HomeMy WebLinkAbout20170235.tiffHEARING CERTIFICATION
DOCKET NO. 2017-04
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR16-0035, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (PARKING AND STORAGE OF CONSTRUCTION VEHICLES, AND
MATERIALS AND EQUIPMENT ALONG WITH OFFICES ASSOCIATED WITH THE
CONSTRUCTION COMPANY) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN
APPROVED OR RECORDED PLAT OR PART OF A MAP OR PLAN FILED PRIOR TO
ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A
(AGRICULTURAL) ZONE DISTRICT - OTTO AND KAREN LUHRS
A public hearing was conducted on January 25, 2017, at 10:00 a.m., with the following present:
Commissioner Julie A. Cozad, Chair
Commissioner Steve Moreno, Pro-Tem
Commissioner Sean P. Conway - EXCUSED
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
Acting Clerk to the Board, Tisa Juanicorena
Assistant County Attorney, Bob Choate
Planning Services Department representative, Chris Gathman
Public Works Department Representative, Evan Pinkham
Planning Services Engineer representative, Hayley Balzano
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated December 16, 2016, and duly published
December 21, 2016, in the Greeley Tribune, a public hearing was conducted to consider the
request of Otto and Karen Luhrs, for a Site Specific Development Plan and Use by Special Review
Permit, USR16-0035, for any Use permitted as a Use by Right, Accessory Use, or Use by Special
Review in the Commercial or Industrial Zone Districts (parking and storage of construction
vehicles, materials and equipment along with offices associated with the construction company
and a campground for five (5) RV/camper spaces [for overnight stays] for employees associated
with the construction company) provided that the property is not a lot in an approved or recorded
plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions in
the A (Agricultural) Zone District. Bob Choate, Assistant County Attorney, made this a matter of
record.
El Chair Cozad reviewed, for the public, the procedures to follow should the matter result in a
tie vote due to four Commissioner's being present and one Commissioner excused.
Chris Gathman, Department of Planning Services, presented a brief summary of the
proposal to include the hours of operation, number of round trips per day, equipment and materials
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storage, existing buildings, and the request for five (5) camper spaces to allow temporary RV
parking to house employees wishing to live on -site. He confirmed this application is the result of
an active Zoning Violation, ZCV16-00042, due to parking and storage of construction vehicles,
materials and equipment without the proper zoning permits. In response to Chair Cozad,
Mr. Gathman clarified the zoning violation initiation date as May 4, 2016. He described the
surrounding area, adjacent uses, and nearest single family residence, and stated no
correspondence in objection of this case has been received. He stated the site is located in the
three (3) mile referral area of the Towns of Erie and Dacono, the City and County of Broomfield,
and Adams County and he reviewed the referral response from Broomfield County referencing
the access approval. In response to Chair Cozad, he explained the jurisdiction of Broomfield
County in relation to the County Road (CR) 11 access permit process for this application.
Mr. Gathman stated 17 referrals were sent out with nine (9) responses received and he described
the discussion at Planning Commission regarding the limitations suggested in relation to the RV
camper spaces being provided for the construction employees. He displayed photos and entered
the favorable recommendation of the Planning Commission into the record as written. In response
to Commissioner Kirkmeyer, he reviewed the reason for the zoning violation.
Evan Pinkham, Department of Public Works representative, provided a brief overview of the
transportation plans stating CR 11 is completely owned and maintained by the City and County
of Broomfield; therefore, the applicant needs to obtain the access permit from that jurisdiction.
Commissioner Kirkmeyer requested staff do more research to determine the accurate jurisdiction
regarding the Access Permit because a Maintenance Agreement does not delegate jurisdiction
regarding Access Permits and due to the fact it is a County Line, the Access Permit may default
to Weld County. Chair Cozad expressed her agreement with Commissioner Kirkmeyer that an
answer is pertinent before moving forward in light of there being four (4) accesses. Mr. Gathman
provided a map with the zoning layer and stated the zoning boundary stops to the east of CR 11,
and portrays CR 11 as entirely in Broomfield County. Mr. Choate interjected that he found a
Maintenance Agreement that expired in 2001, which he believes is the year that the County of
Broomfield incorporated.
