HomeMy WebLinkAbout20171134.tiffHEARING CERTIFICATION
DOCKET NO. 2017-32
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR17 0004, FOR RECREATIONAL FACILITIES AND USES INCLUDING PUBLIC
CAMPING FOR A PERIOD NOT TO EXCEED 90 DAYS, AND ONE (1) SINGLE-FAMILY
DWELLING UNIT PER LOT OTHER THAN THOSE PERMITTED UNDER SECTION 23-
3-20.A (SECOND SINGLE-FAMILY DWELLING UNIT) IN THE A (AGRICULTURAL)
ZONE DISTRICT — GARY REINKE
A public hearing was conducted on May 3, 2017, at 10:00 a.m., with the following present:
Commissioner Julie A. Cozad, Chair
Commissioner Steve Moreno, Pro -Tern
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
Acting Clerk to the Board, Stephanie Frederick
Assistant County Attorney, Bob Choate
Planning Services Department representative, Kim Ogle
Public Works Department representative, Evan Pinkham
Planning Services Engineer representative, Hayley Balzano
Health Department representative, Lauren Light
The following business was transacted:
hereby certify that pursuant to a notice dated March 16, 2017, and duly published
March 21, 2017, in the Greeley Tribune, a public hearing was conducted to consider the request
of Gary Reinke, for a Site Specific Development Plan and Use by Special Review Permit,
USR17-0004, for Recreational Facilities and uses including public for a period not to exceed six
(6) months and one (1) single-family dwelling unit per lot other than those permitted under Section
23-3-20.A (second single-family dwelling unit) in the A (Agricultural) Zone District. Bruce Barker,
County Attorney, made this a matter of record.
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and
stated the parcel is in the three (3) mile referral area of the Town of Eaton and the City Greeley.
He stated there are three (3) property owners within 500 feet of the property line. Mr. Ogle
reported the property currently has two (2) single-family homes, one house is for the applicant's
personal use and the second one he would like to utilize as a rental property; he is using the
existing concrete pad to park four (4) recreational vehicles being used as transient housing. He
stated there is a zoning violation ZVC16-00412, due to the extra vehicles which are being parked
out on the property, and he entered the favorable recommendation of the Planning Commission
into the record as written.
ki In response to Commissioner Kirkmeyer, Mr. Ogle stated he believes the lot is three (3)
acres. He displayed photographs of the site and its location.
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• In response to Commissioner Moreno, Mr. Ogle stated the RV's are parked on a concrete
pad where an apartment building was at one time.
• Evan Pinkham, Public Works Department representative, provided a brief overview of the
transportation plans and requirements. He reported that access to the site is on County Road
(CR) 66, under access permit AP17-00099. He stated CR 66 is a paved collector road and the
last ADT showed there is 27% trucks on the road. He stated staff will not require tracking control,
nor an improvements agreement.
Hayley Balzano, Planning Services Engineer representative, presented the drainage and
grading requirements.
• Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions. She explained the two (2) existing homes are served by the North Weld Water District,
and the applicant believes there is one septic that serves both homes but staff was unable to
locate a permit. Staff is requesting an evaluation, because they are unable to determine if there
are existing permits on the property. Ms. Light stated Condition of Approval (COA) #1.A was
added because the septic will need to be brought into compliance. She stated since the campers
are proposed to be parked six (6) months, or less, staff is fine with having a pumper come to the
site. She explained staff added several items pertaining to waste, dust items and a commercial
noise limit, which are reflected in Development Standards #7 through #16.
• Ms. Light explained the differences between a commercial and residential zone noise
decibel, and stated there isn't an agricultural zone noise decibel restriction
• Sheri Lockman, applicant representative with Lockman Land Consulting, LLC, presented the
project details, requesting the seconded residence be permitted through the USR process and
park four (4) RV's on the concrete pad that was left from an old building. Ms. Lockman stated her
applicant is fine with the six (6) month timeline. She acknowledged he is in violation for having
the vehicles parked on his property. She reported no one showed up for the neighborhood
meeting.
• No public testimony was offered concerning this matter.
• In response to Commissioner Kirkmeyer, Ms. Lockman stated this used to be part of Munson
Farms before it was purchased by Mr. Reinke, in the year 2000, with the two (2) homes on it.
