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Home My WebLink About20121775.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS • Moved by Robert Grand,that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR12-0022 APPLICANT: ROBERT L SELTZER FAMILY TRUST PLANNER: CHRIS GATHMAN REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT ANY USE PERMITTED AS A USE BY RIGHT,AN ACCESSORY USE,OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (OUTSIDE RECREATIONAL VEHICLE STORAGE AND MISC. STORAGE)PROVIDED THAT THE PROPERTY IS NOTA 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. LEGAL DESCRIPTION: LOT D REC EXEMPT RE-4482;PART SW4/W2SE4 SECTION 34,Ti N,R67W OF THE 6TH P.M.,WELD COUNTY, COLORADO LOCATION: NORTH OF CR 2; EAST OF AND ADJACENT TO CR 19. be recommended favorably to the Board of County Commissioners 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 Planning Commission that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: a. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. • 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." Section 22-2-20 I.A.Goal 9. States: "Reduce potential conflicts between varying land uses in the conversion of traditional agricultural lands to other land uses." Section 22-2-20 1.3. A.Policy 9.3. States: "Consider mitigation techniques to address incompatibility issues. Encourage techniques and incentives, such as but not limited to clustered development and building envelopes, to minimize impacts on surrounding agricultural land." The proposed facility will cover approximately16 acres of the 128 acre property. A Landscaping and Screening Plan along with a Lighting Plan have been attached as conditions of approval for this application to mitigate the impacts of the facility on the adjacent area. b. Section 23-2-220.A.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 provides for Uses by Right, Accessory Uses, or a Uses by Special Review in the Commercial or Industrial Zone Districts Provided that the Property is 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 (recreational vehicle storage and miscellaneous storage) as a Use by Special Review in the A(Agricultural)Zone District. • c. Section 23-2-220.A.3 --The uses which will be permitted will be compatible with the t existing surrounding land uses. The site is located in a rural area. Surrounding properties m are agricultural and rural residential lots. The nearest residences are located approximately 300-feet to the north of the site, approximately 700-feet to the southwest of 2012-1775 RESOLUTION USR12-0022 ROBERT L SELTZER FAMILY TRUST PAGE 2 the site, approximately 900-feet to the northeast of the site and approximately %mile to • the north of the site. The Department of Planning Services has received two letters of concern/opposition from the property owner who lives to the southwest of the proposed site. He listed a number of concerns/issues: • The business is not an agricultural related use • Impacts on property values • Traffic impacts • Inadequate facilities for customers (toilets) • Environmental impacts from leaking fluids from vehicles, trash... • The potential for storage of industrial vehicles and equipment on the site • Fire Protection A number of conditions of approval and development standards are proposed to address potential impacts related to this use. A Landscaping and Screening Plan along with a Lighting Plan are required to be submitted and approved as conditions of approval for this application. The Department of Public Works is requiring a minimum 45-foot turning radius and that the gate for the facility be setback a minimum of 75-feet from the future right-of-way to allow RVs and trailers to pull completely off of the road. The Department of Public Health & Environment is requiring permanent toilet and water facilities for customers coming to the site. A water quality feature is required to capture oils and fluids from vehicles and equipment stored on site. The Brighton Fire Rescue District has reviewed the application and is requiring a second emergency access into the site. d. Section 23-2-220.A.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 proposed facility is located within 3 miles of Adams County and the City of Brighton. No referral responses have been received from either Adams County or the City of Brighton. e. Section 23-2-220.A.5--The application complies with Section 23-5 of the Weld County Code. The site is not located within any overlay districts. Effective April 25, 2011, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2011-2) Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2) f. Section 23-2-220.A.6 --The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The facility is proposed to be located on land designated as "Prime" according to the according to the Prime and Important Farmlands Map of Weld and Larimer Counties. Although the boundary of the USR will cover the entire property, the proposed storage area will be located on 16 acres of the site—the remainder of the site (approximately 112 acres)will remain undeveloped. g. Section 23-2-220.A.7--The Design