HomeMy WebLinkAbout20202828.tiffHEARING CERTIFICATION
DOCKET NO. 2020-62.B
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR20-0016, FOR SIX (6) CARGO CONTAINERS IN THE A (AGRICULTURAL) ZONE
DISTRICT - BRYAN EDWARDS
A public hearing was conducted on October 14, 2020, at 10:00 a.m., with the following present:
Commissioner Mike Freeman, Chair
Commissioner Steve Moreno, Chair Pro-Tem
Commissioner Scott K. James
Commissioner Barbara Kirkmeyer
Commissioner Kevin D. Ross
Also present:
Acting Clerk to the Board, Jan Warwick
Assistant County Attorney, Bob Choate
Planning Services Department representative, Maxwell Nader
Public Works Department representative, Melissa King
Health Department representative, Lauren Light
The following business was transacted:
Ei I hereby certify that pursuant to a notice dated August 7, 2020, and duly published August 12,
2020, in the Greeley Tribune, a public hearing was conducted on September 23, 2020, to consider
the request of Bryan Edwards, for a Site Specific Development Plan and Use by Special Review
Permit, USR20-0016, for six (6) cargo containers in the A (Agricultural) Zone District. At said
hearing, the matter was continued to October 14, 2020, to allow Bryan Edwards the opportunity
to be present. Bob Choate, Assistant County Attorney, made this a matter of record.
e Maxwell Nader, Department of Planning Services, presented a brief summary of the proposal,
in the Ranch Eggs Subdivision, and stated in addition to the cargo containers, there is a
non-commercial junkyard on site, including approximately 100 personal vehicles. He relayed there
is existing screening and there is a Condition of Approval (COA) and Development Standard (DS)
to ensure that screening is maintained. Mr. Nader stated the site has an active Zoning Violation
(ZCV19-00151) due to the presence of more than one (1) cargo container within a recorded
subdivision without first completing necessary Weld County Zoning Permits. He shared four (4)
letters were received from surrounding property owners (SPO) with concerns outlined being the
use of the property, the property owner does not live onsite and the non-commercial junkyard is
visible. Mr. Nader stated a site visit was conducted on August 17, 2020, to confirm the site
concerns; however, he noted the non-commercial site is not visible from 175th Avenue, and the
applicant submitted five (5) letters of support at the Planning Commission hearing. Mr. Nader
stated the site is located within the three-mile referral area of the City of Dacono, City of
Northglenn and Town of Erie, and all three municipalities had no concerns. He displayed maps
and images of the property and surrounding views and described the USRs within one (1) mile of
the site.
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Ei Melissa King, Department of Public Works (PW), stated the parcel currently has unpermitted
access onto 175th Avenue, therefore, the applicant should obtain an access permit for this
location. She relayed no traffic counts are available for 175th Avenue but are available for County
Road (CR) 7, onto which 175th Avenue connects. She shared the latest average daily trips on
CR 7 counted 1,788 vehicles per day, 10% being trucks, the 85th percentile speed is 52 mph,
and the traffic information submitted indicated there would be approximately six (6) daily
passenger car round trips. She also relayed PW has received an acceptable drainage narrative
for this site.
IR Lauren Light, Department of Public Health and Environment (EH), explained since the
containers are for private storage and not a business, they do not require water and sewer;
however, sanitary services for the whole parcel were reviewed and determined the septic system
for the existing house is not located near the cargo containers. She stated two DS address water
and sewer for the parcel and there are no other outstanding EH items. IR In response to
Commissioner Kirkmeyer, Mr. Nader stated the 3.2 -acre property is still in violation, there is
screening, but some fence panels have fallen down, and the screening prevents views of the non-
commercial junkyard from 175th Avenue and the property to the west. Additionally, Mr. Nader
confirmed the applicant stated the property is non-commercial and there is a COA which requires
the applicant to prove ownership of all the vehicles.
Brian Edwards, Applicant, clarified the screening on the west has been repaired after the
windstorm, pointing out on the map where a microburst damaged the fence.
e Sherry Struble, SPO, stated the Ranch Eggs neighborhood is one in transition, due to the
growth that all of Colorado is experiencing, as well as the Broomfield and Erie annexations
surrounding the neighborhood. She stated the area has become a dumping ground for
non-commercial vehicles; however, she believes they are a community with potential, where
owner residents are doing clean-up so that their community more appropriately fits in with the
neighboring communities. She expressed her belief that the most frequent trouble is with
non-residential people who tell county staff one thing and neighbors see something entirely
different. Ms. Struble stated a neighbor has a $1.1 million dollar contract on a property, despite
the trash on the neighbor's property, which emboldens others to place whatever they desire in
the neighborhood. She displayed a picture of the subject property taken from a neighboring
property, documenting the trash containers and old vehicles are visible and requested the Board
deny the USR request, or include COA and DS to mitigate the negative impacts. In response to
Commissioner James, Ms. Struble stated the number of cargo containers, lack of proper road
access and providing titles for vehicles in a non-commercial junkyard are all issues of
non-compliance with the Weld County Code.