However, he believed he could have the homes and hasn't been able to find any non -conforming
use record explaining if the house is abandoned it should not be replaced.
Gary Reinke, applicant, clarified the property is only two (2) acres.
Mr. Ogle stated there is a definition for Campground, but since the applicant is charging for
camping he used the Commercial Camping definition. Commissioner Kirkmeyer wanted to know
how commercial camping is consistent with the intent of agricultural use.
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• Commissioner Kirkmeyer stated she understands the issue of the two (2) homes but she
does not agree with commercial camping up to 180 days, furthermore, the site isn't equipped with
water and she will not approve an RV dump station.
In response to Commissioner Kirkmeyer, Ms. Lockman explained a pumper comes every
two (2) weeks that pumps all the RV's and the port -a -potty. Commissioner Kirkmeyer stated the
applicant will need to get a water tap approved by the City of Greeley as stated in DS #17.
Commissioner Kirkmeyer stated she has a couple of issues: the first being meeting the intent of
the Agricultural Zone District, if people are residing in the RV's for six (6) months. She stated her
wiliness to compromise on the length of the time frame.
• Commissioner Moreno asked for clarification about the commercial camping and again
asked Mr. Ogle to explain the difference. Commissioner Freeman expressed his confusion about
calling this a Commercial Campground, versus Recreational Campground.
• Commissioner Conway agreed with Commissioner Freeman about the difference of a
commercial campground, versus a Recreation Campground.
• Mr. Ogle explained how staff came up with commercial campground.
• Commissioner Kirkmeyer stated she believes this is becoming a mobile home park with
people staying for six (6) months.
• Commissioner Freeman stated the definition says they can live in recreational vehicles for
up to six (6) months
• Chair Cozad stated this is a two (2) acre campground, the people camping there are getting
charged, but she believes that six (6) months is too long of a time frame.
• Commissioner Kirkmeyer stated it is being called a Campground, but people are actually
living there.
• Mr. Reinke explained he is contacted by potential campers and he is willing to go four (4)
months, or 120 days.
• Mr. Ogle clarified the designation for camping is per vehicle.
Mr. Choate read the recreational camping definitions and sent the language to the Board for
review.
• Commissioner Kirkmeyer moved to amend Development Standard #4, deleting the word
"commercial" and inserting the words "ninety (90)" days and deleting "120 days". Seconded by
Commissioner Moreno, upon a roll call vote, the motion passed four to one with Commissioner
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Freeman opposed. (Clerk's Note: this change was made throughout the Resolution for
consistency.)
In response to Chair Cozad, Ms. Light clarified there will need to be a Tier II evaluation done
with the septic system and staff will research the septic system.
Chair Cozad amended DS #11 to change from "commercial" to "residential" with regards to
noise level concerning DS #17, she stated the water service agreement is with the City of Greeley
and North Weld Water District (NWWD) as the secondary provider.
In response to Chair Cozad, Mr. Reinke and Ms. Lockman indicated they have reviewed, and
agree to abide by, the Conditions of Approval and Development Standards, as amended.
Commissioner Freeman moved to approve the request of Gary Reinke for a Site Specific
Development Plan and Use by Special Review Permit, USR17-0004, for Recreational Facilities
and uses including public camping for a period not to exceed 90 days, and one (1) single-family
dwelling unit per lot other than those permitted under Section 23-3-20.A (second single-family
dwelling unit) in the A (Agricultural) Zone District, based on the recommendations of Planning
staff and the Planning Commission, with the Conditions of Approval and Development Standards
as amended and entered into the record. The motion was seconded by Commissioner Conway,
and it carried unanimously. There being no further discussion, the hearing was completed at
12:16 a.m.
This Certification was approved on the 8th day of May, 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dirk%) •-dd40;eik
Weld County Clerk to the Board
BY• ty � 6
Clerk to the Board
AP' ' W D AS
County Attorney
EXCUSED DATE OF APPROVAL
Julie !j, Cozad, Chair
Steve Moreno, Pro-Tem
Date of signature: 5 ( ("T / (1
Sean P. Conway
yK0
ike Freeman
XCUSED DATE OF APPROVAL
Barbara Kirkmeyer
2017-1134
PL2467
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