HomeMy WebLinkAbout20002326 HEARING CERTIFICATION
DOCKET NO. 2000-45
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1274
FOR A HOMEBUISIINESS (RECREATIONAL VEHICLE STORAGE YARD) IN THE A
(AGRICULTURAL) ZONE DISTRICT - STEVE AND CAROLE APPLEGARTH
A public hearing was conducted on September 20, 2000, at 10:00 a.m.,with the following present:
Commissioner Barbara J. Kirkmeyer, Chair
Commissioner M. J. Geile, Pro-Tem
Commissioner George E. Baxter
Commissioner Dale K. Hall
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Robert Anderson
Health Department'representative, Trevor Jiricek
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated September 1, 2000, and duly published
September 7, 2000, in the South Weld Sun, a public hearing was conducted to consider the
request of Steve and Carole Applegarth for a Site Specific Development Plan and Use by Special
Review Permit #1274 for a Home Business (recreational vehicle storage yard) in the
A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this a matter of
record. Robert Anderson, 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. Anderson gave a brief description of the location of the site,which is approximately
3.978 acres in size. He stated the site is currently vacant, it is planted with native grasses, and the
applicant lives on the parcel located to the east. Mr. Anderson stated he has received no
correspondence from surrounding property owners; however, several have called to indicate their
support of the proposal. He further stated four referral agencies responded indicating no conflicts,
four responded with comments or proposed conditions, and one was opposed to the proposal. Mr.
Anderson stated on July 11, 2000, the Planning Commissions for the Cities of Greeley and Evans
reviewed the application. The City of Greeley recommends approval; however, the City of Evans
dismissed the applicant without hearing the proposal. Mr. Anderson stated staff recommends
approval as indicated in the Administrative Review. In response to Commissioner Vaad, Mr.
Anderson stated the City of Evans would not consider the case because it has designated the area
as low-density residential, and this proposal is for a commercial or industrial use. He stated the
referrals dated May 22, 2000, and July 25, 2000, submitted by the City of Evans indicate the
proposal is not compatible with its Comprehensive Plan or the Coordinated Planning Agreement
adopted on October 4, 1999. Responding to Commissioner Geile, Mr. Anderson stated the
applicant originally applied for a home business; however,the Weld County Planning Commission
did not feel that the proposed use qualified as such. He further stated the site will have water for
landscaping, and there is no residence on the site. Regarding Development Standard #13, Mr.
Lie : ,2 ALL(SP) P/O 2000-2326
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HEARING CERTIFICATION - STEVE AND CAROLE APPLEGARTH (USR#1274)
PAGE 2
Anderson indicated the owner resides on the adjacent property and will provide the water for
landscaping as required by Condition of Approval #2.A. Responding to Commissioner Hall, Mr.
Anderson stated the site is located directly across the street from the main entrance of HIM-N-Park
Subdivision, and the City of Evans has designated this area as low-density. Commissioner Hall
stated Hill-N-Park does not seem to be low-density. Trevor Jiricek, Weld County Department of
Public Health and Environment, stated the applicant's residence will be used for the office of the
storage facility and will also provide restroom facilities for any of the patrons. In response to
Commissioner Geile, Mr. Morrison stated this proposal does not qualify as a home business. He
added the Board cannot place a Condition of Approval on an adjacent property which is not
included in the permit area, as is implied by requiring the applicant to provide use of restrooms in
the residence. He further stated the City of Evans determined this is not a home business. Rather,
it is a commercial/industrial use which is not consistent with the designated use of the area.
Responding to Commissioner Baxter, Mr. Morrison stated if either the storage business or the
applicant's residence is sold, there will be no restroom facilities available for this site. Chair
Kirkmeyer commented the site may not need restroom facilities if the customers are not staying
for extended amounts of time. Mr. Morrison stated this use would still be considered a storage yard
as long as there is minimal repair work done to the items stored on the site. Commissioner Baxter
stated the vehicle owners would be doing the repairs, not the applicant.
Carole Applegarth, applicant, reviewed photographs of the surrounding area and uses, marked
Exhibit 24. Responding to Commissioner Baxter, Ms. Applegarth stated Meyer Storage operates
approximately one-quarter away and provides storage buildings for miscellaneous items. She
sttated her property is in Weld County and she is not aware of any other nearby business that is
required to provide a public restroom. Ms. Applegarth stated she would like to provide the service
because many of the new developments do not allow storage of recreational vehicles. She
submitted a letter from Loretta Fleck, marked Exhibit E. In response to Commissioner Geile, Ms.
