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HomeMy WebLinkAbout20133314.tiffRESOLUTION RE: APPROVE REQUEST CONCERNING CONDITION OF APPROVAL #1.A FOR USE BY SPECIAL REVIEW PERMIT - JOHNSTON FAMILY FARMS, LLC, CIO DAVID LEE AND DONALD EYMANN/RECREATIONAL STORAGE SOLUTIONS 2, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on May 22, 2013, by Resolution #2013-1175, the Board approved the application of Johnston Family Farms, LLC, 2492 County Road 11, Erie, Colorado 80516, c/o David Lee and Donald Eymann/Recrational Storage Solutions 2, LLC, 1460 Lexington Avenue, Broomfield, Colorado 80023, for a Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (RV and boat storage, mini -storage, RV camping, and commercial tractor trailer storage) provided that the property is not a lot 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, on the following described real estate, being more particularly described as follows: Being part of the SW1/4 of Section 24, Township 1 North, Range 68 West of the 6th P.M., Weld County, Colorado WHEREAS, the Board was presented with a request from Planning Service Staff to remove Condition of Approval #1.A based on the new direction that on -site improvements agreements are no longer required, and WHEREAS, the Board heard all of the testimony and statements of those present and reviewed the request and, having been fully informed, finds that the request to remove Condition of Approval #1.A, as described above, be approved. NOW, THEREFORE, BE RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Planning Services Staff, on behalf of Johnston Family Farms, LLC, c/o David Lee and Donald Eymann/Recreational Storage Solutions 2, LLC, to remove Condition of Approval 1.A. for Use by Special Review Permit, USR13-0010, on the parcel of land described above be, and hereby is, approved. la-ll- t� 2013-3314 PL2215 REVISION REQUEST (USR13-0010) - JOHNSTON FAMILY FARMS, LLC, CIO DAVID LEE AND DONALD EYMANN/RECREATIONAL STORAGE SOLUTIONS 2, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 2nd day of December, A.D., 2013. BOARD OF COUNTY COMMISSIONERS WELD COJmTY,QOLORADO ATTEST: Weld County Clerk to the Board Deputy CI AP"SPDA unty Attorney Date of signature: DEC 1 6 2013 ( William Garcia, Chair Mg/CC-C-1 uo188 F �ma�yy, ou�las Radem her, Pro-Tem an P. Conway CUSED 2013-3314 PL2200 To: From: Subject: Date: MEMORANDUM Board of County Commissioners Diana Aungst, Planner II Revisions to Resolution — USR13-0010 (Recreational Storage Solutions2) December 2, 2013 Based on the new direction that on -site improvements agreements are no longer required staff is requesting that the resolution adopted on May 22, 2013 be revised to remove condition of approval 1.A. which states: The applicant shall enter into a Private Improvements Agreement According to Policy Regarding Collateral for Improvements and post adequate collateral for all transportation (access drive, parking areas, et cetera) and non -transportation (fencing, screening, drainage, et cetera) items. The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the USR plat. The applicant may submit evidence that all the work has been completed and reviewed by the Departments of Planning Services and Public Works. Background information: Legal Description: Lots A and B of Recorded Exemption RECX13-0008 Part of SW4 of Section 24, PIN, R68W of the 6th P.M., Weld County, CO Applicant: Johnston Family Farms LLC c/o David Lee Location: North and adjacent to County Road 6 and approximately .5 miles west of County Road 13 (Colorado Blvd) May 22, 2013: USR13-0010 was approved by the BOCC on May 29, 2013, for A Site Specific Development Plan and Special Review Permit for a Use Permitted as a Use by Right, an Accessory Use, or a Use By Special Review in the Commercial or Industrial Zone Districts, (RV & Boat Storage, Mini -Storage, RV Camping, and Commercial Tractor Trailer Storage) provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. 2013-3314 RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR13-0010, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (RV AND BOAT STORAGE, MINI -STORAGE, RV CAMPING, AND COMMERCIAL TRACTOR TRAILER STORAGE) PROVIDED THAT THE PROPERTY IS NOT A LOT 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 - JOHNSTON FAMILY FARMS, LLC, C/O DAVID LEE AND DONALD EYMANN/RECREATIONAL STORAGE SOLUTIONS 2, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 22nd day of May, 2013, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of Johnston Family Farms, LLC, 2492 County Road 11, Erie, Colorado 80516, c/o David Lee and Donald Eymann/Recreational Storage Solutions 2, LLC, 1460 Lexington Avenue, Broomfield, Colorado 80023, for a Site