Standards (Section 23-2-240, Weld County Code), • Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. RESOLUTION USR12-0022 ROBERT L SELTZER FAMILY TRUST PAGE 3 • This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Conditions of Approval outlined below are the remaining items that still need to be addressed. The Planning Commission recommendation for approval is conditional upon the following: 1. Prior to recording the plat: A. The plat shall be amended to delineate the following: 1. All plat sheets shall be labeled: USR12-0022. (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 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 public rights-of-way and adjacent properties. These areas shall be designed and used in a manner that will prevent wind or animal scattered trash. (Department of Planning Services) 5. County Road 19 is designated on the Weld County Road Classification Plan as an arterial roadway. There is presently 60 feet of right-of-way.A total of 70-feet from the • centerline of County Road 19 shall be designated on the plat as the edge of future 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. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. (Department of Public Works) 6. The approved Screening Plan. (Department of Planning Services) 7. Show the approved access on the plat and label with the approved access permit number (will be provided when application is received). (Department of Public Works) 8. Label the turning radiuses into the site. A minimum of 45 foot radiuses are required to allow trucks or RVs with trailers to turn. (Department of Public Works) 9. The gate must be set back 75 feet from future right-of-way to allow a truck or RV and trailer to pull completely off of the roadway and open the gate after the future road widening. (Department of Public Works) 10. The approved lighting plan. (Department of Planning Services) 11. Existing oil and gas wells and tank batteries including setbacks. (Department of Planning Services) B. Submit an Access Permit Application to the Department of Public Works (along with the required photos and fees)showing the existing access that will be used or closed in order to open the new access. (Department of Public Works) • C . --The applicant shall submit written documentation indicating-thatwater-service fan-approved well permit) is available for the commercial use. (Department of-Public-Health- and Environment) RESOLUTION USR12-0022 ROBERT L SELTZER FAMILY TRUST PAGE 4 D. The applicant shall submit a waste handling plan, for approval, to the Environmental Health • Services Division of the Weld County Department of Public Health&Environment. The plan shall include at a minimum, the following: The location of trash cans on the site and the waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). (Department of Public Health and Environment) E. The applicant shall address the requirements of the Brighton Fire Rescue District as outlined in their referral received April 23, 2012. Written evidence of such shall be provided to the Department of Planning Services. (Department of Public Works) F. A Lighting Plan, including cut sheets of the intended lights, shall be provided to the Department of Planning Services for review and approval. The lighting plan shall adhere to the lighting requirements for off-street parking spaces per Section 23-4-30.E of the Weld County Code and shall adhere to the lighting standards, in accordance with Section 23-3- 360.F and Section 23-2-250.D of the Weld County Code. Further,the approved Lighting Plan shall be delineated on the plat. (Department of Planning Services) G. An improvements and road maintenance agreement is required for this site for onsite improvements. Public Works will provide a draft of the agreement after the Board of County Commissioners hearing for this project. (Department of Public Works/Department of Planning Services) H. The applicant shall submit a landscape/screening plan for review and approval by the Department of Planning Services. In addition to the screening provided adjacent to County Road 19, the landscape/screening plan shall address screening from residential properties to • the south/southwest and north of the proposed use. (Department of Planning Services) The applicant shall either submit to the Weld County Department of Planning Services a copy of an agreement with the properties mineral owners/operators stipulating that the oil and gas activities have adequately been incorporated into the design of the site or show evidence that an adequate attempt has been made to mitigate the concerns of the mineral owners. (Department of Planning Services) J. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) 2. Upon completion of 1. above the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. 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 applicant shall be responsible for paying the recording fee. (Department of Planning Services) 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 (120) days from the date the Use by Special Review Permit was approved by the Board of County Commissioners a$50.00 recording continuance charge may be added for each additional 3 month period. 4. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Use by Special Review. Acceptable CAD formats are.dwg, .dxf, and .dgn(Microstation);acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is.e00. • 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. (Department of Planning Services) RESOLUTION USR12-0022 ROBERT L SELTZER FAMILY TRUST PAGE 5 • 5. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) 6. Prior to Operation: A. An individual sewage disposal system is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. (Department of Public Health& Environment) 7. Prior to Grading/Construction: A. If more than 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, a grading plan, installation details of all BMPs to be utilized, typical installation and maintenance notes for all BMPs to be utilized, and a copy of the approved CDPHE storm water permit. (Department of Public Works) 8. Prior to Release of Building Permits: A. A building permit shall be obtained prior to the construction of any new structures. Currently the following has been adopted by Weld County:2006 International Building Code;2006 International Mechanical Code;2006 International Plumbing Code;2006 International Fuel Gas Code;and the 2011 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) • B. Provide letter of notification from the Brighton Fire Rescue District prior to any new construction. (Department of Building Inspection) Motion seconded by Nick Berryman. VOTE: For Passage Against Passage Absent Robert Grand Bill Hall Tom Holton Alexander Zauder Benjamin Hansford Mark Lawley Nick Berryman Jason Maxey Joyce Smock The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings. • RESOLUTION USR12-0022 ROBERT L SELTZER FAMILY TRUST PAGE 6 • CERTIFICATION OF COPY I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission,do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on July 3, 2012. Dated the 3rd of July,(u 2012.. � tQ la t ,��✓� Kristine Ranslem Secretary • • SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS • ROBERT L SELTZER FAMILY TRUST USR12-0022 1. The Site Specific Development Plan and Special Use Permit is for ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (OUTSIDE RECREATIONAL VEHICLE STORAGE AND MISC. 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 and is subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. The unmanned storage lot shall be open 24-hours with an electronic keyed access gate. (Department of Planning Services) 4. Any liquid or solid wastes (as defined in the Solid Waste Disposal Sites and Facilities Act, Title 30, Article 20, part 1, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 5. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in accordance with their approved "dust abatement" plan, at all times. (Department of Public Health and Environment) 6. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and Environment) 7. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department of Public Health and Environment) 8. 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, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment) 9. The applicant shall operate in accordance with the approved "waste handling plan", at all times. (Department of Public Health and Environment) t0-----Adequate drinking; handwashingand-toilet facilities-shall be provided-or-customers-of-the facility. (Department of Public-Health-and Environment) 1T .. Sewage-disposal shall be-by-septic system Any septic system located on the propertymust comply with all provisions of the Weld County Code,pertaining to Individual Sewage--Disposal Systems. (Department of Public Health and-Environment) 12-- -A permanent, adequate-water supply shall be provided-for-drinking and-sanitary purposes. (Department of--Public Health-A-Environment) 13. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if 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. (Department of Public Works) • 14. The historical flow patterns and run-off amounts will be maintained on 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 run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. (Department of Public Works) RESOLUTION USR12-0022 ROBERT L SELTZER FAMILY TRUST PAGE 8 • 15. Weld County is not responsible for the maintenance of drainage related features (Department of • Public Works) 16. A building permit shall be obtained prior to the construction of any new structures. Currently the following has been adopted by Weld County: 2006 International Building Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2006 International Fuel Gas Code; and the 2011 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) 17. Provide letter of notification from the Brighton Fire Rescue District prior to any new construction. (Department of Building Inspection) 18. Effective April 25, 2011, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2011-2) 19. Effective April 25,2011, Building Permits issued on the proposed lots,will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2)(Department of Planning Services) 20. The screening on site shall be maintained in accordance with the approved Screening Plan. (Department of Planning Services) 21. