HomeMy WebLinkAbout951080.tiff HEARING CERTIFICATION
DOCKET NO. 95-37
RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT #1078 FOR A
FARM IMPLEMENT BUSINESS IN THE A (AGRICULTURAL)ZONE DISTRICT - ROBERT
AND DONNA CONNELL
A public hearing was conducted on May 31, 1995, at 10:00 a.m., with the following present:
Commissioner Dale K. Hall, Chairman
Commissioner Barbara J. Kirkmeyer, Pro-Tem
Commissioner George E. Baxter
Commissioner Constance L. Harbert
Commissioner W. H. Webster
Also present:
Acting Clerk to the Board, Shelly Miller
Assistant County Attorney, Lee Morrison
Planning Department representative, Todd Hodges
The following business was transacted:
I hereby certify that pursuant to a notice dated May 15, 1995, and duly published May 18, 1995, in
the Windsor Beacon, a public hearing was conducted to consider the request of Robert and Donna
Connell for a Site Specific Development Plan and Special Review Permit for a farm implement
business in the A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this
a matter of record. Todd Hodges, Planning Department representative, stated this Permit will allow
the applicants to store equipment until they sell it. He noted the Colorado Department of
Transportation has restricted access off Highway 14 to only one access. Mr. Hodges stated staff
recommends changing the time requirement to submit the plat for recording from 15 to 30 days in
Condition of Approval #1. He then entered the favorable recommendation of the Planning
Commission into the record as written. Mr. Hodges noted the Town of Ault Planning Commission
had requested additional Conditions of Approval; however, staff did not change any Conditions at
the Planning Commission hearing and feels concerns have been addressed. Robert Connell,
applicant, was present and stated all Conditions of Approval and Development Standards are
acceptable and will be met. He submitted a petition signed by local farmers and citizens of the
surrounding community in support of the proposal, which was marked as Exhibit B. Responding
to questions from the Board, Mr. Connell confirmed one access will be closed, and only one access
will exist. He stated plans include selling small, used farm and livestock equipment from this
location, and nothing will be salvaged. Mr. Connell stated he will keep the property neat by keeping
the equipment in rows and confirmed his property is surrounded by farm ground on all sides. J. W.
Hutcheson, surrounding farmer, submitted documents, Exhibit C for the record, from the Colorado
Supreme Court, Water Division No. 1, concerning a lawsuit involving the City of Thornton. He
explained the City of Thornton owns over 90 farms in the area and intends to take the water and
make them dryland. Mr. Hutcheson voiced his opposition to this project and answered questions
from the Board. Ed Lesh, member of the Ault Planning Commission, also voiced his opposition to
the proposal and requested the Board heed the Ault Planning Commission's advice. Addressing
said request, Mr. Hodges stated the setback of 75-feet could be a problem and render the open
space useless. He noted Mr. Connell cannot build in the right-of-way reservation, but he could store
equipment in it as shown on the plat. He stated screening was not stipulated and confirmed the
Permit, which covers 3.5 acres, is consistent with the property boundaries of Lot B of RE #1666
which was approved approximately six months ago. Mr. Connell stated his lot would look better
than Mr. Lesh's business which is in the Town of Ault and confirmed any items stored for a period
of time will be sold at auction. He confirmed weeds would be maintained and, after further
discussion, agreed to screen any machinery not ready to sell. He explained the junk previously on
the property was from an estate sale and was stored until it could be sold or cleaned up. Mr.
Connell reiterated this is a totally different operation and no junk will be on the property. He stated
the drive areas will be graveled if the grass does not keep the ruts and mud to a minimum. He also
confirmed he has had a sales tax license since 1975 and charges tax on all items he sells except
for wholesale. Mr. Connell stated a 75-foot setback would limit his display area and requested a
minimum 50-foot setback. He also stated some of the equipment will be repaired and painted and
confirmed all equipment will be operable before it is displayed or sold. He noted he does not want
the equipment too close to the property line either. Mr. Morrison clarified the difference between
dedication and reservation of right-of-way. Mr. Connell noted the one acre on the east end of the
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RE: HEARING CERTIFICATION - CONNELL
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property would be fenced off and sold, and he stated he has not conducted any business since the
County requested he acquire this Permit. He requested the Permit be transferrable, and Mr.
Morrison clarified the various types of permits that are normally not transferrable. (Changed to Tape
#95-19.) Mr. Morrison also clarified joint enforcement between the County and the Town of Ault
would not be appropriate in the Permit; however, an intergovernmental agreement could be entered
into. He noted the Town of Ault and any citizen can lodge complaints regarding noncompliance.
Responding to further questions from the Board, Mr. Connell reiterated he would prefer a 60-foot
setback to a 75-foot setback and agreed to screen the back of his property for storage; however,
he requested the display area not be screened. Commissioner Kirkmeyer suggested a screening
plan be submitted prior to recording the plat, and Commissioner Webster suggested the Permit be
transferrable. Commissioner Harbert stated she has a problem with the whole proposal because
the lot is too small for a house and business and will be on a scenic byway and entryway to the
Town of Ault. She also noted there are Industrial and Commercial areas for this type of operation.
Commissioner Kirkmeyer agreed with Commissioner Harbert to an extent; however, she noted
Weld County is an agricultural county and this proposal is an agricultural use. She also stated if
this is done properly, it could enhance the area. Commissioner Kirkmeyer moved to approve the
request of Robert and Donna Connell for a Site Specific Development Plan and Special Review
Permit for a farm implement 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 and changing the requirement of
15 to 30 days in Condition of Approval #1 and adding Condition of Approval #6 requiring a
screening plan be received and approved by Planning staff prior to recording the plat. After
discussion, Commissioner Kirkmeyer amended her motion to require the screening plan be
approved by the Board. Commissioner Webster seconded the motion. Mr. Morrison further
clarified the 75-foot right-of-way reservation would not preclude display, and Commissioner
Kirkmeyer again amended her motion to include the display area be setback 75 feet from the
centerline of Highway 14. Commissioner Webster agreed to said amendment. Commissioner
Baxter stated he, too, has reservations concerning this proposal; however, he noted the petition
of support signed by local businessmen and farmers and stated with the Conditions of Approval and
Development Standards to mitigate the problems, the proposal should add to the area since it is
agriculturally related. The motion carried four to one, with Commissioner Harbert voting nay.
This Certification was approved on the 5th day of June, 1995.
APPROVED:
ATTEST: �f// BOARD OF COUNTY COMMISSIONERS
VV'cL LD COUNTY, OLORADO
Weld CountytIeck loathe oard
%L :� ' , / ) Da K. Hall, Chairman
'Deputy Clerk to the Board ----
Barb ra J. Kirkmeyer, ro-Tem
TAPE #95-18
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Ge�E. BaxterBaxter
DOCKET#95-37 /
Constance L. Harbert
PL0995
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 31ST DAY OF MAY, 1995:
DOCKET#95-36 - USR #1079 for Dwayne and Carol Bowen
DOCKET#95-37 - USR#1078 for Robert and Donna ConeII
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) HEARING ATTENDING
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