HomeMy WebLinkAbout20140294.tiff HEARING CERTIFICATION
DOCKET NO. 2014-01
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR13-0051, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE,
OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (75-SPACE RV PARK, AN EXISTING MOBILE HOME, CARETAKER'S
RESIDENCE, OFFICE, MAINTENANCE STORAGE BUILDING, OUTSIDE STORAGE
OF VEHICLES, BOATS, TRAILERS, CARS AND OTHER MISCELLANEOUS ITEMS)
PROVIDED THAT THE PROPERTY IS NOT IN AN APPROVED OR RECORDED
SUBDIVISION PLAT OR PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF
ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL)
ZONE DISTRICT-TERESA ANDERSON
A public hearing was conducted on February 5, 2014, at 10:00 a.m., with the following present:
Commissioner Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner William F. Garcia
Also present:
Acting Clerk to the Board, Susan Brown
Assistant County Attorney, Brad Yatabe
Planning Department representative, Diana Aungst
Public Works representative, Jennifer Petrik
Health Department representative, Mary Evett
The following business was transacted:
e I hereby certify that pursuant to a notice dated January 2, 2014, and duly published
January 7, 2014, in the Greeley Tribune, a public hearing was conducted to consider the
request of Teresa Anderson, for a Site Specific Development Plan and Use by Special Review
Permit, USR13-0051, for any use permitted as a Use by Right, Accessory Use, or Use by
Special Review in the Commercial or Industrial Zone Districts (75-space RV Park, an existing
mobile home, caretaker's residence, office, maintenance storage building, outside storage of
vehicles, boats, trailers, cars and other miscellaneous items) provided that the property is not in
an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any
regulations controlling subdivisions in the A (Agricultural) Zone District. Brad Yatabe, Assistant
County Attorney, made this a matter of record.
El Diana Aungst, 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. Adjacent properties are pastures, crops and rural residences, the closest
residence is 160 feet north of the property line, and she reviewed surrounding land-use in the
area. Ms. Aungst presented images of the property and reviewed the site plan. She indicated
there are no reported concerns from surrounding property owners, and proposed screening is a
line of trees around the RV area.
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• Jennifer Petrik, Department of Public Works, provided a brief overview of the
transportation plans and requirements, and suggested two changes to the resolution: changing
the word "may" to "will" in Condition of Approval #1.F, and changing Condition of Approval
#1.H.9 to state CR18 is designated a collector road, versus local, requiring 80-feet (instead of
60-feet) of right-of-way before build-out.
e Mary Evett, Department of Public Health and Environment, reviewed the water and sewer
provisions.
El Teresa Anderson, applicant, explained her project, indicating some people may want to
stay six months or longer in their RVs. In response to Chair Rademacher, Ms. Anderson
confirmed that she is served by the Central Weld County Water District, and written evidence of
that is required. Chair Rademacher said that indicates she is already in the municipal sub-
district, and Ms. Aungst said they want a fee and registration and the applicant may need to
discuss that with the sub-district. El Commissioner Kirkmeyer asked about Development
Standard #5, and Ms. Aungst said the Planning Commission added that language, and
temporary housing as defined by the Weld County Code is six months, so the intent was that
the applicant would comply with whatever the Code's definition was. Commissioner Conway
asked for confirmation this not a residential facility, and Ms. Anderson asked if there is any
provision to arrange for a stay slightly longer than six-months for temporary housing in a
contingency, such as the recent flooding.
▪ In Condition of Approval #1.F "may" was changed to "will" regarding required off-site
improvements, and Condition of Approval #1.H.9, was changed to "collector road" from "local
road", and the minimum of 60-feet was increased to 80 feet for right-of-way before buildout (in
accordance with the Code), by assent of the Board.
El Commissioner Kirkmeyer objected to Development Standard #5's reference to temporary
housing up to six-months; however, she is in support of a campground here because of the
proximity of the South Platte Valley History Park. The Code defines camping as limited to seven
(7) nights. She used the example of a man-camp (temporary housing for oil and/or gas field
workers) and the potential impacts and recommended Development Standard #5 be deleted.
Commissioner Freeman noted that seven days is a short vacation and a few more days would
not be a problem, and, in response to Chair Rademacher, it was confirmed there is a possibility
of recourse in coming back to planning citing extenuating circumstances. Commissioner Garcia
concurred with Commissioners Kirkmeyer and Freeman that a month is a more reasonable
amount of time. Chair Rademacher said the Code may also need to be revised to allow longer
recreational camping. Ms. Anderson noted that "snow birds" sometimes come for the entire
summer and she has relatives that come and stay for longer. Commissioner Kirkmeyer stated
the impacts of temporary housing are not being addressed in this USR, and there is a big
difference between camping and a mobile home park. Chair Conway suggested a compromise
amending the limit to 90-days, for campers who want to come up for the summer and leave in
the fall. Commissioner Freeman said because these are RV's, they can come and go, i.e. leave
for a day and then come back, and Commissioner Conway noted that could result in more
traffic.
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IR Commissioner Kirkmeyer stated if this project is more housing than recreation, then the
Conditions of Approvals and Development Standards need to be reexamined, as well as effects
on surrounding property owners. Commissioner Freeman noted that if the RV park is full, there
is the same impact, whether they stay for a longer time or not. Chair Rademacher concurred
with Commissioners Kirkmeyer and Garcia, and Commissioner Garcia suggested putting 30-day
language, and then the applicant can bring this up again with Planning as a minor amendment,
after getting an idea of how long people will actually want to stay. Commissioner Kirkmeyer
moved to amend Development Standard #5 to state "Recreational camping will be allowed for
up to 30 consecutive days.", and upon a roll-call, the motion passed 3-2 with Commissioners
Conway and Freeman opposed. No public testimony was offered concerning this matter.
Eti Ms. Anderson asked if a separate septic system is necessary since the RV's are only
staying 30-days and she has a serviced dump station. Chair Rademacher noted not all
campers have their own systems. Ms. Evett gave the option of a requirement that only self-
contained RV's would be allowed. It was explained there will be two septic systems, one for the
existing mobile home and one for the campers. Ms. Anderson stated she will mostly be catering
to larger RV's with their own facilities, and also asked if she could put the tanks in stages as her
business grows. There was further discussion, and it was determined septic tanks are
necessary, and those details would be further discussed with appropriate staff.
e In response to Chair Rademacher, Ms. Anderson said she has reviewed, and agrees to
abide by, the Conditions of Approval and Development Standards, as amended.
e Commissioner Garcia moved to approve the request of Teresa Anderson for a Site
Specific Development Plan and Use by Special Review Permit, USR13-0051, for any use
permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (75-space RV Park, an existing mobile home, caretaker's residence,
office, maintenance storage building, outside storage of vehicles, boats, trailers, cars and other
miscellaneous items) provided that the property is not in an approved or recorded subdivision
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 Conway,
and it carried unanimously. There being no further discussion, the hearing was completed at
10:51 a.m.
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This Certification was approved on the 10th day of February, 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUN COLORADO
ATTEST: o;ci (9c> btu w"
Dou s Radem cher, hair
Weld County Clerk to the Board
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/� • ara Kirkmeyer, ro-Tem
BY: 01.Q.O.. •
D y Clerk to the Board 1361 ! USED DATE OF APPROVAL
P. Conway
Mike Fr
6 illiam F. Garcia
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