Specific Development Plan and Use by Special Review Permit, USR13-0010, for a Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (RV and Boat Storage, Mini -Storage, RV Camping, and Commercial Tractor Trailer Storage) provided that the property is not a lot 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, on the following described real estate, being more particularly described as follows: Being part of the SW1/4 of Section 24, Township 1 North, Range 68 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, the applicants were present, and WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of said Use by Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendation of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 23-2-230.B of the Weld County Code as follows: de: /}L, A°iav PIA), #tle') S- 30-/3 2013-1175 PL2215 SPECIAL REVIEW PERMIT (USR13-0010) - JOHNSTON FAMILY FARMS, LLC, C/O DAVID LEE AND DONALD EYMANN/RECREATIONAL STORAGE SOLUTIONS 2, LLC PAGE 2 A. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. 1) Section 22-2-20.G (A.Goal 7) states: "County land use regulations should protect the individual property owner's right to request a land use change." 2) Section 22-2-100.C (C.Goal 3) states: "All new commercial development should pay its own way." The applicant will be responsible for covering all costs for all on -site and any applicable off -site improvements associated with this use, as required through the Conditions of Approval and Development Standards. 3) Section 22-2-100.E (C.Goal 5) states: `Minimize the incompatibilities that occur between commercial uses and surrounding properties." 4) Section 22-2-20.G.2 (A.Policy 7.2) states: "Conversion of agricultural land to nonurban residential, commercial, and industrial uses should be accommodated when the subject site is in an area that can support such development, and should attempt to be compatible with the region." The applicant is requesting approval of a Use by Special Review permit to construct an RV and boat storage facility. The applicant would like to store RV and boat storage, mini -storage, RV camping, and commercial tractor trailer storage. The application materials indicated that the RV and boat storage will be outside, under a shelter and inside buildings. The applicant is also proposing mini -storage and ten (10) RV camping sites. The property is currently vacant land. The applicant is proposing a six (6) foot wood fence along County Road (CR) 6 and a six (6) foot chain link fence with slats along the east, west and north property lines that will screen this area. Landscaping is proposed along CR 6. This screening, along with the Conditions of Approval and Development Standards, will assist in mitigating the impacts of the facility on the adjacent properties. B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-40.S. of the Weld County Code allows for a Site Specific Development Plan and Use by Special Review Permit for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts, (RV and Boat Storage, Mini -Storage, RV Camping, and Commercial Tractor Trailer Storage) provided that the property is not a lot 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. 2013-1175 PL2215 SPECIAL REVIEW PERMIT (USR13-0010) - JOHNSTON FAMILY FARMS, LLC, CIO DAVID LEE AND DONALD EYMANN/RECREATIONAL STORAGE SOLUTIONS 2, LLC PAGE 3 C. Section 23-2-230.6.3 — The uses which will be permitted will be compatible with the existing surrounding land uses. The site is located adjacent to the Town of Dacono's corporate limits and outside of their Urban Growth Boundary. The site is also within three (3) miles of the Cities of Erie, Northglenn, Thornton and Broomfield. The adjacent properties are a mix of RV storage facilities, rural residences, agricultural uses, and some commercial and industrial uses. The nearest residence is located approximately 1,200 feet east of the east property line. The surrounding USRs include USR-1445 to the west of the subject property for storage of construction equipment. Additionally, USR-117 for 3,000 turkeys and USR-1341 for gravel mining lie to the south of CR 6. The Weld County Department of Planning Services has received no comments/concerns from the surrounding property owners. The Conditions of Approval, along with the Development Standards for this proposal, will assist in mitigating the impacts of the facility on the adjacent properties and attempt to ensure compatibility with surrounding land uses. D. Section 23-2-230.B.4 -- The uses which will be permitted will be compatible with future development of the surrounding area, as permitted by the existing zoning, and with the future development, as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site is located within three (3) miles of the Cities of Dacono, Northglenn, Thornton, the Town of Erie and the City and County of Broomfield. The City of Thornton and the Town of Erie did not respond but the other jurisdictions, in their respective referral comments, did not have any concerns with this USR. E. Section 23-2-230.6.5 — The application complies with Chapter 23, Article V, of the Weld County Code. Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program, County Facility Fee, and Drainage Impact Fee Programs. F. Section 23-2-230.B.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The proposed facility is located on approximately 15 acres of "Prime Irrigated;" approximately 27 acres of "Prime if they become irrigated;" and approximately 16 acres designated as "Other" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The proposed USR will take approximately 15 acres of Prime (Irrigated) farmland out of production. G. Section 23-2-230.B.7 — There is adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. 2013-1175 PL2215 SPECIAL REVIEW PERMIT (USR13-0010) - JOHNSTON FAMILY FARMS, LLC, C/O DAVID LEE AND DONALD EYMANN/RECREATIONAL STORAGE SOLUTIONS 2, LLC PAGE 4 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Johnston Family Farms, LLC, do David Lee and Donald Eymann/Recreational Storage Solutions 2, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR13-0010, for a Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (RV and Boat Storage, Mini -Storage, RV Camping, and Commercial Tractor Trailer Storage) provided that the property is not a lot 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, on the parcel of land described above be, and hereby is, granted subject to the following conditions: 1. Prior to recording the plat: A. The applicant shall enter into a Private Improvements Agreement According to Policy Regarding Collateral for Improvements and post adequate collateral for all transportation (access drive, parking areas, etcetera) and non -transportation (fencing, screening, drainage, etcetera) items. The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the USR plat. The applicant may submit evidence that all the work has been completed and reviewed by the Departments of Planning Services and Public Works. B. The applicant shall either submit a copy of an agreement with the property's mineral owner/operators stipulating that the oil and gas activities have been adequately incorporated into the design of the site, or show evidence that an adequate attempt has been made to mitigate the concerns of the mineral owner/operators. Drill envelopes may be delineated on the plat in accordance with the state requirements as an attempt to mitigate concerns. The plat shall be amended to include any possible future drilling sites. The applicant shall address the requirements/concerns of the Mountain View Fire Protection District, as stated in the referral response dated March 29, 2013. Written evidence of such shall be submitted to the Weld County Department of Planning Services. D. The applicant shall address the requirements/concerns of The Farmers Reservoir and Irrigation Company, as stated in the referral response dated March 21, 2013. Written evidence of such shall be submitted to the Weld County Department of Planning Services. E. The applicant shall submit a Lighting Plan to the Department of Planning Services, for review and approval. 2013-1175 PL2215 SPECIAL REVIEW PERMIT (USR13-0010) - JOHNSTON FAMILY FARMS, LLC, CIO DAVID LEE AND DONALD EYMANN/RECREATIONAL STORAGE SOLUTIONS 2, LLC PAGE 5 F. Signs shall be in compliance with Chapter 23, Article IV, Division II and Appendices 23-C, 23-D and 23-E of the Weld County Code. G. The applicant shall submit a Final Drainage Report signed and stamped by a Colorado registered Professional Engineer. H. The plat shall be amended to delineate the following: 1) All sheets of the plat shall be labeled USR13-0010. 2) The attached Development Standards. 3) The plat shall be prepared per Section 23-2-260.D of the Weld County Code. 4) The applicant shall delineate the trash collection areas. Section 23-3-350.H of the Weld County Code addresses the issue of trash collection areas. Areas used for storage or trash collection shall be screened from adjacent properties and public rights -of -way. These areas shall be designed and used in a manner that will prevent trash from being scattered by wind or animals. 