Deborah Lynch, SPO, stated she lives across the street and one house west of the subject
site and requested denial of the USR application. Ms. Lynch indicated, even though there is
fencing around the property, she can see vehicles and the site looks like a junkyard, relaying
neighborhood covenants do not allow cargo containers.
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El Sandra Barnett, SPO, indicated her home is located down the street from the subject site and
this is the first junkyard requested during the 50 years she has lived in the neighborhood. The
applicant has six (6) cargo containers that are not allowed and over 100 vehicles, which require
evidence of titles. She claimed the applicant is not in compliance with the A (Agricultural) zoning
of the neighborhood and requested denial of the USR application.
E Bryan Edwards, applicant, stated when he acquired the cargo containers, he was unaware
they were not allowed. Mr. Edwards noted the roofs on the garage and apartment are green and
he thought the green one looked the best of all the containers. He stated when he was cited for
having a commercial junkyard, he was told that the difference between having a commercial,
versus a non-commercial junkyard, was a six (6) foot fence, so he built the fence around the
property. In response to Commissioner Ross, Mr. Edwards shared some of the vehicles belong
to him, and some to his roommate, with his roommate having a combination of titles and bills of
sale. Mr. Nader acknowledged that either would be sufficient. In response to Commissioner
Kirkmeyer, Mr. Edwards relayed he purchased the property in 2002, has lived there for many
years and has a Boulder mailing address, but the application location is his primary residence. In
response to Commissioner Kirkmeyer, Mr. Nader confirmed there were approximately 100
vehicles on the propert ,and Mr. Edwards understood that Mr. Nader would confirm title to each
vehicle in person. IPA There were additional questions and comments between the
Commissioners and the applicant regarding the reasons for the number of vehicles, and their
purpose to the applicant and his roommate. The applicant went on to describe the years and
models of some of the vehicles, admitting that they do not all run, and ownership of the vehicles
is a hobby. In response to Commissioner James, Mr. Nader confirmed everything visible in the
photographs is allowed, with the exception of cargo containers, and the vehicles can be derelict
as long as they are screened; however, Commissioner Kirkmeyer asserted if the applicant is
unable to provide proof of ownership, the USR may need to address the vehicles. Chair Freeman
pointed out that COA #1.D (Evidence of Ownership) is one of the conditions of the USR
application. Commissioner Kirkmeyer reiterated that if the applicant cannot show ownership of all
of the vehicles today, the site would be considered a commercial junkyard and that categorization
is not part of the USR application. She further cited the Comprehensive Plan, "Promoting a quality
environment which is free of derelict vehicles, refuse, litter and other unsightly materials," and
stated she does not believe it is compatible with existing or future residential development in the
area. In response to Commissioner Ross, Mr. Choate explained, if the vehicles are derelict, they
can be owned in a non-commercial junkyard, but if the applicant cannot prove ownership, it does
fall into the commercial junkyard description. In response to Chair Freeman, Mr. Nader stated,
technically, the cargo containers do not have to be screened, but a COA was added for screening
due to the provisions of the subdivision.
IR Commissioner Kirkmeyer moved to deny the request of Bryan Edwards for a Site Specific
Development Plan and Use by Special Review Permit, USR20-0016, for six (6) cargo containers
in the A (Agricultural) Zone District. She stated, the six (6) cargo containers or the possibility of a
commercial junk yard is not consistent with Section 22-2-220.D (A.Goal 4) of the Code, which
states: Promote a quality environment free of derelict vehicles, and/or other unsightly materials."
Commissioner Kirkmeyer also noted this neighborhood, even if it is in the A (Agricultural) Zone
District, has been a residential subdivision for many years, stating the applicant has the burden
of proof to demonstrate that he has met all of the criteria. She went on to quote
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Section 23-2-230.6.3 finding the placement of six (6) cargo containers is not compatible with the
existing, surrounding land uses, and Section 23-2-230.6.4 the Uses permitted would not be
compatible with future development of the surrounding area. The motion was seconded by
Commissioner James. Chair Freeman asked for any further discussion, there being none, the
motion carried unanimously, and the hearing was completed at 10:43 a.m.
This Certification was approved on the 19th day of October, 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: J,110.4;61,
Weld County Clerk to the Board
BY
a.
uty Clerk to the Boar
Mike Freeman, Chair
Stevoreno, Pro-Tem
James
XCUSED DATE OF APPROVAL
arbara Kirkme_yer
Kevin D. Ross
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