13 states no
permanent disposal of wastes will be permitted at this site. In response to Chair Geile, Ms. Chester
stated the applicant will be required to apply for a Geological Hazard Permit, which will inform the
applicant as to the necessary measures for constructing safe structures within the hazard area.
She further stated Colorado Geological Survey expressed concern regarding drainage on the site
and has requested the opportunity to review the Geological Hazard Permit. Chair Geile indicated
some of the surrounding properties are also located within the geological hazard area. In response
to Chair Geile, Mr. Carroll stated the current ingress/egress is located at the center of the southern
end of the site. He stated staff is requesting the applicant upgrade and use the access located
east of the house to minimize the number of accesses on County Road 2. He stated if the City of
Broomfield does not concur, the maximum grade for the existing access should not exceed five
percent, and should also have an adequate turning radius. In response to Chair Geile, Ms. Davis
stated the applicant has not applied for a disposal system and the application indicates no wastes
will be disposed on the site.
Leslie Adams, applicant, stated they do plan to use the access near the residence if the City of
Broomfield agrees. Responding to Commissioner Jerke, Ms. Adams indicated it is unlikely they
will pursue annexation into Broomfield County because they currently do not provide any services
to this site. Responding to Ms. Adams, Mr. Morrison stated Weld County does not have an
Intergovernmental Agreement with Broomfield; however, there seems to be a general
understanding for the intended uses in this area. He further stated the Broomfield city limits and
County limits share the same boundaries. In response to Chair Geile, Ms. Adams stated Phase
II will be initiated based on the development and demand in the area.
Ame Carlson, City of Broomfield Planning Department, stated this site is not an enclave, so the
applicant cannot be forced into annexing. He stated the proposal will likely discourage any of the
adjacent entities from desiring annexation because this type of use tends to generate vandalism
which is a burden on the law enforcement agency. He further stated the City of Broomfield plans
to develop the surrounding area and extend public water and sewer into the area. He referred to
a letter from the City of Broomfield, dated December 28, 2000, indicating the long-term plans for
this area. He stated this area is the gateway into Broomfield and the proposed use is a concern
due to aesthetic reasons. Mr. Carlson stated the City of Broomfield is requesting adequate fencing
be required if this proposal is approved to screen the property from public rights-of-way and
adjacent properties. Commissioner Vaad commented that because there is no clear guideline as
to when development will occur in this area, he is in favor of this proposal. He explained the Use
by Special Review Permit can be amended or vacated if necessary in the future; however, this
proposal appears to be appropriate at this time. He further stated because the property is lower
than the adjacent properties, it will be difficult to completely screen the area. In response to Chair
Geile, Mr. Carlson stated the long-range plans would designate the lakes and low areas on this
property as open lands. There being no further comments, Chair Geile closed public testimony.
2001-0990
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HEARING CERTIFICATION - LESLIE ADAMS/MARY TROSTEL (USR #1312)
PAGE 3
In response to Chair Geile, Ms. Adams stated she has reviewed and agrees with the Conditions
of Approval and Development Standards.
Commissioner Vaad moved to approve the request of for a Site Specific Development Plan and
Use by Special Review Permit#1312 for an Outdoor Storage Facility for Recreational Vehicles and
Boats (Phase I)and Enclosed Storage Units (Phase II) 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. The motion was seconded
by Commissioner Jerke. Commissioner Vaad commented that although he wants effective and
responsible planning in this area, he also supports the property rights of the citizens who are
entitled to making a profit from the property during this interim planning period. Chair Geile
commented the long-term storage will be enclosed to improve the overall appearance of the site.
The motion carried unanimously.
This Certification was approved on the 23rd day of April 2001.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
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Weld County Clerk to the ar . ew
0.," ; .EXCUSED DATE OF APPROVAL
"" %lenn Vaad, Pro-Tem
BY: '.:1 iL
Deputy Clerk to the Boat Willi i l�/•�i✓��
TAPE#2001-19
avi . Long
DOCKET#2001-18
Robert D. Masden
2001-0990
PL1478
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1312 - LESLIE ADAMS/MARY TROSTEL
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 02/06/2001)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Letter from Mt. View Water User's
Association and Brighton Fire District
(02/23/2001)
F. Planning Staff Letter from Colorado Geological Survey
(02/21/2001)
G. David Erb E-Mail of Opposition (03/19/2001)
H. Clerk to the Board Memorandum requesting continuance
(03/28/2001)
I. Clerk to the Board Corrected Notice and Mailing Certification
(03/30/2001)
J. Jeffrey Kirkendall E-Mail of Opposition (03/30/2001)
K. Doug Barnes E-Mail of Opposition (03/30/2001)
L. Jeffrey Kirkendall E-Mail re: Status of the case ((04/09/2001)
M. Clerk to the Board E-Mail responding to Jeffrey Kirkendall
(04/10/2001)
N. Planning Staff Photo of sign posted on the site
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 18TH DAY OF APRIL, 2001:
DOCKET#2001-18 - LESLIE ADAMS/MARY TROSTEL
DOCKET#2001-25- KELLY AND DANA BOYLE
DOCKET#2001-26 - HENRY RICKERS
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(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
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