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Planning Services) 22. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. . 23. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 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 constructed as traffic control devices. (Department of Planning Services) 25. 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. 26. The 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. 27. 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. • RESOLUTION USR12-0022 ROBERT L SELTZER FAMILY TRUST PAGE 9 • 28. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views,spaciousness,wildlife, lack of city noise and congestion,and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning;flies and mosquitoes;hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved"out of the way"of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000)square miles in size(twice the size of the State of Delaware)with more than three thousand seven hundred(3,700)miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases,will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches,electrical power for pumps and center pivot operations, high speed traffic, sandburs, puncture vines,territorial farm dogs and livestock,and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. • °C 7/3// EXHIBIT B • SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEET GILE/prejiyi Tuesday, July 3, 2012 `` A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building, Hearing Room, 1150 O Street, Greeley, Colorado. The meeting was called to order by Chair, Tom Holton, at 1:30 p.m. • Roll Call. Present: Benjamin Hansford,Jason Maxey,Joyce Smock,Mark Lawley,Nick Berryman,Robert Grand, Thomas Holton. Absent/Excused: Alexander Zauder, Bill Hall. Also Present: Kim Ogle, Chris Gathman, Diana Aungst, Michelle Martin and Tom Parko Department of Planning Services; Don Carroll, Department of Public Works; Lauren Light and Mary Evett, Department of Health; Brad Yatabe, County Attorney, and Kris Ranslem, Secretary. • Motion: Approve the June 19, 2012 Weld County Planning Commission minutes, Moved by Robert Grand, Seconded by Joyce Smock. Motion passed unanimously. t' CASE NUMBER: USR12-0022 APPLICANT: ROBERT L SELTZER FAMILY TRUST PLANNER: CHRIS GATHMAN REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT ANY USE PERMITTED AS A USE BY RIGHT,AN ACCESSORY USE,OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE • DISTRICTS (OUTSIDE RECREATIONAL VEHICLE STORAGE AND MISC. STORAGE)PROVIDED THAT THE PROPERTY IS NOTA 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. LEGAL DESCRIPTION: LOT D REC EXEMPT RE-4482;PART SW4/W2SE4 SECTION 34,Ti N,R67W OF THE 6TH P.M.,WELD COUNTY, COLORADO LOCATION: NORTH OF CR 2; EAST OF AND ADJACENT TO CR 19. • Chris Gathman, Planning Services, presented Case USR12-0022, reading the recommendation and comments into the record. There were four(4)letters of opposition from three surrounding property owners. These letters noted a number of concerns and issues, including but not limited to, 1)that the business is not an agricultural related use, 2) impacts on property values, 3)traffic impacts,4)traffic safety, 5) inadequate facilities for customers,6)environmental impacts from leaking fluids from vehicles and trash, 7)potential for storage of industrial vehicles and equipment on the site,8)fire protection concerns,9)potential for crime,theft and vandalism, 10) potential of dumping waste from RV's on site, 11) concern for precedent for more commercial development in the area. Additionally,staff received two(2)letters from property owners north of the site stating that they had no concerns or opposition to this request. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Commissioner Lawley asked what the miscellaneous storage would be. Mr.Gathman said that he is trying to get more clarification on that as well; however the applicant would be able to answer that question. ID' Don Carroll, Public Works,reported on the conditions of approval and development standards included in the staff report. He stated that County Road 19 is classified as an arterial roadway. Mr. Carroll noted that there were 469 vehicles on County Road 19 in 2011. The applicant is proposing an additional 21 trips during • Phase 1 and an additional 43 trips during Phase 2 on that roadway. `" Lauren Light, Environmental Health,noted that the application states that no water or sewer facilities or 1 L"aimun1G l Ei,a n 7-lb -O2c/.2 • dump station on site. According to Environmental Health Policy, if there will be more than 10 people on site during the day, then permanent water and sewage disposal facilities are required. She added that the applicants are requesting a waiver from the required permanent water and sewer facilities. Ms. Light reported in the conditions of approval and development standard included in the staff report. lb' Bob Rickard announced that he is the agent for the Robert Seltzer Family Trust. He