Hayley Balzano, Planning Services Engineer representative, presented the drainage
variance, as submitted by the applicant, with existing improvements that prevent a change in
runoff for the proposed use which satisfies Condition of Approval (COA) #1.A; therefore, that
requirement can now be deleted. She reviewed the other Conditions and Development Standards
(DS) typical for drainage and grading requirements.
Ell Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions stating the existing house and shop are serviced by the Central Weld County Water
District. The septic system that is permitted for the house is sized for a three (3) bedroom home
and a commercial shop for five (5) employees; however, if there is additional use it will require an
engineering evaluation. She reported the application materials state the intent to install a new
septic system for the camping trailers and the office, however, it is acceptable to use a portable
toilet for employees. She stated Development Standards (DS) #7-17 address relative
Environmental Health items.
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• Otto Luhrs, applicant, stated his intent to allow the construction company to lease his
property and to be in compliance. He clarified the four (4) accesses came with the purchase of
the property and only two (2) of them are used often.
• John Goltl, surrounding property owner, stated he has no criticism for the application but he
expressed his frustration regarding the lack of care and maintenance of CR 11 since Broomfield
took responsibility for the maintenance.
• In response to Commissioner Kirkmeyer, Mr. Luhrs explained he leases the property to a
construction company that has employees who move around from job to job and have requested
to live on -site for the duration of the job. Commissioner Kirkmeyer expressed her concern that the
temporary camper spaces portion of the application does not fit the Code.
• Commissioner Moreno followed up with his concerns related to the discussion that took
place at Planning Commission regarding the change in hours of operation due to the RV camper
accommodation. In response to Commissioner Moreno, Mr. Choate interjected his reasons for his
suggested language to limit the RV use, per the desire of the Planning Commission.
• Chair Cozad agreed with the concerns of Commissioner Kirkmeyer regarding the temporary
employee housing and cited concerns of her own related to environmental issues. Commissioner
Freeman concurred.
Mr. Luhrs asked if it were a more permanent situation would it be acceptable, to which Chair
Cozad stated the option to apply for employee housing as a part of the permit process if it is
permanent housing. Commissioner Kirkmeyer interjected the Code compliant example of a dairy
farm that provides permanent housing for employees that work on -site. In response to Chair
Cozad, Mr. Luhrs acquiesced to the removal of that portion of the proposal, as it does not meet
the requirements of the Code.
• In response to Commissioner Kirkmeyer, Chair Cozad read Broomfield's comments
regarding the existing access points being acceptable, with no changes anticipated. Mr. Luhrs
stated he submitted a proposal to Broomfield and they responded in approval. He reiterated that
these accesses existed before he purchased the property. After further discussion, the Board
agreed to create a new Condition of Approval (COA) #1.C.10, to show and label the four (4)
accesses as approved by the City and County of Broomfield.
Ei Commissioner Kirkmeyer moved to remove from the Resolution all references to the
campground for five (5) RV/camper spaces for overnight stays for employees associated with the
construction company. The motion was seconded by Commissioner Moreno and it carried
unanimously.
Chair Cozad suggested amending the hours of operation on DS #3. After consulting the
applicant, the Board agreed to change the hours to reflect 24 hours a day and 365 days a year.
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Chair Cozad reviewed the changes.
In response to Chair Cozad, Mr. Luhrs indicated he has reviewed, and agrees to abide by,
the Conditions of Approval and Development Standards, as amended.
In Commissioner Kirkmeyer moved to approve the request of Otto and Karen Luhrs, for a Site
Specific Development Plan and Use by Special Review Permit, USR16-0035, for any Use
permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (parking and storage of construction vehicles, and materials and
equipment along with offices associated with the construction company) provided that the
property is not a lot in an approved or recorded plat or part of a map or plan filed prior to adoption
of any regulations controlling subdivisions 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 Moreno, and it carried unanimously. There being no further discussion, the
hearing was completed at 10:59 a.m.
This Certification was approved on the 30th day of January, 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COU Y, COLOO
ATTEST: ddilto)W ;ok
Weld County Clerk to the Board
BY a
puty Clerk to the Board
Ju i= • . Cozad, Chair
Steve Moreno, Pro -Tern
EXCUSED
Sean P. Conway
AP •V ,► O FORy '_ I��
Mike Freeman
unty Attorney
rbara Kirkmeyer
Date of signature: oal t5/ I 1
2017-0235
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