Applegarth stated she does not intend to allow vehicle repair on the site, other than checking the
oiil,and she reviewed the proposed landscaping plan. Ms.Applegarth stated they have done major
improvements to their property,and she will operate a reputable business that will benefit the value
of surrounding properties. In response to Commissioner Geile, Ms. Applegarth stated she will not
deny use of the restrooms in her home, but she clarified that other storage yards in the Front
Range area do not provide restroom facilities. Commissioner Hall stated restroom facilities must
be provided in areas that accommodate the public, but he is willing to consider this issue
independently because it appears the public will only be staying for short amounts of time. In
response to Ms.Applegarth,Commissioner Baxter stated the surrounding operations may not have
restrooms; however, if they were to apply today, they would be required to have them.
Joan Ham, County resident, stated she is in favor of this proposal, and indicated that provision of
restroom facilities should not be an issue because the customers will have access to their self-
contained vehicles with restrooms.
Debbie Porter, surrounding property owner, stated the City of Evans did not want to approve this
request because the site is zoned Agricultural and indicated Ms. Applegarth should consider
rezoning her property. Ms. Porter stated she supports the proposal, because the applicants have
done a nice job improving the property, it would be a valuable service to the area, and she is sure
they will comply with the Conditions of Approval. There being no further comments, Chair
Kirkmeyer closed public testimony.
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In response to Chair Kirkmeyer, Ms. Applegarth stated she has reviewed and agrees with the
Conditions of Approval and Development Standards. Commissioner Geile stated Development#11
is not necessary for this use. Mr. Jiricek explained staff recommended this condition when it was
thought to be a home business, with a residence on the same lot as the proposed use.
Responding to Chair Kirkmeyer, Mir. Jiricek stated the Weld County Zoning Ordinance requires
septic systems for sites where people meet or congregate. He stated a waiver of that requirement
for this situation is at the Board's discretion. Mr. Morrison stated the Condition's could be modified
to require the applicant to place restrooms on the site only if one of the lots is sold. Chair
Kirkmeyer suggested amending Development Standard #11 by deleting "at the applicant's
residence." Commissioner Baxter stated this is a new home and he is not sure that Condition of
Approval#2.C is necessary. Ms.Applegarth stated the septic system is four years old. Mr. Jiricek
stated it would be difficult to determine the necessary size of the system because of the
inconsistent amount of users. Commissioner Hall stated he does not think restroom facilities
should be required for this application because people will be coming to pick up their vehicles and
leaving. Mr. Morrison stated this site is located within the Coordinated Planning Agreement
boundaries of the City of Evans and Section 3.3.G of that Agreement requires the Board make its
findings based on whether the applicant has met certain criteria,which he read into the record. Mr.
Anderson stated he did notify Elizabeth Relford, City of Evans Planner, of today's hearing date at
a previous meeting; however, there is no representation from the City in attendance. In response
to Chair Kirkmeyer and Commissioner Baxter, Mr. Morriison reviewed the criteria according to the
Coordinated PlanningisAgreement. Ms. Applegarth stated she resents the input from the City of
Evans because she is located within Weld County, not the City of Evans.
Commissioner Hall moved to approve the request of Steve and Carole Applegarth for a Site
Specific Development Plain and Use by Special Review Permit #1274 for a Home Business
(recreational vehicle storage 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. He stated there will be no
conflict with the surrounding high-density residential and commercial uses, the Conditions of
Approval and Development Standards will mitigate any potential conflicts, and it is unreasonable
to consider this area as low-density residential with a high-density development directly across the
street and other existing industrial/commercial uses in the area. Commissioner Hall's motion also
included the deletion of Condition of Approval #2.C, as well as Development Standard #11. The
motion was seconded by Commissioner Geile. Commissioner Baxter stated this site is located
within Weld County, therefore the Board has the ultimate decision for the use of this property. He
stated the comments of the City of Evans were taken into consideration, along with the terms of
the Coordinated Planning Agreement. The motion carried unanimously.
2000-2326
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HEARING CERTIFICATION - STEVE AND CAROLE APPLEGARTH (USR #1274)
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This Certification was approved on the 25th day of September 2000.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
W LD COUNTY, COLO DO
-
ATTEST: I ���,�,>, p���
arbara J. ey r, Chair
Weld County Clerk to the tar. v
ftpjYf� . J. ile, �ro-Tem
BY:
Deputy Clerk to the Bob Q of "r
� ll� c G e . Baxter
TAPE #2000-28
Dale K. Hall
DOCKET#2000-45 EXCUSED DATE OF APPROVAL
Glenn Vaad
2000-2326
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EXHIBIT INVENTORY CONTROL SHEET
Case USR#1274 - STEVE AND CAROLE APPLEGARTH
Exhibit Submitted By Exhibit Description •
A. Planning Staff Inventory of Item Submitted
El. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 08/15/2000)
D. Clerk to the Board Notice of Hearing
E. Loretta Fleck Letter of Support (07/10/2000)
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 20TH DAY OF SEPTEMBER, 2000:
DOCKET#2000-40 - FAITH TABERNACLE CHURCH
DOCKET#2000-45 - STEVE AND CAROLE APPLEGARTH
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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