HomeMy WebLinkAbout991976.tiff HEARING CERTIFICATION
DOCKET NO. 99-46
(CORRECTED)
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
#1230 FOR AN AGRICULTURAL SERVICE ESTABLISHMENT IN THE
A (AGRICULTURAL) ZONE DISTRICT -JOHN EICHHORN
A public hearing was conducted on July 14, 1999, at 10:00 a.m., with the following present:
Commissioner Dale K. Hall, Chair
Commissioner Barbara J. Kirkmeyer, Pro-Tem
Commissioner George E. Baxter- EXCUSED
Commissioner M. J. Geile
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Eric Jerman
Health Department representative, Sheble McConnellogue
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated June 30, 1999, and duly published July 3, 1999, in
the Fort Lupton Press, a public hearing was conducted to consider the request of John Eichhorn
for an Agricultural Service Establishment in the A (Agricultural) Zone District. Lee Morrison,
Assistant County Attorney, made this a matter of record. Eric Jerman, 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. Jerman stated the applicant proposes
to sell light industrial skidsters, tractors, and crawlers for farm, forestry, and landscape use. He
explained the operation is currently in violation and the applicant was directed to apply for a Use
by Special Review Permit to bring the operation into compliance. Mr. Jerman gave a brief
description of the location and surrounding uses, stated the site is accessed through the pasture,
and ten referral agencies responded in favor of the proposal. Mr. Jerman submitted referrals from
the Weld County Department of Public Health and Environment and Poudre Fire Authority, marked
Exhibits E and F, as well as additional proposed Conditions of Approval, marked Exhibit G. He
stated the applicant has met Condition of Approval #2.C, the Public Works Department is
requesting Condition #2.E be added to address the response received from Larimer County, and
one surrounding property owner, who is opposed to the proposal called this morning prior to the
hearing. Mr. Jerman stated the proposal is consistent with the Weld County Comprehensive Plan
and the Agricultural Zone District. He further stated the applicant is proposing to have an
apartment in the garage for an employee, the site is screened from the surrounding properties and
Weld County Road 13,the Town of Windsor indicated it has no concerns with the proposal,the site
is not located within an Overlay District, and no farmground will be taken out of production. Chair
Hall expressed concern with Condition of Approval #2.D by stating Larimer County should have
submitted specific Conditions of Approval. Don Carroll, Department of Public Works, stated
Larimer County does maintain this portion of road and has requested that 20 feet of right-of-way
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HEARING CERTIFICATION - JOHN EICHHORN (USR #1230)
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be shown on the plat to accommodate the future buildout of Weld County Road 13. Commissioner
Kirkmeyer commented that the right-of-way should be reserved, not dedicated. In response to
Commissioner Kirkmeyer, Mr. Carroll stated the letter from Larimer County, dated April 20, 1999,
indicates Minor Collector Roads are required to have 100 feet of right-of-way, and an additional 20
feet would total 50 feet of right-of-way on both sides of the road. Mr. Morrison stated Condition of
Approval #2.D is not necessary because Larimer County's concern is specifically addressed in
Condition #2.E. He further stated Larimer County maintains the road; however, the right-of-way
belongs to Weld County and the additional 20 feet should be reserved for Weld County.
Commissioner Kirkmeyer commented the right-of-way is not for either County; rather it is for the
road and the sentence should end after the number 13. In response to Chair Hall, Mr. Morrison
stated the Maintenance Agreement does not delegate the issuance of accesses to Larimer County.
In response to Commissioner Kirkmeyer, Mr. Carroll stated the main access is in place, he is not
sure who uses the alternate access, and Weld County Road 13 is classified as a local paved road.
Commissioner Kirkmeyer requested the abbreviations in Condition of Approval#2.A be spelled out.
In response to questions from Commissioner Kirkmeyer, Mr. Jerman stated the intent of
Development Standard #11 is to ensure the apartment is not randomly rented out and is used
solely by people employed at the site, and Ms. McConnellogue stated Development Standard #9
should be corrected to replace"residential"with"commercial". Mr. Carroll stated there is adequate
parking on-site and due to the distance from the site to the road, he does not feel it is necessary
to include wording prohibiting staging or parking on Weld County Road 13.
John Eichhorn, applicant, stated he has reviewed and agrees with the Conditions of Approval and
Development Standards, as well as the discussed changes. In response to Commissioner Geile,
Mr. Eichhorn stated he does maintenance on his personal vehicles and equipment; however, he
hires someone to maintain the equipment which is for sale. Responding to Commissioner
Kirkmeyer, Mr. Eichhorn stated the alternate access was established prior to his ownership of the
property and he uses it to access the site with his personal farming equipment.
Mark Brant, surrounding property owner, expressed concern with the sign of notification indicating
there would be lots. Mr. Jerman stated this application is not for a subdivision and will not be sold
to other commercial operations. In response to Mr. Morrison, Mr. Brant stated he does not live
within 500 feet of the site.
Commissioner Kirkmeyer moved to approve the request of John Eichhorn for a Site Specific
Development Plan and Special Review Permit#1230 for an Agricultural Service Establishment 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 and to amend Condition of Approval#2.A to spell out all abbreviations, delete the words
"at or engaged" from Condition #2.B, add Condition #2.D to state, "The plat shall be amended to
indicate an additional twenty (20) feet of road right-of-way reservation adjacent to Weld County
Road 13," amend Development Standard #9 to replace the word "residential" with "commercial",
and delete the words"at or engaged"from Development Standard#11. The motion was seconded
by Commissioner Vaad, and it carried unanimously.
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HEARING CERTIFICATION - JOHN EICHHORN (USR#1230)
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This Certification was approved on the 19th day of July, 1999.
APPROVED:
ATTEST: Lite / BOARD OF COUNTY COMMISSIONERS
La D COUNTY, COLO',•DO
Weld County Clerk to the al — -
�� �/ K./Hall,
.Chaff
BY: GU /- /if /�_
Deputy Clerk to the Bo �O y�h /f
�� Barbara J. Kirkmey-r, Pro-Te4h
TAPE #99-25
EXCUSED
George E. B r
DOCKET#99-46
. J. eile
Glenn Vaad
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