HomeMy WebLinkAbout20010600.tiff HEARING CERTIFICATION
DOCKET NO. 2001-15
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1300
FOR A BUSINESS(RECREATIONAL VEHICLE STORAGE YARD AND DOG GROOMING
BUSINESS) IN THE A (AGRICULTURAL) ZONE DISTRICT - ELEANOR SPEAKER
A public hearing was conducted on February 21, 2001, at 10:00 a.m., with the following present:
Commissioner M. J. Geile, Chair
Commissioner Glenn Vaad, Pro-Tem
Commissioner William H. Jerke
Commissioner David E. Long
Commissioner Robert D. Masden
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Kim Ogle
Health Department representative, Pam Smith
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated February 2, 2001, and duly published February 7,
2001, in the Tri-Town Farmer and Miner, a public hearing was conducted to consider the request
of Eleanor Speaker for a Site Specific Development Plan and Use by Special Review Permit#1300
fora Business(recreational vehicle storage yard and dog grooming business)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, as well as the surrounding uses. He stated five
referral agencies offered comments, and he reviewed the reasons for approval as indicated in the
Planning Commission Resolution. Mr. Ogle stated the Clerk to the Board's records indicate there
is an existing Use by Special Review Permit #1080 on this site and he requested the Draft
Resolution be amended to add Condition of Approval #2.F to state, "The applicant shall request
the vacation of Use by Special Review Permit#1080 for a Boarding Kennel (60 dogs and 15 cats),
for Clifford D. Morgan and Patricia A. Mahoney, approved by the Board on June 21, 1995," and
reletter the subsequent sections. He further stated Condition of Approval #2.G.6 should be
amended to change the"forty(40)foot access easement"to a"twenty(20)foot access easement"
because the Assessor's Office records indicate there is a shared access of 10 feet on each parcel.
Mr. Ogle also requested the first sentence in Condition #2.G.8 be amended state, "A twenty (20)
foot wide joint easement extending from Weld County Road 33 (47th Avenue), for the benefit of
Lots A and B,shall be shown clearly on the plat,this easement is more particularly described in the
Agreement recorded February 1, 1980, in Book 894, Reception Number 1815851."
Responding to Chair Geile, Mr. Carroll stated the first concern expressed by the City of Evans in
its referral response dated October 26, 2000, has been addressed by Condition #2.G.3. Pam
Smith, Weld County Department of Public Health and Environment, stated the second item listed
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by the City of Evans is addressed by Condition of Approval#2.D, and added the septic system will
be allowed for patrons, but will not be used for dumping. Mr. Ogle stated the lighting issue will be
reviewed by the Department of Planning Services, as well as the City of Greeley, and the fourth
issue is addressed by Condition of Approval #2.G.2. Mr. Ogle stated the fifth issue is addressed
by Condition #2.G.8, the last two issues are addressed by Condition#2.A through a Landscaping
Plan. Responding to Chair Geile, Mr. Morrison stated the letter from the City of Evans does
indicate their opposition, and this discussion adequately addresses the Board's requirement to
justify its action, should this matter be approved, in accordance with the Intergovernmental
Agreement with the City of Evans.
Mr. Carroll stated the site is accessed from 47th Avenue between Highway 34 and 37th Street. He
stated there will be a split jurisdiction between the Cities of Greeley and Evans, and added there
is a recorded access easement, and there will only be one access to the parcel.
Gerald Jorgensen, Attorney, represented the applicant and stated the applicant would like to
request Condition#2.G.5 be amended to delete the first sentence to allow the old trees to remain
on the site. He stated the remainder of the paragraph will address the traffic pattern, and if it is
found necessary, then they will remove the trees. Mr. Jorgensen stated they have been in contact
with the City of Evans regarding the access from 47th Avenue,which will be expanded in the future,
and added there is an irrigation ditch which the City will need to address prior to expansion. He
stated there is a large demand for this type of facility, and explained the property to the north has
a similar use, which is at capacity and is turning customers away. He further stated the property
owner to the north is in favor of this proposal, and added there is a development surrounding the
site on two sides, which has covenants that do not allow parking of recreational vehicles within the
development. Regarding the applicant's request concerning the old trees, Mr. Carroll stated he
supplied the Planning Commission with a photograph indicating his concerns that the two trees
may cause problems with the turning radius and access; however, he is willing to allow them if they
do not cause a problem. He stated the second tree is near the access gate which needs 20 feet
of access for emergency vehicles,and if there is adequate room for the necessary access, the tree
will be allowed to remain. Responding to Chair Geile, Mr. Jorgensen stated there will be 150
parking spots, and added they have not had an opportunity to meet with the neighbors in the
Tuscany Subdivision. He further stated the City of Evans requires a six-foot fence along the east
and south sides,with surrounding evergreens and bushes between the fence and adjacent lot lines.
Mr. Jorgensen stated they intend to plant six-foot trees which will be alternated with bushes. He
stated the surrounding neighbors have expressed no concerns, and explained they will have no
restriction on operating hours due to the customers who will need access at various times
depending on their vacation plans. Responding to Chair Geile, Mr. Jorgensen stated he and the
applicant have reviewed and agree with the Conditions of Approval and Development Standards.