5) The approved Parking Plan. 6) The approved Landscape/Screening Plan. 7) The approved Signage Plan. 8) The approved Lighting Plan. 9) CR 6 is designated on the Weld County Road Classification Plan as a collector road, which requires 80 feet of right-of-way at full buildout. There is presently 60 feet of right-of-way. An additional 10 feet shall be delineated on the plat as future CR 6 right-of-way. All setbacks shall be measured from the edge of future right-of-way. The applicant shall verify the existing right-of-way and the documents creating the right-of-way and this information shall be noted on the plat. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. 10) Show the approved access labeled with the approved access permit number (will be provided). 11) Label the turning radiuses into the site. A minimum of 45 -foot radiuses are required to allow trucks with trailers to turn. 2013-1175 PL2215 SPECIAL REVIEW PERMIT (USR13-0010) - JOHNSTON FAMILY FARMS, LLC, C/O DAVID LEE AND DONALD EYMANN/RECREATIONAL STORAGE SOLUTIONS 2, LLC PAGE 6 2. Upon completion of Condition of Approval #1 above, the applicant shall submit three (3) paper copies or one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the plat, the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The applicant shall be responsible for paying the recording fee. 3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the plat not be recorded within the required one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added for each additional three (3) month period. 4. The Department of Planning Services respectfully requests a digital copy of this Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB). The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps@co.weld.co.us. 5. Prior to construction: A. In the event that one (1) or more acres are disturbed during the construction and development of this site, the applicant shall obtain a Stormwater Discharge Permit from the Water Quality Control Division of the Colorado Department of Public Health and Environment. B. If more than one (1) acre is to be disturbed, a grading permit will be required prior to the start of construction. The Grading Permit Application must contain an Erosion and Sediment Control Plan, Grading Plan, installation details of all Best Management Practices (BMPs) to be utilized, typical installation and maintenance notes for all BMPs to be utilized, and a copy of the approved Colorado Department of Public Health and Environment (CDPHE) Stormwater Permit. 6. Prior to Operation of public restrooms: A. An Individual Sewage Disposal System (I.S.D.S.) is required for the public restrooms and shall be installed according to the Weld County I.S.D.S. Regulations. The septic system is required to be designed by a Colorado Registered Professional Engineer, according to the Weld County I.S.D.S. Regulations. 2013-1175 PL2215 SPECIAL REVIEW PERMIT (USR13-0010) - JOHNSTON FAMILY FARMS, LLC, C/O DAVID LEE AND DONALD EYMANN/RECREATIONAL STORAGE SOLUTIONS 2, LLC PAGE 7 7. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of May, A.D., 2013. BOARD • COUNTY COMMISSIONERS WEL• O NTY, COLORADO ATTEST: Weld County Clerk to the Boa BY: Deputy Clerk to the BEXCUSED W iam F. Garcia, Chair C cappo Douglas 6iademachek, Pro -Tern APP Date of signature: 549 Sean P. Conway "4 L. Mike Freeman unty ' ttorney L4,lcitcc_ arbara Kirkmeye, 1 2013-1175 PL2215 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS JOHNSTON FAMILY FARMS, LLC, CIO DAVID LEE AND DONALD EYMANN/RECREATIONAL STORAGE SOLUTIONS 2, LLC USR13-0010 1. A Site Specific Development Plan and Use by Special Review Permit, USR13-0010, is for a Use Permitted as a Use by Right, Accessory Use, or Use By Special Review in the Commercial or Industrial Zone Districts, (RV and Boat Storage, Mini -Storage, RV Camping, and Commercial Tractor Trailer Storage) provided that the property is not a lot 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. 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. 3. The hours of operations shall be seven (7) days a week, 24 -hour access, as stated in the application materials. 4. The number of on -site employees shall be limited to two (2) full-time employees. 5. The number of RV camping spaces shall be limited to ten (10). 6. All signs shall be in compliance with the Weld County Code. 7. The landscaping, screening, and sign(s) on the site shall be maintained in accordance with the approved Landscape/Screening/Sign Plans. 8. Should noxious weeds exist on the property, or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code. 9. The historical flow patterns and runoff amounts will be maintained on the site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to runoff rate and velocity increases, diversions, concentration and/or unplanned ponding of storm runoff. 10. Weld County is not responsible for the maintenance of drainage related features. 