introduced Dave Meyer. David Meyer, Vertex Construction Services, stated that they are representing the applicant. The applicant currently operates three(3)other similar RV storage facilities within the metropolitan area. He noted that the facility operator, Craig Paulson,has over 18 years experience operating similar facilities. At full build out they anticipate this site to have 800 spaces. He added that the site will encumber approximately 16 acres. Mr. Meyer stated that they have complied with all the Fire and Emergency requirements, including a proposed secondary access to the facility. There is a 24 hour secured gate with a light and security camera. While there will be no full-time employee on site there are other local employees who would be available to rent out spaces. They feel they have tried to mitigate the concerns with the neighbors. They are asking for a variance of the required permanent water and bathroom facilities because of the infrequency of use. With regard to the miscellaneous storage, the majority of the storage will be boat and RV's however they intend to allow some flexibility. He added that there will be no construction material storage or hazardous material storage allowed on site.Commissioner Lawley asked Mr. Meyer to clarify the miscellaneous storage. Mr. Meyer said that they would like to work with the Planning Department on limiting the area or what can be stored there. Commissioner Maxey inquired what type of screening the applicant is proposing, given the elevation. Mr. Meyer stated that they are proposing a cedar privacy fence along the roadway. • Craig Poulsen, 2385 Indian Paint Brush Drive, Littleton, CO, stated that with regard to the miscellaneous storage they can get specific language that should help clear that up. He added that this will be a clean operation. Mr. Poulsen stated that they could place a fence on top of a berm that would help with the screening. He added that many of their clients have complained that the sap from trees have damaged their vehicles. is' The Chair asked if there was anyone in the audience who wished to speak for or against this application. Steve Neal, 4465 1 E 115 Avenue, Thornton, CO, stated that he owns the lot across the street from the site. They purchased the lot for its agricultural area and the views and added that they intend to construct a home in the future. He is opposed to this request as they don't want the view of RV storage, decrease in property values,crime,traffic and noise. He added that many of the neighbors have invested a lot of money in building their homes there. He has owned the property for 12 years. ir Kennard Knudson, 305 CR 19, Brighton, CO, stated that he lives directly across the subject site. He is opposed to this request as his home is currently valued at $1 million and is concerned that the value will decrease significantly. Mr. Knudson added that he is also concerned with the quality of life and the traffic congestion during peak times on Friday and Sunday afternoon for 800 spaces. He has lived there since 2001. Jeanne Ware, 845 CR 19, Brighton, CO, stated that she lives 1/2 mile away from the site. She was disappointed that she was not notified of this development but learned of it through her neighbors.She added that this proposal will make an impact on them as well. Ms.Ware stated that she loves the rural nature of the area and added that County Road 19 has a lot of traffic and she is very concerned with traffic safety. She asked the Planning Commission to consider their impacts and their homes and urged them to deny this request. She has lived there since 2001. • is, Vicki Knudson, 305 CR 19, said that the homes in the neighborhood are custom homes valued from $600,000 to $1 million. They looked at this area as an investment. In addition, they have considered 2 • subdividing their property for additional homes and this RV Park will be devastating to these investments. D. Tim Seltzer,33641 CR 83, Briggsdale,CO,stated that he represents the Robert Seltzer Family Trust. He said that they have owned the property since 1914 and were active farmers until Westminster wanted the water rights from the property. The Chair asked Mr.Seltzer if he could address the public comments after the public portion of the hearing is closed. D. Lori Wellhouse,773 CR 19,stated that she has lived there a couple of years and enjoys the open space and the incredible beauty of the area. They have had to endure a lot of traffic just with the oil and gas traffic and it has recently died down. She is concerned with traffic safety with the additional traffic with RV's and campers. • Tim Seltzer said that they located the park because of site specific reasons. He added that there is a hill northwest of the site that slopes to the site. He said that his mother lives directly north of the facility and added that they wouldn't place this park there if she didn't like it. Since the water on site dried up, farming on this parcel is not an option. He believes it is compatible with the area since the Dry Creek proposal sits to the south,east and west of the site.Additionally,there