Marlene Schuman, representing Jim Martin,developer of Tuscany Subdivision,stated they did not
receive proper notification of the Planning Commission hearing. She gave a brief description of
the various proposals for development in the area, and expressed concern as to whether this
proposal will be consistent with those future plans. Ms. Schuman stated the proposed site is
currently enclosed by a chain link fence; she explained there is a running trail along the rear of the
property; and she expressed concern with noise from the vehicles coming in and out at all hours.
Ms. Schuman stated they do not have a concern with the dog grooming business, and added if this
request is approved, there should be adequate buffering which they would like to discuss with the
applicant.
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Responding to Commissioner Vaad, Ms. Schuman stated the streets in the Tuscany Subdivision
are wider than other nearby developments,they will be lined with trees, and the Covenants are not
completed so she is not certain whether recreational vehicles will be allowed. Ms. Schuman stated
Phase I of the development has been completed, and although Phases 2 and 3 currently have no
provision for parking recreational vehicles, they would be willing to consider a designated area for
that use. Responding to Chair Geile, Ms. Schuman stated this development is within the City of
Evans and Phase I has been built out.
Loretta Fleck, surrounding property owner, stated she owns the Recreational Vehicle Parking lot
located to the north. She stated when her property was developed, she was required to comply
with the standards for Weld County and the City of Greeley, and the City of Evans was not
involved. Ms. Fleck explained the RV lots are for parking only; no maintenance is allowed. She
stated there is no water or electricity, and the customers' vehicles must be insured. She stated
there is someone present at all times for assistance, and added more noise is generated by street
traffic than the recreational vehicles. Ms. Fleck stated the proposed use is within Weld County and
serviced by the State Patrol. She further stated she has been in operation for eight years, she has
had no conflict with the surrounding properties, and she intends to install a six-foot fence as well,
to prevent vandalism. Ms. Fleck indicated the location of her property, and stated she has 60 to
65 units in her business. There being no further comments, Chair Geile closed public testimony.
Mr. Jorgensen stated most developments have a common Covenant which prevents recreational
vehicles, and the residents of Tuscany Subdivision are going to need a place to park their vehicles
and boats. Responding to Commissioner Jerke, Mr. Carroll suggested Condition of Approval
#2.G.5 be amended to state, "The trees adjacent to the barn and main gate may remain if the gate
opening is 20 feet in width and the turning radiuses are adequate." Responding to Chair Geile, Mr.
Jorgensen stated this proposal, as well as the Tuscany Subdivision, have been reviewed by the
City of Evans, which should result in consistency. He stated the chain link fence will be removed
and replaced with a six-foot fence and landscaping. He further stated the applicant is not opposed
to working with the surrounding property owners to make the landscaping compatible.
Commissioner Vaad stated he appreciates the applicant's expression of cooperation in good faith.
Responding to Commissioner Masden, Mr. Jorgensen stated the dog grooming business will not
be boarding any of the animals. Mr. Morrison stated the owners of Tuscany Subdivision may not
have received notification of the Planning Commission hearing due to the recent land transactions,
which may not be current in the Assessor's records. Ms. Smith stated Development Standard#10
limits the amount of noise to a residential level, which should address the concerns expressed by
Ms. Schuman.
Commissioner Vaad moved to approve the request of Eleanor Speaker for a Site Specific
Development Plan and Use by Special Review Permit#1300 for a Business (recreational vehicle
storage yard and dog grooming business) 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, with the addition of Condition
#2.F to state, "The applicant shall request the vacation of Use by Special Review Permit#1080 for
a Boarding Kennel (60 dogs and 15 cats), for Clifford D. Morgan and Patricia A. Mahoney,
approved by the Board on June 21, 1995,"and reletter the subsequent sections, amend Condition
of Approval #2.G.6 to change "forty (40) foot access easement" to "twenty (20) foot access
easement," amend the first sentence in Condition #2.G.8 to state, "A twenty (20) foot wide joint
easement extending from Weld County Road 33 (47th Avenue), for the benefit of Lots A and B,
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shall be shown clearly on the plat, this easement is more particularly described in the Agreement
recorded February 1, 1980, in Book 894, Reception Number 1815851," and amend the first
sentence of Condition #2.G.5 to state "The trees adjacent to the barn and main gate may remain
if the gate opening is 20 feet in width and the turning radiuses are adequate." The motion was
seconded by Commissioner Jerke, and it carried unanimously.
This Certification was approved on the 26th day of February 2001.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD CO TY, COLORADO
ATTEST: �61�".R'� iede a% ,
r t� . J. Geile, air
Weld County Clerk to the qt:r' �,
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1861 (t C*1.. — CUSED DATE OF APPROVAL
lenn Vaad, Pro-Tern
BY: c ao 4;r'. fl rf
_ n t Deputy Clerk to the Boa"►:( I AA'
Wi ' m H. Jerke
TAPE #2001-08 and #2001-09
D vid E. Long
DOCKET#2001-15
Robert D. Masden
2001-0600
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EXHIBIT INVENTORY CONTROL SHEET
Case USR#1300 - ELEANOR SPEAKER
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 01/16/2001)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Photo of sign posted on site
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 21ST DAY OF FEBRUARY, 2001:
DOCKET#2001-09 - ROSE ZESCHIN
DOCKET#2001-12 - GEORGE WALCK
DOCKET#2001-15 - ELEANOR SPEAKER
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
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