11. Alt liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.,) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 12. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S. 2013-1175 PL2215 DEVELOPMENT STANDARDS (USR13-0010) - JOHNSTON FAMILY FARMS, LLC, CIO DAVID LEE AND DONALD EYMANN/RECREATIONAL STORAGE SOLUTIONS 2, LLC PAGE 2 13. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, fugitive particulate emissions. blowing debris, and other potential nuisance conditions. 14. The applicant shall operate in accordance with the approved Waste Handling Plan, at all times. 15. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in accordance with the approved Dust Abatement Plan, at all times. 16. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone District, as delineated in Section 14-9-30 of the Weld County Code. 17. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the facility, at all times. Portable toilets and bottled water are acceptable for ten (10) or less customers or visitors per day and/or two (2) or less full-time (40 hour week) employees on the site. Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers. 18. A permanent, adequate water supply shall be provided for drinking and sanitary purposes when the number of customers or visitors per day exceeds ten (10) and/or there are three (3) or more full-time (40 hour week) employees on the site. 19. Sewage disposal for the facility shall be by septic system when the number of customers or visitors per day exceeds ten (10) and/or there are three (3) or more ful-time (40 hour week) employees on the site. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems (I.S.D.S.) 20. An Underground Injection Control (UIC) Class V Injection Well permit from the Environmental Protection Agency (EPA) is required for any large -capacity septic system (a septic system with the capacity to serve 20 or more persons per day). 21. The camping area shall be limited to self contained RV units until an appropriate engineer designed I.S.D.S., which complies with all provisions of the Weld County Code pertaining to I.S.D.S., is installed. 22. RV dump stations shall be connected to an appropriate engineer designed I.S.D.S., which complies with all provisions of the Weld County Code, pertaining to I.S.D.S. 23. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 2013-1175 PL2215 DEVELOPMENT STANDARDS (USR13-0010) - JOHNSTON FAMILY FARMS, LLC, C/O DAVID LEE AND DONALD EYMANN/RECREATIONAL STORAGE SOLUTIONS 2, LLC PAGE 3 24. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the plan. Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with, or construed as, traffic control devices. 25. Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program. 26. Building Permits issued on the lot will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. 27. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240 of the Weld County Code. 28. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250 of the Weld County Code. 29. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. 30. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards, as shown or stated, shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 31. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 32. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the Weld County Code, shall be placed on the plat and recognized at all times. 2013-1175 PL2215 Notice Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held before the Board of County Commissioners in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado, at the times specified below. The complete case file may be examined by calling or visiting the office of the Clerk to the Board of County Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631. E -Mail messages sent to an individual Commissioner may not be included in the case file. For inclusion of any correspondence prior to the Board of Commissioners hearing, e-mail egesick@co.weld.co.us. If a court reporter is desired for the hearing, please advise the Clerk to the Board's Office, in writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 336-7215, Ext. 4226, prior to the day of the hearing. All cases scheduled before the Board of County Commissioners are subject to continuance, due to lack of quorum or otherwise. Contact the Clerk to the Board's Office at the number above, for hearing continuance information. BOARD OF COMMISSIONERS DATE: December 2, 2013 TIME: 9:00 a.m. APPLICANT: Johnston Family Farms, LLC, c/o David Lee and Donald Eymann/Recreational Storage Solutions 2, LLC PLANNER: Chris Gathman REQUEST: Consider request to delete Condition of Approval #1.A of Site Specific Development Plan and Use by Special