is a 24 inch gas main that runs through the property as well as other pipeline right-of-ways throughout the remaining parcel since the 1950s. Mr.Seltzer said that they will monitor what will be stored on the property. Commissioner Lawley proposed that the water and sewer issue be resolved after the miscellaneous storage is clarified. He is not opposed to alternative requirements or no requirements but feels that the miscellaneous aspect needs to be defined. He added that this could be worked out between the applicant and staff. Robert Grand moved to modify the requirements of the water and sewer facilities. Maxey expressed that he is concerned that there will be a lot of people out there • Robert Grand moved to modify Condition of Approval 1.C and Development Standards 10 through 12, seconded by Nick Berryman. Vote: Motion passed (summary: Yes =4, No = 3, Abstain = 0). Yes: Benjamin Hansford, Joyce Smock, Nick Berryman, Robert Grand. No: Jason Maxey, Mark Lawley, Thomas Holton. Robert Grand moved to delete Condition of Approval 1.C and Development Standards 10 through 12, seconded by Nick Berryman. Vote: Motion passed (summary: Yes =4, No =3, Abstain = 0). Yes: Benjamin Hansford, Joyce Smock, Nick Berryman, Robert Grand. No: Jason Maxey, Mark Lawley, Thomas Holton. Commissioner Holton expressed the need for screening for this facility. He asked if a plan has been presented to staff. Mr. Gathman said that they have requested a screening plan; however they have not received anything yet. The applicants are proposing screening along the roadway on County Road 19. ▪ Motion: Modify Condition of Approval 1.H to include a landscape/screening plan, Moved by Jason Maxey, Seconded by Benjamin Hansford. Motion passed unanimously. • The Planning Commission discussed the miscellaneous storage issue and the consensus was to further define it. Mr. Meyer said that they would like to work with staff to further define that so everyone knows what 4111 might be allowed out there prior to the Board of County Commissioners hearing. The Chair asked the applicant if he read through the amended Development Standards and Conditions of 3 Approval and if they are in agreement with those. The applicant replied that he is in agreement. • Motion: Forward Case USR12-0022 to the Board of County Commissioners along with the amended Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Robert Grand, Seconded by Nick Berryman. Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Benjamin Hansford,Jason Maxey,Joyce Smock, Mark Lawley, Nick Berryman,Robert Grand,Thomas Holton. Commissioner Smock liked that the applicant intends to work with the surrounding property owner. Commissioner Maxey cited Section 22-2-20.G A.Goal 7, Policy 7.2 and encouraged the applicant to work with the surrounding property owners to make this a compatible site. Commissioner Grand feels that the property owners have a right to use their property as long as it meets the County Codes. He recommended that the applicants resolve the miscellaneous storage area to provide a facility with the quality as indicated by the owners. Commissioner Holton cited Section 22-2-20.1.3 A Policy 9.3 regarding mitigating impacts on the facility by a landscape and screening plan. The Chair called a recess at 3:22 pm and reconvened the hearing at 3:31 pm. CASE NUMBER: USR12-0026 APPLICANT: STERLING ENERGY INVESTMENTS LLC PLANNER: KIM OGLE • REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FORA NON-1041 MAJOR FACILITY OF A PUBLIC UTILITY(ONE(1)GREATER THAN 10-INCH NATURAL GAS TRANSMISSION PIPELINE)IN THE A(AGRICULTURAL) ZONE DISTRICT LEGAL DESCRIPTION: THE PREFERRED ROUTE CROSSES THE S2SW4 SECTION 2;S2E2 SECTION 2; SE4SE4 SECTION 3; S2SW4 AND SW4SE4 SECTION 4; S2S2 SECTION 5; W2SW4 SECTION 6; SE4SW4 AND S2SE4 SECTION 6; NE4NE4 SECTION 9; N2NW4 AND NW4NE4 SECTION 10; NE4NE4 SECTION 10 TOWNSHIP 9 NORTH,RANGE 59 WEST; N2S2 SECTION 1;E2SE4 SECTION 2;SE4 SECTION 8;S2S2 SECTION 9;W2SW4 SECTION 10;S2E2SW4 AND S2SE4 SECTION 10; S2S2, E2E2 SECTION 11; NE4 SECTION 19 TOWNSHIP 9 NORTH, RANGE 60 WEST OF THE 6TH P.M.,WELD COUNTY COLORADO LOCATION: WEST-EAST ALIGNMENT COMMENCES AT CR 101 AND TERMINATES AT CR 117. GENERALLY LINE IS LOCATED ON NORTH SIDE OF CR 106, THEN AT CR 107 HEADS NORTH TO CR 108 THEN EAST TO TERMINUS. D" Kim Ogle, Planning Services, presented Case USR12-0026, reading the recommendation and comments into the record. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. In addition, Public Works and Environmental Health presented their reports and stated that they have no concerns with this request. Stuart Asselin, Bobcat Lane, Littleton CO, Executive Vice President for Sterling Energy Investments, stated that he has read the staff report and has no concerns. They have requested early release of building permits and have begun construction. In response to Ms.Smock's inquiry,Mr.Asselin stated that the pipeline is 10 inches in diameter. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No • one wished to speak. The Chair asked the applicant if he read through the amended Development Standards and Conditions of 4 Hello