Review Permit, USR13-0010, for a Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (RV and Boat Storage, Mini -Storage, RV Camping, and Commercial Tractor Trailer Storage) provided that the property is not a lot 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 LEGAL DESCRIPTION: Being part of the SW1/4 of Section 24, Township 1 North, Range 68 West of the 6th P.M., Weld County, Colorado LOCATION: North of and adjacent to CR 6; approximately .5 miles west of CR 13. (See Legal Description for precise location.) SIZE: 57.76 acres, more or less. DATED: November 22, 2013 O 0 0 0 0 H CERTIFICATION OF MAILING WESTMINSTER 1460 LETINGTON AVENUE BROOMFILED 13738 STAR CREEK DRIVE z O H O O w O 0) J Q Z W r0 J W 0 O O • W O N • z w • O a z w O F- 1600 BLAKE STREET REGIONAL TRANSPORATION DISTRICT 11960 KEARNEY CIRCLE SUSAN TABLOT 5817 COUNTY ROAD 6 YONGGE AND SHOUA VUE CERTIFICATE OF MAILING L_ 3 o o rn U @ c N O D_ M O O 8 C • y N .0 N M E c a O o O N z C c `o a m CO o w a o = c C N O N j o w O • N_ N UJ o � d 8c .T c c EUv m o o w d m o a - - d d • .o m L 2 ro o flfl 0 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Signature Date Property Owners Within 500 ft. of Parcel # 146724300005 Account Parcel Owner R5805386 146725000026 R5805386 146725000026 BRAMMING FAMILY TRUST (1/3) BRAMMING JOHN E II TRUST (1/3) R5805386 146725000026 R6783937 146724300006 R6783936 146724300005 R5805686 R6778253 146725000027 146724200082 R5805386 146725000026 R7944799 R6777334 R7944799 BUTTS LISA GST TRUST 1/6 INT LEE DAVID P Mailing Address 1460 LETINGTON AVE WESTMINSTER CO 80023 RECREATIONAL STORAGE SOLUTIONS 2 LLC RECREATIONAL STORAGE SOLUTIONS LLC REGIONAL TRANSPORTATION DISTRICT TALBOT SUSAN E GST TRUST 1/6 INT 146724000084 146724400085 146724000084 VUE SHOUA L VUE SHOUA L VUE YONGGE R6777334 146724400085 VUE YONGGE 13738 STAR CREEK DR BROOMFIELD CO 800236575 13738 STAR CREEK DR BROOMFIELD CO 800236575 1600 BLAKE ST DENVER CO 802021324 C/O SUSAN TALBOT 11960 KEARNEY CIR THORNTON CO 802335218 5817 COUNTY ROAD 6 ERIE CO 805168200 5817 COUNTY ROAD 6 ERIE CO 805168200 Esther Gesick From: Sent: To: Subject: Esther: Diana Aungst Thursday, November 21, 2013 3:01 PM Esther Gesick RE: USR13-0010 revision to the BOCC Reso The 2nd of Dec will work fine. I'm ok with the 2nd if that works for you. I talked to the applicant and he said the 2nd would work for him. Thanks, Diana Aungst Planner /I Weld County Department of Planning Services 1555 N. 17th Avenue - Greeley, Colorado 80631 970-353-6100 ext. 3524 Fax: (970) 304-6498 daunctsMweldaov. com www.weldoov.com Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Esther Gesick Sent: Thursday, November 21, 2013 3:00 PM To: Esther Gesick; Diana Aungst Cc: Michelle Martin; Karla Ford Subject: RE: USR13-0010 revision to the BOCC Reso Hi Diana, I'm just following up on this. Since we weren't able to accommodate the 25th, will 12/2 work? The notice will have to go out tomorrow (11/22), so we're cutting this close. The 9th of December is also an option if you want to allow a little more notice time due to the holiday next week. Esther E. Gesick Deputy Clerk to the Board/Office Manager 1150 O Street P.Q. Box 7581 Greeley, CO 80632 tel: (970) 336-7215 X4226 Confidentiality Notice; This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please 1 immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Esther Gesick Sent: Friday, November 15, 2013 8:53 AM To: Diana Aungst Cc: Michelle Martin; Karla Ford Subject: RE: USR13-0010 revision to the BOCC Reso Hi Diana, I'm not aware of a formal Code change but informally the Board has been directing that the SPO's be provided a courtesy notice of 9:00 meetings when considering these types of revisions. We'd need to give 10 days notice so the 25th is too soon. Even if the notice went out today (which we can't accommodate) the earliest date would be December 2nd. Would that work for you? Esther E. Gesick Deputy Clerk to the Board/Office Manager 1150 O Street/P.O. Box 758/Greeley, CO 80632 tel: (970) 336-7215 X4226 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Diana Aungst Sent: Friday, November 15, 2013 7:33 AM To: Esther Gesick Cc: Michelle Martin Subject: USR13-0010 revision to the BOCC Reso Esther: As I understand it we need to revise the BOCC Reso to remove condition of approval 1A for the on -site improvements agreement. We were thinking of scheduling it for 11/25/13. Please let me know if that date is available or if we need to push it back for any reason. Thanks! Diana Aungst Planner !! Weld County Department of Planning Services 1555 N. 17th Avenue - Greeley, Colorado 80631 970-353-6100 ext. 3524 Fax: (970) 304-6498 daundst@weldoov.com www. weldgov. corn 2 Hello